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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 | |
Whitmore Robert W 920 DISC DRIVE ATTN: STOCK PLAN ADMINISTRATION SCOTTS VALLEY, CA 95066 |
EVP, Chief Technical Officer |
/S/ Roberta S. Cohen for Robert W. Whitmore | 11/12/2010 | |
**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) | On July 27, 2010, the Compensation Committee of the Board of Directors of the Issuer authorized and confirmed that the performance metrics were met with respect to 21,000 of the 42,000 Performance Shares (the "2007 Shares") granted to Mr. Whitmore on September 13, 2007 and reported on Mr. Whitmore's Form 4 dated September 17, 2007. The Compensation Committee of the Board of Directors of the Issuer authorized and confirmed the performance metrics were met with respoect to 4,180 of the 8,360 Performance Shares (the "2008 Shares") granted to Mr. Whitmore on September 12, 2008 and reported on Mr. Whitmore's Form 4 dated September 16, 2008. |
(2) | Excludes 44,440 Performance Unit Shares and 16,000 Performance Shares previously reported on Mr. Whitmore's Form 4 dated September 13, 2010 and 25,180 of the 2007 Shares and 2008 Shares previously reported on Mr. Whitmore's Form 4 dated September 17, 2007 and September 16, 2008. The vesting of such Performance Unit Shares and Performance Shares remains subject to the achievement of performance goals that are not tied to the market price of the Company's ordinary shares. Pursuant to the Securities and Exchange Commission's interpretative guidance, these Performance Unit Shares and Performance Shares are not required to be reported on Mr. Whitmore's Section 16 filings until such performance goals have been achieved. |