You are attempting to enter the webpage which is designated for the publication of electronic versions of the information relating to the demerger of Anglo American plc’s (“Anglo American”) thermal coal operations in South Africa and subsequent listing of Thungela Resource Limited (“Thungela”) on the Johannesburg Stock Exchange and London Stock Exchange (the “Demerger and Listing”).
ACCESS TO THIS WEBPAGE MAY BE RESTRICTED UNDER SECURITIES LAWS IN CERTAIN JURISDICTIONS. THIS NOTICE REQUIRES YOU TO CONFIRM CERTAIN MATTERS (INCLUDING THAT YOU ARE NOT RESIDENT IN SUCH A JURISDICTION) BEFORE YOU MAY OBTAIN ACCESS TO THE WEBPAGE. THE WEBPAGE IS NOT DIRECTED AT, AND IS NOT INTENDED TO BE ACCESSIBLE BY, PERSONS RESIDENT IN ANY JURISDICTION WHERE TO DO SO WOULD CONSTITUTE A VIOLATION OF THE RELEVANT LAWS OF THAT JURISDICTION OR WOULD RESULT IN A REQUIREMENT TO COMPLY WITH CONSENT OR OTHER UNDLY ONEROUS FORMALITIES.
THIS WEBPAGE CONTAINS ANNOUNCEMENTS, DOCUMENTS AND INFORMATION (THE “INFORMATION”) PUBLISHED BY ANGLO AMERICAN AND THUNGELA RELATING TO THE DEMERGER AND LISTING. THE INFORMATION IS BEING MADE AVAILABLE SUBJECT TO THE TERMS AND CONDITIONS SET OUT BELOW.
Please read this notice carefully - it applies to all persons who view the webpage and, depending upon who you are and where you live, it may affect your rights. This notice and the information contained herein may be altered or updated from time to time, and should be read in full carefully each time you visit this part of the website. In addition, the contents of the webpage may be amended at any time, in whole or in part, at our sole discretion.
Nothing on the webpage, nor anything which can be downloaded from it, is intended to, and does not, constitute or form any part of an offer for sale or subscription or any solicitation for any offer to purchase or subscribe for any securities, or the solicitation of any votes attaching to securities of Thungela in any jurisdiction in which such offer or solicitation is unlawful.
Access to the webpage
To allow you to view the information, you must read this notice in its entirety and then click “CONFIRM”. If you are unable to confirm you must click “DECLINE”.
Viewing the Information you are seeking to access may not be lawful in certain jurisdictions. In particular, materials on the webpage are not an offer of securities for sale into the United States. No offering of securities shall be made in the United States except pursuant to registration under the US Securities Act of 1933 (the “Securities Act”), or an exemption therefrom. In connection with the Demerger and Listing, Thungela expects to issue ordinary shares to security holders of Anglo American in reliance upon the exemption from the registration requirements of the Securities Act provided by Section 3(a)(10) thereof. The Demerger and Listing has not been and will not be approved or disapproved by the SEC, nor has the Securities and Exchange Commission or any US state securities commission passed upon the merits or fairness of the Demerger and Listing. Any representation to the contrary is a criminal offence in the United States. In other jurisdictions, only certain categories of person may be allowed to view the Information. Any persons outside the United Kingdom or South Africa who wish to view the Information must first satisfy themselves that they are not subject to any local requirements that prohibit or restrict them from doing so and should inform themselves about, and observe, any applicable legal or regulatory requirements applicable in their jurisdiction.
Basis of access
The Information does not constitute an offer to sell or otherwise dispose of or an invitation or solicitation of any offer to purchase or subscribe for any securities pursuant to the Demerger and Listing or otherwise in any jurisdiction in which such offer or solicitation is unlawful.
The Information has been prepared for the purposes of complying with English and South African law and the Information may not be the same as that which would have been disclosed if this Information had been prepared in accordance with the laws and regulations of any jurisdiction outside of England and Wales and South Africa.
The Information contained on this webpage speaks only at the date of the relevant document or announcement reproduced on this webpage, and Anglo American and Thungela has, and accepts, no responsibility or duty to update any such information, document or announcement and reserves the right to add to, remove or amend any information reproduced on this webpage at any time.
Similarly, copies of the contents of the following webpage (including documents posted thereon) are not being, and must not be, released or otherwise forwarded, distributed or sent in or into a restricted jurisdiction and persons receiving such documents (including custodians, nominees and trustees) must not distribute or send them in, into or from a restricted jurisdiction.
If you are not permitted to view the Information on this webpage or are in any doubt as to whether you are permitted to view this Information, please exit this webpage and seek independent advice. Neither Anglo American, Thungela nor any of either company’s advisers, assumes any responsibility for any violation by any person of any of these restrictions.
In relation to the Information contained on the webpage, the only responsibility accepted by the directors of Anglo American and Thungela is for the correctness and fairness of its reproduction or presentation unless a responsibility statement in any relevant document expressly provides otherwise.
Neither the directors of Anglo American or Thungela, nor any of its affiliated companies, have reviewed, and no such person is or shall be responsible for or accepts any liability in respect of, any information contained on any other website which may be linked to this webpage by a third party.
The Information (including information incorporated by reference) in this webpage may contain forward-looking statements, including “forward-looking statements” within the meaning of the United States Private Securities Litigation Reform Act of 1995. All statements other than statements of historical facts included in any document may be forward looking statements. Such forward-looking statements also often use words such as “anticipate”, “believe”, “intend”, “estimate”, “expect”, “target”, “may”, “should”, “will” and words of similar meaning. By their nature, forward-looking statements involve risk and uncertainty because they relate to future events and circumstances, and readers are cautioned not to place undue reliance on such statements.
The important factors that could cause Anglo American or Thungela’s actual results, performance or achievements to differ materially from those in the forward-looking statements include, among others, UK and South African domestic and global political, economic and business conditions; the effects of the COVID-19 pandemic and uncertainties about its impact and duration; market related risks such as fluctuations in interest rates and exchange rates, and the performance of financial markets generally; the impact of inflation and deflation; the impact of competition; the timing, impact and other uncertainties of future acquisitions or combinations with relevant industries; default by counterparties; information technology or data security breaches; natural or man-made catastrophic events; the future to attract or retain necessary key personnel; the policies and actions of regulatory authorities; and the impact of changes in capital, solvency or accounting standards, and tax and other legislation and regulations in the jurisdictions in which Anglo American and Thungela operates. These may for example result in changes to assumptions used for determining results of operations or re-estimations of reserves for future policy benefits, as a result of which Anglo American and Thungela’s actual future financial condition, performance and results may differ materially from the plans, goals, strategy and expectations set forth in the forward-looking statements. These forward-looking statements speak only as of the date of the Information.
Anglo American and Thungela expressly disclaim any obligation or undertaking to update or revise any forward-looking statement (except to the extent legally required). Unless expressly stated otherwise, no statement contained or referred to in this webpage is intended to be a profit forecast.
Acceptance of Disclaimer
Electronic versions of the Information are not directed at or accessible by persons resident in any restricted jurisdiction. Accordingly, you may only access the webpage if you are able to provide the below confirmations. If you are resident or located in any restricted jurisdiction, you must click on the relevant box below in order to exit the webpage.