AGREEMENT OF EXTENSION IN RELATION TO THE CONDITION PRECEDENT IN CLAUSE 2.1.2 OF THE SALE AGREEMENT
1. | We, the undersigned, refer to the written sale agreement entered into between AngloGold Xxxxxxx Limited (Registration No:1944/017354/06) (“AngloGold”), Harmony Gold Mining Company Limited (Registration No: 1950/038232/06) and Harmony Moab Khotsong Operations Proprietary Limited (previously known as Coreland Property Investment Company Proprietary Limited) (Registration No: 2006/039120/07) (“Harmony Moab Khotsong”), on or about 18 October 2017 (the “Sale Agreement”). |
2. |
3. | In terms of clause 2.8 of the Sale Agreement, the time period stipulated for the fulfilment of the Condition Precedent in clause 2.1.2 of the Sale Agreement may be extended by agreement in writing between AngloGold and Harmony Moab Khotsong on or before the date as stipulated in clause 2.1.2 of the Sale Agreement. |
4. | In light of the aforegoing, AngloGold and Harmony Moab Khotsong hereby agree to extend the time period set out in the Condition Precedent in clause 2.1.2 of the Sale Agreement from “by no later than 15 January 2018” to “by no later than 7 February 2018”. |
5. | This agreement of extension may be executed in one or more counterparts, all of which taken together shall constitute one and the same agreement as at the date of signature of the party that signs its counterpart last in time. |
SIGNED by the parties on the following dates and at the following places respectively:
For: | ANGLOGOLD XXXXXXX LIMITED |
Signature: | /s/ XX Xxxxxx |
who warrants that he / she is duly authorised thereto
Name: | XX Xxxxxx |
Date: | January 12, 2018 |
Place: | Denver |
For: | HARMONY MOAB KHOTSONG OPERATIONS PROPRIETARY LIMITED |
Signature: | /s/ Velile Xxxxxxx Xxxxxx |
who warrants that he / she is duly authorised thereto
Name: | Velile Xxxxxxx Xxxxxx |
Date: | January 12, 2018 |
Place: | Randfontein |
For: | HARMONY MOAB KHOTSONG OPERATIONS PROPRIETARY LIMITED |
Signature: | /s/ Xxxxxx Xxxxx |
who warrants that he / she is duly authorised thereto
Name: | Xxxxxx Xxxxx |
Date: | January 12, 2017 |
Place: | Randfontein |