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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 Performance Shares | $ 0 | 12/31/2012 | M | 4,800 | (1) | (1) | Common Shares | 4,800 | $ 0 | 0 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Elvig Mark F 6316 WINDFERN ROAD HOUSTON, TX 77040 |
VP, Counsel & Secretary |
/s/ Mark Elvig | 01/02/2013 | |
**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) | The shares vesting were awarded as restricted performance shares in April 2010. As reported in the Form 4 filing on April 5, 2010 at the time the award was made, "The Restricted Performance Shares vest based on the Company's return on invested capital for the period that began on January 1, 2010 and ends on December 31, 2012 (the "performance period") as follows. If the Company's return on invested capital at the end of the performance period is in the top decile of the return on invested capital of the Company's peers as published by Bloomberg, then the Restricted Performance Shares will fully vest. If this criteria is not met, then no shares shall vest and the award will be forfeited." The performance criteria and all requirements for vesting have been met and thus the shares fully vested on December 31, 2012, at the conclusion of the performance period. |