0001104659-24-064842.txt : 20240523 0001104659-24-064842.hdr.sgml : 20240523 20240523214514 ACCESSION NUMBER: 0001104659-24-064842 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20240521 FILED AS OF DATE: 20240523 DATE AS OF CHANGE: 20240523 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: O'Sullivan Anthony CENTRAL INDEX KEY: 0001874198 ORGANIZATION NAME: FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-39281 FILM NUMBER: 24980640 MAIL ADDRESS: STREET 1: 19 TENNYSON STREET CITY: BULIMBA, QUEENSLAND STATE: C3 ZIP: 4171 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: TMC the metals Co Inc. CENTRAL INDEX KEY: 0001798562 STANDARD INDUSTRIAL CLASSIFICATION: METAL MINING [1000] ORGANIZATION NAME: 01 Energy & Transportation IRS NUMBER: 000000000 STATE OF INCORPORATION: A1 FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 595 HOWE STREET STREET 2: 10TH FLOOR CITY: VANCOUVER STATE: A1 ZIP: V6C 2T5 BUSINESS PHONE: (604) 631-3115 MAIL ADDRESS: STREET 1: 595 HOWE STREET STREET 2: 10TH FLOOR CITY: VANCOUVER STATE: A1 ZIP: V6C 2T5 FORMER COMPANY: FORMER CONFORMED NAME: Sustainable Opportunities Acquisition Corp. DATE OF NAME CHANGE: 20200102 4 1 tm2415498-1_4seq1.xml OWNERSHIP DOCUMENT X0508 4 2024-05-21 0 0001798562 TMC the metals Co Inc. TMC 0001874198 O'Sullivan Anthony C/O TMC THE METALS COMPANY INC., 595 HOWE STREET, 10TH FLOOR VANCOUVER A1 V6C 2T5 BRITISH COLUMBIA, CANADA 0 1 0 0 Chief Development Officer 0 Common Shares 2024-05-21 4 S 0 50000 1.3948 D 896829 D Common Shares 2024-05-22 4 S 0 25000 1.4044 D 871829 D Common Shares 2024-05-23 4 S 0 25000 1.48 D 846829 D Common Shares 385110 I JOZEM Pty Ltd., Trustee of the O'Sullivan Family Trust No. 1 The price reflects the average selling price of the common shares sold. These common shares were sold in multiple transactions at prices ranging from $1.38 to $1.42 per common share. The Reporting Person undertakes to provide, upon request by the SEC staff, the Issuer or a security holder of the Issuer, full information regarding the number of common shares sold at each price. The price reflects the average selling price of the common shares sold. These common shares were sold in multiple transactions at prices ranging from $1.365 to $1.44 per common share. The Reporting Person undertakes to provide, upon request by the SEC staff, the Issuer or a security holder of the Issuer, full information regarding the number of common shares sold at each price. The price reflects the average selling price of the common shares sold. These common shares were sold in multiple transactions at prices ranging from $1.42 to $1.525 per common share. The Reporting Person undertakes to provide, upon request by the SEC staff, the Issuer or a security holder of the Issuer, full information regarding the number of common shares sold at each price. The Reporting Person is the sole director of JOZEM Pty Ltd., which is the trustee of The O'Sullivan Family Trust No. 1. Sales were made to cover the income tax associated with the restricted stock units granted to the reporting person on March 20, 2024. Exhibit 24.1 - Power of Attorney /s/ Ryan Coombes, Attorney-in-Fact 2024-05-23 EX-24.1 2 tm2415498d1_ex24-1.htm EXHIBIT 24.1

 

Exhibit 24.1 

 

POWER OF ATTORNEY

 

Know all by these present, that the undersigned hereby constitutes and appoints each of Marina Rothberg, Nadia do Canto, Jessica Zhang, Kaoru Suzuki, Daniel Kajunski and Robyn Frattali of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., and each of Craig Shesky, Ryan Coombes, Michelle Ancosky and Claude Plourde of TMC the metals company Inc. (the “Company”), signing singly, with full power of substitution, the undersigned's true and lawful attorney-in-fact to:

 

(1)                execute for and on behalf of the undersigned, forms and authentication documents for EDGAR Filing Access;

 

(2)                do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such forms and authentication documents;

 

(3)                execute for and on behalf of the undersigned, in the undersigned’s capacity as an officer, director and/or 10% shareholder of the Company, Forms 3, 4 and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder;

 

(4)                do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 or 5 and timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and

 

(5)                take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interests of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion.

 

The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorney-in-fact, in serving in such capacity at the request of the undersigned, is not assuming, nor is the Company assuming, any of the undersigned’s responsibilities to comply with Section 16 of the Securities Exchange Act of 1934.

 

This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4 and 5 with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact.

 

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed this 31st day of December 2023.

 

  /s/ Anthony O’Sullivan
Anthony O’Sullivan