0001193125-08-068046 Sample Contracts

SECOND AMENDED AND RESTATED DEPOSIT AGREEMENT by and among BHP BILLITON LIMITED AND CITIBANK, N.A., as Depositary, AND THE HOLDERS AND BENEFICIAL OWNERS OF AMERICAN DEPOSITARY SHARES ISSUED HEREUNDER Dated as of July 2, 2007
Deposit Agreement • March 28th, 2008 • BHP Billiton LTD • Metal mining • New York

SECOND AMENDED AND RESTATED DEPOSIT AGREEMENT, dated as of July 2, 2007, by and among (i) BHP BILLITON LIMITED, a corporation organized under the laws of Australia and its successors (the “Company”), (ii) CITIBANK, N.A., a national banking association organized under the laws of the United States of America acting in its capacity as depositary, and any successor depositary hereunder (the “Depositary”), and (iii) all Holders and Beneficial Owners of American Depositary Shares issued hereunder (all such capitalized terms as hereinafter defined).

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