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Download full circular PDF - Anglo American Platinum

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Persons located in the United Kingdom that satisfy such requirements will be able toexercise their rights under the rights offer provided that any such person, by subscribingfor all or some of their rights and entitlements to new preference shares, will be deemed torepresent, warrant, agree and confirm that such person is:(a) a person whose ordinary activities involve acquiring, holding, managing or disposingof investments (as principal or agent) for the purpose of the person’s business orotherwise in circumstances which have not resulted and will not result in any offer tothe public in the United Kingdom within the meaning of the Public Offers of SecuritiesRegulations 1995 of the United Kingdom; and(b) an investment professional (within the Financial Services and Markets Act 2000(Financial Promotion Order) 2001 of the United Kingdom) or any other person who maylaw<strong>full</strong>y participate in the rights offer.Persons law<strong>full</strong>y entitled to participate in the rights offer must contact the UK transfersecretaries in order to arrange for receipt of the form of instruction.4.13.3 United States, Canada, Australia and the Republic of IrelandThis <strong>circular</strong> will not be sent and should not be forwarded to holders of shares withregistered addresses in, and the letters of allocation and preference shares may not betransferred, sold or delivered in or into any of the United States, Canada, Australia or theRepublic of Ireland.The letters of allocation and the preference shares being offered in the rights offer have notbeen and will not be registered under the Securities Act or with any security regulatoryauthority of any state or other jurisdiction in the United States or Canada and, subject tocertain exceptions, may not be offered or sold within the United States or Canada.In addition, due to restrictions under the securities laws of Australia and the Republic ofIreland no offer of the letters of allocation and the preference shares being offered in therights offer is being made under this <strong>circular</strong> to holders of shares with registered addressesin, or to residents of Australia or the Republic of Ireland.4.13.4 Sales of letters of allocation representing rights attributable to certainnon-South African shareholders4.14 JSE listingsNon-South African shareholders who are not able to take up their rights may be able toarrange for the sale on their behalf of letters of allocation in respect of their rights under therights offer.The attention of such shareholders or any person holding shares on their behalf is drawnto paragraph 4.9 above.Alternatively, the rights attributable to shareholders, who can be identified as not beingentitled to participate in the rights offer, will, if a premium can be obtained over theexpenses of sale, be sold on the JSE, for the benefit of such shareholders as soon aspracticable. However, if the net proceeds of sale in relation to any one holding amount toless than R100, they will be retained for the benefit of the Company.The rights of those shareholders who are not identifiable as such and who do not arrangefor their sale prior to the last day to trade letters of allocation will lapse, and they will not beentitled to any payment under the terms of the rights offer.The Listings Division of the JSE has granted a listing for:– 40 000 000 letters of allocation with effect from 09:00 on Monday, 3 May 2004, to the close ofbusiness on Friday, 21 May 2004 (both days inclusive); and– 40 000 000 preference shares with effect from 09:00 on Monday, 24 May 2004.The listing fees paid by <strong>Anglo</strong> <strong>Platinum</strong> to the JSE in respect of the 40 000 000 preference sharesamounted to R360 855.60, inclusive of VAT.23

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