Harmony Gold Mining Co LTD Sample Contracts
FIRST LOAN AGREEMENTLoan Agreement • November 3rd, 2005 • Harmony Gold Mining Co LTD • Gold and silver ores
Standard Contracts
CONTENTSJoint Venture Agreement • December 23rd, 2002 • Harmony Gold Mining Co LTD • Gold and silver ores
SUBORDINATION AGREEMENTSubordination Agreement • November 3rd, 2005 • Harmony Gold Mining Co LTD • Gold and silver ores
AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY RECEIPTS Deposit Agreement Dated as of August 12, 1996 As Amended and Restated as of October 2, 1996, As Further Amended and Restated as of September 15, 1998Deposit Agreement • November 30th, 2004 • Harmony Gold Mining Co LTD • Gold and silver ores • New York
Exhibit A to Deposit AgreementDeposit Agreement • November 30th, 2004 • Harmony Gold Mining Co LTD • 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 AGREEMENTSale of Shares Agreement • November 3rd, 2005 • Harmony Gold Mining Co LTD • Gold and silver ores
R97,278,720 TERM LOAN FACILITY AGREEMENT between HISTOPATH PROPRIETARY LIMITED (as Borrower) and HARMONY GOLD MINING COMPANY LIMITED (as Lender)Term Loan Facility Agreement • October 25th, 2013 • Harmony Gold Mining Co LTD • 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, 2011Deposit 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.
AMENDED TRUST DEED OF THE TLHAKANELO EMPLOYEE SHARE TRUST between HARMONY GOLD MINING COMPANY LIMITED and RIANA BISSCHOFFTrust Deed • October 23rd, 2014 • Harmony Gold Mining Co LTD • Gold and silver ores
AMENDED AND RESTATED SALE AGREEMENT between EVANDER GOLD MINES LIMITED and HARMONY GOLD MINING COMPANY LIMITED and TAUNG GOLD SECUNDA (PROPRIETARY) LIMITED (formerly PLURICLOX (PROPRIETARY) LIMITED) and TAUNG GOLD LIMITED and CLIDET NO. 790...Sale Agreement • October 29th, 2012 • Harmony Gold Mining Co LTD • Gold and silver ores
THE AMENDED AND RESTATED TRUST DEED OF THE HARMONY ESOP TRUSTTrust Deed • October 29th, 2020 • Harmony Gold Mining Co LTD • Gold and silver ores
OPTION CANCELLATION AGREEMENT amongst ARMGOLD/HARMONY FREEGOLD JOINT VENTURE (PROPRIETARY) LIMITED and WITWATERSRAND CONSOLIDATED GOLD RESOURCES LIMITED and HARMONY GOLD MINING COMPANY LIMITEDOption Cancellation Agreement • October 24th, 2011 • Harmony Gold Mining Co LTD • Gold and silver ores
SALE OF PROPERTY AGREEMENT entered into between ARMGOLD / HARMONY FREEGOLD JOINT VENTURE COMPANY (PROPRIETARY) LIMITED and BUSINESS VENTURE INVESTMENTS NO 1692 PROPRIETARY LIMITEDSale of Property Agreement • October 25th, 2013 • Harmony Gold Mining Co LTD • Gold and silver ores
FLOW OF FUNDS AGREEMENTFlow of Funds 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 LIMITEDMining 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:
AGREEMENT OF ASSIGNMENTAgreement of Assignment • November 3rd, 2005 • Harmony Gold Mining Co LTD • 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.
NEDBANK LIMITED (REPRESENTED BY ANTON TALJAARD AND CLIVE DONALD STEWART)First Ranking Cession and Pledge • November 3rd, 2005 • Harmony Gold Mining Co LTD • Gold and silver ores
ContractThird Amendment and Restatement Agreement • October 27th, 2017 • Harmony Gold Mining Co LTD • 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)
FIRST ADDENDUM TO THE SUBSCRIPTION, SALE AND SHAREHOLDERS AGREEMENT entered into between HARMONY GOLD MINING COMPANY LIMITED and BUSINESS VENTURE INVESTMENTS NO 1692 PROPRIETARY LIMITED and HISTOPATH PROPRIETARY LIMITED and BUSINESS VENTURE...Subscription, Sale and Shareholders Agreement • October 25th, 2013 • Harmony Gold Mining Co LTD • Gold and silver ores
AGREEMENT OF EXTENSION IN RELATION TO THE CONDITION PRECEDENT IN CLAUSE 2.1.2 OF THE SALE AGREEMENTExtension Agreement • October 25th, 2018 • Harmony Gold Mining Co LTD • Gold and silver ores
JOINT VENTURE AGREEMENTJoint 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);
ADDENDUM TO THE CASHFLOW WATERFALL AGREEMENT between HARMONY GOLD MINING COMPANY LIMITED (Registration No. 1950/038232/06) (in its capacity as Lender and Sponsor) and BUSINESS VENTURE INVESTMENTS NO. 1692 PROPRIETARY LIMITED (Registration No....Cashflow Waterfall Agreement • October 25th, 2013 • Harmony Gold Mining Co LTD • Gold and silver ores
HARMONY SHARED SERVICES AGREEMENT between HARMONY GOLD MINING COMPANY LIMITED and EVANDER GOLD MINES LIMITEDShared Services Agreement • October 29th, 2012 • Harmony Gold Mining Co LTD • Gold and silver ores
SECOND ADDENDUM TO THE SALE AGREEMENTSale 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)
Dated 21 May 2004 HARMONY GOLD MINING COMPANY LIMITED as Issuer and J.P. MORGAN CORPORATE TRUSTEE SERVICES LIMITED as Trustee and JPMORGAN CHASE BANK as Principal Paying, Transfer and Conversion Agent and J.P. MORGAN BANK LUXEMBOURG S.A. as Paying,...Paying, Transfer and Conversion Agency Agreement • October 14th, 2004 • Harmony Gold Mining Co LTD • Gold and silver ores • England
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 LIMITEDNotarial 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 2Facilities Agreement • October 24th, 2011 • Harmony Gold Mining Co LTD • Gold and silver ores
ContractShare Purchase Agreement • October 26th, 2016 • Harmony Gold Mining Co LTD • Gold and silver ores • Queensland
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT REQUEST.
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 2005Agreement for Sale • November 16th, 2005 • Harmony Gold Mining Co LTD • 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 AGREEMENTIntercreditor 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
SUBSCRIPTION AGREEMENT between RANDFONTEIN ESTATES LIMITED HARMONY GOLD MINING COMPANY LIMITED EVANDER GOLD MINES LIMITED ARMGOLD/HARMONY FREEGOLD JOINT VENTURE COMPANY (PROPRIETARY) LIMITED AVGOLD LIMITED ARMGOLD HARMONY JOINT INVESTMENT COMPANY...Subscription Agreement • December 7th, 2007 • Harmony Gold Mining Co LTD • Gold and silver ores
In this Agreement, clause headings are for convenience and shall not be used in its interpretation and, unless the context clearly indicates a contrary intention, -
CONTENTSAcquisition and Disposal Agreement • October 14th, 2004 • Harmony Gold Mining Co LTD • Gold and silver ores
(a private company incorporated in accordance with the laws of South Africa under Registration No. 1997/020158/07 with its principal office at ARM House, 29 Impala Road, Chislehurston. 2146, South Africa)
JOINT VENTURE AGREEMENT between EVANDER GOLD MINES LIMITED and TAUNG GOLD HOLDINGS (PROPRIETARY) LIMITEDJoint Venture Agreement • October 24th, 2011 • Harmony Gold Mining Co LTD • Gold and silver ores
