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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 | ||||||||
Time-Based Cash Award (2) | (3) | 06/21/2012 | J | 0 (3) | 06/21/2012 | 06/21/2012 | Time-Based Cash Award (3) | 0 (3) | (3) | 0 (3) | D | ||||
Time-Based Cash Award (2) | (4) | 06/21/2012 | J | 0 (4) | 06/21/2012 | 06/21/2012 | Time-Based Cash Award (4) | 0 (4) | (4) | 0 (4) | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Clark H. Craig 707 SEVENTEENTH STREET, SUITE 3600 DENVER, CO 80202 |
X | President & CEO, Director |
Roberta L. Louis, attorney-in-fact for H. Craig Clark | 10/19/2012 | |
**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). |
(2) | The exit box was inadvertently checked on the Original Form 4 filed with the Securities and Exchange Commission on June 25, 2012. The Reporting Person's employment with the Issuer terminated on June 21, 2012, but the Reporting Person remained a Director of the Issuer through October 5, 2012, when he resigned from the Board. |
(3) | On June 10, 2011, Reporting Person was granted a time-based cash award with an initial value of $469,500. On the award's payment date, Reporting Person is entitled to receive an amount of cash equal to the initial value multiplied by a fraction, the numerator of which is the sum of (A) the fair market value of a share of Issuer common stock on the payment date plus (B) the value of dividends and other distributions paid to shareholders with respect to a share of Issuer common stock from June 10, 2011 until the payment date, and the denominator of which is $27.11. The payment date is the earliest of (i) June 10, 2014, (ii) the date of a change of control of Issuer, and (iii) the date of Reporting Person's death, disability or involuntary termination of employment. Effective as of June 21, 2012, the date of Reporting Person's involuntary from Issuer, this award was paid out at $193,706. |
(4) | On March 12, 2012, Reporting Person was granted a time-based cash award with an initial value of $166,000. On the award's payment date, Reporting Person is entitled to receive an amount of cash equal to the initial value multiplied by a fraction, the numerator of which is the sum of (A) the fair market value of a share of Issuer common stock on the payment date plus (B) the value of dividends and other distributions paid to shareholders with respect to a share of Issuer common stock from March 12, 2012 until the payment date, and the denominator of which is $12.405. The payment date is the earliest of (i) March 12, 2015, (ii) the date of a change of control of Issuer, and (iii) the date of Reporting Person's death, disability or involuntary termination of employment. Effective as of June 21, 2012, the date of Reporting Person's involuntary from Issuer, this award was paid out at $93,739. |