Rule 8.1 - HERSHEY COMPANY

FORM 8.1 On the Rule 8.1 report published yesterday for The Hershey Company, the Option Money Paid / Received per Unit figures were omitted. These figures have been included on this amended report. DEALINGS BY OFFERORS, OFFEREE COMPANIES OR THEIR ASSOCIATES FOR THEMSELVES OR FOR DISCRETIONARY CLIENTS (Rules 8.1(a) and (b)(i) of the Takeover Code) 1. KEY INFORMATION Name of person dealing (Note 1) Barclays Capital Inc Company dealt in The Hershey Company Class of relevant security Common Stock to which the dealings being disclosed relate (Note 2) Date of dealing 31 December 2009 2. INTERESTS, SHORT POSITIONS AND RIGHTS TO SUBSCRIBE (a) Interests and short positions (following dealing) in the class of relevant security dealt in (Note 3) Long Short Number (%) Number (%) (1) Relevant securities 89,746 0.05 17,021 0.01 (2) Derivatives (other than options) 0 0.00 0 0.00 (3) Options and agreements 140,400 0.08 130,700 0.08 to purchase/sell Total 230,146 0.13 147,721 0.09 (b) Interests and short positions in relevant securities of the company, other than the class dealt in (Note 3) Class of relevant security: Long Short Number Number (%) (%) (1) Relevant securities (2) Derivatives (other than options) (3) Options and agreements to purchase/sell Total (c) Rights to subscribe (Note 3) Class of relevant security: Details 3. DEALINGS (Note 4) (a) Purchases and sales Purchase/sale Number of securities Price per unit (Note 5) Purchase 14,100 36.0508 Purchase 800 35.96375 Purchase 800 35.99875 Purchase 3,827 35.79 Purchase 400 35.9825 Purchase 100 35.8057 Purchase 100 35.83 Purchase 200 36.07 Purchase 200 36.315 Purchase 300 36.25666667 Purchase 100 35.97 Purchase 100 36.51 Purchase 1,900 36.06894737 Purchase 10,800 36.05064815 Purchase 800 36.12125 Purchase 600 36.08166667 Purchase 365 36.49 Purchase 22 36.04 Purchase 100 35.83 Sale 3,527 35.79 Sale 300 35.79 Sale 14,100 36.0508 Sale 1,600 35.9813 Sale 300 36.39 Sale 200 36.07 Sale 100 36.51 Sale 100 35.97 Sale 200 36.315 Sale 300 36.256667 Sale 14,100 36.0508 Sale 22 36.04 Sale 100 35.83 (b) Derivatives transactions (other than options) Product Long/short Number of securities Price per unit name, (Note 6) (Note 7) (Note 5) e.g. CFD (c) Options transactions in respect of existing securities (i) Writing, selling, purchasing or varying Product Writing, Number of Exercise Type, Expiry Option name, selling, securities price e.g. date money e.g. call purchasing, to (USD) American, paid/received option varying etc. which the European per unit option etc. (Note 5) relates (Note 7) CALL Purchase 600 40 American 16/01/2010 0.05 CALL Purchase 100 40 American 22/05/2010 0.55 PUT Purchase 100 35 American 16/01/2010 0.35 PUT Purchase 900 35 American 16/01/2010 0.35 PUT Purchase 100 35 American 16/01/2010 0.35 PUT Purchase 900 35 American 16/01/2010 0.35 CALL Purchase 100 40 American 21/08/2010 0.9 CALL Purchase 200 35 American 20/02/2010 0.75 PUT Purchase 100 35 American 20/02/2010 0.8 CALL Purchase 100 35 American 20/02/2010 0.8 CALL Purchase 200 35 American 20/02/2010 0.75 CALL Purchase 200 40 American 20/02/2010 4.1 CALL Purchase 100 40 American 20/02/2010 4.1 PUT Purchase 200 40 American 20/02/2010 0.15 PUT Purchase 1,200 40 American 20/02/2010 0.1 PUT Sale 600 35 American 21/08/2010 2.9 PUT Sale 100 35 American 21/08/2010 2.9 PUT Sale 600 40 American 21/01/2012 7.8 PUT Sale 100 30 American 21/01/2012 7.9 CALL Sale 100 30 American 21/01/2012 7.9 CALL Sale 100 30 American 21/01/2012 7.9 (ii) Exercising Product name, e.g. call Number of securities Exercise price per unit option (Note 5) (d) Other dealings (including new securities) (Note 4) Nature of transaction Details Price per unit (if (Note 8) applicable) (Note 5) 4. OTHER INFORMATION Agreements, arrangements or understandings relating to options or derivatives Full details of any agreement, arrangement