REG - BkofA Merrill Lynch Bally's Corporation - Form 8.3 - Bally's Corporation

Bally'sAnnouncement

04/10/2021 12:40

RNS Number : 9210N
  
Bank of America Merrill Lynch
  
04 October 2021
  
 


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) 


Full name of discloser: 






Bank of America Corporation







(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






Bally's Corporation







(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:
For an opening position disclosure, state the latest

practicable date prior to the disclosure 






01/10/2021







(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"






NO 



 




2.


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:


USD 0.01 common








Interests


Short Positions




Number


%


Number


%







(1) 


Relevant securities owned

and/or controlled: 






794,345


1.782% 


368,761


0.827 % 







(2) 


Cash-settled derivatives: 






367,164


0.824% 


581,524


1.304% 







(3) 


Stock-settled derivatives

(including options) and

agreements to purchase/sell: 






0


0% 


0


0 % 




TOTAL:


1,161,509


2.605% 


950,285


2.131% 



 

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: 


N/A 




Details, including nature of the rights 

concerned and relevant percentages: 


N/A 



 




3.


DEALINGS (IF ANY) BY THE PERSON MAKING THE DISCLOSURE





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.



The currency of all prices and other monetary amounts should be stated. 

 




(a)


Purchases and sales








Class of relevant security


Purchase/sale


Number of 

securities 


Price per unit




USD 0.01 common


Purchase


            4 


51.83 USD




USD 0.01 common


Purchase


            4 


51.92 USD




USD 0.01 common


Purchase


            4 


51.98 USD




USD 0.01 common


Purchase


            4 


52.1 USD




USD 0.01 common


Purchase


            4 


52.14 USD




USD 0.01 common


Purchase


            4 


52.17 USD




USD 0.01 common


Purchase


            4 


52.19 USD




USD 0.01 common


Purchase


            8 


52.39 USD




USD 0.01 common


Purchase


            8 


52.48 USD




USD 0.01 common


Purchase


            4 


52.49 USD




USD 0.01 common


Purchase


            5 


52.515 USD




USD 0.01 common


Purchase


            4 


52.72 USD




USD 0.01 common


Purchase


            6 


52.75 USD




USD 0.01 common


Purchase


            4 


52.756 USD




USD 0.01 common


Purchase


            7 


52.79 USD




USD 0.01 common


Purchase


            5 


52.811 USD




USD 0.01 common


Purchase


            6 


52.83 USD




USD 0.01 common


Purchase


            6 


52.88 USD




USD 0.01 common


Purchase


            1 


52.99 USD




USD 0.01 common


Purchase


            5 


53.08 USD




USD 0.01 common


Purchase


          10 


53.117 USD




USD 0.01 common


Purchase


          10 


53.21 USD




USD 0.01 common


Purchase


          16 


53.27 USD




USD 0.01 common


Purchase


            3 


53.31 USD




USD 0.01 common


Purchase


          18 


53.35 USD




USD 0.01 common


Purchase


          59 


53.356 USD




USD 0.01 common


Purchase


  588,593 


50.14 USD         




USD 0.01 common


Purchase


            1 


52.61 USD         




USD 0.01 common


Purchase


            1 


52.82 USD         




USD 0.01 common


Purchase


            1 


52.85 USD         




USD 0.01 common


Purchase


            6 


52.877 USD         




USD 0.01 common


Purchase


     1,474 


53.08 USD         




USD 0.01 common


Purchase


        144 


53.08 USD



 



Class of relevant security


Purchase/sale


Number of 

securities 


Price per unit




USD 0.01 common


Sale


            8 


52.26 USD




USD 0.01 common


Sale


            8 


52.668 USD




USD 0.01 common


Sale


            2 


52.851 USD




USD 0.01 common


Sale


            8 


52.973 USD




USD 0.01 common


Sale


        155 


53.08 USD




USD 0.01 common


Sale


            6 


53.09 USD




USD 0.01 common


Sale


  588,593 


50.14 USD         




USD 0.01 common


Sale


            1 


51.86 USD         




USD 0.01 common


Sale


            1 


52.24 USD         




USD 0.01 common


Sale


            1 


52.5 USD         




USD 0.01 common


Sale


            1 


52.8 USD         




USD 0.01 common


Sale


            1 


52.92 USD         



 



(b)


Cash-settled derivative transactions 







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




USD 0.01 common


Swaps - Equity Swaps


Reducing a Short Position


8


52.26 USD




USD 0.01 common


Swaps - Equity Swaps


Increasing a Short Position


1


52.99 USD




USD 0.01 common


Swaps - Equity Swaps


Reducing a Long Position


6


52.882 USD




USD 0.01 common


Swaps - Equity Swaps


Closing a Long Position


292,292


50.14 USD




USD 0.01 common


Swaps - Equity Swaps


Closing a Short Position


296,004


50.14 USD




USD 0.01 common


Swaps - Equity Swaps


Closing a Short Position


27


50.14 USD




USD 0.01 common


Swaps - Equity Swaps


Closing a Long Position


296,004


50.14 USD




USD 0.01 common


Swaps - Equity Swaps


Closing a Short Position


270


50.14 USD




USD 0.01 common


Swaps - Equity Swaps


Closing a Short Position


292,292


50.14 USD




USD 0.01 common


Swaps - Equity Swaps


Closing a Long Position


27


50.14 USD




USD 0.01 common


Swaps - Equity Swaps


Closing a Long Position


270


50.14 USD



 



(c)


Stock-settled derivative transactions (including options) 







(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 


Type

e.g. American, European etc.


Expiry date


Option money paid/ received per unit




N/A


N/A


N/A


N/A


N/A


N/A


N/A


N/A







(ii)


Exercise







Class of relevant security


Product description

e.g. call option


Exercising/

exercised

against 


Number of 

securities 


Exercise Price per 

unit 




N/A


N/A


N/A


N/A


N/A



 



(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)




N/A


N/A


N/A


N/A



 



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: 
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:


04/10/2021




Contact name:


Tolu Tade




Telephone number:


+44207 996 3410



 
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 at www.thetakeoverpanel.org.uk. 

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