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 |
6 March 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: |
0 |
0 |
114,794 |
0.03 |
(2) Cash-settled derivatives:
|
0 |
0 |
519,074 |
0.12 |
(3) Stock-settled derivatives (including options) and agreements to purchase/sell: |
0 |
0 |
0 |
0 |
TOTAL: |
0 |
0 |
633,868 |
0.15 |
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 |
95,668
109,835 |
337.7200 ZAR
337.8200 ZAR |
333.5700 ZAR
331.3000 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
Increase Long
Increase Short
|
1,259 793 644 1,152 1,743 938 65 2,464 462 3,755 711 610 178 39,451 42 9,179 3,431 1 334 58 473 1,112 1,722 140
782 679 618 476 7,492 607 1,167 673 3,755 908 264 186 39,451 344 537 15 897 474 2,465 337 409 22 3 340 37 202 397 2,374 155
422 8,243 451 3,406 1,714 727 377 971 |
333.6856 ZAR 334.1066 ZAR 334.2512 ZAR 334.5003 ZAR 334.5242 ZAR 334.6043 ZAR 334.6900 ZAR 334.7518 ZAR 334.8156 ZAR 334.9456 ZAR 334.9655 ZAR 335.0224 ZAR 335.0546 ZAR 335.0657 ZAR 335.1700 ZAR 335.2987 ZAR 336.3738 ZAR 336.4200 ZAR 336.6655 ZAR 336.7650 ZAR 336.7673 ZAR 336.9220 ZAR 336.9551 ZAR 337.0568 ZAR
333.0888 ZAR 333.7393 ZAR 334.1519 ZAR 334.5762 ZAR 334.6488 ZAR 334.6843 ZAR 334.7098 ZAR 334.7841 ZAR 334.9456 ZAR 334.9800 ZAR 335.0125 ZAR 335.0400 ZAR 335.0658 ZAR 335.2364 ZAR 335.4255 ZAR 335.5920 ZAR 335.7671 ZAR 336.5606 ZAR 336.6564 ZAR 336.6700 ZAR 336.7284 ZAR 336.7500 ZAR 336.8867 ZAR 336.9309 ZAR 336.9519 ZAR 336.9700 ZAR 337.0235 ZAR 337.2882 ZAR 337.3668 ZAR
333.6026 ZAR 334.9800 ZAR 335.3784 ZAR 335.5149 ZAR 336.5407 ZAR 336.6175 ZAR 336.8218 ZAR 336.9814 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: |
7 March 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.