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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 | ||||||||
Options (Right to Buy) | $ 3.8125 | 05/20/2010 | I | 18,400 | (5) | 07/06/2010 | Common Stock | 18,400 | $ 5.5875 (4) | 0 | D | ||||
Options (Right to Buy) | $ 4.38 | (5) | 09/05/2011 | Common Stock | 24,000 | 24,000 | D | ||||||||
Options (Right to Buy) | $ 2.045 | (5) | 04/10/2013 | Common Stock | 27,000 | 27,000 | D | ||||||||
Options (Right to Buy) | $ 4.7 | (5) | 12/29/2015 | Common Stock | 15,000 | 15,000 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
TRBOVICH NICHOLAS JR 1110 MAPLE STREET, P.O. BOX 300 ELMA, NY 14059-0300 |
X | Chief Operating Officer |
Nicholas D. Trbovich, Jr. | 05/24/2010 | |
**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) | Receipt of securities by will or the laws of descent and distribution. |
(2) | Does not include the shares reported by the reporting person's father, Dr. Nicholas D. Trbovich, who files Section 16(a) reports under his own name. |
(3) | As of the date hereof, includes 28,194.20 shares allocated to the reporting person's account under the Company's Employee Stock Ownership Trust (the "ESOT") as well as shares allocated to the ESOT accounts of the reporting person's father, Dr. Nicholas Trbovich, and the reporting person's brothers, Michael Trbovich and Kenneth Trbovich, that the reporting person is required to report pursuant to Rule 16a-8(b)(2). The reporting person disclaims beneficial interest in the 59,105.98 shares allocated to his family members' ESOT accounts. |
(4) | Pursuant to an amendment to the applicable stock option agreement, the reporting person elected to surrender these unexercised options to the Company in exchange for a cash payment equal to the difference between the exercise price and the closing price of the Company's common stock on the day of surrender ($9.40) less an administrative charge. |
(5) | All of the options are currently exercisable. |