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February 06, 2012 11:20 ET
Form 8.3 - Xstrata 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 Xstrata 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, Glencore International 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 0.5 ordinary Interests Short positions Number % Number % (1)Relevant securities owned and/or controlled: (2)Derivatives (other than options): 1,015,627 0.03 (3)Options and agreements to purchase/sell: 108,000 0.00 TOTAL: 1,015,627 0.03 108,000 0.00 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 (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 0.5 ordinary CFD Increasing Long 55,000 GBP 12.26 USD 0.5 ordinary CFD Increasing Long 445,000 GBP 12.26 USD 0.5 ordinary CFD Increasing Long 177,231 GBP 12.33 USD 0.5 ordinary CFD Increasing Long 338,396 GBP 12.28 (c) Options transactions in respect of existing securities (i) Writing, selling, purchasing or varying Class of Product Writing, Number of Exercis Type Expiry Option money relevant descrip purchasing, securities e price e.g. date paid/ security tion selling, to which per American, received per e.g. varying etc. option unit European unit call relates etc. option USD 0.5 Put Purchase 108,000 800p American March 2.5 ordinary Option 2012 (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) Yes 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 ]. SUPPLEMENTAL FORM 8 (OPEN POSITIONS) DETAILS OF OPEN OPTION AND DERIVATIVE POSITIONS, AGREEMENTS TO PURCHASE OR SELL ETC. Note 5(i) on Rule 8 of the Takeover Code (the "Code") 1. KEY INFORMATION Identity of person whose open positions are being Arrowgrass Capital Partners LLP disclosed: Name of offeror/offeree in relation to whose relevant Xstrata Plc securities the disclosure relates: 2. OPTIONS AND DERIVATIVES Class of Product Written or Number of Exercise Type Expiry date relevant description purchased securities price per e.g. security e.g. call to which unit American, option option or European derivative etc. relates USD 0.5 Ord Put Option Purchased 108,000 800p American March 2012 3. AGREEMENTS TO PURCHASE OR SELL ETC. Full details should be given so that the nature of the interest or position can be fully understood: Position formed part of a basket of put protection trades for the overall European volatility portfolio for the Arrowgrass Master Fund Ltd. It is not necessary to provide details on a Supplemental Form (Open Positions) with regard to contracts for differences ("CFDs") or spread bets. The currency of all prices and other monetary amounts should be stated. 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 ].