21st Dec 2007 17:03
BHP Billiton PLC21 December 2007 NEWS RELEASERelease Time IMMEDIATEDate 21 December 2007Number 41/07 BHP BILLITON NOTES PANEL DEADLINE BHP Billiton notes the statement made today by the UK Takeover Panel Executive("Panel Executive") ruling that the deadline for BHP Billiton either to announcea firm intention to make an offer for Rio Tinto or to announce that it does notintend to make an offer for Rio Tinto is 5pm (London time) on Wednesday 6February 2008. BHP Billiton is considering its options in light of the deadline set by thePanel Executive but no decision has yet been taken on this matter. Accordingly,there can be no assurance that BHP Billiton will progress its proposal to RioTinto or that any offer for Rio Tinto will be made. BHP Billiton continues toseek to engage in discussions with Rio Tinto with a view to obtaining thesupport and recommendation of the Board of Rio Tinto for its proposal. Please find attached a copy of the UK Takeover Panel's statement. http://www.rns-pdf.londonstockexchange.com/rns/5720k_-2007-12-21.pdf Further information on BHP Billiton can be found on our Internet site: www.bhpbilliton.com Australia United KingdomSamantha Evans, Media Relations Andre Liebenberg, Investor RelationsTel: +61 3 9609 2898 Mobile: +61 400 693 915 Tel: +44 20 7802 4131 Mobile: +44 7920 236 974Email: [email protected] Email: [email protected] Don Carroll, Investor Relations Illtud Harri, Media RelationsTel: +61 3 9609 2686 Mobile: +61 417 591 938 Tel: +44 20 7802 4195 Mobile: +44 7920 237 246Email: [email protected] Email: [email protected] United States South Africa Tracey Whitehead, Investor & Media Relations Alison Gilbert, Investor RelationsTel: US +1 713 599 6100 or UK +44 20 7802 4031 Tel: SA +27 11 376 2121 or UK +44 20 7802 4183Mobile: +44 7917 648 093 Mobile: +44 7769 936 227Email: [email protected] Email: [email protected] The directors of BHP Billiton accept responsibility for the informationcontained in this document. Having taken all reasonable care to ensure that suchis the case, the information contained in this document is, to the best of theknowledge and belief of the directors of BHP Billiton, in accordance with thefacts and contains no omission likely to affect its import. In connection with BHP Billiton's proposed combination with Rio Tinto by way ofthe proposed Schemes of Arrangement (the "Schemes"), the new BHP Billiton sharesto be issued to Rio Tinto shareholders under the terms of the Schemes have notbeen, and will not be, registered under the US Securities Act of 1933, asamended, or under the securities laws of any state, district or otherjurisdiction of the United States, and no regulatory clearances in respect ofthe new BHP Billiton shares have been, or (possibly with certain limitedexceptions) will be, applied for in any jurisdiction of the United States. Itis expected that the new BHP Billiton shares will be issued in reliance upon theexemption from the registration requirements of the US Securities Act providedby Section 3(a)(10) thereof. In the event that the proposed Schemes do not qualify (or BHP Billiton otherwiseelects pursuant to its right to proceed with the transaction in a manner thatdoes not qualify) for an exemption from the registration requirements of the USSecurities Act, BHP Billiton would expect to register the offer and sale of thesecurities it would issue to Rio Tinto US shareholders and Rio Tinto ADS holdersby filing with the US Securities and Exchange Commission (the "SEC") aregistration statement (the "Registration Statement"), which would contain aprospectus ("Prospectus"), as well as other relevant materials. No suchmaterials have yet been filed. This communication is not a substitute for anyRegistration Statement or Prospectus that BHP Billiton may file with the SEC. U.S. INVESTORS AND U.S. HOLDERS OF RIO TINTO SECURITIES AND ALL HOLDERS OF RIOTINTO ADSs ARE STRONGLY URGED TO READ THE REGISTRATION STATEMENT AND PROSPECTUSAND ANY OTHER DOCUMENTS MADE AVAILABLE TO THEM AND/OR FILED WITH THE SECREGARDING THE POTENTIAL TRANSACTION, AS WELL AS ANY AMENDMENTS AND SUPPLEMENTSTO THOSE DOCUMENTS, IF AND WHEN THEY BECOME AVAILABLE BECAUSE THEY WILL CONTAINIMPORTANT INFORMATION. If and when filed, investors and security holders will be able to obtain a freecopy of the Registration Statement, the Prospectus as well as other relevantdocuments filed with the SEC at the SEC's website (http://www.sec.gov), oncesuch documents are filed with the SEC. Copies of such documents may also beobtained from BHP Billiton without charge, once they are filed with the SEC. This information is provided by RNS The company news service from the London Stock ExchangeRelated Shares:
BHP GroupRio Tinto