4E PGM definition
4E PGM means platinum, palladium, rhodium and gold; “AAP” meansAngloAmericanPlatinumLimited(Registration number1946/022452/06), a public company duly registered and incorporated under the laws of South Africa; “Act” or “Companies Act” means the Companies Act, 71 of 2008, as amended from time to time; “ADR” means American depositary receipt being a certificate evidencing a specific number of ADSs; “ADSs” means American depositary shares, each of which represents four Sibanye Shares; “Aquarius Platinum” means Aquarius Platinum (South Africa) Proprietary Limited; “Assumed Liabilities” has the meaning given to such term in the SPA, in broad commercial terms being all liabilities of RPM in relation to, associated with, arising out of or in respect of the Rustenburg Operations or any part thereof (including any Sale Asset) as at the Effective Date, including (inter alia) liabilities under transferring contracts, liabilities in respect of creditors, liabilities under or relating to the Mining Right and the Prospecting Right, rehabilitation liabilities and environmental claims), but excluding certain specified liabilities of RPM (inter alia, for tax arising or accrued, in respect of any period prior to the Effective Date); “Bakgatla” means the Bakgatla-Ba-Kgafela Traditional Community, comprised of approximately 350 000 members and resident in the North West province under the leadership of Kgosi Nyalala Pilane; “Bakgatla-Ba-Kgafela Investment Holdings” means Bakgatla-Ba-Kgafela Investment Holdings Proprietary Limited (Registration number 2013/103761/07), a private company duly registered and incorporated under the laws of South Africa; “Base Case Plan” has the meaning given to such term in the SPA. In terms of the SPA, RPM is entitled, within a defined period after completion of a bankable feasibility study on the UG2 projects at Khuseleka, Thembelani and Siphumelele shafts (which has occurred), to amend the Base Case Plan (and accordingly also(i) the stipulated levels of bargaining unit employees (Patterson D1 and below) and total package employees (Patterson D2 and above) referred to in paragraph 4.1 of this Circular and (ii) the production, milling, capital expenditure and on-mine cash cost thresholds referred to in paragraphs 4.1 and 4.7 of this Circular), such that it aligns with (and with the outcomes and findings of) such bankable feasibility study, provided that, viewed in aggregate, the NPV of the Base Case Plan, as amended in line with this, will not be more t...