Required Documents. Nedbank GAPACCESS

Transcription

1 Nedbank GAPACCESS Please note that to successfully submt your applcat for GAP Access, the followng documents need to accompany your submss Requred Documents Applcat form Surety form Martal status form Motvatal letter Persal assets and labltes Memorandum of ncorporat 70% pro-forma nvoce/quotat

2 MARITAL STATUS DECLARATION The Clent records that, for purposes of ths documentat and n accordance wth sect 63 of the Act, the Clent has chosen (Englsh/Sotho/Xhosa/Zulu) as the Clent's preferred language for communcat and correspdence. The documentat sgned by the Clent and whch s legally bndng s n Englsh. The Clent also acknowledges that ths documentat has been explaned to the Clent n a language the Clent understands. NOTE: Please complete n BLOCK LETTERS Tck ( ) applcable block(s) and complete where necessary PART A Declarat by debtor/surety/cedent/pledgor to Nedbank Lmted 1 I, (full names), dentty number, hereby declare that: a I am sngle. b I am marred to (full names of spouse), dentty number, whch marrage s n communty of property; out of communty of property (wth*/wthout* accrual); (*delete whchever s not applcable) governed by the laws of ; (state country f outsde RSA) v other (state type of marrage) 2 I undertake to advse you of any change to my matrmal property system, whenever ths takes place, but n any event f such change has been effected, pror to any further dealngs wth your bank. Date WITNESSES: (ddmmyyyy) Sgnature of declarant Wtness 1 Wtness 2 PART B CONSENT BY SPOUSE (*delete whchever s not applcable) I, (full names), the spouse of the abovenamed debtor*/surety*/cedent*/pledgor*, hereby unreservedly csent to my spouse: bndng hmself*/herself* as surety to Nedbank Lmted n an amount of (amount) for facltes granted to the form usually used by Nedbank Lmted for ths purpose; (name of clent) enterng as a clent nto a credt agreement n the form usually used by Nedbank Lmted for ths purpose; provdng Nedbank Lmted wth collateral securty n support of the credt agreement*/suretyshp*/ cess*/pledge* entered nto between Nedbank Lmted and my spouse n the form Date WITNESSES: (ddmmyyyy) Sgnature of declarant s spouse Wtness 1 Wtness 2 Nedbank Lmted Reg No 1951/000009/06. Authorsed fnancal servces and regstered credt provder (NCRCP16). Page 1 of 1 MartalStatusDeclarat 8 32 ENG.dot 24Jun14 SD2

3 GAP ACCESS APPLICATION FORM Please complete ths form n BLOCK letters and fax t to / If you have any quests ccernng your GAP Access advance, please phe the Nedbank Ctact Centre In terms of the Fnancal Intellgence Centre Act (FICA), 38 of 2001, you are requred to dentfy yourself and provde us wth documents that wll enable us to verfy your persal and/or busness detals, falng whch we wll be unable, by law, to enter nto a busness relatshp wth you and wll not be n a post to hand over the card to you. 1 PRODUCT REQUIREMENTS For enttes that have a mnmum annual busness turnover of between R 1 mll and R10 mll, that have been n busness for a mnmum of two years and that have a mnmum acqurng relatshp of e year wth Nedbank [Note: Ths excludes sole propretors and trusts wth less than three trustees]: Reas for the advance Daly repayment percentage Purchase prce (amount advanced) Estmated term R Futures fee VAT Futures fee Admnstrat fee Repurchase amount total Please submt the followng documents wth your applcat: Memorandum of ncorporat Quote/Invoce demstratng the ntended use of funds up to 70% of the advance value Statement of persal assets and labltes Letter of suretyshp from drectors or members Martal status declarat 2 BUSINESS DETAILS Regstered name of busness Busness regstrat date Tradng name Number of years as a Nedbank merchant Busness regstrat no Busness VAT no Number of years n busness Nedbank merchant number/s Nature of busness Fnancal year-end (ddmm) Prncpal country of busness Type of busness: Persal lablty Foregn company (Please supply a certfed copy of the certfcate of ncorporat.) State-owned Close corporat Publc Prvate N-proft Trust Other (specfy) Number of trustees (mnmum of three requred) Tax oblgats outsde South Afrca Yes No What s your preferred language? Englsh Afrkaans If for some reas t s not possble for Nedbank to communcate wth you n your preferred language, we wll communcate wth you n Englsh. If a company, s the company a rng-fenced company? Yes No 3 BUSINESS CONTACT DETAILS Regstered busness address Suburb Cty Postcode Country Postal address Suburb Cty Postcode Country Physcal address Suburb Cty Postcode Country Tel Fax Emal COMPANY BANKING DETAILS Bank name Branch name Branch code Account no Account type 4 BUSINESS FINANCIAL INFORMATION Nedbank Ltd Reg No 1951/000009/06. Authorsed fnancal servces and regstered credt provder (NCRCP16). Page 1 of 3 GapAccessApplcat.doc 19Oct15 SD2

