Form 8.5 (EPT/RI) - Xstrata Plc - Amendment

LONDON--(BUSINESS WIRE)--

AMENDMENT

INCREASED PURCHASES FROM 2,287,564 TO 2,387,564 AND INCREASED SALES FROM 1,532,733 TO 1,882,733. DELETION OF PUT OPTION TOTALLING 1,000,000 AND ADDITION OF NEW CALL OPTION TOTALLING 500,000. ADDITION OF NEW ASSIGNMENT OF A PUT OPTION TOTALLING 1,820

FORM 8.5 (EPT/RI)

PUBLIC DEALING DISCLOSURE BY AN EXEMPT PRINCIPAL TRADER WITH RECOGNISED INTERMEDIARY STATUS DEALING IN A CLIENT-SERVING CAPACITY

Rule 8.5 of the Takeover Code (the “Code”)

1. KEY INFORMATION

(a) Name of exempt principal trader:	J.P. Morgan Securities plc
(b) Name of offeror/offeree in relation to whose relevant securities this form relates: Use a separate form for each offeror/offeree	Xstrata Plc
(c) Name of the party to the offer with which exempt principal trader is connected:	Xstrata Plc
(d) Date dealing undertaken:	29 August 2012
(e) Has the EPT previously disclosed, or is it today disclosing, under the Code in respect of any other party to this offer?	Yes

2. DEALINGS BY THE EXEMPT PRINCIPAL TRADER

(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
Ordinary Shares	Purchases   Sales	2,387,564   1,882,733	9.3400 GBP   9.3360 GBP	9.1570 GBP   9.1550 GBP

(b) Derivatives transactions (other than options)

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
Ordinary Shares	Equity Swap	Short	900,000 450,000	9.2659 GBP 9.2741 GBP

(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 (GBP)	Type e.g. American, European etc.	Expiry date	Option money paid/ received per unit (GBP)
Ordinary Shares	Call     Call     Call     Call     Call	Purchasing     Purchasing     Selling     Purchasing     Purchasing	250,000     500,000     500,000     250,000     250,000	8.80     8.80     8.80     8.80     9.00	American     American     American     American     American	19 OCT 12 19 OCT 12 19 OCT 12 19 OCT 12 19 OCT 12	0.79     0.82     0.82     0.845     0.72

(ii) Exercising

Class of relevant security	Product description e.g. call option	Number of securities	Exercise price per unit
Ordinary Shares	Assignment of a Put Option (*)	1,820	10.5555 GBP

This instrument is a decumulator which obliges the counterparty to sell 182 shares of the underlying stock at the strike price of 10.5555 GBP. Observations of the closing price will be carried out each day and shares will be traded bi-weekly until maturity. If the official closing price rises over the strike price, the counterparty is obliged to sell 182 shares, and the transaction is subject to a knock-out event if the official closing price is at or below a barrier price of 8.5560 GBP

(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 2(a), (b), (c) or (d) (as appropriate) for each additional class of relevant security dealt in.

3. 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”

(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”

Date of disclosure:	31 August 2012
Contact name:	Andrew Mhango
Telephone number:	0207 134 6114

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.