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 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.