The Next Step Section 12Terms and ConditionsPersons interested in this <strong>Investments</strong>hould refer to the enclosedapplication form. This application formmust be completed and returned,with payment, immediately to theCompany.A receipt for same shall be issued<strong>Investor</strong> Checklistimmediately and the investor’s nameand share holding entered in theCompany’s register at the earliestpossible opportunity.Phase 1 of this opportunity isscheduled to close to new investorson May 1st, 2008. Further phasesare currently scheduled to close asfollows: -Phase 2 - July 1st 2008, Phase 3 -October 1st 2008, Phase 4 - January1st 2009 and Phase 5 - April 1st 2009.Participations begin at € 50,000, andmultiples of € 10,000 thereafter.Prior to submitting the application form, please ensure the following checklist has been adhered to.a ) Complete the Application Formb ) Make cheques payable to “<strong>EPI</strong> 4 <strong>Investor</strong> <strong>plc</strong>”.c ) Cross the cheque “not negotiable” or make transfer to account:<strong>EPI</strong> 4 <strong>Investor</strong> <strong>plc</strong>, Bank of Ireland, 94 O’Connell Street, Limerick.Account Nr.: 86519451 IBAN: IE 54 BOFI 9043 1786519451Sorting Code: 90 - 43 - 17 BIC BOFIIE2DIndividuals1. Completed Application Form ( enclosed )2. Properly completed cheque made payable to “<strong>EPI</strong> 4 <strong>Investor</strong> <strong>plc</strong>” or bank transfer to above account3. Copy of Passport4. Certified copies of two original utility bills or bank statements not more than 3 months oldCompanies1. Completed Application Form ( enclosed )2. Properly completed cheque or bank transfer3. A copy of the Certificate of Incorporation4. A copy of the Memorandum and Articles of Association5. A list of directors names and addresses6. In the case of a Holding Company, please enclose a list of shareholders holding 10 % or more of the issuedshare capital, or, in the case of a Nominee Company, the company secretary and ultimate shareholdersshould be identified.7. VAT registration number8. If the cheque is signed by a company officer other than either a director or company secretary, then pleaseprovide the following:• copy of photo ID ( Passport/Drivers License )• PPS numberEach application, which will beirrevocable, should be made on theapplication form provided and beforwarded to:<strong>EPI</strong> 4 <strong>Investor</strong> <strong>plc</strong>,6th Floor, Riverpoint,Bishop’s Quay, Limerick, Ireland.Applications must be for a minimuminvestment of € 50,000 and multiplesof € 10,000 thereafter.Cheques and drafts must be madepayable to <strong>EPI</strong> 4 <strong>Investor</strong> <strong>plc</strong> or bybank transfer to the Account:Please write “4 th <strong>EPI</strong> Investment” asreason for transfer.All cheques and drafts will be presentedfor payment on receipt and the right isreserved to retain investment and anysurplus application monies, pendingclearance of applicant’s cheques andbanker’s drafts.Completion and delivery of anapplication form, accompanied bya cheque or draft, will constitute arepresentation that such a chequewill be honoured on the firstpresentation thereof.If any application is not accepted,the amount paid will be returned bycheque. The right is reserved to reject,without reason, any application or toaccept any application in part only. Ifany application is accepted for a lesseramount than the amount applied for,the balance of the amount paid willbe returned by cheque. All cheques,certificates and other documents willbe dispatched by post at the risk ofthe persons entitled thereto.In the event that this offering isoversubscribed, <strong>Investments</strong> willbe allocated on a first come firstserved basis.The Company reserves the right toalter the closing date for any or allof the phases of the Investment atits discretion.I / We hereby acknowledge that I / wehave received and considered theInformation Memorandum and inparticular, the Important Notice at thestart of the Information Memorandumand the Risk Factors in Section 11.I / We confirm that I have reviewed theInformation Memorandum relating tothe Company and this application ismade subject to the provisions of theInformation Memorandum.I / We acknowledge the terms ofthe Loan Notes to be issued by theCompany to me / us and the provisionsin respect to repayment thereof.I / We am / are not relying uponany information, representation orwarranty by the Company or thePromoter and I /we have consultedto the extent that I / we considerappropriate with my / our ownadvisers as to the financial, legal, taxand related matters concerning theInvestment and on that basis believethat such Investment is suitable andappropriate for me / us.I / We confirm that I am / we are 18years of age or over and I / we havethe authority to make the Investmentpursuant to this Application Formwhether this Investment is in my / ourown name or is made on behalf ofanother person or institution.I / We have made arrangements forpayment to be made by cheque, bankdraft or bank transfer for subscriptionsand acknowledge that the Companyreserves the right to reject anyapplication in whole or part withoutassigning any reason.I / We agree to provide the Companywith any additional documentationthat they may require to verify my / ouridentity in accordance with currentanti - money laundering legislation.I / We acknowledge that any delayby me / us in providing suchdocumentation may result in delayedprocessing of my / our applicationand / or delayed payment of any futureredemption payments to me / us orprocessing of share transfer requestson my / our behalf.I / We hereby hold the Company, thePromoter and <strong>EPI</strong> 4 Promotor Limitedharmless and indemnify them againstany loss arising as a result of a failureto process the application if suchinformation has been required andhas not been provided by me / us.I / We also warrant and declare that themonies being invested pursuant to thisapplication do not represent