23 Nov 2010 11:59
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/ Aberforth Partners LLP on behalf of dealings are being disclosed:
discretionary clients (b) Owner or controller of interests and short positions disclosed, if different from 1(a): The naming of nominee or vehicle companies is insufficient (c) Name of offeror/offeree in relation to Biocompatibles International plc whose relevant securities this form relates: Use a separate form for each offeror/ offeree (d) If an exempt fund manager connected with an offeror/offeree, state this and specify identity of offeror/offeree: (e) Date position held/dealing undertaken: 22 November 2010 (f) Has the discloser previously disclosed, Yes - BTG plc or 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: Ordinary Shares Interests Short positions Number % Number % (1)Relevant securities owned and 5,372,251 13.65 Nil 0.00 /or controlled: (2)Derivatives (other than options): (3)Options and agreements to purchase/sell: TOTAL: 5,372,251 13.65 Nil 0.00
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 N/A which subscription right exists: Details, including nature of the rights N/A 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 securities Price per unit security Ordinary Shares Sale 160,940 387.949p (Including 131,940 shares over which it had voting authority)
(b) Derivatives transactions (other than options)
Class of Product Nature of dealing Number of Price per unit relevant description reference security e.g. opening/ securities e.g. CFD closing a long/ short position, increasing/ reducing a long/ short position N/A
(c) Options transactions in respect of existing securities
(i) Writing, selling, purchasing or varying
Class of Product Writing, Number of Exercise Type e.g. Expiry Option money relevant description purchasing, securities price American, date paid/
security e.g. call selling, to which per unit European received option varying option etc. per unit etc. relates N/A (ii) ExercisingClass of Product description Number of Exercise price per unitrelevant securities security e.g. call option N/A
(d) Other dealings (including subscribing for new securities)
Class of Nature of dealing Details Price per unit relevant e.g. subscription, security conversion (if applicable) N/A
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"
Disclosure under Rule 2.11d of The Takeover Code
Aberforth Partners LLP ("Aberforth") provided a non-binding letter of intent to BTG plc regarding BTG plc's proposed acquisition of Biocompatibles
International plc ("Biocompatibles"), as referred to in the announcement of the acquisition dated 19 November 2010. On 22 November 2010, Aberforth disposed of 131,940 shares (over which it had voting authority) in Biocompatibles, on behalf of clients. As a result, Aberforth now intends to vote in favour of the resolutions to be proposed at the Court Meeting and the Biocompatibles general meeting necessary to approve the Scheme (or as the case may be, to accept the Takeover Offer) in respect of 3,997,451 Biocompatibles shares, over which it has voting authority.
(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) AttachmentsIs a Supplemental Form 8 No (Open Positions) attached? Date of disclosure: 23 November 2010 Contact name: David Holland, for Aberforth Partners LLP Telephone number: 0131-220-0733
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 .
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