GLEN: OZ Management, LP: Form 8.3 - Glencore International Plc

  GLEN: OZ Management, LP: Form 8.3 - Glencore International Plc

UK Regulatory Announcement

LONDON

                                   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

                                                   OZ Management LP and
(a) Identity of the person whose                 
positions/dealings are being disclosed:            Och-Ziff Management Europe
                                                   Ltd
(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 securities this form relates:            Glencore International Plc

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:        3 December 2012
                                                   Yes

(f) Has the discloser previously disclosed, or     If YES, specify which:
are they today disclosing, under the Code in     
respect of any other party to this offer?          

                                                   Xstrata Plc

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):   5,000,000  0.07  62,241,984  0.877
(3) Options and agreements to                                     
purchase/sell:
TOTAL:                                  5,000,000  0.07  62,241,984  0.877

                           
Class of relevant           5% guaranteed convertible bonds due December 2014
security:
                           Interests                     Short positions
                            Number            %          Number        %
(1) Relevant securities     10,500,000        0.457                   
owned and/or controlled:
(2) Derivatives (other      40,400,000        1.757                   
than options):
(3) Options and agreements                                          
to purchase/sell:
TOTAL:                      50,900,000        2.213                   

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)

                           Nature of dealing
Class of    Product                                        Number of     Price
relevant   description   e.g. opening/closing a         reference    per
security                   long/short position,            securities    unit
            e.g. CFD       increasing/reducing a
                           long/short position
USD 0.01   CFD           reducing a short position      152,500      GBP
ordinary                                                                 3.44

(c) Options transactions in respect of existing securities

(i) Writing, selling, purchasing or varying

                         Writing,      Number of               Type                 Option
Class of   Product       purchasing,   securities   Exercise                        money
relevant  description  selling,     to which    price     e.g.       Expiry  paid/
security   e.g. call     varying       option       per unit   American,   date     received
           option        etc.          relates                 European             per unit
                                                               etc.

(ii) Exercising

                     Product
Class of relevant   description         Number of          Exercise price
security                                  securities          per unit
                     e.g. call option

(d) Other dealings (including subscribing for new securities)

                    Nature of dealing
Class of relevant                      Details  Price per unit (if
security            e.g. subscription,             applicable)
                    conversion

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:  4 December 2012
Contact name:        Andrew Frank
Telephone number:    0207 758 4433

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.

Contact:

OZ Management, LP