27th May 2005 07:01
BHP Billiton PLC27 May 2005 27 May 2005 To: Mr. Peter Horton - WMC New York Stock ExchangeCompany Announcements Platform Swiss Stock ExchangeThe Australian Stock Exchange JSE Securities Exchange SALondon Stock Exchange Deutsche BankOld Broad Street UBS ZurichLondon EC2N 1HPUnited Kingdom Notice of Change of Interests of Substantial Holder Report on Acceptance Facility In accordance with Chapter 6C of the Corporations Act 2001 (Cwth), BHP Billitonissues the attached ASIC Form 604 (Notice of Change of Interests of SubstantialHolder) in relation to the ordinary shares in WMC Resources Ltd (WMC Resources). BHP Billiton reports that since its most recent substantial holding notice on 2May 2005, the aggregate of: •the number of WMC Resources shares in respect of which acceptance instructions (in the form of acceptance forms and/or directions to custodians to accept BHP Billiton's offer) have been received in the Acceptance Facility as at 7:30pm yesterday (as advised by Merrill Lynch Equities (Australia) Limited to BHP Billiton); and •the number of WMC Resources shares in which BHP Billiton has a relevant interest, has increased from 3.53% to 5.20%.The following table is a breakdown of the aggregate amount between those twocategories. Number of WMC Resources Percentage of WMC Resources' Shares existing issued sharesAcceptance 7,000,000 0.60%FacilityRelevant interest 54,052,166 4.6%TOTALS 61,052,166 5.20% In addition, BHP Billiton notes that it holds economic exposure to 50,624,000WMC Resources shares (4.31% of the issued share capital) through cash settledderivative contracts. Yours sincerely Ross MallettDeputy Company Secretary Form 604Corporations Act 2001Section 671BNotice of change of interests of substantial holder To Company Name/Scheme WMC Resources Ltd ACN/ARSN 76 004 184 598 1. Details of substantial holder (1) Name BHP Billiton Limited ACN/ARSN (if applicable) 49 004 028 077 This notice is also given by BHP Billiton Limited on behalf of BHP Billiton Plc and on behalf of BHP BillitonLimited's controlled bodies corporate (Subsidiaries) and on behalf of BHP Billiton Plc's controlled bodiescorporate including those named in Annexure A of the Form 603 "Notice of initial substantial holder" dated 22March 2005 There was a change in the interestsof thesubstantial holder on 26/05/2005The previous notice was given to the 2/05/2005company onThe previous notice was dated 2/05/2005 2. Previous and present voting power The total number of votes attached to all the voting shares in the company or voting interests in the scheme thatthe substantial holder or an associate (2) had a relevant interest (3) in when last required, and when now required, to give a substantial holding notice to the company or scheme, are as follows: Class of securities Previous notice Present notice (4) Person's votes Voting power (5) Person's votes Voting power (5) Ordinary shares 41,536,727 3.53% 54,052,166 4.60% 3. Changes in relevant interests Particulars of each change in, or change in the nature of, a relevant interest of the substantial holder or anassociate in voting securities of the company or scheme, since the substantial holder was last required to give a substantial holding notice to the company or scheme are as follows: Date of Person whose Nature of Consideration Class and Person's votes change relevant change (6) given in relation number of affected interest changed to change (7) securities affected 30/04 -26/ BHP Billiton Purchaser of securities $7.85 for each WMC 12,515,439 12,515,439 05/2005 Lonsdale pursuant to contracts Resources Ltd ordinary Investments Pty arising as a result of ordinary share shares Ltd acceptances of takeover offers as set out in the Bidder's Statement, the form of which was given to the Australian Stock Exchange Limited by the substantial holder on 21 March 2005 As above BHP Billiton Taken under section 608 Nil As above for As above for BHP for BHP Limited (3)(b) of the BHP Billiton Billiton Lonsdale Billiton Corporations Act to Lonsdale Investments Pty Lonsdale have a relevant Investments Ltd Investments interest by reason of Pty Ltd Pty Ltd having control of BHP Billiton Lonsdale Investments Pty Ltd As above Each of the Taken under section 608 Nil As above for As above for BHP for BHP Subsidiaries (3)(a) of the BHP Billiton Billiton Lonsdale Billiton Corporations Act to Lonsdale Investments Pty Lonsdale have a relevant Investments Ltd Investments interest by reason of Pty Ltd Pty Ltd having voting power (through the relevant interests of its associate, BHP Billiton Limited) above 20% in BHP Billiton Lonsdale Investments Pty Ltd 4. Present relevant interests Particulars of each relevant interest of the substantial holder in voting securities after the change are asfollows: Holder of Registered Person Nature of Class and Person's relevant holder of entitled relevant number of votes interest securities to be interest (6) securities registered as holder (8) BHP