UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13A-16
OR
15D-16 UNDER THE SECURITIES EXCHANGE ACT OF 1934
For the month of September, 2017 |
Commission File Number: 001-33838 |
DOMINION DIAMOND CORPORATION |
(Translation of registrant's name into English)
P.O. Box 4569, Station A Toronto, ON, Canada M5W 4T9 |
(Address of principal executive offices) |
Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.
Form 20-F ⃞ Form 40-F ⊠
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): ⃞
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): ⃞
Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes ⃞ No ⊠
If "Yes" is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): N/A
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
DATED the 22nd day of September, 2017.
DOMINION DIAMOND CORPORATION |
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(Registrant) | ||||
By: |
/s/ Matthew Quinlan |
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Name: |
Matthew Quinlan |
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Title: |
Chief Financial Officer |
EXHIBIT INDEX
EXHIBIT |
DESCRIPTION OF EXHIBIT |
|
Exhibit 99.1
Dominion Diamond Receives Court Approval for Arrangement with The Washington Companies
CALGARY, Alberta--(BUSINESS WIRE)--September 22, 2017--Dominion Diamond Corporation (TSX: DDC, NYSE: DDC) (the “Company” or “Dominion”) today announced that the Ontario Superior Court of Justice (Commercial List) has issued a final order approving its previously-announced plan of arrangement (the “Arrangement”) pursuant to which Northwest Acquisitions ULC (the “Purchaser”), an entity affiliated with The Washington Companies, has agreed to acquire all of the issued and outstanding common shares of the Company for US$14.25 per share in cash.
The closing of the Arrangement remains subject to the Company having a minimum cash balance of US$150 million if closing occurs on or before November 30, 2017, or US$200 million if closing occurs after November 30, 2017, and certain other customary closing conditions, including the receipt of Investment Canada Act (Canada) approval. Assuming the timely satisfaction of these closing conditions, the Arrangement is expected to close in the fourth quarter of calendar 2017.
Shareholders who have questions or require assistance with submitting their shares to the Arrangement, including with respect to completing the applicable letter of transmittal, are asked to contact AST Trust Company (Canada), who is acting as depositary under the Arrangement, at 1-800-387-0825 (toll free in North America) or at 416-682-3860 (collect outside North America), or by email at inquiries@canstockta.com.
About Dominion Diamond Corporation
Dominion Diamond
Corporation is a Canadian mining company and one of the world’s largest
producers and suppliers of premium rough diamond assortments to the
global market. The Company operates the Ekati Diamond Mine, in which it
owns a controlling interest, and owns 40% of the Diavik Diamond Mine,
both of which are located in the low political risk environment of the
Northwest Territories in Canada. It also has world-class sorting and
selling operations in Canada, Belgium and India.
Forward-Looking Statements
Certain statements
included in this news release may be considered forward-looking. Such
statements involve known and unknown risks, uncertainties and other
factors that may cause actual results, performance or achievements to be
materially different from those implied by such statements, and
therefore these statements should not be read as guarantees of future
performance or results. All forward-looking statements are based on the
Company’s current beliefs as well as assumptions made by and information
currently available to the Company and relate to, among other things,
anticipated timing of closing of the transaction and the satisfaction of
closing conditions including, without limitation, (i) Investment Canada
Act (Canada) approval, and (ii) other closing conditions, including,
without limitation, the operation and performance of the Dominion
business in the ordinary course until closing of the transaction,
maintenance by Dominion of a minimum cash balance in the amounts as
specified in the arrangement agreement dated July 15, 2017 entered into
by and between Dominion and the Purchaser (the “Arrangement Agreement”)
with respect to the Arrangement, and compliance by Dominion with various
covenants contained in the Arrangement Agreement.
Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of this news release. Due to risks and uncertainties, including the risks and uncertainties identified by the Company in its public securities filings available at www.sec.gov and www.sedar.com, actual events may differ materially from current expectations. The Company disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by law.
For more information, please visit www.ddcorp.ca.
CONTACT:
Dominion Diamond Corporation
Investors:
Jacqueline
Allison, 416-205-4371
Vice-President, Investor Relations
jacqueline.allison@ddcorp.ca
or
Canadian
Media:
DFH Public Affairs
Ian Hamilton, 416-206-0118
x222
or
US Media:
Gagnier Communications
Dan
Gagnier, 646-569-5897