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 |
12 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: |
211,809 |
0.05
|
0 |
0 |
(2) Cash-settled derivatives:
|
0
|
0 |
693,540 |
0.16 |
(3) Stock-settled derivatives (including options) and agreements to purchase/sell: |
0 |
0 |
0 |
0 |
TOTAL: |
211,809 |
0.05 |
693,540 |
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 |
40,165
46,789 |
323.7800 ZAR
323.1738 ZAR |
318.5900 ZAR
319.2900 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
|
144 705 360 1,313 979 835 116 319 1,022 180
16,880 1,979 13
307 14 914 526 124 315 70 17 533 199 396 684 512 669 485 363 318 240 127 315 387 832
856 3,195 310 2,115 1,710 2,147 939 659 258 814 971 693
387 1,919 2,349 2,002 427 1,323 91 1,318 1,236 493 864 2,278
1,382 4,456 1,585 1,263 743 169 956 2,096 1,870 167 |
318.8583 ZAR 319.6083 ZAR 319.6300 ZAR 319.8255 ZAR 320.0609 ZAR 320.1534 ZAR 320.2894 ZAR 320.8726 ZAR 320.9213 ZAR 321.6733 ZAR
319.6300 ZAR 319.9600 ZAR 321.0983 ZAR
319.5686 ZAR 319.6886 ZAR 319.6909 ZAR 319.7061 ZAR 319.8700 ZAR 319.9178 ZAR 319.9257 ZAR 319.9500 ZAR 319.9656 ZAR 320.0849 ZAR 320.1277 ZAR 320.1956 ZAR 320.2087 ZAR 320.4251 ZAR 320.8437 ZAR 321.0766 ZAR 321.0857 ZAR 321.2550 ZAR 321.2927 ZAR 321.4452 ZAR 322.6408 ZAR 323.1738 ZAR
319.6162 ZAR 319.6479 ZAR 320.0000 ZAR 320.0647 ZAR 320.1198 ZAR 320.2874 ZAR 320.3100 ZAR 320.6470 ZAR 321.0000 ZAR 321.4002 ZAR 321.4712 ZAR 321.7562 ZAR
319.4300 ZAR 319.9312 ZAR 320.1546 ZAR 320.1822 ZAR 320.3525 ZAR 320.3886 ZAR 320.5400 ZAR 320.7990 ZAR 321.3269 ZAR 321.4879 ZAR 321.6927 ZAR 323.0210 ZAR
319.8084 ZAR 319.8958 ZAR 319.9023 ZAR 319.9465 ZAR 320.0845 ZAR 320.0978 ZAR 320.4519 ZAR 320.8320 ZAR 321.6148 ZAR 322.4559 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: |
13 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.