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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 | ||||||||
Restricted Stock Units | $ 0 | 12/30/2009 | 12/30/2009 | J(1) | 13,325 (3) | (4) | 12/30/2009 | Common Stock | 13,325 (3) | $ 0 | 0 | D | |||
Employee Stock Options (Right to Buy) | $ 2.76 | 12/30/2009 | 12/30/2009 | J(1) | 24,652 (5) | (6) | 12/30/2009 | Common Stock | 24,652 (5) | $ 0 | 0 | D | |||
Restricted Stock Units | $ 0 | 12/30/2009 | 12/30/2009 | J(1) | 3,986 (7) | (8) | 12/30/2009 | Common Stock | 3,986 (7) | $ 0 | 0 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Harbach F Edwin 100 CRESCENT COURT SUITE 700 DALLAS, TX 75201 |
X |
/s/ F. Edwin Harbach | 12/31/2009 | |
**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) | BearingPoint, Inc.'s Modified Second Amended Joint Plan Under Chapter 11 of the Bankruptcy Code, dated December 17, 2009 (the "Plan"), as confirmed by the Bankrutpcy Court for the Southern District of New York on December 22, 2009, became effective on December 30, 2009 (the "Effective Date"). The Plan provides that all equity interests of BearingPoint, Inc. (including all outstanding shares of Common Stock, options, warrants or contractual or other rights to acquire any equity interests) are cancelled and extinguished effective as of the Effective Date and that the holders of such equity interests are not entitled to, and shall not receive or retain, any property or interest in property in respect of such equity interests. As such, on December 30, 2009, the equity interests reflected on this Form 4 were cancelled and extinguished for no consideration. |
(2) | 166,560 shares of common stock prior to the 50:1 reverse stock split of BearingPoint's common stock effective on December 10, 2008. |
(3) | 666,244 shares of common stock prior to the 50:1 reverse stock split of BearingPoint's common stock effective on December 10, 2008. |
(4) | As previously reported, on January 8, 2007, F. Edwin Harbach was granted an award of 888,325 restricted stock units ("RSUs"), which grant was approved by the Compensation Committee of the Board of Directors of BearingPoint, Inc. The award vests as follows: 222,081 RSUs vested on each of January 8, 2008 and 2009 and an additional 222,081 will vest on January 8 in 2010 and 222,082 RSUs were scheduled to vest on January 8, 2011. As previously reported, on March 4, 2008, 222,081 shares of the Company's common stock were issued to Mr. Harbach in settlement of his vested RSUs, of which 55,521 shares of common stock were withheld by the Company (as approved by the Compensation Committee) to satisfy Mr. Harbach's tax withholding obligations. |
(5) | 1,232,600 shares of common stock prior to the 50:1 reverse stock split of BearingPoint's common stock effective on December 10, 2008. |
(6) | The Compensation Committee of the Board of Directors of BearingPoint, Inc. approved a stock option grant to Mr. Harbach as of January 2, 2008, to purchase up to 1,232,600 shares of BearingPoint common stock. The option vests in four equal installments on January 2 in each of 2009, 2010, 2011 and 2012. |
(7) | 199,275 shares of common stock prior to the 50:1 reverse stock split of BearingPoint's common stock effective on December 10, 2008. |
(8) | The Compensation Committee of the Board of Directors of the Company approved a grant of 199,275 RSUs to Mr. Harbach as of January 2, 2008, which vest on each anniversary of the grant date as follows: 49,818 RSUs vest on January 2, 2009, and 49,819 RSUs vest on January 2 in each of 2010, 2011 and 2012. |