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BHP- BHP Billiton achieves more than 90% of WMC and proceeds with compulsory
acquisition
BHP Billiton Plc
Share code: BIL
Isin: GB0000566504
17 June 2005
BHP BILLITON ACHIEVES MORE THAN 90% OF WMC AND PROCEEDS WITH COMPULSORY
ACQUISITION
BHP Billiton announces that, as at 5.30 pm (Melbourne time) today, it had a
relevant interest in 90.59% of WMC Resources Ltd`s (WMC) issued shares.
Accordingly, BHP Billiton announces that it will not extend the offer. The
offer will close at 7:30pm (Melbourne time) 17 June 2005.
In accordance with its stated intentions as set out in its bidder`s statement,
BHP Billiton will now proceed under section 661B of the Corporations Act 2001
(Cth) to compulsorily acquire all of the outstanding shares in WMC. A formal
notice of compulsory acquisition is enclosed.
Further information
If shareholders have any questions in relation to the offer or accepting it,
they should contact the offer information line on 1300 365 849 (from within
Australia) or +61 3 9415 4254 (if calling from outside Australia) or, if calling
from the United States of America, MacKenzie Partners at (212) 929 5500 (call
collect) or (800) 322 2885 (toll free) or by email at
proxy@mackenziepartners.com, or consult their financial or other professional
adviser.
Further information on BHP Billiton can be found on our Internet site:
http://www.bhpbilliton.com
Australia
Jane Belcher, Investor Relations
Tel: +61 3 9609 3952 Mobile: +61 417 031 653
Email:Jane.H.Belcher@bhpbilliton.com
Tania Price, Media Relations
Tel: +61 3 9609 3815 Mobile: +61 419 152 780
Email:Tania.Price@bhpbilliton.com
United Kingdom
Mark Lidiard, Investor & Media Relations
Tel: +44 20 7802 4156 Mobile: +44 7769 934 942
Email:Mark.T.Lidiard@bhpbilliton.com
Ariane Gentil, Media Relations
Tel: +44 20 7802 4177 Mobile: +44 78 81 51 8715
Email:Ariane.Gentil@bhpbilliton.com
United States
Tel: US +1 713 599 6100 or UK +44 20 7802 4031
Email:Mark.T.Lidiard@bhpbilliton.com
South Africa
Michael Campbell, Investor & Media Relations
Tel: +27 11 376 3360 Mobile: +27 82 458 2587
Email:Michael.J.Campbell@bhpbilliton.com
Further Information for U.S. Holders
BHP Billiton has filed the Bidder`s Statement, as supplemented from time to
time, with the U.S. Securities and Exchange Commission (SEC) under cover of Form
CB. Investors and holders of WMC securities are strongly advised to read the
Bidder`s Statement and any other relevant documents filed with the SEC, as well
as any amendments and supplements to those documents, because they will contain
important information. Investors and holders of WMC securities may obtain free
copies of the informational document (when available) as well as other relevant
documents filed with the SEC, at the SEC`s website at www.sec.gov. WMC has
issued a target`s statement in connection with the offer which investors and
holders of WMC securities are strongly advised to read.
This communication is for information purposes only. It shall not constitute an
offer to purchase, sell or exchange or the solicitation of any offer to
purchase, sell or exchange any securities of WMC. The distribution of this
communication may, in some countries, be restricted by law or regulation.
Accordingly, persons who come into possession of this document should inform
themselves of and observe these restrictions.
ASIC registered 2466
agent number
lodging party or BLAKE DAWSON WALDRON
agent name
office, level, GPO Box 4958WW, Melbourne, 3001
building name or
PO Box no
street number & 101 Collins Street
name
suburb/city Melbourne state/ VIC Post 3001
territory code
telephone 03 9679 3000
facsimile 03 9679 3111
DX number 187 suburb Melbourne
/city
Ref 03 1365 9499
Australian Securities & Investments Commission form 6021
Notice of Corporations Act
compulsory acquisition 2001
following takeover bid 661B(1)(a)
To (1)
Securities of WMC Resources Ltd (2) (`the
Company`)
1.Under an Off Market Bid offers were BHP Billiton Lonsdale (3)
made by Investments Pty Ltd
in respect of the (4) in the Company. The
acquisition offers are scheduled to
of ordinary shares close on 17 June 2005
(5)
2. You are, or are entitled to be, registered as the holder of
securities in respect of which an offer was made, but have not
accepted the takeover offer.
3. The bidder hereby gives you notice under subsection 661B(1) of the
Corporations Act 2001 (`the Act`) that the bidder has become
entitled pursuant to subsection 661A(1) of the Act to compulsorily
acquire your securities and desires to acquire those securities.
4. Under section 661D of the Act, you have the right, by notice in
writing given to the bidder within one month after this notice is
lodged with ASIC, to ask the bidder for a written statement of the
names and addresses of everyone else the bidder has given this
notice to.
5. Under section 661E of the Act, you have the right, within one month
after being given this notice or within 14 days after being given a
statement requested under section 661D of the Act (as referred to
in paragraph 4 of this notice), whichever is the later, to apply to
the Court for an order that the securities not be compulsorily
acquired.
6. The bidder is entitled and bound to acquire the securities on the
terms that applied under the takeover bid immediately before (this
notice was given/the end of the offer period).*
7. Unless on application made by you under section 661E within one
month after being given this notice (as referred to in paragraph 5
of the notice) or within 14 days after being given a statement
under section 661D of the Act (as referred to in paragraph 4 of
this notice), whichever is the later, the Court otherwise orders,
the bidder must comply with paragraph 6 of this notice.
Signature
print name Ross E. Mallett capacity Company
Secretary
sign here date 17/06/2
5
DIRECTIONS
* Delete whichever does not apply
(1) Name and address of holder
(2) Name of target company or body.
(3) Name of bidder.
(4) Insert description of class of securities to which the bid related.
Insert date offers closed or are scheduled to close.
(5) Insert paragraph 5 only where alternative terms are included in the
(6) offer.
Insert details of alternative terms.
(7) Set out the terms that will apply.
(8)
Date: 17/06/2005 04:49:41 PM
Produced by the JSE SENS Department |
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