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EPT Disclosure - Amended

24th Apr 2008 13:21

Merrill Lynch International24 April 2008 This announcement amends the EPT Disclosure released on 23/04/2008 at 10:01 under number 9241S. The FORM 38.5total number of securities purchased for BHP Billiton Plc, Rio Tinton Plc and Kazakhmys Plc has been (SUMMARY)amended. Lodge with Company Announcements Office and the Panel. Use a separate form for each class of securities in which dealings have been made. CONNECTED EXEMPT PRINCIPLE TRADER: DISCLOSURE UNDER RULE 38.5 OF THE CITY CODE ON TAKEOVERS AND MERGERS Name of EPT Merrill Lynch International Date of disclosure 23 April 2008 Date of dealing 22 April 2008 Telephone number 020 7996 2121 Please see attached disclosure of dealings under Rule 38.5 in the securities of the following companies: 22 April 2008 Rio Tinto Plc - Common Kazakhmys Plc - Common BHP Billiton Plc - Common AMENDMENT state which element(s) of previous disclosure was incorrect: In the case of option business or dealings in derivatives full details should be given on a separate sheet so that the nature of the dealings can be fully understood. For options this should include the number of securities under option, the exercise period (or in the case of exercise, the exercise date), the exercise price and any option money paid or received. For derivatives this should include, at least, the number of reference securities to which they relate (when relevant), the maturity date (or if applicable the closing out date) and the reference price. For full details of disclosure requirements see Rules 8 and 38 of the Code. If in doubt contact the Monitoring Section of the Panel, Tel. No:0207 638 0129 FORM 38.5(a) DEALINGS BY CONNECTED EXEMPT PRINCIPAL TRADERS (Rule 38.5 of The City Code on Takeovers and Mergers) 1. KEY INFORMATION Name of exempt principal trader Merrill Lynch International Company dealt in BHP Billiton Plc Class of relevant security to which the dealings Common being disclosed relate Date of dealing 22/04/2008 2. DEALINGS (a) Purchases and sales Total number of securities Highest price paid Lowest price paid purchased 1,239,454 GBP 18.84 GBP 18.44 Total number of securities sold Highest price received Lowest price received 595,787 GBP 18.82 GBP 18.44 (b) Derivatives transactions (other than options) Product name, Short/Long Number of securities Price per unit eg. CFD Long Swap LONG 160 GBP 18.67 Long Swap LONG 443 GBP 18.71 Long Swap LONG 4,761 GBP 18.68 Long Swap LONG 149,883 GBP 18.66 Long Swap LONG 10 GBP 18.67 Product name, Short/Long Number of securities Price per unit eg. CFD Short Swap SHORT 5,000 GBP 18.71 Short Swap SHORT 1,477,546 GBP 17.38 Short Swap SHORT 9,150 GBP 18.66 Short Swap SHORT 100 GBP 18.75 Short Swap SHORT 4,587 GBP 18.71 Short Swap SHORT 4,350 GBP 18.66 Short Swap SHORT 2,272 GBP 18.66 Short Swap SHORT 1,200 GBP 18.61 Short Swap SHORT 653 GBP 18.61 Short Swap SHORT 277 GBP 18.62 Short Swap SHORT 47,616 GBP 18.61 (c) Options transactions in respect of existing securities (i) Writing, selling, purchasing or varying Product name Writing, Number of Exercise Type, e.g. Expiry date Option money selling, price eg call option purchasing, securities under American, paid/received varying etc. option European etc per unit Warrant Selling -7,000 £0.24 AMERICAN 17-Oct-08 (ii) Exercising Product name Number of securities under option Exercise price eg call option 3. OTHER INFORMATION Agreements, arrangements or understandings relating to options or derivatives Full details of any agreement, arrangement or understanding between the person disclosing and any other person relating to the voting rights of any relevant securities under any option referred to on this form or relating to the voting rights or future acquisition or disposal of any relevant securities to which any derivative referred to on this form is referenced. If none, this should be stated. NONE Date of disclosure 23/04/2008 Contact name Louise Howard Telephone number +44 20 7996 2121 Name of offeree/offeror with whom connected BHP Billiton Plc Nature of connection # Advisor FORM 38.5 DEALINGS BY CONNECTED EXEMPT PRINCIPAL TRADERS (Rule 38.5 of The City Code on Takeovers and Mergers) 1. KEY INFORMATION Name of exempt principal trader Merrill Lynch International Company dealt in Rio Tinto Plc Class of relevant security to which the dealings Common being disclosed relate Date of dealing 22/04/2008 2. DEALINGS (a) Purchases and sales Total number of securities Highest price paid Lowest price paid purchased 1,032,032 GBP 63.92 GBP 62.47 Total number of securities sold Highest price received Lowest price received 1,109,150 GBP 63.90 GBP 62.54 (b) Derivatives transactions (other than options) Product name, Short/Long Number of securities Price per unit eg. CFD Long Swap LONG 221 GBP 63.49 Long Swap LONG 624 GBP 63.49 Long Swap LONG 1,834 GBP 63.49 Long Swap LONG 3,994 GBP 63.40 Long Swap LONG 6,075 GBP 63.40 Long Swap LONG 13,262 GBP 63.40 Long Swap LONG 20 GBP 63.51 Product name, Short/Long Number of securities Price per unit eg. CFD Short Swap SHORT 2,560 GBP 63.35 Short Swap SHORT 6,559 GBP 63.26 Short Swap SHORT 10 GBP 63.56 Short Swap SHORT 2,000 GBP 63.22 Short Swap SHORT 1,834 GBP 63.38 Short Swap SHORT 1,785 GBP 63.26 Short Swap SHORT 1,404 GBP 63.38 Short Swap SHORT 395 GBP 63.84 Short Swap SHORT 20 GBP 63.56 Short Swap SHORT 20 GBP 63.56 Short Swap SHORT 53,950 GBP 63.33 (c) Options transactions in respect of existing securities Product name Writing, Number of Exercise Type, e.g. Expiry Option money selling, price eg call option purchasing, securities under American, date paid/received varying etc. option European etc per unit (ii) Exercising Product name Number of securities under Exercise price option eg call option 3. OTHER INFORMATION Agreements, arrangements or understandings relating to options or derivatives Full details of any agreement, arrangement or understanding between the person disclosing and any other person relating to the voting rights of any relevant securities under any option referred to on this form or relating to the voting rights or future acquisition or disposal of any relevant securities to which any derivative referred to on this form is referenced. If none, this should be stated. NONE Date of disclosure 23/04/2008 Contact name Louise Howard Telephone number +44 20 7996 2121 Name of offeree/offeror with whom connected BHP Billiton Plc Nature of connection # Advisor FORM 38.5 DEALINGS BY CONNECTED EXEMPT PRINCIPAL TRADERS (Rule 38.5 of The City Code on Takeovers and Mergers) 1. KEY INFORMATION Name of exempt principal trader Merrill Lynch International Company dealt in Kazakhmys Plc Class of relevant security to which the dealings Common being disclosed relate Date of dealing 22/04/2008 2. DEALINGS (a) Purchases and sales Total number of securities Highest price paid Lowest price paid purchased 54,682 GBP 17.13 GBP 16.44 Total number of securities sold Highest price received Lowest price received 43,295 GBP 16.96 GBP 16.37 (b) Derivatives transactions (other than options) Product name, Short/Long Number of securities Price per unit eg. CFD Long Swap LONG 406 GBP 16.86 Long Swap LONG 2,265 GBP 16.73 Long Swap LONG 4,592 GBP 16.71 Long Swap LONG 8,775 GBP 16.73 Long Swap LONG 15,000 GBP 16.73 Long Swap LONG 150 GBP 16.53 Product name, Short/Long Number of securities Price per unit eg. CFD Short Swap SHORT 2,792 GBP 16.57 Short Swap SHORT 4,592 GBP 16.64 Short Swap SHORT 36 GBP 16.64 Short Swap SHORT 2,210 GBP 16.49 Short Swap SHORT 2,198 GBP 16.57 Short Swap SHORT 1,000 GBP 17.09 Short Swap SHORT 1,000 GBP 17.09 Short Swap SHORT 452 GBP 16.64 Short Swap SHORT 150 GBP 16.57 Short Swap SHORT 21,853 GBP 16.49 (c) Options transactions in respect of existing securities Product name Writing, Number of Exercise Type, e.g. Expiry Option money selling, price eg call option purchasing, securities under American, date paid/received varying etc. option European etc per unit (ii) Exercising Product name Number of securities under Exercise price option eg call option 3. OTHER INFORMATION Agreements, arrangements or understandings relating to options or derivatives Full details of any agreement, arrangement or understanding between the person disclosing and any other person relating to the voting rights of any relevant securities under any option referred to on this form or relating to the voting rights or future acquisition or disposal of any relevant securities to which any derivative referred to on this form is referenced. If none, this should be stated. NONE Date of disclosure 23/04/2008 Contact name Louise Howard Telephone number +44 20 7996 2121 Name of offeree/offeror with whom connected Kazakhmys Plc Nature of connection # Advisor This information is provided by RNS The company news service from the London Stock Exchange

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