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EPT Disclosure

18th Nov 2008 11:40

FORM 38.5(b)

DEALINGS BY CONNECTED EXEMPT PRINCIPAL TRADERS

WITHOUT RECOGNISED INTERMEDIARY STATUS, OR WITH RI STATUS

BUT NOT DEALING IN A CLIENT-SERVING CAPACITY

(Rule 38.5(b) of the Takeover Code)

1. KEY INFORMATION

Name of exempt principal trader ABN AMRO BANK N.V. London Branch (Subsidiary of RFS Holding N.V.)
Company dealt in BHP Billiton Plc
Class of relevant security to which the dealings being disclosed relate (Note 1) ORD 0.50 USD
Date of dealing 17 November 2008

2. INTERESTS, SHORT POSITIONS AND RIGHTS TO SUBSCRIBE

(a) Interests and short positions (following dealing) in the class of relevant security dealt in (Note 2)

Long Short

Number (%) Number (%)
(1) Relevant securities 3,094,917 0.1402% 17,957 0.0008%
(2) Derivatives (other than options) 0 0% 83,158 0.0038%
(3) Options and agreements to purchase/sell 200,000 0.0091% 1,000 0.0000%
Total 3,294,917 0.1493% 102,115 0.0046%

(b) Interests and short positions in relevant securities of the company, other than the class dealt in (Note 2)

Class of relevant security: Long Short

Number (%) Number (%)
(1) Relevant securities 0 0% 0 0%
(2) Derivatives (other than options) 0 0% 0 0%
(3) Options and agreements to purchase/sell 0 0% 0 0%
Total 0 0% 0 0%

(c) Rights to subscribe (Note 2)

Class of relevant security: Details

3. DEALINGS (Note 3)

(a) Purchases and sales

Purchase/sale Number of securities Price per unit (Note 4)
Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

TOTAL

Sale

Sale

Sale

Sale

Sale

Sale

TOTAL

1,550

4,937

1,361

4,111

1,351

1,775

1,378

1,370

420

3,746

1,386

447

1,435

4,942

2,000

1,412

51,617

1,593

3,108

5,273

1,714

4,360

2,674

2,725

2,678

3,581

1,453

2,008

1,360

4,936

6,886

6,450

738

8,234

15,810

5,555

13,236

4,813

13,876

9,624

10,195

9,375

12,048

4,670

5,398

2,014

5,521

1,767

4,408

5,928

2,695

4,125

3,339

724

4,289

100

3,360

3,344

291,223

2,000

150

57,500

144,360

2,700

563

207,273

8.5450 GBP

8.5600 GBP

8.6050 GBP

8.6150 GBP

8.6200 GBP

8.6250 GBP

8.6450 GBP

8.6550 GBP

8.6600 GBP

8.6650 GBP

8.6700 GBP

8.6750 GBP

8.6900 GBP

8.6950 GBP

8.7000 GBP

8.7100 GBP

8.7200 GBP

8.7300 GBP

8.7400 GBP

8.7450 GBP

8.7650 GBP

8.7700 GBP

8.8000 GBP

8.8050 GBP

8.8100 GBP

8.8200 GBP

8.8250 GBP

8.8300 GBP

8.8350 GBP

8.8500 GBP

8.8600 GBP

8.8650 GBP

8.8700 GBP

8.8750 GBP

8.8800 GBP

8.8850 GBP

8.8900 GBP

8.8950 GBP

8.9000 GBP

8.9050 GBP

8.9100 GBP

8.9150 GBP

8.9200 GBP

8.9250 GBP

8.9300 GBP

8.9350 GBP

8.9400 GBP

8.9450 GBP

8.9500 GBP

8.9550 GBP

8.9600 GBP

8.9650 GBP

8.9700 GBP

8.9800 GBP

8.9900 GBP

9.1100 GBP

9.1200 GBP

9.1300 GBP

8.7000 GBP

8.7750 GBP

8.8198 GBP

8.8593 GBP

8.9050 GBP

8.9436 GBP

(b) Derivatives transactions (other than options)

Product name,

e.g. CFD

Jun 2010 Call Warrant

Jun 2010 Call Warrant

Long/short (Note 5)

Short

Short

Number of securities (Note 6)

400

2500

Price per unit (Note 4)

0.2200 EUR

0.2000 EUR

(c) Options transactions in respect of existing securities

(i) Writing, selling, purchasing or varying

Product name,

e.g. call option

Writing, selling, purchasing, varying etc. Number of securities to which the option relates (Note 6) Exercise

price

Type, e.g. American, European etc. Expiry

date

Option money

paid/received per unit (Note 4)

(ii) Exercising

Product name, e.g. call option Number of securities Exercise price per unit (Note 4)

(d) Other dealings (including new securities) (Note 3)

Nature of transaction (Note 7) Details Price per unit (if applicable) (Note 4)

4. 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.

Is a Supplemental Form 38.5(b) attached? (Note 8) YES/NO

Date of disclosure 18 November 2008
Contact name Fraser Wyeth
Telephone number +44 (0) 20 7678 0480
Name of offeree/offeror with which connected Rio Tinto
Nature of connection (Note 9) Advisor

Notes

The Notes on Form 38.5(b) can be viewed on the Takeover Panel's website at www.thetakeoverpanel.org.uk

SUPPLEMENTAL FORM 8

DETAILS OF OPEN POSITIONS

(This form should be attached to Form 8.1, Form 8.1(b)(ii) or Form 8.3, as appropriate)

OPEN POSITIONS (Note 1)

Product name,

e.g. call option

Written or purchased Number of securities to which the option or derivative relates Exercise price (Note 2) Type, e.g. American, European etc. Expiry date
Dec 2010 Call Option Purchased 100,000 16.3500 GBP Euro 17-Dec-10
Dec 2010 Put Option Written 100,000 16.3500 GBP Euro 17-Dec-10
Oct 2008 Call Option Purchased 75,000 16.0000 GBP American 17-Oct-08
June 2009 Put Option Purchased 1,000 12.000 GBP American 19-Jun-09

Notes

1. Where there are open option positions or open derivative positions (except for CFDs), full details should be given. Full details of any existing agreements to purchase or to sell should also be given on this form.

2. For all prices and other monetary amounts, the currency must be stated.

For details of the Code's dealing disclosure requirements, see Rule 8 and its Notes which can be viewed on the Takeover Panel's website at www.thetakeoverpanel.org.uk

Copyright Business Wire 2008


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