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BIL
BIBLT
BIL - BHP Billiton Plc - BHP billiton notes panel deadline
BHP Billiton Plc
Share code: BIL
ISIN: GB0000566504
21 December 2007
Number
41/07
BHP BILLITON NOTES PANEL DEADLINE
BHP Billiton notes the statement made today by the UK Takeover Panel Executive
("Panel Executive") ruling that the deadline for BHP Billiton either to announce
a firm intention to make an offer for Rio Tinto or to announce that it does not
intend to make an offer for Rio Tinto is 5pm (London time) on Wednesday 6
February 2008.
BHP Billiton is considering its options in light of the deadline set by the
Panel Executive but no decision has yet been taken on this matter. Accordingly,
there can be no assurance that BHP Billiton will progress its proposal to Rio
Tinto or that any offer for Rio Tinto will be made. BHP Billiton continues to
seek to engage in discussions with Rio Tinto with a view to obtaining the
support and recommendation of the Board of Rio Tinto for its proposal.
Please find attached a copy of the UK Takeover Panel`s statement.
Further information on BHP Billiton can be found on our Internet site:
www.bhpbilliton.com
Australia United Kingdom
Samantha Evans, Media Relations Andre Liebenberg, Investor Relations
Tel: +61 3 9609 2898 Mobile: +61 400 Tel: +44 20 7802 4131 Mobile: +44
693 915 7920 236 974
Email: Samantha.Evans@bhpbilliton.com Email:Andre.Liebenberg@bhpbilliton.com
Don Carroll, Investor Relations Illtud Harri, Media Relations
Tel: +61 3 9609 2686 Tel: +44 20 7802 4195
Mobile: +61 417 591 938 Mobile: +44 7920 237 246
Email: Don.A.Carroll@bhpbilliton.com Email: Illtud.Harri@bhpbilliton.com
United States South Africa
Tracey Whitehead, Investor & Media Alison Gilbert, Investor Relations
Relations Tel: SA +27 11 376 2121 or
Tel: US +1 713 599 6100 or UK +44 20 7802 4183
UK +44 20 7802 4031 Mobile: +44 7769 936 227
Mobile: +44 7917 648 093 Email: Alison.Gilbert@bhpbilliton.com
Email:Tracey.Whitehead@bhpbilliton.com
The directors of BHP Billiton accept responsibility for the information
contained in this document. Having taken all reasonable care to ensure that such
is the case, the information contained in this document is, to the best of the
knowledge and belief of the directors of BHP Billiton, in accordance with the
facts and contains no omission likely to affect its import.
In connection with BHP Billiton`s proposed combination with Rio Tinto by way of
the proposed Schemes of Arrangement (the "Schemes"), the new BHP Billiton shares
to be issued to Rio Tinto shareholders under the terms of the Schemes have not
been, and will not be, registered under the US Securities Act of 1933, as
amended, or under the securities laws of any state, district or other
jurisdiction of the United States, and no regulatory clearances in respect of
the new BHP Billiton shares have been, or (possibly with certain limited
exceptions) will be, applied for in any jurisdiction of the United States. It
is expected that the new BHP Billiton shares will be issued in reliance upon the
exemption from the registration requirements of the US Securities Act provided
by Section 3(a)(10) thereof.
In the event that the proposed Schemes do not qualify (or BHP Billiton otherwise
elects pursuant to its right to proceed with the transaction in a manner that
does not qualify) for an exemption from the registration requirements of the US
Securities Act, BHP Billiton would expect to register the offer and sale of the
securities it would issue to Rio Tinto US shareholders and Rio Tinto ADS holders
by filing with the US Securities and Exchange Commission (the "SEC") a
registration statement (the "Registration Statement"), which would contain a
prospectus ("Prospectus"), as well as other relevant materials. No such
materials have yet been filed. This communication is not a substitute for any
Registration Statement or Prospectus that BHP Billiton may file with the SEC.
U.S. INVESTORS AND U.S. HOLDERS OF RIO TINTO SECURITIES AND ALL HOLDERS OF RIO
TINTO ADSs ARE STRONGLY URGED TO READ THE REGISTRATION STATEMENT AND PROSPECTUS
AND ANY OTHER DOCUMENTS MADE AVAILABLE TO THEM AND/OR FILED WITH THE SEC
REGARDING THE POTENTIAL TRANSACTION, AS WELL AS ANY AMENDMENTS AND SUPPLEMENTS
TO THOSE DOCUMENTS, IF AND WHEN THEY BECOME AVAILABLE BECAUSE THEY WILL CONTAIN
IMPORTANT INFORMATION.
If and when filed, investors and security holders will be able to obtain a free
copy of the Registration Statement, the Prospectus as well as other relevant
documents filed with the SEC at the SEC`s website (http://www.sec.gov), once
such documents are filed with the SEC. Copies of such documents may also be
obtained from BHP Billiton without charge, once they are filed with the SEC.
Date: 24/12/2007 07:26:21 Produced by the JSE SENS Department.
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