Form 8.5 (EPT/NON-RI) - XSTRATA PLC

LONDON--(BUSINESS WIRE)--

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	XSTRATA 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:	11 October 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?	GLENCORE INTL 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:	22,201,661	0.74%	312,463	0.01%
(2)	Derivatives (other than
	options):	77,365	0.00%	41,184,301	1.37%
(3)	Options and agreements to
	purchase/sell:	25,995,546	0.87%	3,027,118	0.10%
(4)	TOTAL:
		48,274,572	1.61%	44,523,882	1.48%

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	330	9.4210 GBP
ORD	Purchase	418	9.5760 GBP
ORD	Purchase	502	9.4120 GBP
ORD	Purchase	1,014	9.5982 GBP
ORD	Purchase	1,070	14.2000 CHF
ORD	Purchase	1,800	14.4000 CHF
ORD	Purchase	2,300	9.5485 GBP
ORD	Purchase	2,386	9.5921 GBP
ORD	Purchase	3,230	9.5650 GBP
ORD	Purchase	7,547	9.4699 GBP
ORD	Purchase	8,789	9.5834 GBP
ORD	Purchase	9,000	14.3500 CHF
ORD	Purchase	12,163	9.5805 GBP
ORD	Purchase	42,041	9.5847 GBP
ORD	Purchase	64,003	9.5520 GBP
ORD	Purchase	64,003	9.6030 GBP
ORD	Purchase	128,007	9.5670 GBP
ORD	Purchase	138,049	9.5622 GBP
ORD	Sale	286	9.5843 GBP
ORD	Sale	382	9.5862 GBP
ORD	Sale	1,218	9.5396 GBP
ORD	Sale	1,302	9.5390 GBP
ORD	Sale	2,100	9.5941 GBP
ORD	Sale	2,684	9.5143 GBP
ORD	Sale	3,769	9.5681 GBP
ORD	Sale	11,011	9.5226 GBP
ORD	Sale	12,758	9.5757 GBP
ORD	Sale	18,242	9.5764 GBP
ORD	Sale	35,690	9.5732 GBP
ORD	Sale	54,270	9.3919 GBP
ORD	Sale	128,007	9.5910 GBP
ORD	Sale	164,430	9.5697 GBP
ORD	Sale	653,562	9.4280 GBP

(b) Derivatives transactions (other than options)

Class of	Product	Nature of dealing	Number of	Price per
relevant	description		reference	unit
security			securities
ORD	SWAP	Long	300	9.5937 GBP
ORD	SWAP	Long	1,252	9.4889 GBP
ORD	CFD	Long	2,099	9.5848 GBP
ORD	CFD	Long	4,278	9.5355 GBP
ORD	CFD	Long	6,211	9.4903 GBP
ORD	SWAP	Long	54,270	9.3918 GBP
ORD	SWAP	Short	1,014	9.5981 GBP
ORD	SWAP	Short	1,878	9.4674 GBP
ORD	CFD	Short	4,509	9.4205 GBP
ORD	CFD	Short	11,870	14.3462 CHF

(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:	12 Oct 2012
Contact name:	Geoff Smith
Telephone number:	020 3555 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 [e-mail]. The Panel’s Market Surveillance Unit is available for consultation in relation to the Code’s dealing disclosure requirements on [phone].

The Code can be viewed on the Panel’s website at www.thetakeoverpanel.org.uk.

SUPPLEMENTAL FORM 8 (OPEN POSITIONS)

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	XSTRATA 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	2,570,863	7.9303	European	18 Jun 2013
ORD	Put Options	Purchased	500,000	8.0000	American	13 Oct 2012
ORD	Put Options	Purchased	250,000	9.6000	American	13 Oct 2012
ORD	Put Options	Purchased	250,000	9.8000	American	13 Oct 2012
ORD	Put Options	Written	-250,000	7.2000	American	13 Oct 2012
ORD	Put Options	Written	-500,000	8.0000	American	13 Oct 2012
ORD	Put Options	Written	-600,000	8.2000	American	13 Oct 2012
ORD	Put Options	Written	-375,000	9.2000	American	13 Oct 2012
ORD	Put Options	Written	-250,000	9.4000	American	13 Oct 2012
ORD	Call Options	Purchased	500,000	11.0000	American	13 Oct 2012
ORD	Call Options	Written	-1,000,000	12.0000	American	13 Oct 2012
ORD	Call Options	Written	-52,118	12.0000	European	27 Feb 2013
ORD	Equity Forward	Purchased	21,924,683	20.5248		17 Jun 2013

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 [phone].

The Code can be viewed on the Panel’s website at www.thetakeoverpanel.org.uk.

Category Code: FEO

Sequence Number: 347645

Time of Receipt (offset from UTC): 20121012T103501+0100