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Articles of Association PDF - Anglo American

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21 Power to differentiate between holdersThe Directors may on the allotment <strong>of</strong> shares differentiate between the holders as to theamount <strong>of</strong> calls to be paid and the times <strong>of</strong> payment.22 Payment <strong>of</strong> calls in advanceThe Directors may if they think fit receive from any member willing to advance the sameall or any part <strong>of</strong> the moneys (whether on account <strong>of</strong> the nominal value <strong>of</strong> the shares or byway <strong>of</strong> premium) uncalled and unpaid upon the shares held by him and such payment inadvance <strong>of</strong> calls shall extinguish pro tanto the liability upon the shares in respect <strong>of</strong> whichit is made and upon the money so received (until and to the extent that the same would butfor such advance become payable) the Company may pay interest at such rate as themember paying such sum and the Directors may agree.23 Notice on failure to pay a callFORFEITURE AND LIEN23.1 If a member fails to pay in full any call or instalment <strong>of</strong> a call on or before the due date forpayment there<strong>of</strong>, the Directors may at any time thereafter serve a notice on him requiringpayment <strong>of</strong> so much <strong>of</strong> the call or instalment as is unpaid together with any interest whichmay have accrued thereon and any expenses incurred by the Company by reason <strong>of</strong> suchnon-payment.23.2 The notice shall name a further day (not being less than seven days from the date <strong>of</strong> service<strong>of</strong> the notice) on or before which and the place where the payment required by the notice isto be made, and shall state that in the event <strong>of</strong> non-payment in accordance therewith theshares on which the call has been made will be liable to be forfeited.24 Forfeiture for non-complianceIf the requirements <strong>of</strong> any such notice as aforesaid are not complied with, any share inrespect <strong>of</strong> which such notice has been given may at any time thereafter, before payment <strong>of</strong>all calls and interest and expenses due in respect there<strong>of</strong> has been made, be forfeited by aresolution <strong>of</strong> the Directors to that effect. Such forfeiture shall include all dividendsdeclared in respect <strong>of</strong> the forfeited share and not actually paid before forfeiture. TheDirectors may accept a surrender <strong>of</strong> any share liable to be forfeited hereunder.25 Disposal <strong>of</strong> forfeited sharesA share so forfeited or surrendered shall become the property <strong>of</strong> the Company and may besold, re-allotted or otherwise disposed <strong>of</strong> either to the person who was before suchforfeiture or surrender the holder there<strong>of</strong> or entitled thereto or to any other person uponsuch terms and in such manner as the Directors shall think fit and at any time before a sale,re-allotment or disposal the forfeiture or surrender may be cancelled on such terms as theDirectors think fit. The Directors may, if necessary, authorise some person to transfer aforfeited or surrendered share to any such other person as aforesaid.26 Holder to remain liable despite forfeitureA09099335/0.6/04 Mar 2008 - 10 -

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