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CERTIFICATE OF ELIMINATION

OF

SERIES A PARTICIPATING CUMULATIVE PREFERRED STOCK

OF

FREEPORT-M c M o R an COPPER & GOLD INC.

 

Pursuant to Section 151(g)

of the General Corporation Law

of the State of Delaware

 

Freeport-McMoRan Copper & Gold Inc., a corporation organized and existing under the laws of the State of Delaware (the “Company”), in accordance with the provisions of Section 151(g) of the General Corporation Law of the State of Delaware (the “DGCL”), hereby certifies as follows:

 

1.   That the Board of Directors of the Company (the “Board”), pursuant to Section 151 of the DGCL and the authority granted in the Company’s Amended and Restated Certificate of Incorporation, as amended (the “Amended and Restated Certificate of Incorporation&rdqu


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