Common use of Convertible Preference Stock Clause in Contracts

Convertible Preference Stock. The consolidated financial statements (and the notes thereto) of the Company included in the Prospectus present fairly, in all material respects, the financial position of the Company on a consolidated basis as of the dates indicated, and the results of operations and the cash flows for the periods specified; and (i) such financial statements have been prepared in conformity with U.S. generally accepted accounting principles and (ii) Deloitte & Touche (South Africa) and PKF (JhB) Inc., who have expressed an opinion on the financial statements of the Company based on their audits, are each independent auditors with respect to the Company within the meaning of the Securities Act, the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT") and the applicable rules and regulations of the Commission thereunder.