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February 06, 2012 11:50 ET
Form 8.3 - Glencore International PLC
FORM 8.3 PUBLIC OPENING POSITION DISCLOSURE/DEALING DISCLOSURE BY A PERSON WITH INTERESTS IN RELEVANT SECURITIES REPRESENTING 1% OR MORE Rule 8.3 of the Takeover Code (the "Code") 1. KEY INFORMATION (a)Identity of the person whose positions/dealings are Arrowgrass Capital Partners LLP being disclosed: (b)Owner or controller of interests and short positions N/A disclosed, if different from 1(a): The naming of nominee or vehicle companies is insufficient (c)Name of offeror/offeree in relation to whose relevant Glencore International PLC securities this form relates: Use a separate form for each offeror/offeree (d)If an exempt fund manager connected with an offeror/ N/A offeree, state this and specify identity of offeror/ offeree: (e)Date position held/dealing undertaken: 02 February 2012 (f)Has the discloser previously disclosed, or are they Yes, Xstrata PLC today disclosing, under the Code in respect of any other party to this offer? 2. POSITIONS OF THE PERSON MAKING THE DISCLOSURE (a) Interests and short positions in the relevant securities of the offeror or offeree to which the disclosure relates following the dealing (if any) Class of relevant security: USD 0.01 ordinary Interests Short positions Number % Number % (1)Relevant securities owned and/or controlled: (2)Derivatives (other than options): 926,324 0.01 7,715,102 0.11 (3)Options and agreements to purchase/sell: TOTAL: 926,324 0.01 7,715,102 0.11 Class of relevant security: 5% guaranteed convertible bonds due December 2014 Interests Short positions Number % Number % (1)Relevant securities owned and/or controlled: 60,500,000 2.63 (2)Derivatives (other than options): (3)Options and agreements to purchase/sell: TOTAL: 60,500,000 2.63 All interests and all short positions should be disclosed. Details of any open derivative or option positions, or agreements to purchase or sell relevant securities, should be given on a Supplemental Form 8 (Open Positions). (b) Rights to subscribe for new securities (including directors' and other executive options) Class of relevant security in relation to which subscription right exists: If there are positions or rights to subscribe to disclose in more than one class of relevant securities of the offeror or offeree named in 1(c), copy table 2(a) or (b) (as appropriate) for each additional class of relevant security. 3. DEALINGS (IF ANY) BY THE PERSON MAKING THE DISCLOSURE (a) Purchases and sales Class of relevant security Purchase/sale Number of securities Price per unit 5% guaranteed convertible Purchase 20,000 USD 136,000 bonds due December 2014 5% guaranteed convertible Purchase 20,000 USD 136,000 bonds due December 2014 (b) Derivatives transactions (other than options) Class of relevant Product Nature of dealing Number of Price per security description e.g. opening/closing a reference unit e.g. CFD long/short position, securities increasing/reducing a long/short position USD 0.01 ordinary CFD Increasing Long 18,030 GBP 4.59 USD 0.01 ordinary CFD Increasing Long 23,306 GBP 4.60 USD 0.01 ordinary CFD Increasing Long 884,988 GBP 4.60 USD 0.01 ordinary CFD Increasing Short 247,576 USD 6.85 USD 0.01 ordinary CFD Increasing Short 254,650 USD 6.68 USD 0.01 ordinary CFD Increasing Short 200,000 USD 7.17 (c) Options transactions in respect of existing securities (i) Writing, selling, purchasing or varying Class of Product Writing, Number of Exercise Type Expiry Option relevant description purchasing, securities price per e.g. date money security e.g. selling, to which unit American, paid/ call varying etc. option European received option relates etc. per unit (ii) Exercising Class of relevant Product description Number of securities Exercise price per security e.g. call option unit (d) Other dealings (including subscribing for new securities) Class of relevant Nature of dealing Details Price per unit (if security e.g. subscription, conversion applicable) The currency of all prices and other monetary amounts should be stated. Where there have been dealings in more than one class of relevant securities of the offeror or offeree named in 1(c), copy table 3(a), (b), (c) or (d) (as appropriate) for each additional class of relevant security dealt in. 4. OTHER INFORMATION (a) Indemnity and other dealing arrangements Details of any indemnity or option arrangement, or any agreement or understanding, formal or informal, relating to relevant securities which may be an inducement to deal or refrain from dealing entered into by the person making the disclosure and any party to the offer or any person acting in concert with a party to the offer: If there are no such agreements, arrangements or understandings, state "none" None (b) Agreements, arrangements or understandings relating to options or derivatives Details of any agreement, arrangement or understanding, formal or informal, between the person making the disclosure and any other person relating to: (i)the voting rights of any relevant securities under any option; or (ii)the voting rights or future acquisition or disposal of any relevant securities to which any derivative is referenced: If there are no such agreements, arrangements or understandings, state "none" None (c) Attachments Is a Supplemental Form 8 (Open Positions) No attached? Date of disclosure: 06 February 2012 Contact name: Moana Moore Telephone number: 0203 100 1000 Public disclosures under Rule 8 of the Code must be made to a Regulatory Information Service and must also be emailed to the Takeover Panel at [ monitoring@disclosure.org.uk ]. The Panel's Market Surveillance Unit is available for consultation in relation to the Code's dealing disclosure requirements on +44 (0)20 7638 0129. The Code can be viewed on the Panel's website at [ www.thetakeoverpanel.org.uk ].