0000950130-03-003145 Sample Contracts

Senior Notes due 2013 BHP BILLITON FINANCE (USA) LIMITED Fully and Unconditionally Guaranteed by BHP BILLITON LIMITED and BHP BILLITON Plc UNDERWRITING AGREEMENT
Underwriting Agreement • April 10th, 2003 • BHP Billiton LTD • Metal mining • New York

BHP Billiton Finance (USA) Limited, a company incorporated in the Commonwealth of Australia (the “Company”), proposes to issue and sell $ ,000,000 aggregate principal amount of its ___% Senior Notes due 2013 (the “Securities”). The Securities will be issued pursuant to an Indenture to be dated as of _______________, 2003 (the “Indenture”), among the Company, BHP Billiton Limited, a company incorporated in the Commonwealth of Australia (“BHP”), BHP Billiton Plc, a company incorporated under the laws of England and Wales (“Billiton”, and together with BHP, the “Guarantors”), and Citibank, N.A., as trustee (the “Trustee”), the form of which has been filed as an exhibit to the Registration Statement (as defined below). Pursuant to the Indenture, each of the Guarantors will jointly and severally guarantee the payment of all amounts owing by the Company with respect to the Securities and a guarantee executed by each of the Guarantors (together, the “Guarantees”) will be endorsed on each Secu

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