investments of the Issuer or the Company, is appropriate to the particular investment
objectives, financial situations or needs of a prospective investor, and nothing in this
announcement should be construed as constituting the canvassing for, or marketing or
advertising of, financial services in South Africa. Neither the Issuer nor the Company is a
financial services provider licensed as such under the FAIS Act and the Issuer and/or
Company’s advisors are acting for the Issuer and/or Company (as the case may be) only
in respect of the transaction and none of the Issuer, the Company, any of their respective
advisors, any of the joint lead managers or any of their respective affiliates, or any person
acting on behalf of the joint lead managers or any of their respective affiliates, is giving or
purporting to have given any financial advice as contemplated in the FAIS Act to any
bondholder or investor.
Any decision to purchase any of the securities should only be made on the basis of an
independent review by a prospective investor of the Issuer’s and the Company’s publicly
available information. None of the joint lead managers, any of their respective affiliates nor
any of their or their respective affiliates accept any responsibility or liability whatsoever for,
or make any representation or warranty, express or implied, as to the truth, accuracy or
completeness of, of the information in this announcement (or whether any information has
been omitted from this announcement) or the Issuer’s and the Company’s publicly
available information or for any loss howsoever arising from the use of this announcement
or its contents or otherwise arising in connection therewith. The information contained in
this announcement is subject to change in its entirety without notice up to the closing date.
Neither the joint lead managers nor any of their respective affiliates shall be responsible
for, or for investigating, any matter which is the subject of any statement, representation,
warranty or covenant of the Issuer or the Company contained in the Convertible Bonds or
the guarantee, or any other agreement or document relating to the Convertible Bonds or
the guarantee, or for the execution, legality, effectiveness, adequacy, genuineness,
validity, enforceability or admissibility in evidence thereof.
Each prospective investor should proceed on the assumption that it must bear the
economic risk of an investment in the Convertible Bonds or the ordinary shares to be
issued or transferred and delivered upon conversion of the Convertible Bonds and
notionally underlying the convertible bonds. None of the Issuer, the Company or the joint
lead managers make any representation as to (i) the suitability of the securities for any
particular investor, (ii) the appropriate accounting treatment and potential tax
consequences of investing in the securities or (iii) the future performance of the securities
either in absolute terms or relative to competing investments.
The joint lead managers are acting on behalf of the Issuer and the Company and no one
else in connection with the Convertible Bonds and will not be responsible to any other
person for providing the protections afforded to clients of the joint lead managers or for
providing advice in relation to the securities.
The joint lead managers are full service financial institutions engaged in various activities,
which may include securities trading, commercial and investment banking, financial
advisory, investment management, principal investment, hedging, financing and brokerage
activities. The joint lead managers and their respective affiliates have in the past
performed commercial banking, investment banking and advisory services for the
Company and its group from time to time for which they have received customary fees and
reimbursement of expenses and may, from time to time, engage in transactions with and