20 December 2022
BHP provides an update to its announcement on 18 November 2022 that confirmed BHP had entered into a Confidentiality and Exclusivity Deed with OZ Minerals Limited (OZL) in relation to BHP’s revised non-binding indicative proposal to acquire 100% of OZL by way of a scheme of arrangement for a cash price of A$28.25 per OZL share (the Proposal). Under the Confidentiality and Exclusivity Deed, OZL granted BHP four weeks to undertake exclusive due diligence and negotiate a binding scheme implementation deed (SID).
In accordance with the terms of the Confidentiality and Exclusivity Deed, the exclusivity period has been extended for a further week until Tuesday 27 December 2022. This follows confirmation by BHP to OZL of completion of due diligence and the proposed cash price of A$28.25 per OZL share. The extension allows for finalisation and agreement of the binding SID.
The terms of any SID are subject to OZ Minerals Board approval and BHP Board approval. There is no guarantee that any transaction will eventuate or proceed at this stage.