Davidson Kempner European Partners LLP Form 8.3 - Xstrata Plc

 
TIDM000008 TIDMXTA 
 
 
   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               Davidson 
 are being disclosed:                                             Kempner 
                                                                  European 
                                                                  Partners, 
                                                                  LLP 
(b) Owner or controller of interests and short positions 
 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/offeree, 
 state this and specify identity of offeror/offeree: 
(e) Date position held/dealing undertaken:                        30 April 
                                                                  2013 
(f) Has the discloser previously disclosed, or are                YES, in 
 they today disclosing, under the Code in respect of              GLENCORE 5% 
 any other party to this offer?                                   2014 bonds 
 
 
   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      0 
(2) Derivatives (other than options):     27,358,900  0.911 
(3) Options and agreements to 
 purchase/sell: 
    TOTAL:                                27,358,902  0.911 
 
 
   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: 
Details, including nature of the rights concerned 
 and relevant percentages: 
 
 
   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      Purchase/sale  Number of securities  Price per unit 
        security 
 
 
 
   (b)        Derivatives transactions (other than options) 
 
 
 
 
Class of  Product description                         Nature of dealing                          Number of   Price 
relevant        e.g. CFD        e.g. opening/closing a long/short position, increasing/reducing  reference    per 
security                                             a long/short position                       securities  unit 
 
 
 
   (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     e.g. American, European etc.   date    money 
security   e.g. call    selling,     to which     per                                             paid/ 
            option       varying      option      unit                                           received 
                          etc.       relates                                                       per 
                                                                                                   unit 
 
 
 
   (ii)        Exercising 
 
 
 
 
Class of relevant  Product description      Number of       Exercise price per 
    security         e.g. call option       securities             unit 
 
 
 
   (d)        Other dealings (including subscribing for new securities) 
 
 
 
 
Class of relevant         Nature of dealing         Details   Price per unit 
     security        e.g. subscription, conversion            (if 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) attached?  NO 
 
 
 
 
Date of disclosure:       1 May 2013 
Contact name:            Deepa Juneja 
Telephone number:     [phone] 
 
 
 
 
   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 
mailto:[e-mail] [e-mail].  The 
Panel's Market Surveillance Unit is available for consultation in 
relation to the Code's dealing disclosure requirements on [phone] 
0129. 
 
 
 
   The Code can be viewed on the Panel's website at 
http://www.thetakeoverpanel.org.uk/ www.thetakeoverpanel.org.uk. 
 
   This announcement is distributed by Thomson Reuters on behalf of Thomson 
Reuters clients. 
 
   The owner of this announcement warrants that: 
 
   (i) the releases contained herein are protected by copyright and other 
applicable laws; and 
 
   (ii) they are solely responsible for the content, accuracy and 
originality of the 
 
   information contained therein. 
 
   Source: Davidson Kempner European Partners LLP via Thomson Reuters ONE 
 
   HUG#1698444