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 2005Harmony 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
