REG - ARK Inv Mgmt LLC DraftKings Inc. Entain PLC - Form 8.3 - DraftKings Inc

EntainAnnouncement

12/10/2021 14:35

RNS Number : 8363O
  
ARK Investment Management LLC
  
12 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:


ARK Investment Management LLC




(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.


N/A




(c) Name of offeror/offeree in relation to whose relevant securities this form relates:
     Use a separate form for each offeror/offeree


DraftKings Inc




(d) If an exempt fund manager connected with an offeror/offeree, state this and specify identity of offeror/offeree:


N/A




(e) Date position held/dealing undertaken:
     For an opening position disclosure, state the latest practicable date prior to the disclosure


4 October 2021. In addition, ARK Investment Management LLC has dealt on previous dates during the Offer Period as attached at the end of this form.




(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 0.0001 class A common




 
 


Interests


Short positions








Number


%


Number


%




(1) Relevant securities owned and/or controlled:


 
17,970,173


4.42
 


Nil


-




(2) Cash-settled derivatives:
 


Nil


-


Nil


-




(3) Stock-settled derivatives (including options) and agreements to purchase/sell:


8,500


0.01


Nil


-




 
     TOTAL:


17,970,173*


4.43


Nil


-



* During the offer period, 454,373 USD 0.0001 class A common shares have been transferred in and 777,556 USD 0.0001 class A common shares have been transferred out.
 
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 0.0001 class A common


Purchase


21


$48.67




USD 0.0001 class A common


Purchase


50


$48.6763




USD 0.0001 class A common


Purchase


11


48.7084




USD 0.0001 class A common


Purchase


1,214


48.86




USD 0.0001 class A common


Sale


1,641


$48.765




USD 0.0001 class A common


Sale


350


$48.86



 
(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




N/A


N/A
 


N/A


N/A


N/A



 
(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:


12 October 2021




Contact name:


Harry Skirlis, Compliance Manager




Telephone number*:


+1 (315) 236 4271 



 
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.
 
*If the discloser is a natural person, a telephone number does not need to be included, provided contact information has been provided to the Panel's Market Surveillance Unit.
 
The Code can be viewed on the Panel's website at www.thetakeoverpanel.org.uk.
 