Billiton Various offerees BHP Power to control disposal of the 54,052,166 54,052,166 Lonsdale who have accepted Billiton securities pursuant to the contracts ordinary Investments the takeover Lonsdale referred to in paragraph 3 shares Pty Ltd offers referred to Investments in paragraph 3 Pty Ltd BHP Billiton As above for BHP BHP Taken under section 608(3)(b) of the As above for As above for Limited Billiton Lonsdale Billiton Corporations Act to have a relevant BHP Billiton BHP Billiton Investments Pty Lonsdale interest by reason of having control Lonsdale Lonsdale Ltd Investments of BHP Billiton Lonsdale Investments Investments Investments Pty Ltd Pty Ltd Pty Ltd Pty Ltd Each of the As above for BHP BHP Taken under section 608(3)(a) of the As above for As above for Subsidiaries Billiton Lonsdale Billiton Corporations Act to have a relevant BHP Billiton BHP Billiton Investments Pty Lonsdale interest by reason of having voting Lonsdale Lonsdale Ltd Investments power (through the relevant interests Investments Investments Pty Ltd of its associate, BHP Billiton Pty Ltd Pty Ltd Limited) above 20% in BHP Billiton Lonsdale Investments Pty Ltd 5. Changes in associationThe persons who have become associates (2) of, ceased to be associates of, or have changed the nature of theirassociation (9) with, the substantial holder in relation to voting interests in the company or scheme are as follows: Name and ACN/ARSN (if Nature of association applicable) Not applicable Not applicable 6. AddressesThe addresses of persons named in this form are as follows: Name Address BHP Billiton Limited and C/- BHP BIlliton Limited each other person on whose 180 Lonsdale Street, Melbourne, Victoria 3000 behalf this notice is given Signature print name Ross Mallett capacity Deputy Company Secretarysign here date 27/05/2005 DIRECTIONS(1) If there are a number of substantial holders with similar or related relevant interests (eg. a corporation and its related corporations, or the manager and trustee of an equity trust), the names could be included in an annexure to the form. If the relevant interests of a group of persons are essentially similar, they may be referred to throughout the form as a specifically named group if the membership of each group, with the names and addresses of members is clearly set out in paragraph 6 of the form. (2) See the definition of "associate" in section 9 of the Corporations Act 2001. (3) See the definition of "relevant interest" in sections 608 and 671B(7) of the Corporations Act 2001. (4) The voting shares of a company constitute one class unless divided into separate classes. (5) The person's votes divided by the total votes in the body corporate or scheme multiplied by 100. (6) Include details of: (a) any relevant agreement or other circumstances because of which the change in relevant interest occurred. If subsection 671B(4) applies, a copy of any document setting out the terms of any relevant agreement, and a statement by the person giving full and accurate details of any contract, scheme or arrangement, must accompany this form, together with a written statement certifying this contract, scheme or arrangement; and (b) any qualification of the power of a person to exercise, control the exercise of, or influence the exercise of, the voting powers or disposal of the securities to which the relevant interest relates (indicating clearly the particular securities to which the qualification applies). See the definition of "relevant agreement" in section 9 of the Corporations Act 2001. (7) Details of the consideration must include any and all benefits, money and other, that any person from whom a relevant interest was acquired has, or may, become entitled to receive in relation to that acquisition. Details must be included even if the benefit is conditional on the happening or not of a contingency. Details must be included on any benefit paid on behalf of the substantial holder or its associate in relation to the acquisitions, even if they are not paid directly to the person from whom the relevant interest was acquired. (8) If the substantial holder is unable to determine the identity of the person (eg. if the relevant interest arises because of an option) write "unknown'". (9) Give details, if appropriate, of the present association and any change in that association since the last substantial holding notice. BHP Billiton Limited ABN 49 004 028 077 BHP Billiton Plc Registration number 3196209Registered in Australia Registered in England and WalesRegistered Office: Level 27, 180 Lonsdale Street Melbourne Registered Office: Neathouse Place London SW1V 1BHVictoria 3000 United KingdomTelephone +61 1300 554 757 Facsimile +61 3 9609 3015 Telephone +44 20 7802 4000 Facsimile +44 20 7802 4111 The BHP Billiton Group is headquartered in Australia This information is provided by RNS The company news service from the London Stock ExchangeRelated Shares:
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