BHP has 3.7% plus insiders 9.9% have agreed to tender, so all they need is an additional 36.5% out of the other 62.7% that Wyloo does not own or control.

But sorry BHP, I am not tendering my shares until I see a 1 in front of the number. 

I do not see Wyloo giving up so easily ... As a minority holder, they will be diluted into oblivion and have no say in matters.   I see them making a bold move to swoop up majority control so they can dilute BHP out.