Common use of Selection Notice Clause in Contracts

Selection Notice. From: [Borrower] To: [Facility Agent] Dated: Dear Sirs Xstrata (Schweiz) AG – $600,000,000 Multicurrency Loan Facility Agreement dated [ ] 2005 (the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Loan[s] with an Interest Period ending on [ ].* 3. [We request that the above Loan[s] be divided into [ ] Loans with the following Base Currency Amounts and Interest Periods:]** [We request that the next Interest Period for the above Loan[s] is [ ]].*** 4. This Selection Notice is irrevocable. authorised signatory for [the Company on behalf of] [name of relevant Borrower] * Insert details of all Loans which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 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 Facility 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 Facility 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 Facility Agent. This percentage will be certified by that Lender in its notice to the Facility 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 Facility Agent as follows: (a) in relation to a sterling Loan: 100 – (A + C) per cent. per annum; (b) in relation to a Loan in any currency other than sterling: 300 per cent. per annum. Where:

Selection Notice. From: [Borrower] To: [Facility Agent] X.X. Xxxxxx Europe Limited Dated: Dear Sirs Xstrata (Schweiz) AG – $600,000,000 Multicurrency Loan Gold Fields Limited - Dual Currency Facility Agreement dated [ [•] 2005 February 2006 (the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Loan[s] in [identify currency] with an Interest Period ending on [ ]*.* 3. [We request that the above Loan[s] be divided into [ ] Loans with the following Base Currency Amounts and Interest Periods:]:] ** [We request that the next Interest Period for the above Loan[s] is [ ]].*** 4. We request that the above Loan[s] [is]/[are] [denominated in the same currency for the next Interest Period]/[denominated in [•] currency. As this results in a change of currency we confirm that each condition specified in Clause 4.2 (Further conditions precedent) is satisfied on the date of this Selection Notice. The proceeds of any change in currency should be credited to [account].]. 5. This Selection Notice is irrevocable. authorised signatory for [the Company on behalf of] [name of relevant Borrower] * Insert details of all Loans in the same currency which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 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 Facility 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 Facility 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 Facility Agent. This percentage will be certified by that Lender in its notice to the Facility 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 Facility Agent as follows: (a) in relation to a sterling Loan: 100 – (A + C) per cent. per annum; (b) in relation to a Loan in any currency other than sterling: 300 E´0.01 per cent. per annum. Where:

Selection Notice. From: [Borrower] Xstrata (Schweiz) AG To: [Facility Agent] Dated: Dear Sirs Xstrata (Schweiz) AG – - $600,000,000 Multicurrency 7,000,000,000 Loan Facility Agreement dated [ ] 2005 (the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Loan[s] in [identify currency] with an Interest Period ending on [ ].* 3. [We request that the above Loan[s] be divided into [ ] Loans with the following Base Currency Amounts and Interest Periods:]** [We request that the next Interest Period for the above Loan[s] is [ ]].*** 4. We request that the above Loan[s] [is]/[are] [denominated in the same currency for the next Interest Period]/[denominated in the following currencies: [ ]. As this results in a change of currency we confirm that each condition specified in Clause 4.2 (Further conditions precedent) is satisfied on the date of this Selection Notice. The proceeds of any change in currency should be credited to [account].]. 5. This Selection Notice is irrevocable. authorised signatory for [the Company on behalf of] [name of relevant Borrower] * Insert details of all Loans in the same currency which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 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 Facility 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 Facility 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 Facility Agent. This percentage will be certified by that Lender in its notice to the Facility 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 Facility Agent as follows: (a) in relation to a sterling Loan: 100 – (A + C) per cent. per annum; (b) in relation to a Loan in any currency other than sterling: 300 E x 0.01 per cent. per annum. Where:

