0001193805-12-000127 Sample Contracts

DEPOSIT AGREEMENT
Deposit Agreement • February 7th, 2012 • Citibank,N.A./ADR • New York

DEPOSIT AGREEMENT, dated as of [DATE], 2012, by and among (i) FORTESCUE METALS GROUP LTD, a corporation duly incorporated and existing under the laws of the Commonwealth 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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