Common use of Selection Notice Clause in Contracts

Selection Notice. From: [Borrower] / [Parent] To: [Agent] 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Facility [A]/[B]/[C] Loan[s] in [identify currency] with an Interest Period ending on [________].* 3. [We request that the above Facility [A]/[B]/[C] Loan[s] be divided into [________] Facility [A]/[B]/[C] Loans with the following Base Currency Amounts and Interest Periods:]** [We request that the next Interest Period for the above Facility [A]/[B]/[C] Loan[s] is [________]].*** 4. [We request that the above Facility C Loan[s] [is]/[are] [denominated in the same currency for the next Interest Period]/[denominated in the following currencies: [ ]. As this results in a change of currency we confirm that each condition specified in Clause 4.2 (Further conditions precedent) of the Agreement is satisfied on the date of this Selection Notice. The proceeds of any change in currency should be credited to [account]].] **** 5. This Selection Notice is irrevocable. authorised signatory for [the Parent on behalf of] [name of relevant ▇▇▇▇▇▇▇▇] * Insert details of all Loans in the same currency which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. *** Use this option if sub-division is not required. *** Delete this option unless in relation to Facility C. Form of Transfer Certificate2 To: [________] as Agent From: [The Existing Lender] (the "Existing Lender") and [The New Lender] (the "New Lender")

Selection Notice. From: [Borrower] / [Parent] To: ▇.▇. ▇▇▇▇▇▇ Europe Limited Dated: Dear Sirs Gold Fields Limited - Dual Currency Facility Agreement dated [Agent]•] February 2006 (the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Facility [A]/[B]/[C] Loan[s] in [identify currency] with an Interest Period ending on [________[ ]*.* 3. [We request that the above Facility [A]/[B]/[C] Loan[s] be divided into [________] Facility [A]/[B]/[C[ ] Loans with the following Base Currency Amounts and Interest Periods:]:] ** [We request that the next Interest Period for the above Facility [A]/[B]/[C] Loan[s] is [________[ ]].*** 4. [We request that the above Facility C Loan[s] [is]/[are] [denominated in the same currency for the next Interest Period]/[denominated in the following currencies: [ ][•] currency. As this results in a change of currency we confirm that each condition specified in Clause 4.2 (Further conditions precedent) of the Agreement is satisfied on the date of this Selection Notice. The proceeds of any change in currency should be credited to [account].].] **** 5. This Selection Notice is irrevocable. authorised signatory for [the Parent on behalf of] [name of relevant ▇▇▇▇▇▇▇▇] * Insert details of all Loans in the same currency which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 1. *** Use this option if sub-division The Mandatory Cost is not requiredan addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. *** Delete this option unless in relation to Facility C. Form On the first day of Transfer Certificate2 To: [________] each Interest Period (or as soon as possible thereafter) the Agent From: [The Existing Lender] shall calculate, as a percentage rate, a rate (the "Existing “Additional Cost Rate”) for each Lender", in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Agent as a weighted average of the Lenders’ Additional Cost Rates (weighted in proportion to the percentage participation of each Lender in the relevant Loan) and [will be expressed as a percentage rate per annum. 3. The New Additional Cost Rate for any Lender lending from a Facility Office in a Participating Member State will be the percentage notified by that Lender to the Agent. This percentage will be certified by that Lender in its notice to the Agent to be its reasonable determination of the cost (expressed as a percentage of that Lender] (’s participation in all Loans made from that Facility Office) of complying with the "New Lender")minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Lender lending from a Facility Office in the United Kingdom will be calculated by the Agent as follows: E´0.01 per cent. per annum. Where:

Selection Notice. From: [Borrower] / [Parent] ]* To: [Facility Agent]] Dated: Dear Sirs 1. We refer to the Facilities Agreement. This is a Selection Notice. Terms defined in the Facilities Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Facility [A]/[B]/[C] Loan[s] in [identify currency] with an Interest Period ending on [________[ ]**.* 3. [We request that the above Facility [A]/[B]/[C] Loan[s] be divided into [________] Facility [A]/[B]/[C[ ] Loans in the following amounts and with the following Base Currency Amounts and Interest Periods:]*** or [We request that the next Interest Period for the above Facility [A]/[B]/[C] Loan[s] is [________[ ]].**** 4. [We request that the above Facility C Loan[s] [is]/[are] [denominated in the same currency for the next Interest Period]/[denominated in the following currencies: [ ]. As this results in a change of currency we confirm that each condition specified in Clause 4.2 (Further conditions precedent) of the Agreement is satisfied on the date of this Selection Notice. The proceeds of any change in currency should be credited to [account]].] **** 5. This Selection Notice is irrevocable. Yours faithfully authorised signatory for [the Parent on behalf of] [insert name of relevant ▇▇▇▇▇▇▇▇Borrower] ***** NOTES: * Amend as appropriate. ** Insert details of all Term Facility Loans in for the same currency relevant Facility which have an Interest Period ending on the same date. *** Use this option if division of Loans is requested. **** Use this option if sub-division is not required. *** Use this option if sub-division is not required. *** Delete this option unless in relation to Facility C. Form of Transfer Certificate2 Amend as appropriate. To: [________[ ] as Facility Agent From: [The Existing Lender] (the "Existing Lender") and [The New Lender] (the "New Lender") Dated: 1. We refer to the Facilities Agreement. This is a Transfer Certificate. Terms defined in the Facilities Agreement have the same meaning in this Transfer Certificate unless given a different meaning in this Transfer Certificate. 2. We refer to Clause 27.6 (Procedure for transfer) of the Facilities Agreement: (a) The Existing Lender and the New Lender agree to the Existing Lender transferring to the New Lender by novation all or part of the Existing Lender’s Commitment, rights and obligations referred to in the Schedule in accordance with Clause 27.6 (Procedure for transfer). (b) The proposed Transfer Date is [ ]. (c) The Facility Office and address, fax number and attention details for notices of the New Lender for the purposes of Clause 33.2 (Addresses) are set out in the Schedule. 3. The New Lender expressly acknowledges the limitations on the Existing Lender’s obligations set out in paragraph (c) of Clause 27.4 (

Selection Notice. From: [Borrower] / [Parent] To: [Facility Agent]] Dated: Dear Sirs Xstrata (Schweiz) AG - $3,500,000,000 Dual Currency Term Loan Facilities Agreement dated [ ] (the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Facility [A]/[B]/[C] Loan[s] in [identify currency] with an Interest Period ending on [________[ ].* 3. [We request that the above Facility [A]/[B]/[C] Loan[s] be divided into [________] Facility [A]/[B]/[C[ ] Loans with the following Base Currency Amounts and Interest Periods:]** [We request that the next Interest Period for the above Facility [A]/[B]/[C] Loan[s] is [________[ ]].*** 4. [We request that the above Facility C Loan[s] [is]/[are] [denominated in the same currency for the next Interest Period]/[denominated in the following currencies: [ [US$/Canadian Dollars]. As this results in a change of currency we confirm that each condition specified in Clause 4.2 (Further conditions precedent) of the Agreement is satisfied on the date of this Selection Notice. The proceeds of any change in currency should be credited to [account]].] ****. 5. This Selection Notice is irrevocable. authorised signatory for [the Parent on behalf of] [name of relevant ▇▇▇▇▇▇▇▇] Xstrata (Schweiz) AG * Insert details of all Loans in the same currency which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. *** Use this option if sub-division is not required. *** Delete this option unless in relation to Facility C. Form of Transfer Certificate2 To: [________] as Agent From: [The Existing Lender] (the "Existing Lender") and [The New Lender] (the "New Lender")LD885224/26