Selection Notice. From: [Borrower] Hindustan Zinc Limited To: [Facility Agent] ABN AMRO Bank N.V., as Agent Dated: [___________] 2005 Dear Sirs Xstrata HINDUSTAN ZINC LIMITED - ONE HUNDRED AND TWENTY FIVE MILLION DOLLAR (Schweiz$125,000,000) AG – $600,000,000 Multicurrency Loan Facility Agreement dated [ TERM FACILITY AGREEMENT DATED [___________] JULY 2005 (the “Agreement”THE "AGREEMENT") 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Loan[s] Loan with an Interest Period ending on [ [___________].* 3. [We request that the above Loan[s] be divided into [ ] Loans with the following Base Currency Amounts and Interest Periods:]** [We request that the next Interest Period for the above Loan[s] Loan is [ ][_____].*** 43. This Selection Notice is irrevocable. Yours faithfully ---------------------------------------- authorised signatory for [the Company on behalf of] [name of relevant Borrower] * Insert details of all Loans which have an Interest Period ending on the same date. ** Use this option if division of 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 Facility 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 Facility 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 Facility Agent. This percentage will be certified by that Lender in its notice to the Facility 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 Facility Agent as follows: (a) in relation to a sterling Loan: 100 – (A + C) per cent. per annum; (b) in relation to a Loan in any currency other than sterling: 300 per cent. per annum. Where:

Selection Notice. From: [BorrowerBournemouth & West Hampshire Water Plc] To: [Facility AgentThe Royal Bank of Scotland plc] Dated: Dear Sirs Xstrata (Schweiz) AG – $600,000,000 Multicurrency Loan Bournemouth & West Hampshire Water Plc — £32,690,000 Facility Agreement dated [ ] 2005 June 2006 (the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Loan[s] Loan with an Interest Period ending on [ ].* 3. [We request that the above Loan[s] Loan be divided into [ ] Loans with the following Base Currency Amounts £[amounts] and Interest Periods:]*:** [We request that the next Interest Period for the above Loan[s] is [ ]].*** 4. This Selection Notice is irrevocable. authorised signatory for [the Company on behalf of] [name of relevant Borrower] * Insert details of all Loans which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 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 Facility 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 Facility 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 Facility Agent. This percentage will be certified by that Lender in its notice to the Facility 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 Facility Agent as follows: (a: AB + C(B D) in relation to a sterling Loan: + E x 0.01 100 – - (A + C) per cent. cent per annum; (b) in relation to a Loan in any currency other than sterling: 300 per cent. per annum. annum Where:

Selection Notice. From: [Borrower] To: [Facility Agent] Dated: Dear Sirs Xstrata (Schweiz) AG – — $600,000,000 Multicurrency 2,500,000,000 Dual Currency Term Loan Facility Facilities Agreement dated [ ] 2005 (the “"Agreement”") 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Loan[s] in [identify currency] with an Interest Period ending on [ ].* 3. [We request that the above Loan[s] be divided into [ ] Loans with the following Base Currency Amounts and Interest Periods:]** or [We request that the next Interest Period for the above Loan[s] is [ ]].*** 4. We request that the above Loan[s] [is]/ [are] [denominated in the same currency for the next Interest Period]/[denominated in the following currencies: [US$/Canadian Dollars]. As this results in a change of currency we confirm that each condition specified in Clause 4.2 (Further conditions precedent) is satisfied on the date of this Selection Notice. The proceeds of any change in currency should be credited to [account].]. 5. This Selection Notice is irrevocable. authorised signatory for [the Company on behalf of] [name of relevant Borrower] * Insert details of all Loans in the same currency which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 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 Facility 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 Facility 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 Facility Agent. This percentage will be certified by that Lender in its notice to the Facility 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 Facility Agent as follows: (a) in relation to a sterling Loan: 100 – (A + C) per cent. per annum; (b) in relation to a Loan in any currency other than sterling: E × 0.01 300 per cent. per annum. Where: E is designed to compensate Lenders for amounts payable under the Fees Rules and is calculated by the Facility Agent as being the average of the rates of charge supplied by the Reference Banks (or those of the Reference Banks as supply a rate to the Facility Agent) to the Facility Agent pursuant to paragraph 7 below and expressed in pounds per £1,000,000. 5. For the purposes of this Schedule:

Selection Notice. From: [Borrower] To: [Facility Agent] Dated: Dear Sirs Xstrata (Schweiz) AG – $600,000,000 Multicurrency Loan Facility Agreement dated SANOFI-SYNTHELABO - EUR 16,000,000,000 FACILITY AGREEMENT DATED [ ] 2005 (the “Agreement”THE " AGREEMENT") 1. We refer to the Agreement. This is a the Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Loan[s] with an Interest Period ending on [ ].* 3. [We request that the above Loan[sInterest Periods under Facility A Loans have a duration of [2/3/6] be divided into [ ] Loans with the following Base Currency Amounts and Interest Periods:]** [We request that months as from the next Interest Period for beginning immediately after the above Loan[sdate of this Selection Notice until the Facility A Final Maturity Date. 3. We request that Interest Periods under Facility B Loans have a duration of [2/3/6] is [ ]]months as from the next Interest Period beginning immediately after the date of this Selection Notice until the Facility B Final Maturity Date.*** 4. This Selection Notice is irrevocable. Yours faithfully ..................................... authorised signatory for [the Company on behalf of] [name of relevant Borrower] * Insert details of all Loans which have an Interest Period ending on the same date. ** Use this option if division of 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 Facility 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 Facility 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 Facility Agent. This percentage will be certified by that Lender in its notice to the Facility 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 Facility Agent as follows: (a) in relation to a sterling Loan: 100 – (A + C) per cent. per annum; (b) in relation to a Loan in any currency other than sterling: 300 per cent. per annum. Where:

