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EPT Disclosure - Amendment

22nd Nov 2007 12:09

Merrill Lynch International22 November 2007 This announcement amends the EPT Disclosure - Amendment released on 16/11/2007 at 13: FORM 38.5 (SUMMARY)04 under number 9082H. The total number of securities purchased and sold for Rio TintoPlc has been amended. The total number of securities sold for BHP Billiton Plc hasbeen 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 13 November 2007 Date of dealing 12 November 2007 Telephone number 020 7996 2121 Please see attached disclosure of dealings under Rule 38.5 in the securities of the following companies: 12 November 2007 Foseco Plc - Common Rio Tinto Plc - Common BHP Billiton Plc - Common AMENDMENT state which element(s) of previous disclosure was incorrect: The total number of securities purchased and sold for RioTinto Plc has been amended. 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 AMENDMENT FORM 38.5(a) DEALINGS BY CONNECTED EXEMPT PRINCIPAL TRADERS WITH RECOGNISED INTERMEDIARY STATUS DEALING IN CLIENT-SERVICING CAPACITY (Rule 38.5(a) 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 12/11/2007 2. DEALINGS (a) Purchases and sales Total number of securities Highest price paid Lowest price paid purchased 1,700,121 GBP 59.29 GBP 52.28 Total number of securities sold Highest price received Lowest price received 1,783,296 GBP 59.12 GBP 56.01 (b) Derivatives transactions (other than options) Product name, Short/Long Number of securities Price per unit eg. CFD (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 per varying etc. option European etc unit Warrant Sell 300 GBP 3.21 European 17/10/2008 Warrant Sell 1000 GBP 3.76 European 17/10/2008 Warrant Sell 3000 GBP 3.80 European 17/10/2008 Warrant Sell 5000 GBP 2.03 European 17/10/2008 (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. Date of disclosure 13/11/2007 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(a) DEALINGS BY CONNECTED EXEMPT PRINCIPAL TRADERS WITH RECOGNISED INTERMEDIARY STATUS DEALING IN CLIENT-SERVICING CAPACITY (Rule 38.5(a) of The City Code on Takeovers and Mergers) 1. KEY INFORMATION Name of exempt principal trader Merrill Lynch International Company dealt in Foseco Plc Class of relevant security to which the dealings Common being disclosed relate Date of dealing 12/11/2007 2. DEALINGS (a) Purchases and sales Total number of securities Highest price paid Lowest price paid purchased 13,242 GBP 2.82 GBP 2.81 Total number of securities sold Highest price received Lowest price received 19,548 GBP 2.82 GBP 2.81 (b) Derivatives transactions (other than options) Product name, Short/Long Number of securities Price per unit eg. CFD (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 per varying etc. option European etc 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. Date of disclosure 13/11/2007 Contact name Louise Howard Telephone number +44 20 7996 2121 Name of offeree/offeror with whom connected Cookson Group Plc Nature of connection # Advisor AMENDMENT FORM 38.5(a) DEALINGS BY CONNECTED EXEMPT PRINCIPAL TRADERS WITH RECOGNISED INTERMEDIARY STATUS DEALING IN CLIENT-SERVICING CAPACITY (Rule 38.5(a) 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 12/11/2007 2. DEALINGS (a) Purchases and sales Total number of securities Highest price paid Lowest price paid purchased 3,449,395 GBP 17.04 GBP 15.92 Total number of securities sold Highest price received Lowest price received 5,370,947 GBP 17.04 GBP 15.94 (b) Derivatives transactions (other than options) Product name, Short/Long Number of securities Price per unit eg. CFD (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 per varying etc. option European etc 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. Date of disclosure 13/11/2007 Contact name Louise Howard Telephone number +44 20 7996 2121 Name of offeree/offeror with whom connected BHP Billiton Plc Nature of connection # Advisor This information is provided by RNS The company news service from the London Stock Exchange

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