0001019155-10-000293 Sample Contracts

NEWCREST MINING LIMITED AND THE BANK OF NEW YORK MELLON As Depositary AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Amended and Restated Deposit Agreement Dated as of ___________, 2010
Deposit Agreement • August 13th, 2010 • Bank of New York / Adr Division • American depositary receipts • New York

DEPOSIT AGREEMENT dated as of ________, 2010 among Newcrest Mining Limited (A.C.N. 005 683 625), incorporated under the laws of the Commonwealth of Australia (herein called the “Company”), THE BANK OF NEW YORK MELLON (formerly known as The Bank of New York), a New York banking corporation, as Depositary (herein called the “Depositary”), and all Owners and Holders from time to time of American Depositary Shares issued hereunder.

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