Selection Notice. APPLICABLE TO A TERM FACILITY LOAN From: [Borrower] [Company]* To: [Facility Agent] Dated: Dear Sirs Xstrata (Schweiz) AG – $600,000,000 Multicurrency Loan Facility Agreement dated [ ] 2005 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 Base Currency Amounts amounts and Interest Periods:]*** or [We request that the next Interest Period for the above Loan[s] Term Facility Loans is [ ]].**** 4. This Selection Notice is irrevocable. authorised signatory for [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 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 Facility 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 Facility 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 Facility Agent. This percentage will be certified by that Lender in its notice to the Facility 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 Facility 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) per cent. per annum;) (b) in relation to a Loan in any currency other than sterling: 300 E x 0.01 per cent. per annum. Where:

Selection Notice. From: [Borrower] To: [Facility Agent] Dated: Dear Sirs Xstrata (Schweiz) AG – $600,000,000 Multicurrency Loan Facility Agreement dated [ [—] 2005 2012 (the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Loan[s] with an Interest Period ending on [ [—].* 3. [We request that the above Loan[s] be divided into [ [—] Loans with the following Base Currency Amounts amounts and Interest Periods:]** or [We request that the next Interest Period for the above Loan[s] is [ [—]].*** 4. This Selection Notice is irrevocable. Yours faithfully authorised signatory for [the Company on behalf of] [name of relevant Borrower] * Insert details Table of all Loans which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required.Contents SCHEDULE 4 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 Facility 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 Facility 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 Facility Agent. This percentage will be certified by that Lender in its notice to the Facility 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 Facility Agent as follows: (a) in relation to a sterling Loan: 100 – (A + C) per cent. per annum; (b) in relation to a Loan in any currency other than sterling: 300 per cent. per annum. Where:

Selection Notice. From: [Borrower] BMS Omega Bermuda Holdings Finance Ltd. To: [Facility Agent] Dated: The Royal Bank of Scotland plc Dear Sirs Xstrata (Schweiz) AG – $600,000,000 Multicurrency Loan Facility Agreement dated [ ] 5 August 2005 (the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following [Tranche A/Tranche B● ] Loan[s] with an Interest Period ending on [ ]* .* 3. [We request that the above Loan[s] be divided into [ ] Loans with the following Base Currency Amounts amounts and Interest Periods:]*:] * * or [We request that the next Interest Period for the above 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] [name same Tranche can be the subject of relevant Borrower] a Selection Notice. * Insert details of all Loans which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 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 Facility 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 Facility 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 Facility Agent. This percentage will be certified by that Lender in its notice to the Facility 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 Facility Agent as follows: (a) in relation to a sterling Loan: 100 – (A + C) per cent. per annum; (b) in relation to a Loan in any currency other than sterling: 300 E x 0.01 per cent. per annum. 300 Where:

Selection Notice. From: [Borrower] To: [Facility Agent] Dated: Dear Sirs Xstrata (Schweiz) AG – $600,000,000 Multicurrency Loan Facility Agreement dated SANOFI-SYNTHELABO - EUR 12,000,000,000 FACILITY AGREEMENT DATED [ ] 2005 (the “Agreement”THE " AGREEMENT") 1. We refer to the Agreement. This is a the Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Loan[s] with an Interest Period ending on [ ].* 3. [We request that the above Loan[sInterest Periods under Facility A Loans have a duration of [2/3/6] be divided into [ ] Loans with the following Base Currency Amounts and Interest Periods:]** [We request that months as from the next Interest Period for beginning immediately after the above Loan[sdate of this Selection Notice until the Facility A Final Maturity Date. 3. We request that Interest Periods under Facility B Loans have a duration of [2/3/6] is [ ]]months as from the next Interest Period beginning immediately after the date of this Selection Notice until the Facility B Final Maturity Date.*** 4. This Selection Notice is irrevocable. Yours faithfully ..................................... authorised signatory for [the Company on behalf of] [name of relevant Borrower] * Insert details of all Loans which have an Interest Period ending on the same date. ** Use this option if division of 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 Facility 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 Facility 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 Facility Agent. This percentage will be certified by that Lender in its notice to the Facility 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 Facility 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) per cent. per annum;) (b) in relation to a Loan in any currency other than sterling: 300 per cent. per annum. Where:

