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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 | (4) | 12/31/2012 | D | 192 (1) | (1) | (1) | Common Stock | 192 | $ 0 (1) | 3,245 | D | ||||
Restricted Stock Units | (4) | 12/31/2012 | M | 3,245 (1) | (1) | (1) | Common Stock | 3,245 | $ 0 (1) | 0 | D | ||||
Restricted Stock Units | (4) | 12/31/2012 | D | 1,127 (2) | (2) | (2) | Common Stock | 1,127 | $ 0 (2) | 1,772 | D | ||||
Restricted Stock Units | (4) | 12/31/2012 | M | 1,772 (2) | (2) | (2) | Common Stock | 1,772 | $ 0 (2) | 0 | D | ||||
Restricted Stock Units | (4) | 12/31/2012 | D | 2,154 (3) | (3) | (3) | Common Stock | 2,154 | $ 0 (3) | 826 | D | ||||
Restricted Stock Units | (4) | 12/31/2012 | M | 826 (3) | (3) | (3) | Common Stock | 826 | $ 0 (3) | 0 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
Weinstein Michael Feder NO-CAL BEVERAGE CO., LLC 350 THEODORE FREMD AVENUE RYE, NY 10580 |
X |
Wayne R. Lewis, attorney in fact | 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) | Reporting Person resigned as a Director of the Issuer on December 31, 2012 (the "Separation Date"). The Board of Directors approved the vesting on the Separation Date of a prorata number of restricted stock units based on the number of days between the award date of March 2, 2010 (2010 award) and the Separation Date. On the Separation Date 3,246 restricted stock units vested and shares in that amount were issued to the Reporting Person on the day of vesting. The remaining unvested 191 restricted stock units (that were made as part of the 2010 award) were forfeited. |
(2) | Reporting Person resigned as a Director of the Issuer on December 31, 2012 (the "Separation Date"). The Board of Directors approved the vesting on the Separation Date of a prorata number of restricted stock units based on the number of days between the award date of March 2, 2011 (2011 award) and the Separation Date. On the Separation Date 1,773 restricted stock units vested and shares in that amount were issued to the Reporting Person on the day of vesting. The remaining unvested 1,126 restricted stock units (that were made as part of the 2011 award) were forfeited. |
(3) | Reporting Person resigned as a Director of the Issuer on December 31, 2012 (the "Separation Date"). The Board of Directors approved the vesting on the Separation Date of a prorata number of restricted stock units based on the number of days between the award date of March 2, 2012 (2012 award) and the Separation Date. On the Separation Date 827 restricted stock units vested and shares in that amount were issued to the Reporting Person on the day of vesting. The remaining unvested 2,153 restricted stock units (that were made as part of the 2012 award) were forfeited. |
(4) | Each restricted stock unit represents a contingent right to receive one share of the Issuer's Common Stock and is granted pursuant to the Issuer's Omnibus Stock Incentive Plan of 2009. |