Selection Notice. From: [Borrower] / [Parent] To: [Facility Agent]] Dated: Dear Sirs Xstrata (Schweiz) AG — $2,500,000,000 Dual Currency Term Loan Facilities Agreement dated [ ] (the "Agreement") 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Facility [A]/[B]/[C] Loan[s] in [identify currency] with an Interest Period ending on [________[ ].* 3. [We request that the above Facility [A]/[B]/[C] Loan[s] be divided into [________] Facility [A]/[B]/[C[ ] Loans with the following Base Currency Amounts and Interest Periods:]** or [We request that the next Interest Period for the above Facility [A]/[B]/[C] Loan[s] is [________[ ]].*** 4. [We request that the above Facility C Loan[s] [is]/[areis]/ [are] [denominated in the same currency for the next Interest Period]/[denominated in the following currencies: [ [US$/Canadian Dollars]. As this results in a change of currency we confirm that each condition specified in Clause 4.2 (Further conditions precedent) of the Agreement is satisfied on the date of this Selection Notice. The proceeds of any change in currency should be credited to [account].].] **** 5. This Selection Notice is irrevocable. authorised signatory for [the Parent on behalf of] [name of relevant ▇▇▇▇▇▇▇▇] * Insert details of all Loans in the same currency which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 1. *** Use this option if sub-division The Mandatory Cost is not requiredan addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. *** Delete this option unless in relation to On the first day of each Interest Period (or as soon as possible thereafter) the Facility C. Form of Transfer Certificate2 To: [________] Agent shall calculate, as Agent From: [The Existing Lender] a percentage rate, a rate (the "Existing LenderAdditional Cost Rate") for each Lender, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Facility Agent as a weighted average of the Lenders' Additional Cost Rates (weighted in proportion to the percentage participation of each Lender in the relevant Loan) and [will be expressed as a percentage rate per annum. 3. The New Additional Cost Rate for any Lender lending from a Facility Office in a Participating Member State will be the percentage notified by that Lender to the Facility Agent. This percentage will be certified by that Lender in its notice to the Facility Agent to be its reasonable determination of the cost (expressed as a percentage of that Lender] 's participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Lender lending from a Facility Office in the United Kingdom will be calculated by the Facility Agent as follows: E × 0.01 300 per cent. per annum. Where: E is designed to compensate Lenders for amounts payable under the Fees Rules and is calculated by the Facility Agent as being the average of the rates of charge supplied by the Reference Banks (or those of the "New Lender")Reference Banks as supply a rate to the Facility Agent) to the Facility Agent pursuant to paragraph 7 below and expressed in pounds per £1,000,000. 5. For the purposes of this Schedule:

Selection Notice. From: [Borrower] / [Parent] Xstrata (Schweiz) AG To: [Facility Agent]] Dated: Dear Sirs Xstrata (Schweiz) AG - $7,000,000,000 Loan Facility Agreement dated [ ] (the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Facility [A]/[B]/[C] Loan[s] in [identify currency] with an Interest Period ending on [________[ ].* 3. [We request that the above Facility [A]/[B]/[C] Loan[s] be divided into [________] Facility [A]/[B]/[C[ ] Loans with the following Base Currency Amounts and Interest Periods:]** [We request that the next Interest Period for the above Facility [A]/[B]/[C] Loan[s] is [________[ ]].*** 4. [We request that the above Facility C Loan[s] [is]/[are] [denominated in the same currency for the next Interest Period]/[denominated in the following currencies: [ ]. As this results in a change of currency we confirm that each condition specified in Clause 4.2 (Further conditions precedent) of the Agreement is satisfied on the date of this Selection Notice. The proceeds of any change in currency should be credited to [account].].] **** 5. This Selection Notice is irrevocable. authorised signatory for [the Parent on behalf of] [name of relevant ▇▇▇▇▇▇▇▇] * Insert details of all Loans in the same currency which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 1. *** Use this option if sub-division The Mandatory Cost is not requiredan addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. *** Delete this option unless in relation to On the first day of each Interest Period (or as soon as possible thereafter) the Facility C. Form of Transfer Certificate2 To: [________] Agent shall calculate, as Agent From: [The Existing Lender] a percentage rate, a rate (the "Existing “Additional Cost Rate”) for each Lender", in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Facility Agent as a weighted average of the Lenders’ Additional Cost Rates (weighted in proportion to the percentage participation of each Lender in the relevant Loan) and [will be expressed as a percentage rate per annum. 3. The New Additional Cost Rate for any Lender lending from a Facility Office in a Participating Member State will be the percentage notified by that Lender to the Facility Agent. This percentage will be certified by that Lender in its notice to the Facility Agent to be its reasonable determination of the cost (expressed as a percentage of that Lender] (’s participation in all Loans made from that Facility Office) of complying with the "New Lender")minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Lender lending from a Facility Office in the United Kingdom will be calculated by the Facility Agent as follows: E x 0.01 per cent. per annum. Where:

