Common use of Selection Notice Clause in Contracts

Selection Notice. APPLICABLE TO A TERM FACILITY LOAN From: [Borrower] [Company]* To: [Agent] Dated: Dear Sirs dated [ ] 2007 (the “Facilities Agreement”) 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 Term Facility Loan[s] with an Interest Period ending on [ ]**. 3. [We request that the above Term Facility Loan[s] be divided into [ ] Term Facility Loans with the following amounts and Interest Periods:]*** or [We request that the next Interest Period for the above Term Facility Loans is [ ]].**** 4. This Selection Notice is irrevocable. [the Company on behalf of] [insert name of Relevant Borrower] * NOTES: * Amend as appropriate. The Selection Notice can be given by a Borrower or the Company. ** Insert details of all Term Facility Loans for the relevant Facility which have an Interest Period ending on the same date. *** Use this option if division of Term Facility Loans is requested. **** Use this option if sub-division is not required. MANDATORY COST FORMULAE 1. The Mandatory Cost is an 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. On the first day of each Interest Period (or as soon as possible thereafter) the Agent shall calculate, as a percentage rate, a rate (the “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 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 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: (a) in relation to a sterling Loan: AB + C(B –D) + E x 0.01 per cent. per annum 100 – (A + C) (b) in relation to a Loan in any currency other than sterling: E x 0.01 per cent. per annum. Where:

Selection Notice. APPLICABLE TO A TERM FACILITY LOAN From: [Borrower] [Company]* To: [Agent] Dated: Dear Sirs dated SANOFI-SYNTHELABO - EUR 16,000,000,000 FACILITY AGREEMENT DATED [ ] 2007 (the “Facilities Agreement”THE " AGREEMENT") 1. We refer to the Facilities Agreement. This is a the 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 request that Interest Periods under Facility A Loans have a duration of [2/3/6] months as from the following Term Facility Loan[s] with an next Interest Period ending on [ ]**beginning immediately after the date of this Selection Notice until the Facility A Final Maturity Date. 3. [We request that the above Term Interest Periods under Facility Loan[sB Loans have a duration of [2/3/6] be divided into [ ] Term Facility Loans with the following amounts and Interest Periods:]*** or [We request that months as from the next Interest Period for beginning immediately after the above Term date of this Selection Notice until the Facility Loans is [ ]]B Final Maturity Date.**** 4. This Selection Notice is irrevocable. [Yours faithfully ..................................... authorised signatory for the Company on behalf of] [insert name of Relevant Borrower] * NOTES: * Amend as appropriate. The Selection Notice can be given by a Borrower or the Company. ** Insert details of all Term Facility Loans for the relevant Facility which have an Interest Period ending on the same date. *** Use this option if division of Term Facility Loans is requested. **** Use this option if sub-division is not required. SCHEDULE 4 MANDATORY COST FORMULAE 1. The Mandatory Cost is an 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. Mandatory Costs will be charged only if and to the extent that the applicable Lender certifies that such costs are effectively and commonly charged by that Lender to the vast majority of its customers in connection with facilities of similar size to the Facility. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Agent shall calculate, as a percentage rate, a rate (the “Additional Cost Rate”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 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 '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 Agent as follows: (a) in relation to a sterling Loan: AB + C(B –D) + E x 0.01 per cent. per annum 100 – (A + C) (b) in relation to a Loan in any currency other than sterling: E x 0.01 per cent. per annum. Where:

Selection Notice. APPLICABLE TO A From: Hindustan Zinc Limited To: ABN AMRO Bank N.V., as Agent Dated: [___________] 2005 Dear Sirs HINDUSTAN ZINC LIMITED - ONE HUNDRED AND TWENTY FIVE MILLION DOLLAR ($125,000,000) TERM FACILITY LOAN From: AGREEMENT DATED [Borrower___________] [Company]* To: [Agent] Dated: Dear Sirs dated [ ] 2007 JULY 2005 (the “Facilities Agreement”THE "AGREEMENT") 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 Term Facility Loan[s] Loan with an Interest Period ending on [ [___________]**. 3. [We request that the above Term Facility Loan[s] be divided into [ ] Term Facility Loans with the following amounts and Interest Periods:]*** or [We request that the next Interest Period for the above Term Facility Loans Loan is [ ][_____].**** 43. This Selection Notice is irrevocable. [the Company on behalf of] [insert name of Relevant Borrower] * NOTES: * Amend as appropriate. The Selection Notice can be given by a Borrower or the Company. ** Insert details of all Term Facility Loans Yours faithfully ---------------------------------------- authorised signatory for the relevant Facility which have an Interest Period ending on the same date. *** Use this option if division of Term Facility Loans is requested. **** Use this option if sub-division is not required. HINDUSTAN ZINC LIMITED SCHEDULE 4 MANDATORY COST FORMULAE 1. The Mandatory Cost is an 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, or any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Agent shall calculate, as a percentage rate, a rate (the “Additional Cost Rate”"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 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 '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 Agent as follows: (a) in relation to a sterling Loan: AB + C(B –D) + E x 0.01 per cent. per annum 100 – (A + C) (b) in relation to a Loan in any currency other than sterling: E x 0.01 per cent. per annum. Where:

