AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Deposit Agreement Dated as of , 2013Deposit Agreement • February 1st, 2013 • Sibanye Gold LTD • Gold and silver ores • New York
DEPOSIT AGREEMENT dated as of , 2013 among SIBANYE GOLD LIMITED, a company incorporated under the laws of the Republic of South Africa (herein called the Company), THE BANK OF NEW YORK MELLON, a New York banking corporation (herein called the Depositary), and all Owners and Holders from time to time of American Depositary Shares issued hereunder.
INDENTURE Dated as of June 27, 2017 Among SIBANYE GOLD LIMITED as a Guarantor STILLWATER MINING COMPANY as Issuer and THE OTHER GUARANTORS NAMED ON THE SIGNATURE PAGES HERETO and THE BANK OF NEW YORK MELLON, LONDON BRANCH as Trustee 6.125% SENIOR...Indenture • April 2nd, 2018 • Sibanye Gold LTD • Gold and silver ores • New York
INDENTURE, dated as of June 27, 2017, among Sibanye Gold Limited, a public company duly registered and incorporated under the laws of South Africa (the "Company") as a Guarantor, Stillwater Mining Company, a corporation existing under the laws of the state of Delaware (the "Issuer"), the other Guarantors (as defined herein) listed on the signature pages hereto, and The Bank of New York Mellon, London Branch, a New York banking corporation, as trustee (the "Trustee").
AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • April 7th, 2017 • Sibanye Gold LTD • Gold and silver ores • Delaware
Now, therefore, in consideration of the foregoing and the respective representations, warranties and covenants set forth below, the Parties agree as follows:
REVOLVING CREDIT FACILITY AGREEMENT amongst NEDBANK LIMITED (acting through its NEDBANK CAPITAL and NEDBANK CORPORATE divisions) GFI MINING SOUTH AFRICA (PROPRIETARY) LIMITED GOLD FIELDS OPERATIONS LIMITED and THE ORIGINAL GUARANTORS LISTED IN SCHEDULE 1Facility Agreement • January 15th, 2013 • Sibanye Gold LTD • Gold and silver ores
DATED 17 April 2012 GFI MINING SOUTH AFRICA (PROPRIETARY) LIMITED GOLD FIELDS OPERATIONS LIMITED GOLD FIELDS OROGEN HOLDING (BVI) LIMITED ARRANGED BY THE FINANCIAL INSTITUTIONS LISTED HEREIN AS ARRANGERS WITH THE BANK OF TOKYO- MITSUBISHI UFJ, LTD....Assignment Agreement • January 15th, 2013 • Sibanye Gold LTD • Gold and silver ores
REVOLVING CREDIT FACILITY AGREEMENT Amongst NEDBANK LIMITED (acting through its NEDBANK CAPITAL and NEDBANK CORPORATE divisions) GFI MINING SOUTH AFRICA (PROPRIETARY) LIMITED GOLD FIELDS OPERATIONS LIMITED and THE ORIGINAL GUARANTORS LISTED IN SCHEDULE 1Credit Facility Agreement • January 15th, 2013 • Sibanye Gold LTD • Gold and silver ores
Dated 7 October 2010 GOLD FIELDS OROGEN HOLDING (BVI) LIMITED (as Issuer) and GOLD FIELDS LIMITED and GFI MINING SOUTH AFRICA (PROPRIETARY) LIMITED and GOLD FIELDS OPERATIONS LIMITED and GOLD FIELDS HOLDINGS COMPANY (BVI) LIMITED (together the...Sibanye Gold LTD • January 15th, 2013 • Gold and silver ores
TRANSITIONAL SERVICES AGREEMENT Between GOLD FIELDS LIMITED (“Gold Fields”) And SIBANYE GOLD LIMITED (“Sibanye Gold”) and GOLD FIELDS SHARED SERVICES PROPRIETARY LIMITED (a wholly owned subsidiary of Sibanye Gold Limited No: 200202077507) (“the...Transitional Services Agreement • January 15th, 2013 • Sibanye Gold LTD • Gold and silver ores
