Proposed Merger with Anglo American

You are attempting to enter the part of the website that Xstrata plc (“Xstrata”) has designated for the publication of documents and information in connection with the proposed merger (the “Proposed Merger”) of Xstrata with Anglo American plc (“Anglo American”).

THE INFORMATION RELATING TO THE PROPOSED MERGER IS BEING MADE AVAILABLE ON THIS PART OF THE WEBSITE BY XSTRATA IN GOOD FAITH AND FOR INFORMATION PURPOSES ONLY. ANY INFORMATION MADE AVAILABLE ON THIS PART OF THE WEBSITE MAY NOT BE DOWNLOADED BY ANY PERSON EITHER IN WHOLE OR IN PART WHERE TO DO SO WOULD OR MAY CONSTITUTE A BREACH OF ANY APPLICABLE LOCAL LAWS OR REGULATIONS. ANY PERSON SEEKING ACCESS TO THIS PART OF XSTRATA’S WEBSITE REPRESENTS AND WARRANTS TO XSTRATA THAT THEY ARE DOING SO FOR INFORMATION PURPOSES ONLY.

ANY ACTION REQUIRED BY AN ANGLO AMERICAN SHAREHOLDER OR ANGLO AMERICAN ADR HOLDER IN CONNECTION WITH ANY MERGER WILL ONLY BE SET OUT IN ANY DOCUMENTS THAT MAY BE SENT TO, OR MADE AVAILABLE TO, ANGLO AMERICAN SHAREHOLDERS AND ANGLO AMERICAN ADR HOLDERS AND ANY DECISION MADE BY SUCH SHAREHOLDERS OR ADR HOLDERS SHOULD BE MADE SOLELY AND ONLY ON THE BASIS OF THE INFORMATION PROVIDED IN ANY SUCH DOCUMENTS.

Neither this part of the website nor any of the information contained herein is intended to and does not constitute or form part of an offer or invitation to purchase, or the solicitation of an offer to sell, any securities. Any Proposed Merger will be proposed to Anglo American shareholders and Anglo American ADR holders solely by means of an offer document (or, if the Proposed Merger is to be implemented by means of a scheme of arrangement of Anglo American, by a scheme document) and, if applicable, forms of acceptance accompanying the offer document, which will contain the full terms and conditions of the Proposed Merger including details of how it may be accepted.

The information contained in this part of the website and the information contained herein is subject to, and must be read in conjunction with, all other publicly available information, including Xstrata’s announcement confirming its approach to Anglo American regarding the Proposed Merger dated 21 June 2009 and, where relevant, any further disclosure document(s) published by Xstrata and Anglo American.

Overseas Jurisdictions

The release, publication or distribution of any material or information on this part of the website in jurisdictions other than the United Kingdom may be restricted by law and therefore persons viewing this part of the website, and into whose possession any information in this part of the website comes, should inform themselves about, and observe, any applicable restrictions. Any failure to comply with such restrictions may constitute a violation of the securities laws of any such jurisdiction.

Forward-looking statements

This part of the website and the information contained herein contain statements which are, or may be deemed to be, "forward-looking statements" which are prospective in nature. Forward-looking statements are not based on historical facts, but rather on current expectations and projections about future events, and are therefore subject to risks and uncertainties which could cause actual results to differ materially from the future results expressed or implied by the forward-looking statements. Often, but not always, forward-looking statements can be identified by the use of forward-looking words such as "plans", "expects" or "does not expect", "is expected", "is subject to", "budget", "scheduled", "estimates", "forecasts", "intends", "anticipates" or "does not anticipate", or "believes", or variations of such words and phrases or statements that certain actions, events or results "may", "could", "should", "would", "might" or "will" be taken, occur or be achieved. Such statements are qualified in their entirety by the inherent risks and uncertainties surrounding future expectations.

Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of Xstrata or Anglo American to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Important factors that could cause actual results, performance or achievements of Xstrata or Anglo American to differ materially from the expectations of Xstrata or Anglo American, as applicable, include, among other things, general business and economic conditions globally, commodity price volatility, industry trends, competition, changes in government and other regulation, including in relation to the environment, health and safety and taxation, labour relations and work stoppages, changes in political and economic stability, disruptions in business operations due to reorganisation activities (whether or not Xstrata merges with Anglo American), interest rate and currency fluctuations, the failure to satisfy any conditions for any possible merger on a timely basis or at all, the failure to satisfy the conditions of any actual merger of Xstrata with Anglo American if and when implemented (including approvals or clearances from regulatory and other agencies and bodies) on a timely basis or at all, the failure of Xstrata to merge with Anglo American on a timely basis or at all, the inability of the merged group to successfully realise Xstrata’s anticipated synergy benefits if and when a merger of Xstrata and Anglo American is implemented, the inability of the merged group to successfully integrate Xstrata’s and Anglo American's operations and programmes if and when a merger of Xstrata and Anglo American is implemented, the merged group incurring and/or experiencing unanticipated costs and/or delays or difficulties relating to the merger of Xstrata and Anglo American if and when a merger of Xstrata and Anglo American is implemented. Such forward-looking statements should therefore be construed in light of such factors.

Neither Xstrata, nor any of its associates or directors, officers or advisers, provides any representation, assurance or guarantee that the occurrence of the events expressed or implied in any forward-looking statements in this part of the website or the information contained herein will actually occur. You are cautioned not to place undue reliance on these forward-looking statements.

Other than in accordance with its legal or regulatory obligations (including under the UK Listing Rules and the Disclosure and Transparency Rules of the Financial Services Authority), Xstrata is not under any obligation and Xstrata expressly disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Not a profit forecast

No statement in this part of the website or the information contained herein is intended as a profit forecast or a profit estimate and no statement in this part of the website or the information contained herein should be interpreted to mean that the future earnings per share of the merged group, Xstrata and/or Anglo American for current or future financial years will necessarily match or exceed the historical published earnings per share of Xstrata or Anglo American.

Responsibility

The directors of Xstrata accept responsibility for the information relating to Xstrata contained in the documents available on this part of the website, save that, except as otherwise specified in the relevant document(s), the only responsibility accepted by them in respect of the information relating to Anglo American (and its subsidiaries, subsidiary undertakings and associated undertakings (including any joint venture, partnership, firm or company in which Anglo American or any of its subsidiaries or subsidiary undertakings is interested or any undertaking in which Anglo American and such undertakings (aggregating their interests) have a direct or indirect interest in 20 per cent. or more of the voting equity capital of an undertaking)), which has been compiled from public sources, is to ensure that such information has been correctly and fairly reproduced and represented. To the best of the knowledge and belief of the directors of Xstrata (who have taken all reasonable care to ensure that such is the case), the information for which they are responsible is in accordance with the facts and does not omit anything likely to affect the import of such information.

Subject to any continuing obligations under applicable law or any relevant listing rules, Xstrata expressly disclaims any obligation to disseminate any updates or revisions to any statements in this part of the website or the information contained herein to reflect any change in expectations or events, conditions or circumstances on which any such statement(s) is based.

Confirmation of understanding and acceptance of disclaimer

I have read and understood the disclaimer set out above. I understand that it may affect my rights. I agree to be bound by its terms. I confirm that I am permitted to proceed to this part of the site.