Harmony Gold Mining Co LTD Sample Contracts

and OTHERS US$80,000,000 LOAN NOTE FACILITY AGREEMENT CONTENTS
Agreement • December 23rd, 2002 • Harmony Gold Mining Co LTD • Gold and silver ores • England and Wales
AGREEMENT OF ASSIGNMENT
Voting Agreement • November 3rd, 2005 • Harmony Gold Mining Co LTD • Gold and silver ores
SUBORDINATION AGREEMENT
Subordination Agreement • November 3rd, 2005 • Harmony Gold Mining Co LTD • Gold and silver ores
CONTENTS
Joint Venture Agreement • December 23rd, 2002 • Harmony Gold Mining Co LTD • Gold and silver ores
NEDBANK LIMITED (REPRESENTED BY ANTON TALJAARD AND CLIVE DONALD STEWART)
Harmony Gold Mining Co LTD • November 3rd, 2005 • Gold and silver ores
Exhibit A to Deposit Agreement
Harmony Gold Mining Co LTD • November 30th, 2004 • Gold and silver ores

representing deposited Ordinary Shares (herein called "Shares") of HARMONY GOLD MINING COMPANY LIMITED, incorporated under the laws of the Republic of South Africa (herein called the "Company"). At the date hereof, each American Depositary Share represents one (1) Share which is either deposited or subject to deposit under the deposit agreement at ABSA Bank Ltd., Standard Bank, French Bank of South Africa, First National Bank of South Africa and Nedcor Bank Limited, (herein collectively called the "Custodian"). The Depositary's Corporate Trust Office is located at a different address than its principal executive office. Its Corporate Trust Office is located at 101 Barclay Street, New York, N.Y. 10286, and its principal executive office is located at One Wall Street, New York, N.Y. 10286.

SALE OF SHARES AGREEMENT
Shares Agreement • November 3rd, 2005 • Harmony Gold Mining Co LTD • Gold and silver ores
SECOND LOAN AGREEMENT
Second Loan Agreement • November 3rd, 2005 • Harmony Gold Mining Co LTD • Gold and silver ores
BORROWER PLEDGE AND CESSION
Harmony Gold Mining Co LTD • October 25th, 2013 • Gold and silver ores
AMENDED AND RESTATED DEPOSIT AGREEMENT by and among HARMONY GOLD MINING COMPANY LIMITED as Issuer, DEUTSCHE BANK TRUST COMPANY AMERICAS as Depositary, AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY RECEIPTS Dated as of October 7, 2011
Deposit Agreement • October 24th, 2011 • Harmony Gold Mining Co LTD • Gold and silver ores • New York

AMENDED AND RESTATED DEPOSIT AGREEMENT dated as of October 7, 2011, among HARMONY GOLD MINING COMPANY LIMITED, incorporated under the laws of the Republic of South Africa (herein called the “Issuer”), DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation (herein called the “Depositary”), and all Owners and holders from time to time of American Depositary Receipts issued hereunder.

FLOW OF FUNDS AGREEMENT
Funds Agreement • November 3rd, 2005 • Harmony Gold Mining Co LTD • Gold and silver ores
FIRST LOAN AGREEMENT
First Loan Agreement • November 3rd, 2005 • Harmony Gold Mining Co LTD • Gold and silver ores
MINING RIGHT ABANDONMENT AGREEMENT between HARMONY GOLD MINING COMPANY LIMITED and WITWATERSRAND CONSOLIDATED GOLD RESOURCES LIMITED
Mining Right Abandonment Agreement • October 29th, 2012 • Harmony Gold Mining Co LTD • Gold and silver ores

THAT on this 11th day of DECEMBER in the year 2007, before me, ADOLPH JOHANNES DE LA REY a Notary Public, duly sworn and admitted, residing and practising at WELKOM, in the FREE STATE Province of South Africa, and in the presence of the subscribing competent witnesses, personally came and appeared:

THE AMENDED AND RESTATED TRUST DEED OF THE HARMONY ESOP TRUST
Harmony Gold Mining Co LTD • October 29th, 2020 • Gold and silver ores
SALE OF ASSETS AGREEMENT (SOUTH)
Sale of Assets Agreement • October 25th, 2010 • Harmony Gold Mining Co LTD • Gold and silver ores

• Portion 1 of the Farm President Steyn No. 154, District Welkom, Free State Province, in extent of 6,1280 hectares, held under Title Deed No T3452/2002.