ZAR4,500,000,000 TERM AND REVOLVING CREDIT FACILITIES AGREEMENT SIBANYE GOLD LIMITED arranged by BANK OF CHINA LIMITED JOHANNESBURG BRANCH FIRSTRAND BANK LIMITED (acting through its Rand Merchant Bank division) NEDBANK LIMITED (acting through its...Sibanye Gold LTD • April 29th, 2014 • Gold and silver ores • Gauteng
INDEMNITY AGREEMENT entered into between GOLD FIELDS OROGEN HOLDING (BVI) LIMITED and GOLD FIELDS LIMITED and GOLD FIELDS OPERATIONS LIMITED and GOLD FIELDS HOLDINGS COMPANY (BVI) LIMITED and SIBANYE GOLD LIMITED relating to the guarantee in respect...Indemnity Agreement • January 15th, 2013 • Sibanye Gold LTD • Gold and silver ores
ADDENDUM TO THE CESSION AND PLEDGE IN SECURITY between SIBANYE GOLD LIMITED and OPICONSIVIA TRADING 305 (RF) PROPRIETARY LIMITEDSibanye Gold LTD • April 29th, 2014 • Gold and silver ores
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • April 9th, 2019 • Sibanye Gold LTD • Gold and silver ores • New York
First Supplemental Indenture (this "Supplemental Indenture") dated as of January 23, 2019, among Stillwater Mining Company (the "Issuer"), Sibanye Gold Limited, Rand Uranium Proprietary Limited, Kroondal Operations Proprietary Limited, Sibanye Rustenburg Platinum Mines Proprietary Limited (together, the "Guarantors") and The Bank of New York Mellon, London Branch, a New York banking corporation, as trustee under the Indenture referred to below (the "Trustee").
DATE 8 JULY 2014 THIRD AMENDMENT AGREEMENT TO A TERM LOAN FACILITY AGREEMENT ORIGINALLY DATED 17 APRIL 2014 amongst SOUTHGOLD EXPLORATION PROPRIETARY LIMITED (as Borrower) and THE FINANCIAL INSTITUTIONS LISTED IN SCHEDULE 1 (as Original Lenders) and...Term Loan Facility Agreement • March 24th, 2015 • Sibanye Gold LTD • Gold and silver ores • England and Wales
MERGER AGREEMENT entered into between SIBANYE GOLD LIMITED and GOLD ONE INTERNATIONAL LIMITED and NEWSHELF 1114 PROPRIETARY LIMITEDMerger Agreement • April 29th, 2014 • Sibanye Gold LTD • Gold and silver ores
ADS RIGHTS AGENT AGREEMENTAds Rights Agent Agreement • May 18th, 2017 • Sibanye Gold LTD • Gold and silver ores • New York
Sibanye Gold Limited, a company incorporated under the laws of the Republic of South Africa (the “Company”), will grant to existing registered holders (the “ADS Holders”) of American Depositary Shares (“ADSs”) issued under the Deposit Agreement dated as of February 8, 2013 the “Deposit Agreement”) among the Company, The Bank of New York Mellon, as depositary (the “Depositary”), and all owners and holders from time to time of ADSs issued thereunder that are registered on the books of the Depositary as of May 23, 2017, 2017 (the “Record Date”) the right (the “Rights Offer”) to purchase new ADSs for $3.43 per New ADS (the “ADS Subscription Price”). Each ADS Holder will receive 9 ADS rights (each, an “ADS Right”) for every 7 ADSs held on the Record Date, and each ADS Right will entitle the registered holder (a “Rights Holder”) to purchase one new ADS in the Rights Offer. Each ADS represents four ordinary shares (each, a “Share”) of the Company. The ADSs may be evidenced by American Deposit