4 Source of funds Busness proceeds Shareholdng n other legal entty Court order Sale of other assets Commss Other If 'Other' specfy Annual gross busness turnover R R POS turnover R R Annual net proft R Current mthly busness expendture R Net busness assets R 5 ACCOUNT STRUCTURE AND PAYMENTS Your merchant advance statement wll be generated at the end of every mth. Statements must be sent to: Busness Statements must be sent by: Emal Drect post Nedbank may use a method of communcat other than that preferred by you as well as your persal nformat to market ts products to you, ncludng electrc marketng and telesales, untl you gve an nstruct to the ctrary. Yes No 6 CONFIRMATION You cfrm that: Nedbank has explaned ths applcat form, the product and costs, where applcable, to you and that you fully understand the ctents thereof and that you are completng t of your own free wll; you have fully and truthfully answered all quests and respded to requests for nformat as part of the assessment process, and that you are not aware of any other nformat that may affect ths applcat negatvely; Nedbank may undertake dentty and fraud prevent checks and share nformat relatng to ths applcat wth South Afrcan Fraud Prevent Servces; and all csents provded n ths document wll survve any ctractual relatshp that you have wth Nedbank, unless you provde Nedbank wth wrtten notce that you have cancelled such csents. 7 AUTHORISED SIGNATORY You warrant that: the authorsed sgnatory/sgnatores below are duly authorsed by the busness to sgn the applcat and to bnd the busness as coprncpal debtor to the agreed account lablty structure; the company/close corporat s solvent; the company/close corporat s not fnancally dstressed; the board of drectors of the company/members of the close corporat have not resolved to commence busness rescue proceedngs; no steps n antcpat of busness rescue proceedngs have been taken or have been threatened by any party, whether related to the company/close corporat or not; and there are no provss n the company's artcles of assocat/memorandum of ncorporat that cflct wth the Companes Act, 71 of 2008 (as amended from tme to tme), and that the company's artcles of assocat/memorandum of ncorporat comply/comples wth the provss of the sad act. The busness agrees to provde Nedbank wth a resolut ssued by the busness cfrmng ts appontment of authorsed sgnatores should ths be requred at any tme durng the card agreement. The authorsed sgnatory/sgnatores cfrm(s) that he/she/they has/have read and understand(s) the terms and cdts of use, and that he/she/they understand(s) and apprecate(s) the costs nherent n the agreement and the busness's rghts under the agreement. You hereby csent to nformat beng provded to thrd partes that Nedbank has ctracted wth to facltate the value-added benefts ncluded n ths product. You must submt the followng together wth ths applcat form: a certfed copy of the company's memorandum of ncorporat or the foundng documents of the close corporat, and certfed copes of all specal resoluts passed by the company or the close corporat. You hereby warrant that you have fully and truthfully answered all quests and respded to requests for nformat as part of ths assessment process. Please tck the applcable statement below: Only e authorsed sgnature s requred any documentat related to the card agreement n order to bnd the busness to the applcable terms and cdts of use. (Only complete 'Authorsed sgnatory 1' below.) One of two authorsed sgnatures s requred any documentat related to the card agreement n order to bnd the busness to the applcable terms and cdts of use. (Complete 'Authorsed sgnatory 1' and 'Authorsed sgnatory 2' below.) Two authorsed sgnatures are requred any documentat related to the card agreement n order to bnd the busness to the applcable terms and cdts of use. (Complete 'Authorsed sgnatory 1' and 'Authorsed sgnatory 2' below.) Authorsed sgnatory 1 Ttle Frst name(s) Surname Identty no Date of brth Country of brth If not a South Afrcan ctzen: Natalty Passport no Do you have multple nataltes? Yes No If 'Yes', provde addtal natalty Do you have foregn-ctzenshp tax oblgats? Yes No Post held n busness Resdental address Suburb Cty Postcode Country Sgnature Authorsed sgnatory 2 Ttle Frst name(s) Surname Nedbank Ltd Reg No 1951/000009/06. Authorsed fnancal servces and regstered credt provder (NCRCP16). Page 2 of 3 Date (ddmmyyyy) GapAccessApplcat.doc 19Oct15 SD2

5 Identty no Date of brth Country of brth If not a South Afrcan ctzen: Natalty Passport no Do you have multple nataltes? Yes No If 'Yes', provde addtal natalty Do you have foregn-ctzenshp tax oblgats? Yes No Post held n busness Resdental address Suburb Cty Postcode Country Sgnature Date (ddmmyyyy) 8 RESOLUTION Extract from the mnutes of a meetng of the drectors/members/trustees/partners, etc of ('the busness') held at / / Place Day Mth Year resolved that (full names) n hs/her capacty as (desgnat) and/or (full names) n hs/her capacty as (desgnat) be authorsed to complete and sgn ths document, as well as any other subsequent documents submtted to Nedbank, behalf of the busness. Full names Identty no If not a South Afrcan ctzen or resdent: Natalty Passport no Resdental address Suburb Cty Postcode Tel Fax Cell Emal Sgnature / / Capacty (eg Charman/Company Secretary/Drector/Member/Trustee/Partner) Day Mth Year 9 BANK USE ONLY Please fax ths form to Date Clent CIS no DCAR no Banker/Sales csultant name Banker/Sales csultant employee no Banker/Sales csultant branch no Key account manager name FICA documents obtaned? Yes No Key account manager employee no Nedbank Ltd Reg No 1951/000009/06. Authorsed fnancal servces and regstered credt provder (NCRCP16). Page 3 of 3 GapAccessApplcat.doc 19Oct15 SD2

6 SHIP (INCORPORATING CESSION OF CLAIMS) Indvdual/Sole Propretor The Clent records that, for purposes of ths documentat and n accordance wth sect 63 of the Act, the Clent has chosen (Englsh/Sotho/Xhosa/Zulu) as the Clent's preferred language for communcat and correspdence. The documentat sgned by the Clent and whch s legally bndng s n Englsh. The Clent also acknowledges that ths documentat has been explaned to the Clent n a language the Clent understands. In csderat of any ndebtedness ncurred or to be ncurred by: (Full name of prncpal debtor) (hereafter referred to as the prncpal debtor ) to Nedbank Lmted Reg No 1951/000009/06 t s hereby agreed as follows: 1 I, the undersgned: (Full name and ID number of surety/name and regstrat number of company of surety) (Physcal address of surety) bnd myself, jontly and severally, as surety and coprncpal debtor n soldum (whch means, where there are several suretes, each s lable n full) for the repayment demand of all amounts whch the prncpal debtor may now or at any tme hereafter owe Nedbank Lmted Reg No 1951/000009/06, ts successors n ttle or assgns (hereafter referred to as Nedbank ), provded that the total amount to be recovered from me hereunder shall not exceed n aggregate the sum ( my oblgat ) (Amount) plus nterest, dscount commss, commss, legal costs the attorney and clent scale, and all other necessary and usual charges and expenses. 2 My oblgat may arse from a drect or ndrect lablty ncurred by the prncpal debtor ndvdually or jontly wth others, or by any partnershp, frm, busness or ccern n whch the prncpal debtor has or holds or may have held or may hereafter have or hold an nterest, and may arse from meys lent and advanced or to be lent and advanced, promssory notes, drafts or blls of exchange (accepted or endorsed) or by reas of any jont or ndvdual suretyshp, guarantee, ndemnty or bd sgned by the prncpal debtor n favour of Nedbank, or gven by Nedbank for and behalf of the prncpal debtor, or pursuant to any cess or assgnment from thrd partes or otherwse n any manner whatsoever. 3 It shall always be n Nedbank s dscret to determne the extent, nature and durat of any bankng facltes to be allowed the prncpal debtor and all admsss or acknowledgements of ndebtedness by the prncpal debtor shall bnd me. 4 Ths suretyshp s uncdtal and there are no cdts precedent suspendng ts operat. 5 Nedbank shall be enttled wthout prejudce to ts rghts hereunder to gve tme to, compound wth, release from lablty or make any other arrangements wth the prncpal debtor or any pers who s a surety for and/or coprncpal debtor wth the prncpal debtor ( Cosurety ), and to release n whole or n part any securty gven to Nedbank by any Cosurety or other pers n respect of the prncpal debtor s ndebtedness and/or my oblgat and/or the ndebtedness of any Cosurety hereunder. Such act shall not exerate me from my oblgat. 6 The nature and amount of my oblgat, as well as the nterest rate payable n respect thereof, shall be determned and proved by a certfcate purportng to have been sgned by a manager or accountant for the tme beng of any branch or the headoffce of Nedbank, whose capacty or authorty t wll not be necessary to prove [or any other form of evdence ctemplated n sect 169(3) of the Natal Credt Act, 2005, f applcable]. Ths certfcate or other form of evdence, as the case may be, wll up the mere product thereof be bndng me and be proof of the ctents of such certfcate the face of t and of the fact that such amount s due and payable n any legal proceedngs aganst me, and wll be vald as a lqud document aganst me n any competent court. 7 In the event of my or the prncpal debtor s nsolvency/lqudat, I shall be lable to Nedbank, f Nedbank proves a clam n my or the prncpal debtor s nsolvent estate/lqudat, for all costs and expenses of mantanng, cservng and/or realsng any securty whch Nedbank may hold for such clam, and for all amounts whch may become payable by Nedbank to the trustee/lqudator n csequence of ts provng such clam. 8 In the event of the prncpal debtor s nsolvency/lqudat or the assgnment of the prncpal debtor s estate or a compromse wth the prncpal debtor or the callng up of the prncpal debtor s bankng facltes: 8.1 any dvdends or other payments receved by Nedbank shall not go n dscharge of the prncpal debtor s lablty to Nedbank; and 8.2 Nedbank shall, notwthstandng such dvdends or other payments, be enttled to recover from me under ths suretyshp to the full amount as stated above any nterest and costs or so much thereof as shall together wth such dvdends or other payments amount to 100 cents n the rand the debt due by the prncpal debtor to Nedbank; and 8.3 my oblgat shall carry nterest, at the rate of nterest charged by Nedbank to the prncpal debtor mmedately pror to the date of such callup, nsolvency/lqudat, assgnment or compromse, untl the date of payment by me, Nedbank beng hereby authorsed rrevocably to apply any meys receved by t from me to such debt or debts of the prncpal debtor as and when Nedbank n ts dscret may thnk ft. 9 As collateral securty for the dscharge of my oblgat, I hereby cede, assgn and make over to Nedbank all my rght, ttle and nterest n and to each and every sum or sums of mey now owng or hereafter to become owng by the prncpal debtor to me n respect of meys lent and advanced to the prncpal debtor ( clams ), whch I hereby rrevocably undertake not to wthdraw from the prncpal debtor wthout the pror Nedbank Lmted Reg No 1951/000009/06. Authorsed fnancal servces and regstered credt provder (NCRCP16). Page 1 of 2 Intal: Suretyshp - Indvdual 8 1 NED ENG.dot 30Jan14 SD2

7 wrtten csent of Nedbank. I further agree that, f pror to sgnng ths suretyshp I ceded my rght, ttle and nterest n and to the clams to any other natural or jurstc pers, ths cess shall be a cess of all my reversary rghts n and to the clams after payment of all amounts secured by the pror cess(s) or after the pror cessary/cessares, for any reas or n any manner, has/have lost, abanded or relnqushed any rghts thereunder. 10 Any meys pad by me to Nedbank under ths suretyshp may, n Nedbank s dscret, be treated as cash securty held by Nedbank untl Nedbank recovers the prncpal debtor s ndebtedness n full. 11 I renounce the beneft of excuss (benefcum ordns seu excusss), whch means that I am no lger enttled to clam that Nedbank frst exhausts ts remedes aganst the prncpal debtor before proceedng aganst me n terms of ths suretyshp. I also renounce the beneft of dvs (benefcum dvss), whch means that I am no lger enttled to clam that my oblgat be dvded proportately between me, any Cosuretes and the prncpal debtor. 12 I also renounce, to the extent not prohbted by the Natal Credt Act, 2005, the legal except of n numeratae pecunae, whch means that I am no lger enttled to clam that no meys were n fact pad over to the prncpal debtor, the legal except of n causa debt, whch means that I am no lger enttled to clam that the prncpal debt for whch I undertook lablty does not exst, the legal except of errore calcul, whch means that I am no lger enttled to clam that the amount clamed has been ncorrectly calculated and the legal except of revs of accounts, whch means that I am no lger enttled to clam that Nedbank revses ts accounts n respect of my or the prncpal debtor s ndebtedness. I also renounce all other excepts whch mght or could be pleaded n defence to the payment of my oblgat or any part thereof, wth the force and effect of whch excepts I declare myself to be fully acquanted. 13 Ths suretyshp csttutes the whole of the agreement between me and Nedbank relatng to the subject matter thereof, and no amendment, alterat, addt, varat or csensual cancellat wll be of any force or effect, unless reduced to wrtng and sgned by both me and Nedbank. 14 No waver of any of the terms and cdts of ths suretyshp shall be bndng for any purpose, unless expressed n wrtng and sgned by the party gvng the same, and any such waver shall be effectve ly n the specfc nstance and for the purpose gven. 15 Nether Nedbank nor any other pers has made or gven any warrantes, promses or representats whatsoever to me to sgn ths suretyshp and to bnd myself to the terms hereof. 16 I agree that ths suretyshp s n addt and wthout prejudce to any other securtes, ncludng other suretyshps provded or to be provded by myself and/or other suretes, now or n the future held from or behalf of the prncpal debtor and that t shall reman n force as a ctnung coverng securty for all and any sum or sums of mey whch may now or n the future be owng to or clamable by Nedbank from any cause aforemented and any other cause of whatever nature, notwthstandng any fluctuat n, or temporary extnct of, the prncpal debtor s ndebtedness to Nedbank from tme to tme, and notwthstandng my death or legal dsablty. 17 I acknowledge that I may ly be released from my oblgats hereunder up wrtten notce from me to Nedbank or from my executors, trustees or other legal representatves, as the case may be, requestng Nedbank to release me from ths suretyshp, provded that such termnat shall ly come nto effect up recept by me of wrtten notce from Nedbank acknowledgng that ths suretyshp has been termnated, and when that part of my oblgat already due or accrung at the date of recept of such notce, together wth nterest and costs there, has been pad. 18 Nedbank has the rght at any tme and from tme to tme, wthout my or the prncpal debtor s csent, to cede, assgn and transfer all or any of ts rghts, ttle and nterest n and to ths suretyshp to and n favour of thrd partes. The aforesad rght ncludes the rght to delegate any oblgat of ths suretyshp wth the necessary changes. To the extent that any cess, assgnment, transfer or delegat aforemented csttutes or results n a splttng of clams that requres my csent, I hereby csent thereto. 19 Ths suretyshp shall be governed by South Afrcan laws and s subject to the jursdct of South Afrcan courts. In terms of sect 45 of the Magstrates' Courts Act, 1944, and at the opt of Nedbank any clam arsng hereunder may be recovered n any magstrate's court havng jursdct, and I hereby csent to the jursdct of the magstrate's court. 20 Nedbank must gve legal notce to me at the address set out n clause 1 above or at the address most recently provded by me to Nedbank n wrtng, provded that I delver to Nedbank a wrtten notce of the new address by hand or by regstered mal. Unless otherwse provded by legslat, a notce, order or other document that must be served me wll have been properly served when t has been ether delvered to me or sent by regstered mal to my last known address. 21 Each paragraph and clause n ths suretyshp s separate and severable, the e from the other, notwthstandng the manner n whch they may be lnked together or grouped grammatcally, and f any paragraph or clause s to be found defectve or unenforceable for any reas, the remanng paragraphs or clauses, as the case may be, wll nevertheless be and ctnue to be of full force and effect. 22 Ths suretyshp document s and shall at all tmes, subject to clause 18, reman the property of Nedbank. 23 Nedbank has the rght at any gven tme and from tme to tme, wthout my csent, to cede, assgn and transfer all or any of ts rghts, ttle and nterest n and to ths suretyshp, as well as any other securty of whatsoever nature held by Nedbank n respect of the ndebtedness of the prncpal debtor to and n favour of any thrd party or partes, whether natural, jurstc or of any other knd or nature. The aforesad rght ncludes the rght to delegate any oblgat n terms of ths suretyshp or other securty, wth the necessary changes. To the extent that any cess, assgnment, transfer or delegat aforemented csttutes or results n a splttng of clams that requres my csent, I csent thereto. 24 All payments n terms of ths suretyshp wll be made n South Afrcan currency, wthout setoff or deduct of any knd and free of exchange, bank costs and other charges wherever Nedbank may at any tme n wrtng drect. 25 THIS SHIP WAS COMPLETE IN ALL RESPECTS WHEN I SIGNED IT. Sgned at WITNESSES TO S SIGNATURE (Sgnature) (Sgnature) (Sgnature) (Name) (Name) (Name) Nedbank Lmted Reg No 1951/000009/06. Authorsed fnancal servces and regstered credt provder (NCRCP16). Page 2 of 2 Intal: Suretyshp - Indvdual 8 1 NED ENG.dot 30Jan14 SD2

8 SHIP (INCORPORATING CESSION OF CLAIMS) Company/Close Corporat/Trust/Partnershp/Assocat/ Body Corporate/Cross Suretyshp The Clent records that, for purposes of ths documentat and n accordance wth sect 63 of the Act, the Clent has chosen (Englsh/Sotho/Xhosa/Zulu) as the Clent's preferred language for communcat and correspdence. The documentat sgned by the Clent and whch s legally bndng s n Englsh. The Clent also acknowledges that ths documentat has been explaned to the Clent n a language the Clent understands. In csderat of any ndebtedness ncurred or to be ncurred by: [Full name(s) of prncpal debtor(s)] (collectvely and ndvdually referred to as the prncpal debtor ) to Nedbank Lmted Reg No 1951/000009/06 t s hereby agreed as follows: 1 We, the undersgned: (Full names and ID numbers of suretes/name and regstrat number of company of suretes) (Physcal address of suretes) bnd ourselves, jontly and severally, as suretes and coprncpal debtors n soldum (whch means, where there are several suretes, each s lable n full) for the repayment demand of all amounts whch the prncpal debtor may now or at any tme hereafter owe Nedbank Lmted Reg No 1951/000009/06, ts successors n ttle or assgns (hereafter referred to as Nedbank ), provded that the total amount to be recovered from us hereunder shall not exceed n aggregate the sum ( our oblgat ) (Amount) Nedbank Lmted Reg No 1951/000009/06. Authorsed fnancal servces and regstered credt provder (NCRCP16). Page 1 of 6 Intal: Suretyshp - Jurstc 8 1 NED ENG.dot 30Jan14 SD2

9 plus nterest, dscount commss, commss, legal costs the attorney and clent scale, and all other necessary and usual charges and expenses. 2 Our oblgat may arse from a drect or ndrect lablty ncurred by the prncpal debtor ndvdually or jontly wth others, or by any partnershp, frm, busness or ccern n whch the prncpal debtor has or holds or may have held or may hereafter have or hold an nterest, and may arse from meys lent and advanced or to be lent and advanced, promssory notes, drafts or blls of exchange (accepted or endorsed) or by reas of any jont or ndvdual suretyshp, guarantee, ndemnty or bd sgned by the prncpal debtor n favour of Nedbank, or gven by Nedbank for and behalf of the prncpal debtor, or pursuant to any cess or assgnment from thrd partes or otherwse n any manner whatsoever. 3 It shall always be at Nedbank s dscret to determne the extent, nature and durat of any bankng facltes to be allowed the prncpal debtor and all admsss or acknowledgements of ndebtedness by the prncpal debtor shall bnd us. 4 Ths suretyshp s uncdtal and there are no cdts precedent suspendng ts operat. 5 Nedbank shall be enttled wthout prejudce to ts rghts hereunder to gve tme to, compound wth, release from lablty or make any other arrangements wth the prncpal debtor or any pers who s a surety for and/or coprncpal debtor wth the prncpal debtor ( Cosurety ), and to release n whole or n part any securty gven to Nedbank by any Cosurety or other pers n respect of the prncpal debtor s ndebtedness and/or our oblgat and/or the ndebtedness of any Cosurety hereunder. Such act shall not exerate us from our oblgat. 6 The nature and amount of our oblgat, as well as the nterest rate payable n respect thereof, shall be determned and proved by a certfcate purportng to have been sgned by a manager or accountant for the tme beng of any branch or the headoffce of Nedbank, whose capacty or authorty t wll not be necessary to prove [or any other form of evdence ctemplated n sect 169(3) of the Natal Credt Act, 2005, f applcable]. Ths certfcate or other form of evdence, as the case may be, wll up the mere product thereof be bndng us and be proof of the ctents of such certfcate the face of t and of the fact that such amount s due and payable n any legal proceedngs aganst us, and wll be vald as a lqud document aganst us n any competent court. 7 In the event of our or the prncpal debtor s nsolvency/lqudat, we shall be lable to Nedbank, f Nedbank proves a clam n our or the prncpal debtor s nsolvent estate/lqudat, for all costs and expenses of mantanng, cservng and/or realsng any securty whch Nedbank may hold for such clam, and for all amounts whch may become payable by Nedbank to the trustee/lqudator n csequence of ts provng such clam. 8 In the event of the prncpal debtor s nsolvency/lqudat or the assgnment of the prncpal debtor s estate or a compromse wth the prncpal debtor or the callng up of the prncpal debtor s bankng facltes: 8.1 any dvdends or other payments receved by Nedbank shall not go n dscharge of the prncpal debtor s lablty to Nedbank; and 8.2 Nedbank shall, notwthstandng such dvdends or other payments, be enttled to recover from us under ths suretyshp to the full amount as stated above any nterest and costs or so much thereof as shall together wth such dvdends or other payments amount to 100 cents n the rand the debt due by the prncpal debtor to Nedbank; and 8.3 our oblgat shall carry nterest, at the rate of nterest charged by Nedbank to the prncpal debtor mmedately pror to the date of such callup, nsolvency/lqudat, assgnment or compromse, untl the date of payment by us, Nedbank beng hereby authorsed rrevocably to apply any meys receved by t from us to such debt or debts of the prncpal debtor as and when Nedbank n ts dscret may thnk ft. 9 As collateral securty for the dscharge of our oblgat, we hereby cede, assgn and make over to Nedbank all our rght, ttle and nterest n and to each and every sum or sums of mey now owng or hereafter to become owng by the prncpal debtor to us n respect of meys lent and advanced to the prncpal debtor ( clams ), whch we hereby rrevocably undertake not to wthdraw from the prncpal debtor wthout the pror wrtten csent of Nedbank. We further agree that, f pror to sgnng ths suretyshp we ceded our rght, ttle and nterest n and to the clams to any other natural or jurstc pers, ths cess shall be a cess of all our reversary rghts n and to the clams after payment of all amounts secured by the pror cess(s) or after the pror cessary/cessares, for any reas or n any manner, has/have lost, abanded or relnqushed any rghts thereunder. 10 Any mey pad by us to Nedbank under ths suretyshp may, at Nedbank s dscret, be treated as cash securty held by Nedbank untl Nedbank recovers the prncpal debtor s ndebtedness n full. 11 We renounce the beneft of excuss (benefcum ordns seu excusss), whch means that we are no lger enttled to clam that Nedbank frst exhausts ts remedes aganst the prncpal debtor before proceedng aganst us n terms of ths suretyshp. We also renounce the beneft of dvs (benefcum dvss), whch means that we are no lger enttled to clam that our oblgat be dvded proportately between us, any Cosuretes and the prncpal debtor. 12 We also renounce, to the extent not prohbted by the Natal Credt Act, 2005, the legal except of n numeratae pecunae, whch means that we are no lger enttled to clam that no meys were n fact pad over to the prncpal debtor, the legal except of n causa debt, whch means that we are no lger enttled to clam that the prncpal debt for whch we undertook lablty does not exst, the legal except of errore calcul, whch means that we are no lger enttled to clam that the amount clamed has been ncorrectly calculated and the legal except of revs of accounts, whch means that we are no lger enttled to clam that Nedbank revses ts accounts n respect of our or the prncpal debtor s ndebtedness. We also renounce all other excepts whch mght or could be pleaded n defence to the payment of our oblgat or any part thereof, wth the force and effect of whch excepts we declare ourselves to be fully acquanted. 13 Ths suretyshp csttutes the whole of the agreement between us and Nedbank relatng to the subject matter thereof, and no amendment, alterat, addt, varat or csensual cancellat wll be of any force or effect, unless reduced to wrtng and sgned by both us and Nedbank. 14 No waver of any of the terms and cdts of ths suretyshp shall be bndng for any purpose, unless expressed n wrtng and sgned by the party gvng the same, and any such waver shall be effectve ly n the specfc nstance and for the purpose gven. 15 Nether Nedbank nor any other pers has made or gven any warrantes, promses or representats whatsoever to us to sgn ths suretyshp and to bnd ourselves to the terms hereof. 16 We agree that ths suretyshp s n addt and wthout prejudce to any other securtes, ncludng other suretyshps provded or to be provded by us and/or other suretes, now or n the future held from or behalf of the prncpal debtor and that t shall reman n force as a ctnung coverng securty for all and any sum or sums of mey whch may now or n the future be owng to or clamable by Nedbank from any cause aforemented and any other cause of whatever nature, notwthstandng any fluctuat n, or temporary extnct of, the prncpal debtor s ndebtedness to Nedbank from tme to tme, and notwthstandng our death or legal dsablty. 17 We acknowledge that we may ly be released from our oblgats hereunder up wrtten notce from us to Nedbank or from our executors, trustees or other legal representatves, as the case may be, requestng Nedbank to release us from ths suretyshp, provded that such termnat shall ly come nto effect up recept by us of wrtten notce from Nedbank acknowledgng that ths suretyshp has been termnated, and when that part of our oblgat already due or accrung at the date of recept of such notce, together wth nterest and costs there, has been pad. 18 Nedbank has the rght at any tme and from tme to tme, wthout our or the prncpal debtor s csent, to cede, assgn and transfer all or any of ts rghts, ttle and nterest n and to ths suretyshp to and n favour of thrd partes. The aforesad rght ncludes the rght to delegate any oblgat of ths suretyshp wth the necessary changes. To the extent that any cess, assgnment, transfer or delegat aforemented csttutes or results n a splttng of clams that requres our csent, we hereby csent thereto. 19 Ths suretyshp shall be governed by South Afrcan laws and s subject to the jursdct of South Afrcan courts. In terms of sect 45 of the Magstrates' Courts Act, 1944, and at the opt of Nedbank any clam arsng hereunder may be recovered n any magstrate's court havng jursdct, and we hereby csent to the jursdct of the magstrate's court. Nedbank Lmted Reg No 1951/000009/06. Authorsed fnancal servces and regstered credt provder (NCRCP16). Page 2 of 6 Intal: Suretyshp - Jurstc 8 1 NED ENG.dot 30Jan14 SD2

10 20 Nedbank must gve legal notce to us at the address set out n clause 1 above or at the address most recently provded by us to Nedbank n wrtng, provded that we delver to Nedbank a wrtten notce of the new address by hand or by regstered mal. Unless otherwse provded by legslat, a notce, order or other document that must be served us wll have been properly served when t has been ether delvered to us or sent by regstered mal to our last known address. 21 Each paragraph and clause n ths suretyshp s separate and severable, the e from the other, notwthstandng the manner n whch they may be lnked together or grouped grammatcally, and f any paragraph or clause s to be found defectve or unenforceable for any reas, the remanng paragraphs or clauses, as the case may be, wll nevertheless be and ctnue to be of full force and effect. 22 Ths suretyshp document s and shall at all tmes, subject to clause 18, reman the property of Nedbank. 23 Partnershp clause: We cfrm that each partner s ndvdually lable n soldum (whch means each s lable n full) to Nedbank for the payment of the whole of the partnershp debts, even durng the subsstence of the partnershp. 24 Nedbank has the rght at any tme and from tme to tme, wthout our csent, to cede, assgn and transfer all or any of ts rghts, ttle and nterest n and to ths suretyshp, as well as any other securty of whatsoever nature held by Nedbank n respect of the ndebtedness of the prncpal debtor, to and n favour of any thrd party or partes, whether natural, jurstc or of any other knd or nature. The aforesad rght ncludes the rght to delegate any oblgat n terms of ths suretyshp or other securty, wth the necessary changes. To the extent that any cess, assgnment, transfer or delegat aforemented csttutes or results n a splttng of clams that requres our csent, we csent thereto. 25 All payments n terms of ths suretyshp wll be made n South Afrcan currency, wthout setoff or deduct of any knd and free of exchange, bank costs and other charges wherever Nedbank may at any tme n wrtng drect. 26 THIS SHIP WAS COMPLETE IN ALL RESPECTS WHEN WE SIGNED IT. Sgned at WITNESSES TO S SIGNATURE (Sgnature) (Sgnature) (Sgnature) For surety, duly authorsed hereto and warrantng hs/her authorty Sgned at WITNESSES TO S SIGNATURE (Sgnature) (Sgnature) (Sgnature) For surety, duly authorsed hereto and warrantng hs/her authorty Sgned at WITNESSES TO S SIGNATURE (Sgnature) (Sgnature) (Sgnature) For surety, duly authorsed hereto and warrantng hs/her authorty Nedbank Lmted Reg No 1951/000009/06. Authorsed fnancal servces and regstered credt provder (NCRCP16). Page 3 of 6 Intal: Suretyshp - Jurstc 8 1 NED ENG.dot 30Jan14 SD2

11 Sgned at WITNESSES TO S SIGNATURE (Sgnature) (Sgnature) (Sgnature) For surety, duly authorsed hereto and warrantng hs/her authorty Sgned at WITNESSES TO S SIGNATURE (Sgnature) (Sgnature) (Sgnature) For surety, duly authorsed hereto and warrantng hs/her authorty Sgned at WITNESSES TO S SIGNATURE (Sgnature) (Sgnature) (Sgnature) For surety, duly authorsed hereto and warrantng hs/her authorty Sgned at WITNESSES TO S SIGNATURE (Sgnature) (Sgnature) (Sgnature) For surety, duly authorsed hereto and warrantng hs/her authorty Sgned at WITNESSES TO S SIGNATURE (Sgnature) (Sgnature) (Sgnature) For surety, duly authorsed hereto and warrantng hs/her authorty Nedbank Lmted Reg No 1951/000009/06. Authorsed fnancal servces and regstered credt provder (NCRCP16). Page 4 of 6 Intal: Suretyshp - Jurstc 8 1 NED ENG.dot 30Jan14 SD2

12 Sgned at WITNESSES TO S SIGNATURE (Sgnature) (Sgnature) (Sgnature) For surety, duly authorsed hereto and warrantng hs/her authorty Sgned at WITNESSES TO S SIGNATURE (Sgnature) (Sgnature) (Sgnature) For surety, duly authorsed hereto and warrantng hs/her authorty Sgned at EXTRACTS FROM THE MINUTES OF A MEETING OF: (Insert full name of surety) (Insert reg no of surety) Held at It was resolved that (Insert full name of surety) enter nto ths suretyshp and that (Insert full name of sgnatory) be and s hereby authorsed to settle the terms and to sgn ths suretyshp ts behalf. CERTIFIED A TRUE EXTRACT BY SECRETARY/CHAIRPERSON: (Company) (Sgnature) Nedbank Lmted Reg No 1951/000009/06. Authorsed fnancal servces and regstered credt provder (NCRCP16). Page 5 of 6 Intal: Suretyshp - Jurstc 8 1 NED ENG.dot 30Jan14 SD2

13 SIGNED BY ALL TRUSTEES: (Trust) (Sgnature) (Sgnature) (Sgnature) (Sgnature) (Sgnature) SIGNED BY ALL MEMBERS: (Close Corporat/Assocat/Body Corporate) (Sgnature) (Sgnature) (Sgnature) (Sgnature) (Sgnature) Nedbank Lmted Reg No 1951/000009/06. Authorsed fnancal servces and regstered credt provder (NCRCP16). Page 6 of 6 Intal: Suretyshp - Jurstc 8 1 NED ENG.dot 30Jan14 SD2