Dealing prior to 4 October 2021
 
Purchases and sales
 



Date


Class of relevant security


Purchase/sale
 


Number of securities


Price per unit




21 September 2021


USD 0.0001 class A common


Purchase


4


$53.7795




21 September 2021


USD 0.0001 class A common


Purchase


35


$53.7812




21 September 2021


USD 0.0001 class A common


Purchase


107


$53.7838




21 September 2021


USD 0.0001 class A common


Purchase


133


$53.4751




21 September 2021


USD 0.0001 class A common


Purchase


2,855


$54.3092




21 September 2021


USD 0.0001 class A common


Purchase


82,535


$54.316




21 September 2021


USD 0.0001 class A common


Sale


34


$53.7668




21 September 2021


USD 0.0001 class A common


Sale


186


$53.7653




21 September 2021


USD 0.0001 class A common


Sale


1


$52.8337




21 September 2021


USD 0.0001 class A common


Sale


144


$56.23




22 September 2021


USD 0.0001 class A common


Purchase


61


$52.59




22 September 2021


USD 0.0001 class A common


Purchase


678


$52.66




22 September 2021


USD 0.0001 class A common


Purchase


19,226


$52.77




22 September 2021


USD 0.0001 class A common


Purchase


6,400


$52.58




22 September 2021


USD 0.0001 class A common


Purchase


159,851


$53.00




22 September 2021


USD 0.0001 class A common


Purchase


73,200


$52.71




22 September 2021


USD 0.0001 class A common


Purchase


250,000


$52.86




22 September 2021


USD 0.0001 class A common


Purchase


260,468


$52.69




22 September 2021


USD 0.0001 class A common


Purchase


19,500


$52.83




22 September 2021


USD 0.0001 class A common


Purchase


19,216


$52.67




22 September 2021


USD 0.0001 class A common


Purchase


580


$52.72




22 September 2021


USD 0.0001 class A common


Purchase


324


$52.44




22 September 2021


USD 0.0001 class A common


Sale


105


$52.5711




22 September 2021


USD 0.0001 class A common


Sale


36


$52.5703




22 September 2021


USD 0.0001 class A common


Sale


34


$52.83




22 September 2021


USD 0.0001 class A common


Sale


151


$52.77




23 September 2021


USD 0.0001 class A common


Purchase


75


$52.5




23 September 2021


USD 0.0001 class A common


Purchase


177


$52.4967




23 September 2021


USD 0.0001 class A common


Purchase


34


$52.4971




23 September 2021


USD 0.0001 class A common


Purchase


57


$52.53




23 September 2021


USD 0.0001 class A common


Purchase


300


$53.1698




23 September 2021


USD 0.0001 class A common


Purchase


2,322


$53.138




23 September 2021


USD 0.0001 class A common


Purchase


956


$52.65




23 September 2021


USD 0.0001 class A common


Purchase


950


$52.695




23 September 2021


USD 0.0001 class A common


Purchase


11,478


$51.72




23 September 2021


USD 0.0001 class A common


Sale


40


$52.4908




23 September 2021


USD 0.0001 class A common


Sale


35


$51.96




23 September 2021


USD 0.0001 class A common


Sale


121


$51.71




24 September 2021


USD 0.0001 class A common


Purchase


7,919


$51.60807




24 September 2021


USD 0.0001 class A common


Purchase


1


$51.4994




24 September 2021


USD 0.0001 class A common


Purchase


57


$51.495




24 September 2021


USD 0.0001 class A common


Purchase


37


$51.4989




24 September 2021


USD 0.0001 class A common


Purchase


5,026


$51.18




24 September 2021


USD 0.0001 class A common


Sale


2


$51.532




24 September 2021


USD 0.0001 class A common


Sale


324


$52.09




27 September 2021


USD 0.0001 class A common


Purchase


1


$50.9159




27 September 2021


USD 0.0001 class A common


Purchase


59


$50.9226




27 September 2021


USD 0.0001 class A common


Purchase


11


$50.9284




27 September 2021


USD 0.0001 class A common


Purchase


91


$50.9259




27 September 2021


USD 0.0001 class A common


Purchase


1,331


$51.53




27 September 2021


USD 0.0001 class A common


Purchase


132,205


$51.41




27 September 2021


USD 0.0001 class A common


Sale


34


$50.9116




27 September 2021


USD 0.0001 class A common


Sale


3


$51.06




27 September 2021


USD 0.0001 class A common


Sale


3791


$51.32




28 September 2021


USD 0.0001 class A common


Purchase


47


$49.8867




28 September 2021


USD 0.0001 class A common


Purchase


131


$49.89




28 September 2021


USD 0.0001 class A common


Purchase


13


$49.8943




28 September 2021


USD 0.0001 class A common


Purchase


43


$49.88




28 September 2021


USD 0.0001 class A common


Purchase


6


$49.8284




28 September 2021


USD 0.0001 class A common


Purchase


582


$49.5382




28 September 2021


USD 0.0001 class A common


Purchase


17


$49.92




28 September 2021


USD 0.0001 class A common


