Gold Fields Orogen Holding (BVI) Limited IMPORTANT NOTICE IMPORTANT: You
must read the following disclaimer before continuing. The following disclaimer applies to the consent solicitation memorandum dated [ ] 2015 (the “Solicitation Memorandum”), whether received by e-mail or otherwise received as a
result of electronic or other communication and you are therefore advised to
read this disclaimer page carefully before reading, accessing or making any
other use of the Solicitation Memorandum. In accessing
the Solicitation Memorandum, you shall be deemed (in addition to giving the
representations below) to agree to be bound by the following terms and
conditions, including any modifications to them from time to time, each time
you receive any information from us as a result of such access. Capitalised
terms used but not otherwise defined in this disclaimer shall have the meanings
given to them in the Solicitation Memorandum. Confirmation of Your Representation: The Solicitation Memorandum was sent at your
request and, by accessing the Solicitation Memorandum, you shall be deemed (in
addition to the above) to have represented to Gold Fields Orogen Holding (BVI)
Limited (the “Issuer”), Gold Fields
Limited, Sibanye Gold Limited (formerly known as GFI Mining South Africa
(Proprietary) Limited) (“Sibanye”), Gold Fields Operations Limited and
Gold Fields Holdings Company (BVI) Limited (each, a “Guarantor”, and
together, the “Guarantors”), D.F. King as information and tabulation agent
(the “Information and Tabulation
Agent”) and/or J.P. Morgan Securities plc as solicitation agent (the “Solicitation
Agent”) that (i) you are a holder or a Beneficial Owner of the Notes, (ii)
you shall not pass on the Solicitation Memorandum to third parties or otherwise
make the Solicitation Memorandum publicly available, (iii) you are not a person
to or from whom it is unlawful to send the attached Solicitation Memorandum or
to solicit Consents under the Consent Solicitation described herein under
applicable laws, (iv) you have understood and agree to the terms set out herein
and (iv) you consent to delivery of the Solicitation Memorandum by electronic
transmission. The communication of the
Solicitation Memorandum by the Issuer and any other documents or materials
relating to the Consent Solicitation is not being made, and such documents
and/or materials have not been approved, by an authorised person for the purposes
of section 21 of the Financial Services and Markets Act 2000 (the “FSMA”).
Accordingly, such documents and/or materials are not being distributed
to, and must not be passed on to, the general public in the United Kingdom. Such documents and/or materials are
only directed at and may only be communicated to (1) any person within Article
43(2) of the Financial Services and Markets Act 2000 (Financial Promotion)
Order 2005 (which includes a creditor or member of the Issuer), and (2) any other
persons to whom these documents and/or materials may lawfully be communicated
in circumstances where section 21(1) of the FSMA does not apply. Nothing in
this electronic transmission constitutes or contemplates an offer to buy or the
solicitation of an offer to sell securities in the United States or in any
other jurisdiction. The Solicitation
Memorandum does not constitute, and may not be used in connection with, an
offer or Consent Solicitation in any place where offers or consent
solicitations are not permitted by law. If a jurisdiction requires that the
Consent Solicitation be made by a licensed broker or dealer and the
Solicitation Agent or any of its affiliates is such a licensed broker or dealer
in that jurisdiction, the Consent Solicitation shall be deemed to be made by
the Solicitation Agent or such affiliate, as the case may be, on behalf of the
Issuer in such jurisdiction where it is so licensed and the Consent
Solicitation is not being made in any such jurisdiction where the Solicitation Agent
or one of its affiliates is not so licensed. The distribution of the Solicitation Memorandum in
certain jurisdictions may be restricted by law. Persons into whose possession
the Solicitation Memorandum comes are required by the Issuer, the Guarantors, the
Solicitation Agent and the Information and Tabulation Agent to inform
themselves about, and to observe, any such restrictions. The Solicitation Memorandum has been sent to you in
an electronic form and has been made available on this website. You are reminded
that documents transmitted via this medium may be altered or changed during the
process of transmission and consequently none of the Issuer, the Guarantors,
the Solicitation Agent, Citicorp Trustee Company Limited (the “Trustee”)
and/or the Information and Tabulation Agent or any person who controls,
or is a director, officer, employee or agent of, the Issuer, the Guarantors,
the Solicitation Agent, the Trustee and/or the Information and Tabulation
Agent, nor any affiliate of any such person accepts any liability or
responsibility whatsoever in respect of any difference between the Solicitation
Memorandum distributed to you in electronic format and made available on this
website and the hard copy version available to you on request from the Solicitation
Agent and/or the Information and Tabulation Agent. The delivery of the Solicitation Memorandum shall
not, under any circumstances, create any implication that the information
contained therein is correct and/or current as of any time subsequent to the
date of the Solicitation Memorandum. The Solicitation Memorandum is solely
directed at the Beneficial Owners of the Notes in those jurisdictions where the
Solicitation Memorandum may be lawfully directed to them. You are reminded that the Solicitation Memorandum
has been made available on this website to you on the basis that you are a
person into whose possession the Solicitation Memorandum may be lawfully
delivered in accordance with the laws of the jurisdiction in which you are
located and you may not nor are you authorised to deliver the Solicitation
Memorandum to any other person. If you are not the named addressee to which the
Solicitation Memorandum has been delivered, please notify the sender
immediately and destroy the Solicitation Memorandum. If you have recently sold or otherwise transferred
your entire holding(s) of the Notes, you should immediately forward the
Solicitation Memorandum to the purchaser or transferee, or to the stockbroker,
bank or other agent through whom the sale or transfer was effected, for
transmission to the purchaser or transferee, but if and only if you are
permitted to do so by applicable law, and subject to the restrictions set out
on this page. The Solicitation Memorandum contains important
information which should be read carefully before any decision is made with
respect to the Proposals (as defined herein). If
any Noteholder is in any doubt as to the action it should take, it is
recommended to seek its own financial advice, including as to any tax
consequences, from its stockbroker, bank manager, solicitor, accountant,
independent financial adviser authorised under the FSMA (if in the United
Kingdom) or other appropriately authorised financial advisor. Any individual or
company whose Notes are held on its behalf by a broker, dealer, bank,
custodian, trust company or other nominee must contact such entity if it wishes
to participate in the Consent Solicitation. THE SOLICITATION MEMORANDUM HAS NOT BEEN FILED WITH
OR REVIEWED BY ANY SECURITIES COMMISSION OR REGULATORY AUTHORITY OF ANY
COUNTRY, NOR HAS ANY SUCH COMMISSION OR AUTHORITY PASSED UPON THE ACCURACY OR
ADEQUACY OF THE SOLICITATION MEMORANDUM. ANY REPRESENTATION TO THE CONTRARY IS
UNLAWFUL AND MAY BE A CRIMINAL OFFENCE IN THAT COUNTRY. By clicking "I AGREE"
below, you acknowledge that you are a person with interest in the
Notes entitled to view the contents of
this website and you acknowledge and agree to the terms and
conditions set forth above. Specifically, by clicking "I AGREE"
below, you acknowledge that you are a person into whose possession
the Solicitation Memorandum may be lawfully delivered in accordance
with the laws of the jurisdiction in which you are located. If you
are not a holder or a beneficial holder of the Notes, or you do not so acknowledge and agree, you are not
entitled to enter website. If this is the case you must leave the
website by clicking "I DISAGREE" below. |