Form 8.5 (EPT/NON-RI) GLENCORE INTL PLC Amendment

Form 8.5 (EPT/NON-RI) GLENCORE INTL PLC Amendment

BARCLAYS PLC

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 whose

GLENCORE INTL PLC

  relevant securities this form relates:  
(c) Name of the party to the offer with which exempt Advisor to Offeree
  principal trader is connected  
(d) Date position held/dealing undertaken: 22 November 2012
(e) Has the EPT previously disclosed, or is it YES:
today disclosing, under the Code in respect
  of any other party to this offer? XSTRATA 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: 5,357,788 0.08% 28,974,535 0.41%
           
(2) Derivatives (other than
options): 28,468,912 0.40% 2,445,991 0.03%
           
(3) Options and agreements to
purchase/sell: 1,000,000 0.01% 250,000 0.00%
           
(4) TOTAL:
34,826,700 0.50% 31,670,526 0.45%
           
Class of relevant security: Convertible Bond XS0475310396
Interests Short Positions
    Number (%) Number (%)
(1) Relevant securities owned
and/or controlled: 2,400,000 0.10% 0 0.00%
           
(2) Derivatives (other than
options): 0 0.00% 0 0.00%
           
(3) Options and agreements to
purchase/sell: 0 0.00% 0 0.00%
           
(4) TOTAL:
2,400,000 0.10% 0 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:  
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 100 41.6000 HKD
ORD Purchase 1,000 41.3000 HKD
ORD Purchase 1,000 41.3500 HKD
ORD Purchase 1,051 3.4045 GBP
ORD Purchase 1,469 3.3719 GBP
ORD Purchase 1,478 3.3736 GBP
ORD Purchase 3,011 3.4247 GBP
ORD Purchase 5,353 3.4109 GBP
ORD Purchase 10,341 3.4180 GBP
ORD Purchase 48,810 3.4084 GBP
ORD Purchase 50,512 3.3889 GBP
ORD Purchase 329,819 3.4135 GBP
ORD Purchase 400,000 3.4072 GBP
ORD Purchase 449,158 3.4138 GBP
ORD Sale 100 41.5500 HKD
ORD Sale 100 41.6500 HKD
ORD Sale 100 41.9000 HKD
ORD Sale 200 41.6000 HKD
ORD Sale 200 41.8000 HKD
ORD Sale 700 41.7500 HKD
ORD Sale 800 41.7000 HKD
ORD Sale 1,051 3.4045 GBP
ORD Sale 1,469 3.3720 GBP
ORD Sale 2,000 41.3250 HKD
ORD Sale 2,397 3.3865 GBP
ORD Sale 2,519 3.3901 GBP
ORD Sale 2,659 3.3838 GBP
ORD Sale 3,011 3.4247 GBP
ORD Sale 5,756 3.4145 GBP
ORD Sale 6,213 3.4257 GBP
ORD Sale 12,835 3.3997 GBP
ORD Sale 26,419 3.3891 GBP
ORD Sale 38,249 3.4217 GBP
ORD Sale 62,394 3.4162 GBP
ORD Sale 63,666 3.4230 GBP
ORD Sale 82,236 3.4070 GBP
ORD Sale 90,360 3.4244 GBP
ORD Sale 104,169 3.4246 GBP
ORD Sale 117,937 3.4006 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 300 41.6333 HKD
ORD CFD Long 1,800 41.6777 HKD
ORD SWAP Long 26,419 3.3891 GBP
ORD SWAP Long 55,258 3.4230 GBP
ORD SWAP Long 194,529 3.4245 GBP
ORD CFD Short 13,443 3.4029 GBP
ORD CFD Short 400,000 3.4072 GBP
ORD CFD Short 435,715 3.4143 GBP

(c) Options transactions in respect of existing securities

(i) Writing, selling, purchasing or varying

Class of relevant security   Product description e.g. call option   Writing, purchasing, selling, varying etc.   Number of securities to which option relates   Exercise price per unit   Type

e.g. American, European etc.

  Expiry date   Option money paid/ received per unit

(ii) Exercising

Class of relevant security   Product description

e.g. call option

  Number of securities   Exercise price per unit

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

Class of relevant security   Nature of dealing

e.g. subscription, conversion

  Details   Price per unit (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(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: 30 Nov 2012
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.

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 GLENCORE INTL 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 Put Options Purchased 1,000,000 3.2000 American 24 Nov 2012
ORD Call Options Written -250,000 3.6000 American 24 Nov 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:

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.

Companies

Glencore (GLEN)
UK 100