| Wed 5 Dec 2007, 7:49 | | BIL - BHP Billiton Plc - Rule 2.10 Announcement |
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BIL
BIBLT
BIL - BHP Billiton Plc - Rule 2.10 Announcement
BHP Billiton Plc
Share code: BIL
ISIN: GB0000566504
RULE 2.10 ANNOUNCEMENT
In accordance with Rule 2.10 of the City Code on Takeovers and Mergers,
BHP Billiton Plc and BHP Billiton Limited confirm that, as at Tuesday, 4
December 2007, BHP Billiton Plc had in issue 2,256,993,546 ordinary
shares of US$0.50 each (including 42,832,860 shares held by BHP Billiton
Limited) and BHP Billiton Limited had in issue 3,358,359,496 ordinary
shares, excluding shares held as treasury shares.
The International Securities Identification Number (ISIN) for the BHP
Billiton Plc ordinary shares is GB0000566504 and for the ordinary shares
represented by the BHP Billiton Plc American Depository Receipts is
US05545E209. Each BHP Billiton Plc American Depository Receipt
represents two ordinary shares of BHP Billiton Plc. The ISIN for the BHP
Billiton Limited ordinary shares is AU000000BHP4 and for the ordinary
shares represented by the BHP Billiton Limited American Depository
Receipts is US088606108. Each BHP Billiton Limited American Depository
Receipt represents two ordinary shares of BHP Billiton Limited.
Dealing Disclosure Requirements
Under the provisions of Rule 8.3 of the Takeover Code (the "Code"), if
any person is, or becomes, "interested" (directly or indirectly) in 1%
or more of any class of "relevant securities" of any of BHP Billiton
Plc, BHP Billiton Limited, Rio Tinto Plc or Rio Tinto Limited, all
"dealings" in any "relevant securities" of that company (including by
means of an option in respect of, or a derivative referenced to, any
such "relevant securities") must be publicly disclosed by no later than
3.30 pm (London time) on the London business day following the date of
the relevant transaction.
The relevant disclosure must also include details of all "interests" or
"dealings" in any class of "relevant securities" of the other company
which is part of its DLC structure. Therefore, if, for example, a
disclosure is being made in respect of a dealing in securities of BHP
Billiton Plc, an accompanying disclosure must also be made of interests
or short positions held in securities of BHP Billiton Limited, even if
the person`s interest or short position is less than 1% of the relevant
class. The same approach should be adopted in respect of securities of
Rio Tinto Plc and Rio Tinto Limited. Therefore, each disclosure should
consist of two Rule 8.3 disclosure forms, one for the Plc arm of the DLC
structure and one for the Limited arm of the DLC structure, released as
one announcement.
This requirement will continue until the date on which the offer
becomes, or is declared, unconditional as to acceptances, lapses or is
otherwise withdrawn or on which the "offer period" otherwise ends. If
two or more persons act together pursuant to an agreement or
understanding, whether formal or informal, to acquire an "interest" in
"relevant securities" of BHP Billiton Plc, BHP Billiton Limited Rio
Tinto Plc or Rio Tinto Limited, they will be deemed to be a single
person for the purpose of Rule 8.3.
Under the provisions of Rule 8.1 of the Code, all "dealings" in
"relevant securities" of either BHP Billiton or Rio Tinto by BHP
Billiton or Rio Tinto, or by any of their respective "associates", must
be disclosed by no later than 12.00 noon (London time) on the London
business day following the date of the relevant transaction.
A disclosure table, giving details of the companies in whose "relevant
securities" "dealings" should be disclosed, and the number of such
securities in issue, can be found on the Takeover Panel`s website at
www.thetakeoverpanel.org.uk.
"Interests in securities" arise, in summary, when a person has long
economic exposure, whether conditional or absolute, to changes in the
price of securities. In particular, a person will be treated as having
an "interest" by virtue of the ownership or control of securities, or by
virtue of any option in respect of, or derivative referenced to,
securities.
Terms in quotation marks are defined in the Code, which can also be
found on the Panel`s website. If you are in any doubt as to whether or
not you are required to disclose a "dealing" under Rule 8, you should
consult the Panel.
Further information on BHP Billiton can be found on our Internet site:
www.bhpbilliton.com
Australia United Kingdom
Samantha Evans, Media Relations Andre Liebenberg, Investor
Tel: +61 3 9609 2898 Relations
Mobile: +61 400 693 915 Tel: +44 20 7802 4131
Email: Samantha.Evans@bhpbilliton.com Mobile: +44 7920 236 974
Email:
Andre.Liebenberg@bhpbilliton.com
Don Carroll, Investor Relations Illtud Harri, Media Relations
Tel: +61 3 9609 2686 Tel: +44 20 7802 4195
Mobile: +61 417 591 938 Mobile: +44 7920 237 246
Email: Don.A.Carroll@bhpbilliton.com Email:
Illtud.Harri@bhpbilliton.com
United States South Africa
Tracey Whitehead, Investor & Media RelationsAlison GIlbert, Investor Relations
Tel: US +1 713 599 6100 or Tel: SA +27 11 376 2121 or
UK +44 20 7802 4031 UK +44 20 7802 4183
Mobile: +44 7917 648 093 Mobile: +44 7769 936 227
Email: Tracey.Whitehead@bhpbilliton.comEmail: Alison.Gilbert@bhpbilliton.com
Date: 05/12/2007 07:49:07 Produced by the JSE SENS Department.
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