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Download full circular PDF - Anglo American Platinum

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This paragraph 4.13 sets out the restrictions applicable to shareholders andrenouncees who have registered addresses outside South Africa, who are nationals,citizens or residents of countries, other than South Africa, or who are persons(including, without limitation, custodians, nominees and trustees) who have acontractual or legal obligation to forward this document to a jurisdiction outsideSouth Africa or who hold ordinary shares for the account or benefit of any suchperson.It is the responsibility of any person outside South Africa (including, without limitation,nominees, agents and trustees for such persons) receiving this <strong>circular</strong> and wishing to takeup rights under the rights offer to satisfy himself as to <strong>full</strong> observance of the applicable lawsof any relevant territory, including obtaining any requisite governmental or other consents,observing any other requisite formalities and paying any issue, transfer or other taxes duein such territories.Receipt of this <strong>circular</strong> will not constitute an offer in those jurisdictions in which it would beillegal to make an offer and, in those circumstances, this <strong>circular</strong> if sent, will be sent forinformation only and should not be copied or redistributed. No person receiving a copy ofthis <strong>circular</strong> in any territory, other than South Africa, may treat the same as constituting aninvitation or offer to such person unless, in the relevant territory, such an invitation or offercould law<strong>full</strong>y be made to him without contravention of any registration or other legalrequirements.Accordingly, persons (including, without limitation, nominees, agents and trustees)receiving a copy of this <strong>circular</strong> should not, in connection with the rights offer,distribute or send the same to any person in, or citizen or resident of, or otherwiseinto any jurisdiction where to do so would or might contravene local securities lawsor regulations. Any person who does forward this <strong>circular</strong> into any such territory(whether under a contractual or legal obligation or otherwise) should draw therecipient’s attention to the contents of this paragraph 4.13.The Company reserves the right, but shall not be obliged, to treat as invalid anyacceptance or purported acceptance of the offer of letters of allocation and preferenceshares which appears to the Company or its agents to have been executed, effected ordespatched in a manner which may involve a breach of the securities laws or regulationsof any jurisdiction or if the Company believes or its agents believe that the same mayviolate applicable legal or regulatory requirements.Despite any other provision of this <strong>circular</strong> or the form of instruction, the Company reservesthe right to permit any shareholder or renouncee to take up his rights if the Company in itssole and absolute discretion is satisfied that the transaction in question is exempt from, ornot subject to, the legislation or regulations giving rise to the restrictions in question.Specific restrictions relating to certain jurisdictions are set out below.4.13.2 United KingdomThe letters of allocation and preference shares are not being offered, transferred, sold ordelivered in or into the United Kingdom by this <strong>circular</strong> or any other document except topersons whose ordinary activities involve them in acquiring, holding, managing ordisposing of investments (as principal or agent) for the purposes of their business orotherwise in circumstances which have not resulted and will not result in any offer to thepublic in the United Kingdom within the meaning of the Public Offers of SecuritiesRegulations 1995 of the United Kingdom.It is only intended that investment professionals (within the Financial Services and MarketsAct 2000 (Financial Promotion Order) 2001) and any other persons who may law<strong>full</strong>yparticipate in the rights offer, do so. No other person should seek to participate in the rightsoffer or rely on this <strong>circular</strong>. Persons distributing this <strong>circular</strong> must satisfy themselves that itis lawful to do so.22

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