Selection Notice. From: [Borrower] To: [Facility Agent] Dated: Dear Sirs Xstrata (Schweiz) AG – $600,000,000 Multicurrency Loan Facility Agreement dated [ ] 2005 (the “Agreement”)Applicable to a Term Loan 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the 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 Loan[s] in [identify currency] with an Interest Period ending on [ [________ ].* 3. [We request that the above Term Loan[s] be divided into [ [________ ] Term Loans with the following Base Currency Amounts and Interest Periods:]** [We request that the next Interest Period for the above Term Loan[s] is [ ________]].*** 4. This Selection Notice is irrevocable. authorised signatory for [the Company on behalf of] [name of relevant Borrower] * Insert details of all Term Loans in the same currency which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 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. As an exception to the foregoing, no Mandatory Cost shall however be supported by the Borrower to compensate the Lenders for the cost of compliance with the Basel II Standards. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Facility 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 Facility 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 Facility Agent. This percentage will be certified by that Lender in its notice to the Facility 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 Facility Agent as follows: (a) in relation to a sterling Loan: 100 – (A + C) per cent. per annum; (b) in relation to a Loan in any currency other than sterling: 300 per cent. per annum. Where:

Selection Notice. From: [Borrower] To: [Facility Agent] Dated: Dear Sirs Xstrata (Schweiz) AG – $600,000,000 Multicurrency Loan Facility Agreement dated [ ] 2005 (the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Loan[s] with an Interest Period ending on [ ].* 3. [We request that the above Loan[s] be divided into [ ] Loans with the following Base Currency Amounts and Interest Periods:]** [We request that the next Interest Period for the above Loan[s] is [ ]].*** 4. * This Selection Notice is irrevocable. Yours faithfully authorised signatory for [the Company on behalf of] [name of relevant Borrower] * Insert details of all Facility A Loans in the same currency which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 1. The Mandatory Cost is an addition to the interest rate in relation 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 Facility 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 Facility Agent as a weighted the average of the Lenders’ Additional Cost Rates (weighted in proportion to rates supplied by the percentage participation of each Lender in the relevant Loan) Reference Banks 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 determined by that Lender to the Facility Agent. This percentage will be certified by that Lender in its notice to the Facility Agent to be its reasonable determination of as 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 OfficeBank. 4. The Additional Cost Rate for any Lender lending from a Facility Office in the United Kingdom will be calculated by the Facility Agent as follows: (a) in relation to a sterling Loan: 100 – (A + C) per cent. per annum; (b) in relation to a Loan in any currency other than domestic sterling: 300 per cent. per annum. Where:

Selection Notice. From: [Borrower] To: [Facility AgentX.X. Xxxxxx Europe Limited] Dated: Dear Sirs Xstrata GFI Mining South Africa (SchweizProprietary) AG – $600,000,000 Multicurrency Limited - US$1,800,000,000 Bridge Loan Facility Agreement dated [ [•] 2005 2006 (the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Loan[s] Loans with an Interest Period ending on [ ]*.* 3. [We request that the above Loan[s] Loans be divided into [ ] Loans of the following amounts and with the following Base Currency Amounts and Interest Periods:]** [We request that the next Interest Period for the above Loan[s] Loans is [ ]].*** 4. This Selection Notice is irrevocable. authorised signatory for [the Company on behalf of] [name of relevant Borrower] * Insert details of all Loans in the same currency which have an Interest Period ending on the same date. ** Use this option if division of 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 Facility 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 Facility 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 Facility Agent. This percentage will be certified by that Lender in its notice to the Facility 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 Facility Agent as follows: (a) in relation to a sterling Loan: 100 – (A + C) per cent. per annum; (b) in relation to a Loan in any currency other than sterling: 300 per cent. per annum. Where:.