Selection Notice. APPLICABLE TO A TERM FACILITY LOAN From: [Borrower] [Company]* BMS Omega Bermuda Holdings Finance Ltd. To: [Agent] Dated: The Royal Bank of Scotland plc Dear Sirs dated [ ] 2007 5 August 2005 (the “Facilities Agreement”) 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 Term Facility [Tranche A/Tranche B● ] Loan[s] with an Interest Period ending on [ ]*** . 3. [We request that the above Term Facility Loan[s] be divided into [ ] Term Facility Loans with the following amounts and Interest Periods:]**:] * * or [We request that the next Interest Period for the above Term Facility Loans Loan[s] is [ ]].*** ** 4. This Selection Notice is irrevocable. [Yours faithfully ..................................... authorised signatory for BMS Omega Bermuda Holdings Finance Ltd. _______________________ ● Only Loans under the Company on behalf of] [insert name of Relevant Borrower] * NOTES: * Amend as appropriate. The Selection Notice same Tranche can be given by the subject of a Borrower or the CompanySelection Notice. ** Insert details of all Term Facility Loans for the relevant Facility which have an Interest Period ending on the same date. *** Use this option if division of Term Facility Loans is requested. **** Use this option if sub-division is not required. MANDATORY COST FORMULAE. 1. The Mandatory Cost is an 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. On the first day of each Interest Period (or as soon as possible thereafter) the Agent shall calculate, as a percentage rate, a rate (the “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 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 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: (a) in relation to a sterling Loan: AB + C(B –D) + E x 0.01 per cent. per annum 100 – (A + C) (b) in relation to a Loan in any currency other than sterling: E x 0.01 per cent. per annum. 300 Where:

Selection Notice. APPLICABLE TO A TERM FACILITY LOAN From: [Borrower] [Company]* To: [Agent▇.▇. ▇▇▇▇▇▇ Europe Limited] Dated: Dear Sirs GFI Mining South Africa (Proprietary) Limited - US$1,800,000,000 Bridge Loan Facility Agreement dated [ [•] 2007 2006 (the “Facilities Agreement”) 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 Term Facility Loan[s] Loans with an Interest Period ending on [ ]**. 3. [We request that the above Term Facility Loan[s] Loans be divided into [ ] Term Facility Loans with of the following amounts and with the following Interest Periods:]*** or [We request that the next Interest Period for the above Term Facility Loans is [ ]].**** 4. This Selection Notice is irrevocable. [the Company on behalf of] [insert name of Relevant relevant Borrower] * NOTES: * Amend as appropriate. The Selection Notice can be given by a Borrower or the Company. ** Insert details of all Term Facility Loans for in the relevant Facility same currency which have an Interest Period ending on the same date. *** Use this option if division of Term Facility Loans is requested. **** Use this option if sub-division is not required. SCHEDULE 4 MANDATORY COST FORMULAE 1. The Mandatory Cost is an 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. On the first day of each Interest Period (or as soon as possible thereafter) the Agent shall calculate, as a percentage rate, a rate (the “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 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 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: (a) in relation to a sterling Loan: AB + C(B –D) + E x 0.01 per cent. per annum 100 – (A + C) (b) in relation to a Loan in any currency other than sterling: E x 0.01 per cent. per annum. Where:.

Selection Notice. APPLICABLE TO A TERM FACILITY LOAN From: [Borrower] [Company]* To: [Agent] Dated: Dear Sirs dated SANOFI-SYNTHELABO - EUR 12,000,000,000 FACILITY AGREEMENT DATED [ ] 2007 (the “Facilities Agreement”THE " AGREEMENT") 1. We refer to the Facilities Agreement. This is a the 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 request that Interest Periods under Facility A Loans have a duration of [2/3/6] months as from the following Term Facility Loan[s] with an next Interest Period ending on [ ]**beginning immediately after the date of this Selection Notice until the Facility A Final Maturity Date. 3. [We request that the above Term Interest Periods under Facility Loan[sB Loans have a duration of [2/3/6] be divided into [ ] Term Facility Loans with the following amounts and Interest Periods:]*** or [We request that months as from the next Interest Period for beginning immediately after the above Term date of this Selection Notice until the Facility Loans is [ ]]B Final Maturity Date.**** 4. This Selection Notice is irrevocable. [Yours faithfully ..................................... authorised signatory for the Company on behalf of] [insert name of Relevant Borrower] * NOTES: * Amend as appropriate. The Selection Notice can be given by a Borrower or the Company. ** Insert details of all Term Facility Loans for the relevant Facility which have an Interest Period ending on the same date. *** Use this option if division of Term Facility Loans is requested. **** Use this option if sub-division is not required. - 91 - SCHEDULE 4 MANDATORY COST FORMULAE 1. The Mandatory Cost is an 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. Mandatory Costs will be charged only if and to the extent that the applicable Lender certifies that such costs are effectively and commonly charged by that Lender to the vast majority of its customers in connection with facilities of similar size to the Facility. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Agent shall calculate, as a percentage rate, a rate (the “Additional Cost Rate”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 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 '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 Agent as follows: (a) in relation to a sterling Loan: AB + C(B –- D) + E x 0.01 ------------------------ per cent. per annum 100 – - (A + C) (b) in relation to a Loan in any currency other than sterling: E x 0.01 per cent. per annum. Where: