6th Nov 2012 15:25
FORM 8.3 PUBLIC OPENING POSITION DISCLOSURE/DEALING DISCLOSURE BY A PERSON WITH INTERESTS IN RELEVANT SECURITIES REPRESENTING 1% OR MORE Rule 8.3 of the Takeover Code (the "Code")
1. KEY INFORMATION
(a) Identity of the person whose positions/ Eminence Capital, LLC
dealings are being disclosed:
(b) Owner or controller of interests and short N/A
positions disclosed, if different from 1(a): The naming of nominee or vehicle companies is insufficient
(c) Name of offeror/offeree in relation to Britvic PLC
whose relevant securities this form relates: Use a separate form for each offeror/offeree
(d) If an exempt fund manager connected with N/A
an offeror/offeree, state this and specify identity of offeror/offeree:
(e) Date position held/dealing undertaken: 5 November 2012 (f) Has the discloser previously disclosed, or No
are they today disclosing, under the Code in respect of any other party to this offer?
2. POSITIONS OF THE PERSON MAKING THE DISCLOSURE
(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: 20 p Ordinary Shares Interests Short positions Number % Number % (1) Relevant securities owned 5,124,629 2.11 and/or controlled: (2) Derivatives (other than options): (3) Options and agreements to purchase/sell: TOTAL: 5,124,629 2.11
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(c), copy table 2(a) or (b) (as appropriate) for each additional class of relevant security.
3. DEALINGS (IF ANY) BY THE PERSON MAKING THE DISCLOSURE
(a) Purchases and sales
Class of relevant Purchase/sale Number of Price per unit security securities (GBP) 20 p Ordinary Purchase 844 3.6230 Shares
(b) Derivatives transactions (other than options)
Class of Product Nature of dealing Number of Price per relevant description e.g. opening/closing a reference unit security e.g. CFD long/short position, securities increasing/reducing a long/short position
(c) Options transactions in respect of existing securities
(i) Writing, selling, purchasing or varying
Class of Product Writing, Number of Exercise Type Expiry Option relevant description purchasing, securities price e.g. date money security e.g. call selling, to which per unit American, paid/ option varying option European received etc. relates etc. per unit (ii) Exercising
Class of relevant Product Number of Exercise price
per security description securities unit e.g. call option
(d) Other dealings (including subscribing for new securities)
Class of relevant Nature of dealing Details Price per unit security e.g. subscription, (if applicable) conversion
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(c), 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 person
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 person 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: 6 November 2012 Contact name: Paul F. Kenny Telephone number: 212-418-2100
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 [email protected] . The Panel's Market Surveillance Unit is available for consultation in relation to the Code's dealing disclosure requirements on +44 (0)20 7638 0129.
The Code can be viewed on the Panel's website at www.thetakeoverpanel.org.uk.
PINXRelated Shares:
Britvic