or understanding between the person disclosing and any other person relating to the voting rights of any relevant securities under any option referred to on this form or relating to the voting rights or future acquisition or disposal of any relevant securities to which any derivative referred to on this form is referenced. If none, this should be stated. Is a Supplemental Form 8 attached? (Note 9) YES Date of disclosure 05 January 2010 Contact name Geoff Smith Telephone number 020 7116 2913 Name of offeree/offeror with which Kraft Foods Inc associated Specify category and nature of associate Advisor status (Note 10) Notes The Notes on Form 8.1 can be viewed on the Takeover Panel's website at www.thetakeoverpanel.org.uk SUPPLEMENTAL FORM 8 DETAILS OF OPEN POSITIONS (This form should be attached to Form 8.1, Form 8.1(b)(ii) or Form 8.3, as appropriate) OPEN POSITIONS (Note 1) Product Written or Number of Exercise Type, e.g. Expiry date name, purchased securities price American, e.g. call to which the (Note 2) European option option or etc. derivative relates PUT Purchased 1,200 20 American 16-Jan-10 PUT Purchased 700 20 American 22-Jan-11 PUT Purchased 1,100 30 American 22-May-10 PUT Purchased 400 30 American 21-Aug-10 PUT Purchased 500 30 American 21-Jan-12 PUT Purchased 8,100 35 American 20-Feb-10 PUT Purchased 3,700 35 American 22-May-10 PUT Purchased 3,200 35 American 21-Aug-10 PUT Purchased 5,500 35 American 22-Jan-11 PUT Purchased 900 40 American 16-Jan-10 PUT Purchased 10,700 40 American 20-Feb-10 PUT Purchased 6,800 40 American 22-May-10 PUT Purchased 3,200 40 American 22-Jan-11 PUT Purchased 2,800 45 American 16-Jan-10 PUT Purchased 3,700 45 American 20-Feb-10 PUT Purchased 5,200 45 American 22-May-10 PUT Purchased 10,000 45 American 22-Jan-11 PUT Purchased 500 50 American 22-Jan-11 PUT Purchased 1,000 50 American 21-Jan-12 PUT Sold 3,800 20 American 20-Feb-10 PUT Sold 1,000 25 American 16-Jan-10 PUT Sold 100 25 American 20-Feb-10 PUT Sold 1,900 25 American 22-Jan-11 PUT Sold 3,900 30 American 16-Jan-10 PUT Sold 1,200 30 American 22-Jan-11 PUT Sold 9,000 35 American 16-Jan-10 PUT Sold 600 40 American 21-Jan-12 PUT Sold 500 50 American 20-Feb-10 CALL Purchased 400 30 American 22-Jan-11 CALL Purchased 7,100 35 American 20-Feb-10 CALL Purchased 200 35 American 22-Jan-11 CALL Purchased 15,600 40 American 20-Feb-10 CALL Purchased 800 40 American 21-Aug-10 CALL Purchased 36,300 45 American 16-Jan-10 CALL Purchased 600 45 American 20-Feb-10 CALL Purchased 800 45 American 22-Jan-11 CALL Purchased 6,400 50 American 20-Feb-10 CALL Purchased 2,500 50 American 22-May-10 CALL Purchased 500 50 American 21-Jan-12 CALL Sold 400 30 American 16-Jan-10 CALL Sold 1,500 30 American 20-Feb-10 CALL Sold 900 30 American 22-May-10 CALL Sold 500 30 American 21-Jan-12 CALL Sold 2,100 35 American 16-Jan-10 CALL Sold 6,700 35 American 22-May-10 CALL Sold 700 35 American 21-Aug-10 CALL Sold 20,500 40 American 16-Jan-10 CALL Sold 10,200 40 American 22-May-10 CALL Sold 23,200 40 American 22-Jan-11 CALL Sold 3,200 40 American 21-Jan-12 CALL Sold 23,700 45 American 16-Jan-10 CALL Sold 8,200 45 American 22-May-10 CALL Sold 2,900 50 American 16-Jan-10 CALL Sold 3,000 50 American 22-Jan-11 CALL Sold 100 55 American 20-Feb-10 CALL Sold 600 60 American 16-Jan-10 CALL Sold 200 60 American 22-Jan-11 CALL Sold 100 70 American 16-Jan-10 Notes 1. Where there are open option positions or open derivative positions (except for CFDs), full details should be given. Full details of any existing agreements to purchase or to sell should also be given on this form. 2. For all prices and other monetary amounts, the currency must be stated. For details of the Code's dealing disclosure requirements, see Rule 8 and its Notes which can be viewed on the Takeover Panel's website at www.thetakeoverpanel.org.uk

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