FNLY » Topics » EQUITY COMPENSATION PLAN INFORMATION

This excerpt taken from the FNLY DEF 14A filed May 12, 2008.

EQUITY COMPENSATION PLAN INFORMATION

Options to purchase common stock, restricted stock and RSUs have been granted by the Company to employees and non-employee directors under various stock-based compensation plans. The following table summarizes the number of stock options issued, shares of restricted stock and RSUs awarded, the weighted-average exercise price and the number of securities remaining to be issued under all outstanding equity compensation plans as of February 2, 2008.

     
Plan Category   (a)
Number of securities to be issued upon exercise of outstanding options, warrants and rights
  (b)
Weighted-average exercise price of outstanding options, warrants and rights
  (c)
Number of securities remaining available for future issuance under equity compensation plans (excluding securities reflected in column (a))
Equity compensation plans approved by security holders(1)     1,441,618 (2)    $ 8.27 (3)      155,628 (4) 
Equity compensation plans not approved by security holders                  
Total     1,441,618     $ 8.27       155,628  

(1) Reflects information relating to the 1993, 1997 and 2007 Plans.
(2) Includes 48,367 shares of restricted stock issued to certain executive officers and key employees on April 30, 2008 pursuant to awards made in April 2005 under the 1997 Plan.
(3) RSUs are settled for shares of the Company’s common stock on a one-for-one basis. Accordingly, RSUs have been excluded for purposes of computing the weighted-average exercise price in column (b).

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(4) Awards are permitted under the 2007 Plan in the form of non-incentive stock options, restricted and nonrestricted stock, restricted stock units, including purchases and awards under the Executive Deferred Compensation Plan and Director Deferred Compensation Plan and performance awards, including awards that qualify as “performance-based compensation” under Section 162(m) of the Code, subject to such terms and conditions as the Company’s Compensation Committee shall determine. In connection with the adoption of the 2007 Plan, no further awards may be granted under the 1993 or 1997 Plan.
This excerpt taken from the FNLY DEF 14A filed May 22, 2007.

EQUITY COMPENSATION PLAN INFORMATION

Options to purchase common stock, restricted and nonrestricted stock and RSUs have been granted by the Company to employees and non-employee directors under various stock-based compensation plans. The following table summarizes the number of stock options issued, shares of restricted and nonrestricted stock and RSUs awarded, the weighted-average exercise price and the number of securities remaining to be issued under all outstanding equity compensation plans as of February 3, 2007, without regard to the 2007 Plan described in Proposal No. 2 above. Approval of the 2007 Plan in Proposal No. 2 will not result in an increase in the number of shares available for future issuance under any equity compensation plan of the Company.

 

Plan Category

 

(a)
Number of securities to be issued upon exercise of outstanding options, warrants and rights

 

(b)
Weighted-average exercise price of outstanding options, warrants and rights

 

(c)
Number of securities remaining available for future issuance under equity compensation plans (excluding securities reflected in column (a))

 

Equity compensation plans approved by security holders (1)

 

1,411,930

(2)

$

12.10

(3)

351,658

 

Equity compensation plans not approved by security holders

 

 

 

 

Total

 

1,411,930

 

$

12.10

 

351,658

 

______________

(1)

Awards are permitted under the 1993 and 1997 Plans in the form of (i) stock options; (ii) stock appreciation rights in tandem with stock options; (iii) limited stock appreciation rights in tandem with stock options; (iv) restricted or nonrestricted stock awards, including purchases and awards under the Deferred Compensation Plans, subject to such terms and conditions as the Company’s Compensation Committee shall determine; (v) performance units which are based upon attainment of performance goals during a period of not less than two nor more than five years and which may be settled in cash or in common stock in the discretion of the Company’s Compensation Committee; or (vi) any combination of the foregoing.

(2)

As of February 3, 2007, an aggregate of 156,000 shares of restricted stock have been issued under the 1997 Plan. Pursuant to awards made in October 2003 and April 2005 under the 1997 Plan, an additional 31,250 and 48,300 shares,

 

 

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respectively, of restricted stock will be issued to certain executive officers on September 30, 2007 and April 30, 2008, respectively (or an earlier vesting date under certain circumstances, provided the respective officers are then employed by the Company).

(3)

RSUs are settled for shares of the Company’s common stock on a one-for-one basis. Accordingly, RSUs have been excluded for purposes of computing the weighted-average exercise price in column (b).

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