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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940 |
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Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | |||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. | SEC 1474 (9-02) |
1. Title of Derivative Security (Instr. 3) |
2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) |
5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4, and 5) |
6. Date Exercisable and Expiration Date (Month/Day/Year) |
7. Title and Amount of Underlying Securities (Instr. 3 and 4) |
8. Price of Derivative Security (Instr. 5) |
9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) |
10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) |
11. Nature of Indirect Beneficial Ownership (Instr. 4) |
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Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
2007 March Restricted Units | (4) | 03/01/2010 | M | 6,667 | (4) | (4) | Common Stock | 6,667 | $ 0 | 0 | D | ||||
2007 Performance Based Restricted Units (CF) | (5) | 03/01/2010 | M | 10,000 | (5) | (5) | Common Stock | 10,000 | $ 0 | 0 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Fraser Cathy 1445 ROSS AVENUE SUITE 1400 DALLAS, TX 75202 |
Senior Vice President |
/s/ Cathy Fraser | 03/03/2010 | |
**Signature of Reporting Person | Date |
* | If the form is filed by more than one reporting person, see Instruction 4(b)(v). |
** | Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
(1) | Vesting of restricted units granted to the Reporting Person on March 1, 2007. |
(2) | All of the shares reported as disposed of on this Form 4 were relinquished by the Reporting Person in exchange for the Company's agreement to pay federal and state withholding obligations of the Reporting Person resulting from the vesting of the restricted units. |
(3) | Vesting of performance-based restricted units granted to the Reporting Person on March 1, 2007. |
(4) | These restricted units vested ratably on each of the first, second and third anniversaries of the date of grant. Restricted units are settled in shares of the Company's common stock upon vesting. |
(5) | (CF) These restricted units were granted subject to cliff vesting conditions based on the average closing price of the Company's common stock on the last 40 trading days of 2009 ("Stock Price"), with vesting occurring on the third anniversary of the date of grant, as follows: 10,000 restricted units to vest if the Stock Price is $6.75 or less; 20,000 restricted units to vest if the Stock Price is $8.50; and 30,000 restricted units to vest if the Stock Price is $10.25 or greater. Based on the Stock Price of less than $6.75, 10,000 restricted units vested on March 1, 2010. |