lt. Project Orange_SEAG_NV_Contingent_Payment_Undertaking.pdf, S.42/43, bis 30.09.2019:
"6.19 Information Undertakings
(a) SIHNV must supply to the Agent, in sufficient copies for all the Finance Parties;
(i) copies of all material documents despatched by SIHNV to its shareholders (or any class of them) or its creditors generally or any class of them at the same time as they are despatched;
(ii) by no later than 30 September 2019:
(A) the restated audited consolidated financial statements of SIHNV for the Financial Year ending 30 September 2017; and
(B) the audited consolidated financial statements of SIHNV for the Financial Year ending 30 September 2018;
(iii) from (and including) the Financial Year ending 30 September 2019, as soon as they are available, but in any event within 180 days after the end of each of its Financial Years (or within 270 days after the end of the Financial Year ending 30 September 2019), its audited consolidated financial statements for that Financial Year;
(iv) from and including the Financial Quarter ending 31 March 2019, as soon as they are available, but in any event within 45 days after the end of each Financial Quarter of each of its Financial Years (or within 60 days after the end of the Financial Quarters ending 31 March 2019 and 30 June 2019), its consolidated financial statements for that Financial Quarter;
(v) promptly upon becoming aware of them, to the extent not made public, details of any material litigation, arbitration or administrative proceedings commenced against SIHNV or SIHPL after the Restructuring Effective Date and which are reasonably likely to be adversely determined and, if adversely determined, are reasonably likely to have a Material Adverse Effect;
(vi) a quarterly litigation update report prepared by the LWG; and
(vii) following a delisting of SIHNV from both JSE Limited and the Frankfurt Stock Exchange:
(A) financial reporting as described in paragraphs (iii) and (iv) above; and
(B) reporting of events that would, if it were listed, be material price sensitive information that would require announcement,
in each case except to the extent that disclosure would be a breach of any law, regulation, stock exchange requirement or duty of confidentiality or may put any legal privilege at risk.
(b) If SIHNV or any Material South African Group Company engages in negotiations with one or more of the creditors in respect of the NV/Hemisphere Contingent Payment Undertaking or the NV/SFHG Contingent Payment Undertakings with a view to rescheduling any of the indebtedness under those instruments, it shall give prior written notice to the Agent (for distribution to the Lenders) of such negotiations."