0001205613-16-000327 Sample Contracts

Contract
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.

Sample 1
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INTERCREDITOR AGREEMENT
Intercreditor 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

Sample 1
LOAN AGREEMENT
Loan Agreement • October 26th, 2016 • Harmony Gold Mining Co LTD • Gold and silver ores

THE TRUSTEES FOR THE TIME BEING OF THE ARM BROAD-BASED ECONOMIC EMPOWERMENT TRUST, a trust established in accordance with the laws of the Republic of South Africa with Master’s Reference IT4713/06 (the Borrower); and

Sample 1
Subordination Agreement
Harmony Gold Mining Co LTD • October 26th, 2016 • Gold and silver ores

Nedbank Limited (acting through its Corporate and Investment Banking division) (as Original Lender, Arranger and Facility Agent)

Sample 1
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