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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 | ||||||||
Stock Appreciation Right | $ 8.57 | 08/08/2012 | M | 640,440 | (6) | (7) | Common Stock | 640,440 | $ 0 | 0 | D | ||||
Stock Appreciation Right | $ 12.4 | 08/08/2012 | M | 246,400 | 03/31/2010 | (7) | Common Stock | 246,400 | $ 0 | 0 | D | ||||
Stock Appreciation Right | $ 13.2 | 08/08/2012 | M | 246,400 | (8) | (7) | Common Stock | 246,400 | $ 0 | 0 | D | ||||
Stock Appreciation Right | $ 14 | 08/08/2012 | M | 246,400 | (9) | (7) | Common Stock | 246,400 | $ 0 | 0 | D | ||||
Stock Appreciation Right | $ 14.8 | 08/08/2012 | M | 134,400 | (10) | (7) | Common Stock | 134,400 | $ 0 | 112,000 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Yemin Ezra Uzi 7102 COMMERCE WAY BRENTWOOD, TN 37027 |
X | President / CEO |
/s/ Ezra Uzi Yemin | 08/10/2012 | |
**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). |
(1) | 261,363 shares of Common Stock were issued to Mr. Yemin in connection with the net share settlement of 640,440 stock appreciation rights ("SARs"). 379,077 shares of Common Stock were withheld as a partial cashless exercise and to pay witholding taxes. |
(2) | 75,514 shares of Common Stock were issued to Mr. Yemin in connection with the net share settlement of 246,400 SARs. 170,886 shares of Common Stock were withheld as a partial cashless exercise and to pay witholding taxes. |
(3) | 70,284 shares of Common Stock were issued to Mr. Yemin in connection with the net share settlement of 246,400 SARs. 176,116 shares of Common Stock were withheld as a partial cashless exercise and to pay witholding taxes. |
(4) | 65,053 shares of Common Stock were issued to Mr. Yemin in connection with the net share settlement of 246,400 SARs. 181,347 shares of Common Stock were withheld as a partial cashless exercise and to pay witholding taxes. |
(5) | 32,631 shares of Common Stock were issued to Mr. Yemin in connection with the net share settlement of 134,400 SARs. 101,769 shares of Common Stock were withheld as a partial cashless exercise and to pay witholding taxes. |
(6) | 391,380 of the SARs vested on March 31, 2010 and the balance of the SARs vested ratably on the last day of each calendar month beginning April 30, 2010 and ending October 31, 2010. |
(7) | The SARs terminate upon the earlier of (a) the one year anniversary of termination of employment or (b) October 31, 2014. |
(8) | The SARs vested ratably on the last day of each calendar month beginning April 30, 2010 and ending February, 28, 2011. |
(9) | The SARs vested ratably on the last day of each calendar month beginning March 31, 2011 and ending January 31, 2012. |
(10) | The SARs vest ratably on the last day of each calendar month beginning February 29, 2012 and ending December 31, 2012. |