Contract
Harmony Gold Mining Co LTD • October 27th, 2017 • Gold and silver ores

Third Amendment and Restatement AgreementbetweenHarmony Gold Mining Company LimitedThe Original Guarantors listed in Part 1 of Schedule 1 heretoThe Additional Guarantors listed in Part 2 of Schedule 1 heretoandNedbank Limited (acting through its Corporate and Investment Banking division)

AGREEMENT OF EXTENSION IN RELATION TO THE CONDITION PRECEDENT IN CLAUSE 2.1.2 OF THE SALE AGREEMENT
Agreement • October 25th, 2018 • Harmony Gold Mining Co LTD • Gold and silver ores
JOINT VENTURE AGREEMENT
Joint Venture Agreement • December 17th, 2003 • Harmony Gold Mining Co LTD • Gold and silver ores
REVOLVING USD FACILITY AGREEMENT amongst HARMONY GOLD MINING COMPANY LIMITED (as Borrower and Obligors’ Agent) with THE FINANCIAL INSTITUTIONS LISTED IN SCHEDULE 1 and ABSA BANK LIMITED (acting through its Corporate and Investment Banking division)...
Revolving Usd Facility Agreement • October 31st, 2022 • Harmony Gold Mining Co LTD • Gold and silver ores

(1)Harmony Gold Mining Company Limited, a company registered in accordance with the laws of South Africa under registration number 1950/038232/06, as borrower and agent on behalf of the Obligors (the Borrower and Obligors’ Agent);

HARMONY SHARED SERVICES AGREEMENT between HARMONY GOLD MINING COMPANY LIMITED and EVANDER GOLD MINES LIMITED
Harmony Shared Services Agreement • October 29th, 2012 • Harmony Gold Mining Co LTD • Gold and silver ores
SECOND ADDENDUM TO THE SALE AGREEMENT
The Sale Agreement • October 25th, 2018 • Harmony Gold Mining Co LTD • Gold and silver ores

HARMONY MOAB KHOTSONG OPERATIONS PROPRIETARY LIMITED (previously known as Coreland Property Investment Company Proprietary Limited)

NOTARIAL SALE AND SUBSCRIPTION AGREEMENT between KALAHARI GOLDRIDGE MINING COMPANY LIMITED and HARMONY GOLD MINING COMPANY LIMITED and AFRICAN RAINBOW MINERALS PLATINUM (PROPRIETARY) LIMITED and ANGLOVAAL MINING LIMITED
Notarial Sale and Subscription Agreement • October 14th, 2004 • Harmony Gold Mining Co LTD • Gold and silver ores

That on this 16th day of February 2004, before me, Brigitte Broderick Franck, notary public, duly sworn and admitted, practising at 1 Protea Place, Sandown, Sandton, in the Province of Gauteng in the Republic of South Africa, personally came and appeared –

AMENDED AND RESTATED FACILITIES AGREEMENT Amongst NEDBANK LIMITED and HARMONY GOLD MINING COMPANY LIMITED and THE GUARANTORS LISTED IN SCHEDULE 2
Facilities Agreement • October 24th, 2011 • Harmony Gold Mining Co LTD • Gold and silver ores
ACCELERATED GLOBAL TENDERsm * AGREEMENT FOR SALE BY HARMONY GOLD MINING COMPANY LTD OF UP TO 25,010,693 ORDINARY SHARES IN GOLD FIELDS LIMITED (“SHARES”) DATED 15 NOVEMBER 2005
Harmony Gold Mining Co LTD • November 16th, 2005 • Gold and silver ores

Harmony Gold Mining Company Ltd (the “Seller” ) hereby appoints Merrill Lynch South Africa Pty Limited (“MLSA”) and its duly qualified affiliates to use reasonable endeavours to procure purchasers, in reliance on the representations and warranties given by the Seller below and pursuant to the terms and conditions set out below, by way of an Accelerated Global Tendersm (the “Tender”), for up to 25,010,693 ordinary shares of par value ZAR 50 cents each (together with all rights attaching thereto) (“Ordinary Shares”) in the form of Ordinary Shares and in the form of American depositary shares (together with all rights attaching thereto) (“ADSs”) in Gold Fields Limited (the “Company”) (the ADSs, together with the Ordinary Shares, the “Sale Shares”), being its entire holding of shares in the Company, on an agency basis. The Seller confers on MLSA and its duly qualified affiliates all powers, authorities and discretions on its behalf reasonably necessary or incidental to effect the Tender. I

INTERCREDITOR AGREEMENT
Intercreditor Agreement • October 26th, 2016 • Harmony Gold Mining Co LTD • Gold and silver ores

AFRICAN RAINBOW MINERALS LIMITED, a public company duly incorporated in accordance with the laws of the Republic of South Africa under registration number 1933/004580/06 (ARM); and