| Thu 28 Jan 2021, 12:01 | | BILB-Agency Instruction Form Relating to the Buy-Back Offer |
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BILB-Agency Instruction Form Relating to the Buy-Back Offer
Land and Agricultural Development Bank of South Africa
(JSE Code: BILB)
(“Land Bank” or the “Issuer”)
AGENCY INSTRUCTION FORM- RELATING TO THE BUY-BACK OFFER INVITATION TO
NOTEHOLDERS TO OFFER TO SELL THE BUY-BACK OFFER NOTES PER SENS OF 15 JANUARY 2020
1. Words and expressions in this SENS announcement shall bear the meaning as defined in SENS
announcement of the Issuer dated 15 January 2021 and shall bear the same meanings where used
herein, except where the context requires otherwise or unless otherwise stated.
2. In the SENS announcements of 11 January 2021 and 15 January 2021, the Issuer offered to buy-back
certain Buy-Back Offer Notes. If you are a Noteholder who wishes to accept the invitation to trade your
Buy-Back Offer Notes with Land Bank, but you are either not a member of the JSE or you do not have
access to the Nutron Trading System in order to book the necessary trades pursuant to the Buy-Back
Offer Invitation, you can authorise the necessary booking through a broker or, alternatively you can
authorise and instruct Land Bank as your agent, to facilitate the booking of your client leg of the trade
under your instruction in accordance with the terms of the agency instruction form (“Agency
Instruction Form”) annexed hereto as Annexure A.
3. If you require Land Bank to book the trades as your agent on your behalf or, in Land Bank’s discretion,
procure the booking of the trades, please complete the annexed Agency Instruction Form in full and
return the duly completed and signed Agency Instruction Form to Land Bank on the terms set out in
the Agency Instruction Form :
3.1. Only duly completed and signed Agency Instruction Forms will be accepted.
3.2. For a Noteholder to validly authorise and instruct Land Bank to book a trade/ procure the
booking of the trade on the Noteholder’s behalf, the duly completed and signed Buy-Back
Instruction Form, together with the duly completed and signed Agency Instruction Form, must
be sent by email to Land Bank by 12h00 on the Buy-Back Offer Closing Date to:
To: Land and Agricultural Development Bank of South Africa
Attention: GM: Treasury
Re: Land Bank Buy-Back Offer
E-mail address: TenderOffer@landbank.co.za
No other form of communication will be accepted.
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28 January 2021
Enquiries
Land and Agricultural Development Bank of South Africa
Attention: GM: Treasury
Re: Land Bank Buy-Back Offer
E-mail address: TenderOffer@landbank.co.za
Debt Sponsor
The Standard Bank of South Africa Limited, acting through its Corporate and Investment Banking division
(registration number: 1962/000738/06)
Contacts: Ms Natalie Di-Sante
Email: Natalie.di-sante@standardbank.co.za
Tel: +27 (0) 11 721 6125
End
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Annexure A
AGENCY INSTRUCTION FORM
To: The Land and Agricultural Development Bank of South Africa
Attention: GM: Treasury
Re: Land Bank Buy-Back Offer
E-mail address: TenderOffer@landbank.co.za
Please complete in full:
Name of Issuer The Land and Agricultural Bank of South Africa
E-mail address TenderOffer@landbank.co.za
Attention GM: Treasury: Land Bank Buy-Back Offer
Noteholder name and Fund Manager 1. Beneficial Noteholder name:
2. Fund Manager (if applicable):
3. Fund Administrator (if applicable):
1. Fund Manager:
contact person
2. Fund Administrator:
1. Fund Manager:
email address
2. Fund Administrator:
1. Fund Manager:
telephone number
2. Fund Administrator:
CSDP
J-Code (also known as UNEXCOR code)
Cash Account Number
Script Account Number
1. Appointment of Land Bank as Agent
I/We, being the registered owner of beneficial interests / duly authorised representative of the holder(s)
of the Buy-Back Offer Notes, specified in the Buy-Back Instruction Form that accompanies this Agency
instruction Form ( the “Instructing Party”) hereby appoint, authorise and instruct Land Bank, as my
agent, to book, or, in Land Bank’s discretion, procure the booking of the trades set out in the Buy-
Back Instruction Form on the terms set out therein, for and on behalf of such holder(s) of the Buy-Back
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Offer Notes. Land Bank will remain responsible for carrying out these instructions as agent, but may
utilise the services of third parties to assist in procuring the booking of the trades (“Service
Providers”).
2. No Fee
Land Bank will not charge a fee for providing the agency services contemplated in this Agency
Instruction Form, and any fee charged by any Service Provider as contemplated in this Agency
Instruction Form, shall be for the account of Land Bank.
3. Limitation of Liability and Indemnity
3.1. Neither Land Bank nor any Service Provider shall have any liability in contract, delict or
otherwise (including liability for negligence) to any holder(s) of the Buy-Back Offer Notes or
the Instructing Party, arising out of or in connection with carrying out the trades and/or
instructions for and on behalf of the holder(s) of the Buy-Back Offer Notes or the Instructing
Party, for any loss or damages whatsoever, howsoever arising, including indirect or
consequential loss and/or damage, loss of profits, penalties and/or loss of business, revenue,
data, anticipated savings or wasted expenditure, or damage to goodwill (in each case
whether direct or indirect).
3.2. The holder(s) of the Buy-Back Offer Notes specified in the Buy-Back Instruction Form and the
Instructing Party hereby agree to defend, indemnify and hold harmless the Land Bank and its
directors, officers and employees and the Service Providers, (the “indemnified parties”)
against any and all claims, losses, damages, liabilities, costs and expenses, including
attorneys’ fees and court costs which the indemnified parties may suffer or incur as a result
of, or which may arise from or in connection with the trades or any failure to carry out any
trade specified in this Agency Instruction Form read together with the Buy-Back Instruction
Form.
3.3. If, by reason of any event of force majeure, the Land Bank or any Service Provider is or will
be delayed in, or prevented from, performing any of its obligations contemplated in this
Agency Instruction Form, then such delay or non-performance shall not be deemed to be a
breach of the terms of this Agency Instruction Form and no damages may be claimed against
Land Bank or any Service Provider by reason thereof.
3.4. Payment will only be made to Beneficial Owners accounts already verified with the CSD. No
third party payments will be accommodated.
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For and on behalf of myself/each of the Beneficial Owners set out in the Buy-back Instruction Form.
Fund Manager / Beneficial Owner
___________________________________
Name
___________________________________
Signature
(who warrants that he/she is duly authorised thereto)
Name of signatory: ________________________________________
Capacity (e.g. Director) ________________________________________
Date: ________________________________________
Place: ________________________________________
Date: 28-01-2021 12:01:00
Produced by the JSE SENS Department. The SENS service is an information dissemination service administered by the JSE Limited ('JSE').
The JSE does not, whether expressly, tacitly or implicitly, represent, warrant or in any way guarantee the truth, accuracy or completeness of
the information published on SENS. The JSE, their officers, employees and agents accept no liability for (or in respect of) any direct,
indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising, from the use of SENS or the use of, or reliance on,
information disseminated through SENS.