PETM » Topics » C. EQUITY COMPENSATION PLANS

This excerpt taken from the PETM DEF 14A filed May 4, 2009.

C. EQUITY COMPENSATION PLANS

     All share numbers and information in the table and footnotes below are as of February 1, 2009.

Number of Securities
Remaining Available
                          for Issuance Under
    Number of Securities to Weighted Average   Equity Compensation
  be Issued Upon Exercise Exercise Price of Plans Excluding
  of Outstanding Options, Outstanding Options, Securities Reflected in
  Warrants and Rights Warrants and Rights Column (a)
Plan Category (a) (b) (c)
Equity compensation plans approved by      
     stockholders (1)   6,539,032 $10.51948   8,364,716 (2)
Equity compensation plans not approved by              
     stockholders (3) 540,544   13.11600  
Total 7,079,576     $19.76839   8,364,716   
____________________
 
(1)      

The plans included in this row are the: 1996 Non-Employee Director’s Equity Plan, 2002 Employee Stock Purchase Plan, 2003 Equity Incentive Plan and 2006 Equity Incentive Plan.

 
(2)

Under the 2006 Equity Incentive Plan, we may grant stock bonuses, stock options, and stock appreciation rights for the full amount of the share reserve of 6,279,496.

 
(3)

The plan included in this row is the 1997 Equity Incentive Plan, and includes restricted stock grants.

This excerpt taken from the PETM DEF 14A filed May 5, 2008.

Equity Compensation Plans

     All share numbers and information in the table and footnotes below are as of February 3, 2008.

Number of Securities
Remaining Available
for Issuance Under
Number of Securities to Weighted Average Equity Compensation
be Issued Upon Exercise Exercise Price of Plans Excluding
of Outstanding Options, Outstanding Options, Securities Reflected in
Plan Category      Warrants and Rights      Warrants and Rights      Column
Equity compensation plans approved by  
     stockholders (1)        5,644,919                $14.28542           10,869,716 (2)   
Equity compensation plans not approved by  
     stockholders (3) 637,737   12.87545
Total 6,282,656   19.11378 10,869,716  
____________________
 
(1)       The plans included in this row are the: 1996 Non-Employee Director’s Equity Plan, 2002 Employee Stock Purchase Plan, 2003 Equity Incentive Plan, and 2006 Equity Incentive Plan.
 
(2) Under the 2006 Equity Incentive Plan, we may grant stock bonuses, stock options, and stock appreciation rights for the full amount of the share reserve of 8,398,901.
 
(3) The plan included in this row is the 1997 Equity Incentive Plan, and includes restricted stock grants.
This excerpt taken from the PETM DEF 14A filed May 7, 2007.

Equity Compensation Plans

     All share numbers and information in the table and footnotes below are as of January 28, 2007.

Number of Securities
Remaining Available
for Issuance Under
Number of Securities to Weighted Average Equity Compensation
be Issued Upon Exercise Exercise Price of Plans Excluding
of Outstanding Options, Outstanding Options, Securities Reflected in
Plan Category         Warrants and Rights (a)         Warrants and Rights (b)         Column (a)(c)
Equity compensation plans approved by
     stockholders (1) 6,281,391 $16.83567 11,938,518 (2)   
Equity compensation plans not approved by
     stockholders (3)   1,045,573 $12.75268   215,948  
Total 7,326,964   $16.25302     12,154.466  
____________________
 
(1)     The plans included in this row are the: 1996 Non-Employee Director’s Equity Plan, 2002 Employee Stock Purchase Plan, and 2006 Equity Incentive Plan.
 
(2) Under the 2006 Equity Incentive Plan, we may grant stock bonuses, stock options, and stock appreciation rights for the full amount of the share reserve of 8,941,577.
 
(3) The plan included in this row is the 1997 Equity Incentive Plan, and includes restricted stock grants.
This excerpt taken from the PETM DEF 14A filed May 8, 2006.

Equity Compensation Plans

     All share numbers and information in the table and footnotes below are as of January 29, 2006.

                   Number of securities
   Number of    remaining available
   securities to be    Weighted-average  for issuance under
   issued upon exercise  exercise price  equity compensation
   of outstanding    of outstanding  plans (excluding
   options, warrants,  options, warrants  securities reflected
Plan Category         and rights (a)  and rights (b)    in column (a)) (c)
Equity compensation plans       
       approved by stockholders (1)   7,027,020  $  15.90223  8,566,164  (2)
Equity compensation plans       
       not approved by stockholders (3)     1,756,853      $  12.73217      2,367,700  
Total   8,783,873  $  15.26819 10,933,864  
____________________
 
(1)      

The plans included in this row are the: 1996 Non-Employee Director’s Equity Plan, 2002 Employee Stock Purchase Plan, and 2003 Equity Incentive Plan. With respect to the 2002 Employee Stock Purchase Plan, 3,000,520 shares available for issuance are included in column (c) in the reserve. No amounts with respect to the 2002 Employee Stock Purchase Plan are included in columns (a) or (b).

 
(2)

Under the 2003 Equity Incentive Plan, we may grant stock bonuses, stock options, and stock appreciation rights for the full amount of the share reserve of 5,565,644. However, no more than 20% of the aggregate number of stock awards granted shall have an exercise price, strike price, or purchase price, as applicable, less than the fair market value of our stock on the date the stock award is granted.

 
(3)

The plan included in this row is the 1997 Equity Incentive Plan.

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This excerpt taken from the PETM DEF 14A filed May 9, 2005.

Equity Compensation Plans

All share numbers and information in the table and footnotes below are as of January 30, 2005.

Plan Category
         Number of securities to
be issued upon exercise
of outstanding options,
warrants, and rights(a)
     Weighted-average
exercise price of
outstanding options,
warrants and rights(b)
     Number of securities
remaining available
for issuance under
equity compensation
plans (excluding
securities reflected
in column (a)) (c)
Equity compensation plans
approved by stockholders (1)
                    8,323,899            $14.01083              9,228,692 (2)  
Equity compensation plans not
approved by stockholders (3)
                    2,706,559            $11.86543              2,965,546   
Total
                    11,030,458            $13.48441              12,194,238   
 

(1)
  The plans included in this row are the: 1996 Non-Employee Director’s Equity Plan, 2002 Employee Stock Purchase Plan, and 2003 Equity Incentive Plan. With respect to the 2002 Employee Stock Purchase Plan, 3,250,349 shares available for issuance are included in column (c) in the reserve. No amounts with respect to the 2002 Employee Stock Purchase Plan are included in columns (a) or (b).

(2)
  Under the 2003 Equity Incentive Plan, we may grant stock bonuses, stock options, and stock appreciation rights for the full amount of the share reserve of 5,978,343. However, no more than twenty percent of the aggregate number of stock awards granted shall have an exercise price, strike price, or purchase price, as applicable, less than the fair market value of our stock on the date the stock award is granted.

(3)
  The plan included in this row is the 1997 Equity Incentive Plan.

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