ADDENDUM TO THE TERM AND REVOLVING CREDIT FACILITIES AGREEMENT between SIBANYE GOLD LIMITED ABSA BANK LIMITED (acting through its ABSA CAPITAL division) NEDBANK LIMITED (acting through its NEDBANK CAPITAL and NEDBANK CORPORATE divisions) THE STANDARD...Credit Facilities Agreement • April 29th, 2014 • Sibanye Gold LTD • Gold and silver ores
AMENDMENT AND RESTATEMENT AGREEMENT relating to a ZAR6,000,000,000 REVOLVING FACILITY AGREEMENTAmendment and Restatement Agreement • April 9th, 2019 • Sibanye Gold LTD • Gold and silver ores
THIS AGREEMENT is originally dated 14 November 2016 and amended and restated on 28 September 2017, and further amended and restated on _ August 2018
TERM LOAN FACILITY AGREEMENT DATED 17 April 2014 for SOUTHGOLD EXPLORATION PROPRIETARY LIMITED (as Borrower) with THE FINANCIAL INSTITUTIONS LISTED IN SCHEDULE 1 (as Original Lenders) and CREDIT SUISSE AG (as Facility Agent) and CREDIT SUISSE AG (as...Term Loan Facility Agreement • March 24th, 2015 • Sibanye Gold LTD • Gold and silver ores
DATE 1 JULY 2014 SECOND AMENDMENT AGREEMENT TO A TERM LOAN FACILITY AGREEMENT ORIGINALLY DATED 17 APRIL 2014 amongst SOUTHGOLD EXPLORATION PROPRIETARY LIMITED (as Borrower) and THE FINANCIAL INSTITUTIONS LISTED IN SCHEDULE 1 (as Original Lenders) and...Term Loan Facility Agreement • March 24th, 2015 • Sibanye Gold LTD • Gold and silver ores • England and Wales
DRD OPTION AGREEMENTDRD Option Agreement • August 1st, 2018 • Sibanye Gold LTD • Gold and silver ores • Gauteng
Implementation AgreementAmalgamation Agreement • March 21st, 2016 • Sibanye Gold LTD • Gold and silver ores
(1)Sibanye Gold Limited, a company incorporated and registered in South Africa with company number 2002/031431/06 whose registered office is at Libanon Business Park, 1 Hospital Street, Libanon, Westonaria, 1780, South Africa (Sibanye);
SIBANYE GOLD LIMITED and LONMIN PLCCo-Operation Agreement • April 2nd, 2018 • Sibanye Gold LTD • Gold and silver ores
SECOND ADDENDUM TO THE TERM AND REVOLVING CREDIT FACILITIES AGREEMENT SIBANYE GOLD LIMITED arranged by BANK OF CHINA LIMITED JOHANNESBURG BRANCH FIRSTRAND BANK LIMITED (acting through its Rand Merchant Bank division) NEDBANK LIMITED (acting through...Sibanye Gold LTD • March 24th, 2015 • Gold and silver ores
Tel: 212-929-5500 Fax: 212-929-0308 New York London Los Angeles Palo Alto WashingtonSibanye Gold LTD • May 18th, 2017 • Gold and silver ores • New York
DATE 26 JUNE 2014 AMENDMENT AGREEMENT TO A TERM LOAN FACILITY AGREEMENT ORIGINALLY DATED 17 APRIL 2014 amongst SOUTHGOLD EXPLORATION PROPRIETARY LIMITED (as Borrower) and THE FINANCIAL INSTITUTIONS LISTED IN SCHEDULE 1 (as Original Lenders) and CREDIT...Agreement • March 24th, 2015 • Sibanye Gold LTD • Gold and silver ores • Georgia
THIRD ADDENDUM TO THE TERM AND REVOLVING CREDIT FACILITIES AGREEMENT SIBANYE GOLD LIMITED arranged by BANK OF CHINA LIMITED JOHANNESBURG BRANCH FIRSTRAND BANK LIMITED (acting through its Rand Merchant Bank division) NEDBANK LIMITED (acting through its...Sibanye Gold LTD • March 24th, 2015 • Gold and silver ores