Purchase


41


$49.79




28 September 2021


USD 0.0001 class A common


Purchase


8,014


$50.61




28 September 2021


USD 0.0001 class A common


Purchase


39,163


$50.09




28 September 2021


USD 0.0001 class A common


Purchase


388,050


$50.15




28 September 2021


USD 0.0001 class A common


Purchase


5,000


$50.59




28 September 2021


USD 0.0001 class A common


Purchase


18,993


$49.82




28 September 2021


USD 0.0001 class A common


Purchase


627


$49.86




28 September 2021


USD 0.0001 class A common


Purchase


330


$49.73




28 September 2021


USD 0.0001 class A common


Sale


1,531


$49.8833




28 September 2021


USD 0.0001 class A common


Sale


92


$49.65




28 September 2021


USD 0.0001 class A common


Sale


264


$49.78




28 September 2021


USD 0.0001 class A common


Sale


12


$49.76




28 September 2021


USD 0.0001 class A common


Sale


1,266


$49.87




29 September 2021


USD 0.0001 class A common


Purchase


5


$48.2292




29 September 2021


USD 0.0001 class A common


Purchase


70


$48.2269




29 September 2021


USD 0.0001 class A common


Purchase


7,068


$48.29




29 September 2021


USD 0.0001 class A common


Purchase


1,722


$48.25




29 September 2021


USD 0.0001 class A common


Purchase


1,908


$48.224




29 September 2021


USD 0.0001 class A common


Purchase


922


$49.609




29 September 2021


USD 0.0001 class A common


Purchase


4,141


$48.74




29 September 2021


USD 0.0001 class A common


Purchase


158,095


$49.46




29 September 2021


USD 0.0001 class A common


Purchase


184,805


$49.84




29 September 2021


USD 0.0001 class A common


Sale


36


$48.22




29 September 2021


USD 0.0001 class A common


Sale


6


$48.2237




29 September 2021


USD 0.0001 class A common


Sale


4


$48.475




29 September 2021


USD 0.0001 class A common


Sale


389


$48.62




30 September 2021


USD 0.0001 class A common


Purchase


48


$48.1091




30 September 2021


USD 0.0001 class A common


Purchase


200


$48.09




30 September 2021


USD 0.0001 class A common


Purchase


2


$48.59




30 September 2021


USD 0.0001 class A common


Purchase


54,266


$48.878




30 September 2021


USD 0.0001 class A common


Sale


82


$48.0106




30 September 2021


USD 0.0001 class A common


Sale


79


$48.01




30 September 2021


USD 0.0001 class A common


Sale


450


$48.27




1 October 2021


USD 0.0001 class A common


Purchase


13


$50.5885




1 October 2021


USD 0.0001 class A common


Purchase


33


$50.5846




1 October 2021


USD 0.0001 class A common


Purchase


71


$50.5848




1 October 2021


USD 0.0001 class A common


Purchase


23


$50.58




1 October 2021


USD 0.0001 class A common


Purchase


184


$50.5862




1 October 2021


USD 0.0001 class A common


Purchase


330


$50.659




1 October 2021


USD 0.0001 class A common


Purchase


5


$50.639




1 October 2021


USD 0.0001 class A common


Purchase


2,962


$50.73




1 October 2021


USD 0.0001 class A common


Sale


32


$50.5716




1 October 2021


USD 0.0001 class A common


Sale


94


$50.57




1 October 2021


USD 0.0001 class A common


Sale


8


$50.655




1 October 2021


USD 0.0001 class A common


Sale


161


$50.69



 
 
Stock-settled derivative transactions (including options) - Writing, selling, purchasing or varying
 



Date


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




29/09/2021


DKNG


Call Option


Purchased


1500


105


American


02/01/2023


$1.66 



 




 
 
SUPPLEMENTAL FORM 8 (OPEN POSITIONS)
 
DETAILS OF OPEN STOCK-SETTLED DERIVATIVE (INCLUDING OPTION) POSITIONS, AGREEMENTS TO PURCHASE OR SELL ETC.
Note 5(i) on Rule 8 of the Takeover Code (the "Code")
 
 
1.         KEY INFORMATION
 



Full name of person making disclosure:


ARK Investment Management LLC




Name of offeror/offeree in relation to whose relevant securities the disclosure relates:


DraftKings Inc



 
2.         STOCK-SETTLED DERIVATIVES (INCLUDING OPTIONS)
 



Class of relevant security


Product description e.g. call option


Written or purchased


Number of securities to which option or derivative relates


Exercise price per unit


Type
e.g. American, European etc.


Expiry date




DKNG


Call Option


Purchased


8500


105


American


02/01/2023



 
3.         AGREEMENTS TO PURCHASE OR SELL ETC.
 



Full details should be given so that the nature of the interest or position can be fully understood:




 
 
 
 
 



 
It is not necessary to provide details on a Supplemental Form (Open Positions) with regard to cash-settled derivatives.
 
The currency of all prices and other monetary amounts should be stated.
 
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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