KPMG - IERE

transfer or other taxes due in connection with your application in any territory and that you
have not taken any action or omitted to take any action which will result in the Company, or
the Existing Shareholders or the Receiving Agent or any of their respective officers, agents or
employees acting in breach of the regulatory or legal requirements, directly or indirectly, of any
territory or jurisdiction outside of Luxembourg in connection with the Public Offer in respect of
your application;
8.3 confirm that in making an application you are not relying on any information or representations
in relation to the Company or the Shares other than those contained in the Prospectus (on the
basis of which alone your application is made) and accordingly you agree that no person
responsible solely or jointly for the Prospectus or any part thereof shall have any liability for
any such other information or representation;
8.4 agree that, having had the opportunity to read the Prospectus, you shall be deemed to have had
notice of all information and representations contained therein;
8.5 acknowledge that no person is authorised in connection with the Public Offer to give any
information or make any representation other than as contained in the Prospectus and, if given
or made, any information or representation must not be relied upon as having been authorised
by the Company, the Existing Shareholders or the Receiving Agent;
8.6 warrant that you are not under the age of 18 on the date of your application;
8.7 agree that all documents and monies sent by post to, by or on behalf of the Company or the
Existing Shareholders or the Receiving Agent, will be sent at your risk and, in the case of
documents and returned application cheques and payments to be sent to you, may be sent to
you at your address (or, in the case of joint holders, the address of the first-named holder) as
set out in your Application Form;
8.8 confirm that you have reviewed the restrictions contained in paragraph 5 above and in
paragraphs 12 and 13 below and warrant, to the extent relevant, that you (and any person on
whose behalf you apply) comply or have complied with the provisions therein;
8.9 represent and warrant that, in reliance on Regulation S, at the time of the offer to you of the
Shares and at the time the buy order originated, you were outside the United States for the
purposes of Rule 903 under the Securities Act;
8.10 represent and warrant that you understand that the Shares are being offered in a transaction
not involving any public offering in the United States within the meaning of the Securities Act,
that the Shares have not been and will not be registered under the Securities Act and that (A) if
in the future you decide to offer, resell, pledge or otherwise transfer any of the Shares, such
Shares may be offered, resold, pledged or otherwise transferred only (i) in the United States to a
person whom the seller reasonably believes is a qualified institutional buyer in a transaction
meeting the requirements of Rule 144A, (ii) in accordance with Rule 144 under the Securities
Act, or (iii) outside the United States in a transaction complying with Rule 903 or Rule 904 of
Regulation S under the Securities Act, in each case in accordance with applicable securities laws
of the states of the United States, and (B) the purchaser will, and each subsequent holder is
required to, notify any subsequent purchaser of the Shares from it of the resale restrictions
referred to in (A) above;
8.11 understand and acknowledge that none of the Company, the Investment Manager or any of the
Joint Global Coordinators, nor any of their respective affiliates, makes any representation as to
the availability of any exemption under the Securities Act for the offer, resale, pledge or transfer
of the Shares. You understand that the Shares to be subscribed or purchased by you are
‘‘restricted securities’’ as defined in Rule 144(a)(3) under the Securities Act;
8.12 understand that any offer, resale, pledge or transfer of the Shares made other than in
compliance with the transfer restrictions set forth in the Prospectus may not be recognised by
the Company; and
8.13 represent and warrant that you are not a ‘‘benefit plan investor’’ (as defined in ERISA), or
other employee benefit plan subject to any United States federal, state, local or other law or
regulation that is substantially similar to the prohibited transaction provisions of Section 406 of
ERISA or Section 4975 of the Internal Revenue Code of 1986, as amended, and that you will
not sell or otherwise transfer any Shares or any interest therein unless the transferee makes or is
deemed to make the representations, warranties and agreements set forth in this paragraph, and
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