Davidson Kempner Capital Management LP's Public Disclosure Report
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PUBLIC OPENING POSITION DISCLOSURE/DEALING DISCLOSURE BY
A PERSON WITH INTERESTS IN RELEVANT SECURITIES REPRESENTING 1% OR MORE
Key Information
(a) Full name of discloser:
Davidson Kempner Capital Management LP
(b) Owner or controller of interests and short positions disclosed, if different from 1(a):
The naming of nominee or vehicle companies is insufficient. For a trust, the trustee(s), settlor and beneficiaries must be named.
(c) Name of offeror/offeree in relation to whose relevant securities this form relates:
Use a separate form for each offeror/offeree
Smith (DS) plc
(d) If an exempt fund manager connected with an offeror/offeree, state this and specify the identity of offeror/offeree:
(e) Date position held/dealing undertaken:
For an opening position disclosure, state the last practicable date prior to the disclosure
16/08/2024
(f) In addition to the company in 1(c) above, is the discloser making disclosures in respect of any other party to the offer?
If it is a cash offer or possible cash offer, state “N/A”
Yes, International Paper Company
Positions of the Person Making the Disclosure
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.
(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:
Interests: | Short Positions
Number: | %: | Number: | %:
(1) Relevant securities owned and/or controlled:
(2) Cash-settled derivatives:
14,708,314 | 1.07 | |
(3) Stock-settled derivatives (including options) and agreements to purchase/sell:
TOTAL:
14,708,314 | 1.07 | |
All interests and all short positions should be disclosed.
Details of any open stock-settled derivative positions (including traded options), 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 employee options)
Class of relevant security in relation to which subscription right exists:
Details, including nature of the rights concerned and relevant percentages:
Dealings by the Person Making the Disclosure
(a) Purchases and sales
Class of relevant security: | Purchase/sale: | Number of securities: | Price per unit:
(b) Cash-settled derivative transactions
Class of relevant security: | Product description: | Nature of dealing: | Number of reference securities: | Price per unit:
(c) Stock-settled derivative transactions (including options)
(i) Writing, selling, purchasing or varying
Class of relevant security: | Product description: | Writing, purchasing, selling, varying etc.: | Number of securities to which option relates: | Exercise price per unit: | Type: | Expiry date: | Option money paid/ received per unit:
(ii) Exercise
Class of relevant security: | Product description: | Exercising/ exercised against: | Number of securities: | Exercise price per unit:
(d) Other dealings (including subscribing for new securities)
Class of relevant security: | Nature of dealing: | Details: | Price per unit (if applicable):
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:
Irrevocable commitments and letters of intent should not be included. 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:
19/08/2024
Contact name:
Alex McMillan
Telephone number:
646 282 5805
Public disclosures under Rule 8 of the Code must be made to a Regulatory Information Service.
The Panel’s Market Surveillance Unit is available for consultation in relation to the Code’s disclosure requirements on +44 (0)20 7638 0129.
The Code can be viewed on the Panel’s website.
Frequently Asked Questions
1. What is the purpose of Form 8.3?
Form 8.3 is used to disclose the interests held by an entity in the relevant securities of an offeror or offeree, as per the rules of the Takeover Code.
2. Who is Davidson Kempner Capital Management LP?
Davidson Kempner Capital Management LP is a global investment management firm that specializes in event-driven and value-oriented investment strategies.
3. What are the interests disclosed in the form?
The form details both the interests in relevant securities and any short positions that Davidson Kempner holds in Smith (DS) plc, along with cash-settled derivatives.
4. What must accompany Form 8.3 for comprehensive disclosures?
A Supplemental Form 8, detailing any open positions in stock-settled derivatives, should accompany Form 8.3 if applicable.
5. How can individuals obtain more information regarding the rules of the Takeover Code?
Further information about the Takeover Code can typically be found on the official website of the Panel on Takeovers and Mergers or by contacting their Market Surveillance Unit directly.
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