Selection Notice. Applicable to a Facility A Loan or Facility B Loan From: [Borrower] / [Parent] To: [Agent]] Dated: Dear Sirs Sodexho Alliance, S.A. - (Euro) 1,720,000,000 and US$1,080,000,000 Facility Agreement dated [________] April 2001 (the "Facility Agreement") 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following [Facility [A]/[B]/[C] A1 Loan[s]/Facility A2 Loan[s]/Facility B Loan[s]] in [identify currency] with an Interest Period ending on [___________________].* 32. [We request that the above [Facility [A]/[B]/[C] A Loan[s]/Facility B Loan[s]] be divided into [___________________] [Facility [A]/[B]/[CA1 Loans/Facility A2 Loan[s]/Facility B Loan[s]] Loans with the following Base Currency Amounts and Interest Periods:]** or [We request that the next Interest Period for the above [Facility [A]/[B]/[C] A Loan[s]/Facility A2 Loan[s]/Facility B Loan[s]] is [___________________]].*** 4. [We request that the above Facility C Loan[s] [is]/[are] [denominated in the same currency for the next Interest Period]/[denominated in the following currencies: [ ]. As this results in a change of currency we confirm that each condition specified in Clause 4.2 (Further conditions precedent) of the Agreement is satisfied on the date of this Selection Notice. The proceeds of any change in currency should be credited to [account]].] **** 53. This Selection Notice is irrevocable. Yours faithfully authorised signatory for [the Parent Company on behalf of] [name of relevant ▇▇▇▇▇▇▇▇Borrower] ________________________________________________________________________________ * Insert details of all Facility A Loans in the same currency which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. *** Use this option if sub-division is not required. *** Delete this option unless in relation to Facility C. Form of Transfer Certificate2 To: [________] as Agent From: [The Existing Lender] (the "Existing Lender") and [The New Lender] (the "New Lender").

Selection Notice. From: [Borrower] / [Parent] To: [Facility Agent]] Dated: Dear Sirs 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Facility [A]/[B]/[C] Loan[s] in [identify currency] with an Interest Period ending on [________[ ].* 3. [We request that the above Facility [A]/[B]/[C] Loan[s] be divided into [________] Facility [A]/[B]/[C[ ] Loans with the following Base Currency Amounts and Interest Periods:]** or [We request that the next Interest Period for the above Facility [A]/[B]/[C] Loan[s] is [________[ ]].*** 4. [We request that the above Facility C Loan[s] [is]/[areis]/ [are] [denominated in the same currency for the next Interest Period]/[denominated in the following currencies: [ [US$/Canadian Dollars]. As this results in a change of currency we confirm that each condition specified in Clause 4.2 (Further conditions precedent) of the Agreement is satisfied on the date of this Selection Notice. The proceeds of any change in currency should be credited to [account].].] **** 5. This Selection Notice is irrevocable. authorised signatory for [the Parent on behalf of] [name of relevant ▇▇▇▇▇▇▇▇] * Insert details of all Loans in the same currency which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 1. *** Use this option if sub-division The Mandatory Cost is not requiredan addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. *** Delete this option unless in relation to On the first day of each Interest Period (or as soon as possible thereafter) the Facility C. Form of Transfer Certificate2 To: [________] Agent shall calculate, as Agent From: [The Existing Lender] a percentage rate, a rate (the "Existing LenderAdditional Cost Rate") for each Lender, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Facility Agent as a weighted average of the Lenders' Additional Cost Rates (weighted in proportion to the percentage participation of each Lender in the relevant Loan) and [will be expressed as a percentage rate per annum. 3. The New Additional Cost Rate for any Lender lending from a Facility Office in a Participating Member State will be the percentage notified by that Lender to the Facility Agent. This percentage will be certified by that Lender in its notice to the Facility Agent to be its reasonable determination of the cost (expressed as a percentage of that Lender] 's participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Lender lending from a Facility Office in the United Kingdom will be calculated by the Facility Agent as follows: E × 0.01 300 per cent. per annum. Where: E is designed to compensate Lenders for amounts payable under the Fees Rules and is calculated by the Facility Agent as being the average of the rates of charge supplied by the Reference Banks (or those of the "New Lender")Reference Banks as supply a rate to the Facility Agent) to the Facility Agent pursuant to paragraph 7 below and expressed in pounds per £1,000,000. 5. For the purposes of this Schedule:

Selection Notice. From: Applicable to a Term Loan [BorrowerSunPower Philippines Manufacturing Ltd] / [ParentMaxeon Solar Technologies, Pte. Ltd.] To: [Agent]– Common Terms Agreement dated [ ] (the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement shall have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Facility [A]/[B]/[C] Loan[s] in [identify currency] with an Interest Period ending on [________[ ].* 3. [We request that the above Facility [A]/[B]/[C] Loan[s] be divided into [________] Facility [A]/[B]/[C[ ] Loans with the following Base Currency Amounts amounts and Interest Periods:]** [We request that the next Interest Period for the above Facility [A]/[B]/[C] Loan[s] is [________[ ]].*** 4. [We request that the above Facility C Loan[s] [is]/[are] [denominated in the same currency for the next Interest Period]/[denominated in the following currencies: [ ]. As this results in a change of currency we confirm that each condition specified in Clause 4.2 (Further conditions precedent) of the Agreement is satisfied on the date of this Selection Notice. The proceeds of any change in currency should be credited to [account]].] **** 5. This Selection Notice is irrevocable. authorised signatory for [the Parent on behalf of] [name of relevant ▇▇▇▇▇▇▇▇] * * Insert details of all the SP Philippines Facility Loans in the same currency / Maxeon Term Facility Loans which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 4. *** Use this option if sub-division This Selection Notice is not requiredirrevocable. *** Delete this option unless in relation to Facility C. Form [name of Transfer Certificate2 relevant Borrower] To: [________[ ] as Facility Agent From: [The the Existing Lender] (the "“Existing Lender"”) and [The the New Lender] (the "“New Lender")”) Dated: 1. We refer to Clause 21.5 (Procedure for transfer) of the Agreement. This is a Transfer Certificate. Terms used in the Agreement shall have the same meaning in this Transfer Certificate. 2. The Existing Lender and the New Lender agree to the Existing Lender transferring to the New Lender by novation, and in accordance with Clause 21.5 (Procedure for transfer) of the Facility Agreement, all of the Existing Lender’s rights and obligations under the Agreement and the other Finance Documents which relate to that portion of the Existing Lender’s Commitment(s) and participations in Loans under the Agreement as specified in the Schedule. 3. The proposed Transfer Date is [ ]. 4. The Facility Office and address, fax number and attention particulars for notices of the New Lender for the purposes of Clause 27.2 (Addresses) of the Agreement are set out in the Schedule. 5. The New Lender expressly acknowledges: (a) the limitations on the Existing Lender’s obligations set out in paragraphs (a) and (c) of Clause 21.4 (Limitation of responsibility of Existing Lenders) of the Facility Agreement; and (b) that it is the responsibility of the New Lender to ascertain whether any document is required or any formality or other condition requires to be satisfied to effect or perfect the transfer contemplated by this Transfer Certificate or otherwise to enable the New Lender to enjoy the full benefit of each Finance Document. 6. The New Lender confirms that it is a “New Lender” within the meaning of Clause 21.1 (Assignments and transfers by the Lenders) of the Facility Agreement. 7. The Existing Lender and the New Lender confirm that the New Lender is not an Obligor or an Affiliate of an Obligor. 8. This Transfer Certificate may be executed in any number of counterparts and this has the same effect as if the signatures on the counterparts were on a single copy of this Transfer Certificate. 9. This Transfer Certificate and all non-contractual obligations arising out of or in connection with this Transfer Certificate are governed by English law. 10. This Transfer Certificate has been entered into on the date stated at the beginning of this Transfer Certificate. [Insert relevant details] [the Existing Lender] [the New Lender] By: By: This Transfer Certificate is executed by the relevant Facility Agent and the Intercreditor Agent and the Transfer Date is confirmed as [ ]. By: By: