Last checked at 14 Sep 2010 17:17
Replacement announcement
This disclosure replaces the announcement made at 15:49 on 13 September 2010 (RNS: 5979S) which, incorrectly, set out the Opening Position Disclosure for Jim Mellon only rather than the Opening Position Disclosure for the Speymill Deutsche Immobilien Company plc ("the Company"), as the offeree, and, inter alia, all directors with interests in the Company who are deemed to be acting in concert with the Company. The correct form is set out below.
FORM 8 (OPD)
PUBLIC OPENING POSITION DISCLOSURE BY A PARTY TO AN OFFER
Rules 8.1 and 8.2 of the Takeover Code (the "Code")
1. KEY INFORMATION
| (a) Identity of the party to the offer making the disclosure: | Speymill Deutsche Immobilien Company plc |
| (b) Owner or controller of interests and short positions disclosed, if different from 1(a): The naming of nominee or vehicle companies is insufficient |
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| (c) Name of offeror/offeree in relation to whose relevant securities this form relates: Use a separate form for each party to the offer | Speymill Deutsche Immobilien Company plc |
| (d) Is the party to the offer making the disclosure the offeror or the offeree? | OFFEREE |
| (e) Date position held: | 13 September 2010 |
| (f) Has the party previously disclosed, or is it today disclosing, under the Code in respect of any other party to this offer? | NO If YES, specify which: |
2. POSITIONS OF THE PARTY TO THE OFFER MAKING THE DISCLOSURE
(a) Interests and short positions in the relevant securities of the offeror or offeree to which the disclosure relates
| Class of relevant security:
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| Interests | Short positions | ||
| Number | % | Number | % | |
| (1) Relevant securities owned and/or controlled: |
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| (2) Derivatives (other than options): |
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| (3) Options and agreements to purchase/sell: |
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TOTAL: |
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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).
Details of any securities borrowing and lending positions or financial collateral arrangements should be disclosed on a Supplemental Form 8 (SBL).
(b) Rights to subscribe for new securities
| Class of relevant security in relation to which subscription right exists: |
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| Details, including nature of the rights concerned and relevant percentages: |
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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.
(c) Irrevocable commitments and letters of intent
| Details of any irrevocable commitments or letters of intent procured by the party to the offer making the disclosure or any person acting in concert with it (see Note 3 on Rule 2.11 of the Code): |
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3. POSITIONS OF PERSONS ACTING IN CONCERT WITH THE PARTY TO THE OFFER MAKING THE DISCLOSURE
| Details of any interests, short positions and rights to subscribe of any person acting in concert with the party to the offer making the disclosure: |
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Directors: Jim Mellon - 47,081,285 ordinary shares* (13.97%) Derek Butler - 190,348 ordinary shares* (0.06%) Leonard O'Brien - 17,244 ordinary shares* (0.01%)
On 13 July 2010, Jim Mellon extended a loan of €630,000 to Speymill Deutsche Immobilien Company plc ("the Company"). The loan (together with a facility fee of 2.5% rolled up to maturity) is repayable by the Company on 15 November 2010. Should the Company undertake a fundraising prior to the date of maturity, Mr Mellon has the option to convert the loan (and any amount outstanding) into ordinary shares* at the issue price of the fund raising.
Connected fund manager: Smith & Williamson - 798,451 ordinary shares* (0.24%)
* Ordinary shares of €0.05 each in Speymill Deutsche Immobilien Company plc
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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 3 for each additional class of relevant security.
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).
Details of any securities borrowing and lending positions or financial collateral arrangements should be disclosed on a Supplemental Form 8 (SBL).
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 party to the offer making the disclosure or any person acting in concert with it: If there are no such agreements, arrangements or understandings, state "none" |
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None
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(b) Agreements, arrangements or understandings relating to options or derivatives
| Details of any agreement, arrangement or understanding, formal or informal, between the party to the offer making the disclosure, or any person acting in concert with it, 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" |
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None
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(c) Attachments
Are any Supplemental Forms attached?
| Supplemental Form 8 (Open Positions) | NO |
| Supplemental Form 8 (SBL) | NO |
| Date of disclosure: | 14 September 2010 |
| Contact name: | Vincent Campbell (Company Secretary) |
| Telephone number: | 01624 682 216 |
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 monitoring@disclosure.org.uk. 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.