7th Jun 2005 07:02
BHP Billiton PLC07 June 2005 7 June 2005 To: Company Announcements Platform Mr. Peter Horton - WMCThe Australian Stock Exchange New York Stock Exchange Swiss Stock ExchangeLondon Stock Exchange JSE Securities Exchange SAOld Broad Street Deutsche BankLondon EC2N 1HP UBS ZurichUnited 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 Notice of Change of Interests of Substantial Holder (ASICForm 604) in relation to the ordinary shares in WMC Resources Ltd (WMC). ThisNotice shows that BHP Billiton's voting power in WMC has increased from 62.33%to 77.41%. In accordance with the terms of the Acceptance Facility, the acceptanceinstructions received by Merrill Lynch Equities (Australia) Limited weredelivered by it on 3 June 2005 to relevant custodians for implementing (i.e., byaccepting BHP Billiton's offer for the relevant number of WMC shares).Consequently, BHP Billiton will no longer separately report the number of WMCshares for which acceptance instructions had been received in the AcceptanceFacility. BHP Billiton notes, however, that all acceptance instructions received under theAcceptance Facility may not yet have been implemented by all relevantcustodians. BHP Billiton expects that implementation of the remainder of theinstructions will occur over the next few days. Until all acceptanceinstructions have been implemented, BHP Billiton's voting power will not includeall WMC shares that were the subject of acceptance instructions. In addition, BHP Billiton notes that it no longer holds an economic exposure toWMC shares through cash settled derivative contracts. These contracts were allterminated yesterday. Yours faithfully Ross MallettDeputy Company Secretary Corporations Act 2001 Section 671B Notice 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 LimitedACN/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 the substantial holder on 6/06/2005The previous notice was given to the 6/06/2005company onThe previous notice was dated 6/06/2005 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 732,595,693 62.33% 909,825,878 77.41% 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 change relevant change (6) given in relation number of votes interest to change (7) securities affected changed affected 6/06/2005 BHP Billiton Purchaser of securities $7.85 for each WMC 128,475,338 128,475,338 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 6/06/2005 BHP Billiton Entry into contracts $7.85 for each WMC 48,754,847 48,754,847 Lonsdale for the purchase of the Resources Ltd ordinary Investments Pty securities on ordinary share shares Ltd Australian Stock Exchange Limited (ASX) 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 822,801,799 822,801,799 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 Investments to in paragraph Pty Ltd 3 BHP Billiton Various vendors BHP Relevant interest under section 608 87,024,079 87,024,079 Lonsdale of securities on Billiton (1) of the Corporations Act pursuant ordinary Investments ASX Lonsdale to the purchase of securities on shares Pty Ltd Investments ASX 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 Investments Investments Pty Ltd interests of its associate, BHP Pty Ltd Pty Ltd Billiton 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 07/06/2005 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 Registered Office: Neathouse Place LondonMelbourne Victoria 3000 SW1V 1BH United KingdomTelephone +61 1300 554 757 Facsimile +61 3 9609 Telephone +44 20 7802 4000 Facsimile +44 203015 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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