directlyor indirectly the proceeds of anycriminal activity and the Investmentis not designed to conceal suchproceeds so as to avoid prosecutionfor an offence or otherwise.I / We hereby agree to indemnifyand hold harmless each of theCompany, the Promoter and<strong>EPI</strong> 4 Promotor Limited and theirrespective directors, officersand employees against any loss,liability, cost or expense ( includingwithout limitation legal fees, taxesand penalties ) which may resultdirectly or indirectly from anymisrepresentation or breach of anywarranty, condition, covenant oragreement set forth herein or inany document delivered by me / usto any of them and shall notify theCompany immediately if any of therepresentations herein made are nolonger accurate and complete in all respects.I / We agree to provide to the Company at suchtimes as it may request such declarations,certificates or documents as it may reasonablyrequire in connection with this Investment.Should any information furnished to it becomeinaccurate or incomplete in any way, I / we herebyagree to notify the Company immediately of anysuch change.I / We hereby acknowledge that any notice ordocument may be served by the Company onme / us in the manner specified from time totime in the Information Memorandum and, forthe purposes of the Electronic Commerce Act2000, if I have provided an Email address or Faxnumber to the Company, consent to any suchnotice or document being sent to me / us byFax or electronically to the Fax number or Emailaddress previously identified to the Companyor its delegate which I / we acknowledgeconstitutes effective receipt by me / us of therelevant notice or document.I / We acknowledge that I / we are not obligedto accept electronic communication andmay at any time choose to revoke my / ouragreement to receive communications by Faxor electronically by notifying the Companyin writing at the above address provided thatmy / our agreement to receive communicationsby Fax or electronically shall remain in full forceand effect pending receipt by the Company ofwritten notice of such revocation.I / We have such knowledge and experience inbusiness and financial matters that I / we am / arecapable of evaluating the merits and risks ofan Investment by me / us in the Company ( forcorporate applicants only ).I / We confirm that the persons listed on theattached authorised signatories list and whosespecimen signatures appear on that list are dulyauthorised to give instructions with respect toshares held by us in the Company.I / We declare that this application is irrevocableby me / us for a period of 6 months from thedate hereof.I / We hereby certify that I am / we are aware of the risk involved inthis Investment and of the fact that inherent in such Investment isthe potential to lose all the sum invested.I / We confirm that the Company, the Promoter and <strong>EPI</strong> 4 PromotorLimited may rely on the terms and conditions set out in thisapplication form.Data Protection / Information about InvestmentServicesIn signing this application form, I / we acknowledge that theCompany is a data controller and hereby consent to the Companyand their respective delegates and duly authorised agents obtaining,holding, using, disclosing and processing data:I. To establish my / our identity and manage and administermy / our holding in the Company and any related accounts onan on - going basis;II.III.IV.For any other specific purposes where I / we have given specificconsent to do so;To carry out statistical analysis and market research;To comply with legal or regulatory requirements applicable tothe company of the Promoter or <strong>EPI</strong> Promotor 4 Limited or anyof them or applicable to me / usV. For disclosure or transfer whether in Ireland or any othercountries which may not have the same data protection laws asIreland, to third parties including my financial advisor ( whereappropriate ), regulatory bodies, the tax authorities in Ireland,auditors, technology providers for the purposes specifiedabove,andVI.For other legitimate business interests of the Company.I hereby acknowledge my / our right of access to and the right torectify my / our personal data.I / We consent to the sending by the Company of information aboutother investment services to me / us, by letter, telephone or otherreasonable means of communication.Please tick this box if you do not wishto receive such communications:I / We acknowledge my / our right to object to the processing ofmy / our data for direct marketing purposes by written request tothe Company free of charge.36 37
Application Form Part 1Application FormPart 2Please send completed Application Form pages 37 - 38 to:<strong>EPI</strong> 4 <strong>Investor</strong> <strong>plc</strong>, 6th Floor Riverpoint, Bishop’s Quay, LimerickTO: <strong>EPI</strong> 4 <strong>Investor</strong> <strong>plc</strong>I / We hereby apply to invest: €( amount in words )FOR INDIVIDUAL APPLICANTS<strong>EPI</strong> 4 <strong>Investor</strong> <strong>plc</strong>1. Signed, sealed and deliveredbyFirst Applicant in the presence of:Name of Witness:in accordance with and on the terms of and subject to conditions of this application form in respect of the Investmentreferred to in the Information Memorandum dated 17 - 03- 2008.(Block Capitals Please)Signature:Occupation:Individual( s ) / Company:Mr / Mrs / Ms: ( As on Passport )Passport Number:PPS Number:Date Of Birth:2. Signed, sealed and deliveredbyAdditional Applicant in the presence of:Name of Witness:Signature:Occupation:Mr / Mrs / Ms:Passport Number:FOR CORPORATE APPLICANTSPresent when Common SealPPS Number:Date Of Birth:Maiden Name:Insert Company Name(Limited ) was affixed heretoHome / Registered Address:Contact Telephone Number:Signed by:DirectorandDirector / SecretaryContact Name:Email:Company Registration Number:Please send completed Application Form pages 37 - 38 to:<strong>EPI</strong> 4 <strong>Investor</strong> <strong>plc</strong>, 6th Floor Riverpoint, Bishop’s Quay, Limerick38