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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 | ||||||||
Employee Stock Option (right to buy) | $ 19.125 | 12/22/2004 | D(4) | 150,000 | (5) | 07/01/2008 | Common Stock | 150,000 | $ 13.765 (6) | 25,000 | D | ||||
Employee Stock Option (right to buy) | $ 19.125 | 12/23/2004 | M | 25,000 | (5) | 07/01/2008 | Common Stock | 25,000 | $ 19.125 | 0 | D | ||||
Employee Stock Option (right to buy) | $ 17.3125 | 12/22/2004 | D(4) | 150,000 | (7) | 12/13/2009 | Common Stock | 150,000 | $ 15.5775 (8) | 0 | D | ||||
Employee Stock Option (right to buy) | $ 24.5625 | 12/22/2004 | D(4) | 11,431 | (9) | 01/09/2011 | Common Stock | 11,431 | $ 8.3275 (10) | 12,569 | D | ||||
Employee Stock Option (right to buy) | $ 22 | 12/22/2004 | D(4) | 240,000 | (11) | 02/06/2012 | Common Stock | 240,000 | $ 10.89 (12) | 0 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
LEBLANC STEVEN R C/O SUMMIT PROPERTIES INC. 309 EAST MOREHEAD STREET, SUITE 200 CHARLOTTE, NC 28202 |
X | President and CEO |
/s/ Michael G. Malone | 12/27/2004 | |
**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) | This transaction was not previously reported, however beneficial ownership of the shares by the Reporting Person was disclosed in the Registrant's Proxy Statement for its annual meeting in 2004. |
(2) | Includes 35,750 shares of Common Stock that the Reporting Person has the opportunity to receive subsequent to January 1, 2004 pursuant to a stock award agreement with the Issuer. Subject to the Reporting Person's continued employment with the Issuer, the number of shares that the Reporting Person will be entitled to receive is based on the following schedule: 11,000 of March 1, 2005 and 2006; and the final 13,750 shares on March 1, 2007 (subject to acceleration under certain circumstances). |
(3) | On December 17, 2004, the Company's Board of Directors accelerated the vesting of certain shares of restricted stock and performance based stock awards held by the Reporting Person, and the restricted stock and performance based stock awards were subsequently cancelled by mutual agreement of the Reporting person and the Company. The Reporting Person received $1,216,864.22 as consideration for the cancellation of the restricted stock. |
(4) | On December 17, 2004, the Company's Board of Directors accelerated the vesting of certain stock options held by the Reporting Person, and such stock options were subsequently cancelled by mutual agreement of the reporting person and the Company. |
(5) | The option vested in five equal installments on July 7, 1998, 1999, 2000, 2001 and 2002. |
(6) | The Reporting Person received $2,064,750 as consideration for the cancellation of these stock options. |
(7) | The option vested in five equal installments on December 13, 1999, 2000, 2001, 2002 and 2003. |
(8) | The Reporting Person received $2,336,625 as consideration for the cancellation of these stock options. |
(9) | Prior to acceleration by the Board of Directors on December 17, 2004, the option vested in five equal installments on January 9, 2001, 2002, 2003, 2004 and 2005. |
(10) | The Reporting Person received $95,191.65 as consideration for the cancellation of these stock options. |
(11) | Prior to acceleration by the Board of Directors on December 17, 2004, the option vested in five installments, 36,000 on March 1, 2003, 48,000 on March 1, 2004, 2005 and 2006, and 60,000 on March 1, 2007. |
(12) | The Reporting Person received $2,613,600 as consideration for the cancellation of these stock options. |