IMPORTANT NOTICE
IMPORTANT: You must read the following disclaimer before continuing.
The following disclaimer applies to the attached tender offer memorandum (the “Tender Offer Memorandum”), whether received by email or otherwise received as a result of electronic communication and
you are therefore advised to read this disclaimer page carefully before reading, accessing or making any other use of the Tender Offer Memorandum. In accessing the Tender Offer Memorandum, you agree to be bound
by the following terms and conditions, including any modifications made to them from time to time, each time you receive any information from the Information and Tender Agent, the Joint Dealer Managers
(each as defined below), any
of their respective affiliates or otherwise as a result of such access. Capitalized terms used but not otherwise defined in this disclaimer shall have the meaning given to them in the Tender Offer Memorandum.
Confirmation of your representation:
You have been sent the Tender Offer Memorandum at your request and on the basis that you have confirmed to Barclays Bank PLC, BNP Paribas, Mizuho International plc and RBC Europe Limited
(together, the “Joint Dealer Managers”) and D.F. King & Co., Inc. (the “Information and Tender Agent”), being the sender of the attached, that (i) you are a holder or a beneficial owner of any of the following:
- the U.S.$850,000,000 3.625% Senior Securities due May 14, 2020 guaranteed by Anglo American plc
(CUSIP: 034863AN0 and G0446NAH7); and/or
-
the U.S.$500,000,000 4.450% Senior Securities due September 27, 2020 guaranteed by Anglo American plc
(CUSIP: 034863AD2 and G03762CE2),
(together, the “Securities”) issued by Anglo American Capital plc (the “Company”); (ii) you are not a person to whom it is unlawful to send the Tender Offer Memorandum or to make an invitation under the Tender Offers under
applicable laws
and regulations including the offer and distribution restrictions set out in the Tender Offer Memorandum and (iii) you consent to delivery of the Tender Offer Memorandum by electronic transmission.
You are reminded that the Tender Offer Memorandum has been delivered to you on the basis that you are a person into whose possession the Tender Offer Memorandum may lawfully be delivered in accordance with the laws of the jurisdiction
in which you are located or resident and you may not nor are you authorised to deliver, transmit, forward or otherwise distribute the Tender Offer Memorandum, directly or indirectly, to any other person.
The document has been sent to you in an electronic form. You are reminded that documents transmitted via this medium may be altered or changed during the process of transmission and consequently none of the Company, the Joint Dealer Managers or the Information and Tender Agent or any person who controls, or is a director, officer, employee or agent, of any of them, or any affiliate of any such person, accepts any liability or responsibility whatsoever in respect of any difference between the Tender Offer Memorandum distributed
to you in electronic format and the hard copy version available to you on request from the Information and Tender Agent at the address specified on the back cover of the Tender Offer Memorandum.
The materials relating to the Tender Offers (as defined in the Tender Offer Memorandum) do not constitute, and may not be used in connection with, an offer or solicitation in any place where the Tender Offers or solicitations are not permitted by law. If a jurisdiction requires that the offering be made by a licensed broker or dealer and any of the Joint Dealer Managers or any affiliate thereof
is a licensed broker or dealer in that jurisdiction, the Tender Offers shall be deemed to be made by the relevant Joint Dealer Manager(s) or such affiliate on behalf of the Company in that jurisdiction.
Restrictions
NOTHING IN THIS ELECTRONIC TRANSMISSION
OR THE TENDER OFFER MEMORANDUM CONSTITUTES AN OFFER TO PURCHASE SECURITIES OR THE SOLICITATION OF AN OFFER TO SELL SECURITIES IN ANY JURISDICTION IN WHICH SUCH OFFER OR SOLICITATION WOULD BE UNLAWFUL.
THE DISTRIBUTION OF THE ATTACHED TENDER OFFER MEMORANDUM IN CERTAIN JURISDICTIONS MAY BE RESTRICTED BY LAW. PERSONS INTO WHOSE POSSESSION
THE ATTACHED TENDER OFFER MEMORANDUM COMES ARE REQUIRED BY THE COMPANY, THE JOINT DEALER MANAGERS AND THE INFORMATION AND TENDER AGENT TO INFORM THEMSELVES ABOUT, AND TO OBSERVE, ANY SUCH RESTRICTIONS.
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 Offer to Purchase may be lawfully delivered in accordance
with the laws of the jurisdiction in which you are located. If you
are not a Person with Interest in 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.
