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HSY » Topics » Do the stockholders listed in the beneficial ownership table above hold additional Company securities not reflected in that table?

This excerpt taken from the HSY DEF 14A filed Mar 16, 2009.

Do the stockholders listed in the beneficial ownership table above hold additional Company securities not reflected in that table?

Our directors and named executive officers hold certain unvested or deferred common stock units that we are not permitted to show in the beneficial ownership table above. The SEC prohibits us from including these units in the beneficial ownership table because the units will not convert to actual shares of Common Stock over which the holder will have voting or investment power within the required 60-day period. If and when these units convert to Common Stock shares, they will convert on a one-for-one basis and the holder will become the beneficial owner of the Common Stock shares.

We have added the table below to show the common stock unit holdings of each of the directors and named executive officers on March 2, 2009. These holdings appear under the column entitled “Shares Underlying Common Stock Units.” For ease of reference, we also have included in the table the number of Common Stock shares beneficially owned by these persons, as set forth in the beneficial ownership table above, and the total number of Common Stock shares beneficially owned and common stock units held on March 2, 2009.

 

Holder   Beneficially Owned
Common Stock		   Shares Underlying
Common
Stock Units(1)		    Total

Humberto P. Alfonso

     2,736   16,689    19,425

John P. Bilbrey

     6,335  

37,721

   

44,056

Michele G. Buck

     3,502   11,700    15,202

Robert F. Cavanaugh*

     1,000   19,164    20,164

Charles A. Davis*

     1,908     2,552      4,460

Arnold G. Langbo*

     2,908     5,259      8,167

James E. Nevels*

     2,834     2,552      5,386

Thomas J. Ridge*

          —     6,646      6,646

David L. Shedlarz*

          —     1,952      1,952

Burton H. Snyder

   18,874   10,000    28,874

Charles B. Strauss*

        200     4,460      4,660

David J. West*

   43,154          —    43,154

LeRoy S. Zimmerman*

          —     6,860      6,860

 

 

 

* Director

 

(1) Common stock units not beneficially owned include the following:

 

  •  

Unvested restricted stock units, or RSUs, granted on or before March 2, 2009 to the named executive officers under the Incentive Plan;

 

  •  

Unvested RSUs granted on or before March 2, 2009 to our directors under the Directors’ Compensation Plan or the Incentive Plan;

 

  •  

Common stock units deferred by the named executive officers under the Company’s Deferred Compensation Plan; and

 

  •  

Common stock units deferred by the directors under the Directors’ Compensation Plan.

 

     You can find additional information about unvested RSUs and deferred common stock units held by directors in the Director Compensation section beginning on page 19. You also can find additional information about unvested RSUs and deferred common stock units held by the named executive officers in the Executive Compensation section beginning on page 38.

 

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