EFTA01366799.pdf

Amendment #4 Page 370 of 868 188.8..21..Cs!! all Secunty n favor of Senor Lenders Seamy over the $81 OM (maximum amount) first ranlong des to to funded through ne Facility Agreement and entered into between the Convert/ and The Standard I3enk of South Limited. Nedbank of Sixth Arndt Limited end the Imitates' Development Corporation of South Amos Limited is as follows • A special notarial bond and a general :wand bond registered over to entitys present and future movade property Ice an amount of $88 2M plus an additional amount of $17 6M • A mortgage bond registered as a fast mortgage over the entity's rights. bile and interest n ard to the noterel leases over ore leased properties and tetanal servitude over nie senntLde property • The cession of all of the entity's secured property. other Ten restncled property. to the Debt Guarantor as collateral security for the due, proper and author peymeM and performance of the secured ctagations by the Companies Our Vacates agreement with Nedberk of Solt, Africa, Standard Bank ce Soilh Africa Limited and the Irdustnal Development Corporaton of South Atnca Limited, requires net (clewing moos Ne complied with on any Measurement Dote • The HrSIOlt Debt Service Cover Ratio and the Riveted Debt Service Cover Ratio exceeds 1 20.1 • The Loan Life Cover Ratio exceeds 1 20 1 • The Project Life Cover Ratio exceeds 1 35 1 N the Debt Service Cover Ratio s between 1 21 1 and 1 30'.1 dunng the fest two years from scnedded commercial operation date CC.CO1 the Company wit be permated to make Paints/ors easel to 50% of the amount evadable for &nonunion (excess cash after funding of tre debt service reserve account. Me maintenance reserve steads and to companoe with South Ahlall Converses Ad) to the sharehdders of the Company and the remenng 50% shat either be transferred to the Debt Service Reserve Account or be used to repay the Facility N the Debt Service Cover Ratio exceeds 1 30 1 during the hat two years from /cheated CCO date, the Company wa be permitted to make a distnbution equal to 103% of the amount avertable Ice distnbution The I rst Scheduled Measurement Date 'Meng to the above ratios was 31 December 2014, where al ratos were in compliances if the ratio is rot met then a distribution would not be perrrisvble Tnereafter measurements will be performed Nannual/y at each debt repayment date. in MS dollar 2011 2014 Non-current liabilities N arronized cost 74.095061 77,//1,1367 Current liabilities N amortized cost 2039 709 2 143433 76,134,760 80,006,270 F-50 http://cfdocs.btogo.com:27638/cf/drv7/pub/edgar/2015/07/20/0001193125-15-256461/d78... 7/20/2015 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0058327 CONFIDENTIAL SDNY_GM_00204511 EFTA01366799