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239

BLUE LABEL INTEGRATED ANNUAL REPORT 2015

NOTES TO THE FORM OF PROXY

CONTINUED

7. If the instrument appointing a proxy or proxies has been delivered to the relevant company, as long as

that appointment remains in effect, any notice that is required by the Act or the relevant company’s

Memorandum of Incorporation to be delivered by such company to the shareholder, must be delivered by

such company to the shareholder, or to the proxy or proxies, if the shareholder has directed the relevant

company to do so in writing and paid any reasonable fee charged by the Company for doing so.

8. A proxy is entitled to exercise, or abstain from exercising, any voting right of the relevant shareholder

without direction, except to the extent that the Memorandum of Incorporation, or the instrument

appointing the proxy provide otherwise.

9. If a company issues an invitation to shareholders to appoint one or more persons named by such company

as a proxy, or supplies a form of instrument for appointing a proxy:

9.1 such invitation must be sent to every shareholder who is entitled to notice of the meeting at which

the proxy is intended to be exercised;

9.2 the invitation, or form of instrument supplied by the relevant company, must: (a) bear a reasonably

prominent summary of the rights established in section 58 of the Act; (b) contain adequate blank

space, immediately preceding the name or names of any person or persons named in it, to enable a

shareholder to write in the name and, if so desired, an alternative name of a proxy chosen by such

shareholder; and (c) provide adequate space for the shareholder to indicate whether the appointed

proxy is to vote in favour or against the applicable resolution/s to be put at the relevant meeting, or

is to abstain from voting;

9.3 the Company must not require that the proxy appointment be made irrevocable; and

9.4 the proxy appointment remains valid only until the end of the relevant meeting at which it was

intended to be used, unless revoked as contemplated in section 58(5) of the Act.