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: |
J.P. Morgan Equities South Africa Proprietary Ltd |
(b) Name of offeror/offeree in relation to whose relevant securities this form relates: Use a separate form for each offeror/offeree |
Mondi plc |
(c) Name of the party to the offer with which exempt principal trader is connected: |
Corporate broker to Smith (DS) plc |
(d) Date position held/dealing undertaken: For an opening position disclosure, state the latest practicable date prior to the disclosure |
21 February 2024 |
(e) In addition to the company in 1(b) above, is the exempt principal trader making disclosures in respect of any other party to the offer? If it is a cash offer or possible cash offer, state "N/A" |
Yes, Smith (DS) plc |
2. POSITIONS OF THE EXEMPT PRINCIPAL TRADER
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.
(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:
|
EUR 0.22 ordinary
|
|||
|
Interests |
Short positions |
||
Number |
% |
Number |
% |
|
(1) Relevant securities owned and/or controlled: |
164,547 |
0.04 |
0 |
0 |
(2) Cash-settled derivatives:
|
293,993 |
0.07 |
0 |
0 |
(3) Stock-settled derivatives (including options) and agreements to purchase/sell: |
0 |
0 |
0 |
0 |
TOTAL: |
458,540 |
0.11 |
0 |
0 |
All interests and all short positions should be disclosed.
Details of any open stock-settled derivative positions (including traded options), 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 employee options)
Class of relevant security in relation to which subscription right exists: |
|
Details, including nature of the rights concerned and relevant percentages: |
|
3. DEALINGS (IF ANY) BY THE EXEMPT PRINCIPAL TRADER
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.
The currency of all prices and other monetary amounts should be stated.
(a) Purchases and sales
Class of relevant security |
Purchases/ sales
|
Total number of securities |
Highest price per unit paid/received
|
Lowest price per unit paid/received
|
EUR 0.22 ordinary
|
Purchase
Sale |
15,138
36,068 |
330.1226 ZAR
331.6388 ZAR |
325.7400 ZAR
325.4300 ZAR |
(b) Cash-settled derivative transactions
Class of relevant security |
Product description e.g. CFD |
Nature of dealing e.g. opening/closing a long/short position, increasing/reducing a long/short position |
Number of reference securities |
Price per unit
|
EUR 0.22 ordinary |
Equity Swap |
Decrease Long
Decrease Short
Increase Long
Increase Short
Opening a Long Position
Opening a Short Position
|
327 4 1,063 261 216 889 312 741 357 1,453 800 596
2,897 7,719
4 294 49 1,403 71 317 39 113 941 109
985 771 2,287 290 2,094 339 112 803
13,375 128
308 130 |
325.8223 ZAR 326.1426 ZAR 326.1960 ZAR 327.2593 ZAR 327.3867 ZAR 327.5177 ZAR 327.7660 ZAR 327.8603 ZAR 328.0598 ZAR 328.1861 ZAR 329.0578 ZAR 330.1226 ZAR
328.6363 ZAR 329.1800 ZAR
326.1426 ZAR 326.3652 ZAR 326.5700 ZAR 327.4572 ZAR 327.4900 ZAR 327.7315 ZAR 327.9600 ZAR 328.3000 ZAR 330.3863 ZAR 331.6388 ZAR
325.9434 ZAR 326.1162 ZAR 326.3319 ZAR 327.6500 ZAR 327.7583 ZAR 327.7860 ZAR 328.0126 ZAR 328.1520 ZAR
327.7698 ZAR 329.1800 ZAR
327.0169 ZAR 329.1013 ZAR |
(c) Stock-settled derivative transactions (including options)
(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) Exercise
Class of relevant security |
Product description e.g. call option |
Exercising/ exercised against |
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) |
|
|
|
|
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: Irrevocable commitments and letters of intent should not be included. 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? |
NO |
Date of disclosure: |
22 February 2024 |
Contact name: |
Natasha Mondon |
Telephone number: |
01202 325175 |
Public disclosures under Rule 8 of the Code must be made to a Regulatory Information Service.
The Panel's Market Surveillance Unit is available for consultation in relation to the Code's disclosure requirements on +44 (0)20 7638 0129.
The Code can be viewed on the Panel's website at www.thetakeoverpanel.org.uk.