FOURTH ADDENDUM TO THE TERM AND REVOLVING CREDIT FACILITIES AGREEMENT SIBANYE GOLD LIMITED arranged by BANK OF CHINA LIMITED JOHANNESBURG BRANCH FIRSTRAND BANK LIMITED (acting through its Rand Merchant Bank division) NEDBANK LIMITED (acting through...Sibanye Gold LTD • March 24th, 2015 • Gold and silver ores
DRD EXCHANGE AGREEMENTDRD Exchange Agreement • August 1st, 2018 • Sibanye Gold LTD • Gold and silver ores • Gauteng
SALE AND PURCHASE AGREEMENT between RUSTENBURG PLATINUM MINES LIMITED Registration number 1931/003380/06 and SIBANYE RUSTENBURG PLATINUM MINES PROPRIETARY LIMITED Registration number 2015/305479/07 andSale and Purchase Agreement • March 21st, 2016 • Sibanye Gold LTD • Gold and silver ores
by the Seller (including at the Mines, the Concentrator Complex, the Tailings Assets and the infrastructure and operations indicated in Annexe V), as part of the Rustenburg Section and as at the Effective Date, in respect of which the Seller sells and transfers to the Purchaser (in accordance with this Agreement) the (i) Sale Assets; and (ii) Assumed Liabilities only (and all references to the "Business" will be construed accordingly). For the avoidance of doubt and without limitation, the Business excludes all Smelting and Refining Operations;
ADDENDUM NO. 6 TO THE MERGER AGREEMENT entered into between SIBANYE GOLD LIMITED and GOLD ONE INTERNATIONAL LIMITED and NEWSHELF 1114 PROPRIETARY LIMITEDThe Merger Agreement • March 24th, 2015 • Sibanye Gold LTD • Gold and silver ores
ZAR4,000,000,000 AMENDED AND RESTATED TERM AND REVOLVING CREDIT FACILITIES AGREEMENTAmendment and Restatement Agreement • March 21st, 2016 • Sibanye Gold LTD • Gold and silver ores • Gauteng
ADDENDUM NO. 4 TO THE MERGER AGREEMENT entered into between SIBANYE GOLD LIMITED and GOLD ONE INTERNATIONAL LIMITED and NEWSHELF 1114 PROPRIETARY LIMITEDThe Merger Agreement • March 24th, 2015 • Sibanye Gold LTD • Gold and silver ores
FACILITY AGREEMENTFacility Agreement • April 7th, 2017 • Sibanye Gold LTD • Gold and silver ores
SUPPLEMENTAL AGREEMENT between SIBANYE GOLD LIMITED STILLWATER MINING COMPANY KROONDAL OPERATIONS PROPRIETARY LIMITED SIBANYE RUSTENBURG PLATINUM MINES PROPRIETARY LIMITED and BANK OF AMERICA MERRILL LYNCH INTERNATIONAL DESIGNATED ACTIVITY COMPANY as...Supplemental Agreement • April 9th, 2019 • Sibanye Gold LTD • Gold and silver ores
ADDENDUM NO. 1 TO THE MERGER AGREEMENT entered into between SIBANYE GOLD LIMITED and GOLD ONE INTERNATIONAL LIMITED and NEWSHELF 1114 PROPRIETARY LIMITED law | tax | forensics | IP | africa edward nathan sonnenbergs incorporated registration number...The Merger Agreement • April 29th, 2014 • Sibanye Gold LTD • Gold and silver ores
This Addendum No. 1, may be executed and delivered in counterparts by the Parties, each of which when so executed and delivered shall be deemed to be an original and all of which when taken together shall constitute one and the same Addendum, and may be delivered by facsimile or scanned email.
