XTA: BARCLAYS PLC: Form 8.5 (EPT/NON-RI) Xstrata Plc - Amendment

  XTA: BARCLAYS PLC: Form 8.5 (EPT/NON-RI) Xstrata Plc - Amendment

UK Regulatory Announcement

LONDON

                                  AMENDMENT

                            FORM 8.5 (EPT/NON-RI)

         PUBLIC OPENING POSITION DISCLOSURE/DEALING DISCLOSURE BY AN

  EXEMPT PRINCIPAL TRADER WITHOUT RECOGNISED INTERMEDIARY (“RI”) STATUS (OR
                      WHERE RI STATUS IS NOT APPLICABLE)

                  Rule 8.5 of the Takeover Code (the “Code”)

1. KEY INFORMATION

(a)  Name of exempt principal trader:           BARCLAYS CAPITAL SECURITIES
                                                  LTD
(b)   Name of offeror/offeree in relation to      XSTRATA PLC
      whose
     relevant securities this form relates:      
(c)   Name of the party to the offer with which   Advisor to Offeree
      exempt
     principal trader is connected               
(d)   Date position held/dealing undertaken:      3 April 2013
(e)   Has the EPT previously disclosed, or is     YES:
      it
      today disclosing, under the Code in
      respect
     of any other party to this offer?           GLENCORE INTL PLC

2. POSITIONS OF THE EXEMPT PRINCIPAL TRADER

(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:      ORD
                                  Interests           Short Positions
                                 Number      (%)     Number      (%)
(1)  Relevant securities owned
      and/or controlled:          8,540,898    0.28%   725,306      0.02%
                                                               
(2)   Derivatives (other than
      options):                   430,256      0.01%   27,333,171   0.91%
                                                               
(3)   Options and agreements to
      purchase/sell:              22,260,583   0.74%   850,000      0.03%
                                                               
(4)   TOTAL:
                                  31,231,737   1.04%   28,908,477   0.96%

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(b), copy
table 2(a) or (b) (as appropriate) for each additional class of relevant
security.

3. DEALINGS (IF ANY) BY THE EXEMPT PRINCIPAL TRADER

(a) Purchases and sales

Class of relevant  Purchase/sale  Number of   Price per unit
security                           securities   
ORD                 Purchase        37           10.6850 GBP
ORD                 Purchase        54           10.4500 GBP
ORD                 Purchase        66           10.6200 GBP
ORD                 Purchase        1,151        10.6062 GBP
ORD                 Purchase        2,373        10.6212 GBP
ORD                 Purchase        2,590        10.5593 GBP
ORD                 Purchase        5,862        10.4780 GBP
ORD                 Purchase        9,733        10.4621 GBP
ORD                 Purchase        13,193       10.5460 GBP
ORD                 Purchase        13,612       10.4530 GBP
ORD                 Purchase        23,445       10.4542 GBP
ORD                 Purchase        26,261       10.5893 GBP
ORD                 Purchase        26,982       10.5794 GBP
ORD                 Purchase        29,500       10.4579 GBP
ORD                 Purchase        32,686       10.4494 GBP
ORD                 Purchase        34,303       10.5101 GBP
ORD                 Purchase        55,428       10.4740 GBP
ORD                 Purchase        76,261       10.4750 GBP
ORD                 Purchase        82,727       10.5600 GBP
ORD                 Purchase        347,869      10.4604 GBP
ORD                 Sale            400          10.4600 GBP
ORD                 Sale            896          10.4560 GBP
ORD                 Sale            925          10.4200 GBP
ORD                 Sale            1,054        10.4174 GBP
ORD                 Sale            1,188        10.6087 GBP
ORD                 Sale            2,421        10.4210 GBP
ORD                 Sale            2,475        10.5399 GBP
ORD                 Sale            5,663        10.4968 GBP
ORD                 Sale            5,868        10.5469 GBP
ORD                 Sale            5,922        10.5813 GBP
ORD                 Sale            6,038        10.5699 GBP
ORD                 Sale            8,260        10.4300 GBP
ORD                 Sale            26,349       10.5606 GBP
ORD                 Sale            36,530       10.5328 GBP
ORD                 Sale            60,000       10.5979 GBP
ORD                 Sale            74,138       10.5426 GBP
ORD                 Sale            75,838       10.5093 GBP
ORD                 Sale            75,930       10.4610 GBP
ORD                 Sale            103,378      10.5586 GBP
ORD                 Sale            292,206      10.4528 GBP

(b) Derivatives transactions (other than options)

Class of  Product      Nature of dealing  Number of   Price per
relevant   description                       reference    unit
security                                   securities   
ORD        CFD           Long                400          10.4592 GBP
ORD        CFD           Long                8,260        10.4300 GBP
ORD        CFD           Long                16,126       10.6239 GBP
ORD        CFD           Long                29,640       10.5978 GBP
ORD        CFD           Long                30,360       10.5979 GBP
ORD        SWAP          Short               2,200        10.6775 GBP
ORD        CFD           Short               3,904        10.4540 GBP
ORD        CFD           Short               19,000       10.4486 GBP
ORD        SWAP          Short               27,300       10.4405 GBP
ORD        CFD           Short               36,935       10.5916 GBP

(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(b), 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 exempt
principal trader 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 exempt principal trader 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?  YES
Date of disclosure:                                   5 Apr 2013
Contact name:                                         Geoff Smith
Telephone number:                                     0203 555 4632

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 the person whose positions/dealings  BARCLAYS CAPITAL SECURITIES
                                                  LTD
are being disclosed:                              
Name of offeror/offeree in relation to whose      XSTRATA PLC
relevant securities this from relates:            

2. OPTIONS AND DERIVATIVES

Class     Product      Writing,     Number      Exercise  Type      Expiry
of         description   purchasing,   of           price                 date
relevant                 selling,      securities   per unit
security                 varying etc   to which
                                       option
                                    relates                          
ORD        Call          Purchased     168,000      11.0346    European   16 May
           Options                                                        2013
ORD        Call          Purchased     167,900      11.8862    European   24 Sep
           Options                                                        2013
ORD        Put Options   Written       -250,000     7.2000     American   5 Apr
                                                                          2013
ORD        Put Options   Written       -600,000     8.2000     American   5 Apr
                                                                          2013
ORD        Equity        Purchased     21,924,683   20.5248              17 Jun
           Forward                                                        2013

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:

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.

Contact:

BARCLAYS PLC