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EPT Disclosure - Amendment

14th Apr 2008 10:18

Merrill Lynch International14 April 2008 FORM 38.5 (SUMMARY) This announcement amends the EPT Disclosure - Amendment released on 09/04/2008 at 11:05 under number 9638R. The total number of Derivative Transactions for BHPBilliton Plc and Rio Tinto Plc has been 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 08 April 2008 Date of dealing 07 April 2008 Telephone number 020 7996 2121 Please see attached disclosure of dealings under Rule 38.5 in the securities of the following companies: 07 April 2008 Rio Tinto Plc - Common Punch Taverns Plc - Common BHP Billiton Plc - Common BHP Billiton Limited - Common Rio Tinto Limited - Common AMENDMENT state which element(s) of previous disclosure was incorrect: The total number of Derivative Transactions for BHPBilliton Plc and Rio Tinto 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 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 07/04/2008 2. DEALINGS (a) Purchases and sales Total number of securities Highest price paid Lowest price paid purchased 1,794,626 GBP 16.85 GBP 0.03 Total number of securities sold Highest price received Lowest price received 1,560,616 GBP 16.85 GBP 0.17 (b) Derivatives transactions (other than options) Product name, Short/Long Number of securities Price per unit eg. CFD Long Swap LONG 2,947 GBP 16.63 Long Swap LONG 4,838 GBP 16.66 Long Swap LONG 5,800 GBP 16.65 Long Swap LONG 15,269 GBP 16.73 Long Swap LONG 42,380 GBP 16.63 Long Swap LONG 1,668 GBP 16.63 Product name, Short/Long Number of securities Price per unit eg. CFD Short Swap SHORT 15,148 GBP 16.60 Short Swap SHORT 78,411 GBP 16.60 Short Swap SHORT 75,215 GBP 16.60 Short Swap SHORT 59,782 GBP 16.80 Short Swap SHORT 32,523 GBP 16.60 Short Swap SHORT 29,327 GBP 16.60 Short Swap SHORT 28,280 GBP 16.71 Short Swap SHORT 24,310 GBP 16.60 Short Swap SHORT 15,269 GBP 16.77 Short Swap SHORT 176 GBP 16.60 Short Swap SHORT 14,410 GBP 16.60 Short Swap SHORT 7,489 GBP 16.61 Short Swap SHORT 4,632 GBP 16.77 Short Swap SHORT 3,572 GBP 16.60 Short Swap SHORT 2,951 GBP 16.61 Short Swap SHORT 2,504 GBP 16.64 Short Swap SHORT 1,668 GBP 16.60 Short Swap SHORT 1,552 GBP 16.84 Short Swap SHORT 1,548 GBP 16.60 Short Swap SHORT 903 GBP 16.60 Short Swap SHORT 707 GBP 16.60 Short Swap SHORT 686 GBP 16.61 Short Swap SHORT 389 GBP 16.61 Short Swap SHORT 16,932 GBP 16.77 (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 08/04/2008 Contact name Louise Howard Telephone number +44 20 7996 2121 Name of offeree/offeror with whom connected BHP Billiton Plc Nature of connection # Advisor AMENDMENT 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 Rio Tinto Plc Class of relevant security to which the dealings Common being disclosed relate Date of dealing 07/04/2008 2. DEALINGS (a) Purchases and sales Total number of securities Highest price paid Lowest price paid purchased 384,410 GBP 58.48 GBP 57.36 Total number of securities sold Highest price received Lowest price received 299,529 GBP 58.46 GBP 57.48 (b) Derivatives transactions (other than options) Product name, Short/Long Number of securities Price per unit eg. CFD Long Swap LONG 79,970 GBP 58.21 Long Swap LONG 1,225 GBP 57.93 Long Swap LONG 798 GBP 57.93 Long Swap LONG 426 GBP 58.13 Long Swap LONG 227 GBP 57.51 Long Swap LONG 219 GBP 58.13 Product name, Short/Long Number of securities Price per unit eg. CFD Short Swap SHORT 810 GBP 57.66 Short Swap SHORT 1,225 GBP 57.66 Short Swap SHORT 2,777 GBP 58.32 Short Swap SHORT 6,389 GBP 57.65 Short Swap SHORT 8,334 GBP 58.32 Short Swap SHORT 27,128 GBP 58.30 (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 -1,000 £1.77 AMERICAN 17-Oct-08 Warrant Buying 1,000 £1.77 AMERICAN 17-Oct-08 Warrant Buying 4,000 £2.76 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 08/04/2008 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 Punch Taverns Plc Class of relevant security to which the dealings Common being disclosed relate Date of dealing 07/04/2008 2. DEALINGS (a) Purchases and sales Total number of securities Highest price paid Lowest price paid purchased 18,266 GBP 5.89 GBP 5.75 Total number of securities sold Highest price received Lowest price received 17,665 GBP 5.83 GBP 5.75 (b) Derivatives transactions (other than options) Product name, Short/Long Number of securities Price per unit eg. CFD Long Swap LONG 2,964 GBP 5.83 Product name, Short/Long Number of securities Price per unit eg. CFD Short Swap SHORT 3,648 GBP 5.81 (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 08/04/2008 Contact name Louise Howard Telephone number +44 20 7996 2121 Name of offeree/offeror with whom connected Punch Taverns 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 BHP Billiton Limited Class of relevant security to which the dealings Common being disclosed relate Date of dealing 07/04/2008 2. DEALINGS (a) Purchases and sales Total number of securities sold Highest price received Lowest price received 56,000 AUS 40.76 AUS 40.76 (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. NONE Date of disclosure 08/04/2008 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(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 Limited Class of relevant security to which the dealings Common being disclosed relate Date of dealing 07/04/2008 2. DEALINGS (a) Purchases and sales Total number of securities sold Highest price received Lowest price received 42,136 AUS 127.82 AUS 127.82 (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. NONE Date of disclosure 09/04/2008 Contact name Louise Howard Telephone number +44 20 7996 2121 Name of offeree/offeror with whom connected BHP Billiton Plc Nature of connection # Advisor This information is provided by RNS The company news service from the London Stock Exchange

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