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 |
11 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: |
218,433 |
0.05 |
0 |
0 |
(2) Cash-settled derivatives:
|
0 |
0 |
700,119 |
0.16 |
(3) Stock-settled derivatives (including options) and agreements to purchase/sell: |
0 |
0 |
0 |
0 |
TOTAL: |
218,433 |
0.05 |
700,119 |
0.16 |
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 |
229,694
91,015 |
325.9700 ZAR
326.9900 ZAR |
317.8100 ZAR
317.8100 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 |
5,908 6,728 3,953 633 6,807 3,737 7,232 19,105 3,340 4,148 1,510 18,709 13,768 9,432 4,148 5,905 10,070 2,163 35,419 3 6,123 2,851 2,087
110
222 584 873 639 1,106 848 1,802 4,159 628 3,946 1,647 5,365 4,518 513 35,419 1,877 8,291
2,348 2,307 336 1,235 1,511 21,733 2,759 1,645 5,741 75
5,436
837 1,608 1,535 1,456 |
318.4308 ZAR 318.9170 ZAR 318.9325 ZAR 318.9457 ZAR 319.0063 ZAR 319.0086 ZAR 319.1708 ZAR 319.1880 ZAR 319.2424 ZAR 319.2491 ZAR 319.2609 ZAR 319.2679 ZAR 319.3419 ZAR 319.6030 ZAR 319.6786 ZAR 320.0785 ZAR 320.2208 ZAR 320.3708 ZAR 320.3953 ZAR 320.4567 ZAR 322.3814 ZAR 323.0219 ZAR 324.6242 ZAR
319.8700 ZAR
318.1607 ZAR 318.3738 ZAR 318.6600 ZAR 318.7698 ZAR 318.9548 ZAR 319.1301 ZAR 319.2037 ZAR 319.2406 ZAR 319.3069 ZAR 319.3187 ZAR 319.4200 ZAR 319.9451 ZAR 320.0777 ZAR 320.2988 ZAR 320.3953 ZAR 320.5686 ZAR 322.7154 ZAR
318.3752 ZAR 318.6504 ZAR 318.8391 ZAR 319.1367 ZAR 319.2704 ZAR 319.4200 ZAR 320.4186 ZAR 320.4869 ZAR 321.6812 ZAR 325.0800 ZAR
321.4617 ZAR
319.2650 ZAR 319.3459 ZAR 322.1638 ZAR 324.2848 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: |
12 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.