EFTA01366997.pdf

Amendment #4 Page 568 of 868 Secunty n favor of Senor Lenders Seamy over the $85 IM (maximum annuli) hist ranking debt to to funded through the Facility Agreement and entered into between the Compel,/ and The Standard Bank of South Limited, Nedbank of Sodh Noce Limited and the Industnal Deveepment Corporation of South Alnce Limited is as foilo.vs • A special notarial bond and a general notanal bond registered over the entitys present and future movable properly for an amount of 592 7M plus an additonel amours of 318 5M • A mortgage bond registered as mortgage over the enbty's nghts, tale and interest n and to the notarial leases over the leased properties and notanal servitude over the servitide property • The cession of all of the creels secured property. other Ten restncled property. to the Debt Guarantor as collateral security for the due, doper and pother payment and performance of the secured ctagations by the Companies Our Vacates agreement w4h Nedberk of Sold) Afnca, Standard Bank d Soilh Africa Limited and me Iroustnal Development Corporaton d South Knee Limited requires that folnwing moos are compiled with on any Measurement Dote • The HrSIOlt Debt Service Cover Ratio and the Riveted Debt Service Cower 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 o between 1 21 1 and 1 30'.1 dunng the fast two years from scnedded commerce/ operation date ('COD'). tie Company wit be permated to make *dots/ors equal to 50% of the amount evadable ter distribution (excess cash after fording of tre debt service reserve account. Me maintenance reserve steads and in comptanoe with South Ahlall Converses Ad) to the sharehdders d the Company and the remenng 50% stet ether be transferred to the Debi Service Reserve Account or be used to repay tre Facility N tre Debt Service Covet Ratio exceeds 1 30 1 during the fest two years from /cheated CCO date, the Company wa be pxmitted to make a distnbution equal to 103% of the amount avertable Ice distnbution The I rst Scheduled Measurement Date 'Meng to the above ratos was 31 December 2014. where al rates were in compliances if the ratio rs not met then a disintubon would not be perrrisvble Tnereafter measurements will be performed Di-annually at each debt repayment date. in US doNar 2014 2013 Non-current liabilities N arrortized cost 77,861867 69.678.122 Current liabilities N emanate: cost 2143433 1.555.781 80,006,270 71,213,103 8. Asset retirement obligation an US dollar 2014 2013 epening balance Captaltzed in properly, pant and equipment 402.934 Accretion 17.886 420.@0 F.248 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-0058525 CONFIDENTIAL SDNY GM_00204709 EFTA01366997