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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 |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Hale Wayne 2511 GARDEN ROAD BLDG A, SUITE 200 MONTEREY, CA 93940 |
EVP and COO |
Robert R. Nielsen, Attorney-in-Fact for Wayne R. Hale | 03/03/2009 | |
**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) | Reports shares withheld by the Issuer to satisfy tax obligations at a net settlement price equal to the average of the high and low sales price on NASDAQ on February 27, 2009, the trading day immediately preceding the vesting date of the shares granted to the Reporting Person on March 1, 2007, one-third of which vested on March 1, 2008, one-third on March 1, 2009 and the remaining one-third which will vest on March 1, 2010. Such shares were granted to the Reporting Person pursuant to a Rule 16b-3(d) plan. |
(2) | Includes 8,333 unvested, time-vested performance shares granted on March 1, 2007 which vests in the ordinary course on March 1, 2010 and 4,400 unvested, time-vested performance shares granted on April 7, 2008 which vests in the ordinary course on December 31, 2010. |
(3) | Reported by 401(k) plan trustee as of March 2, 2009. |