Financials (10-K)

Part III – Item 12. Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters

Item 12. Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters

The section entitled “Ownership of Common Stock” in our definitive Proxy Statement for the Annual Meeting of Stockholders to be held on May 16, 2012 is incorporated herein by reference.

Securities Authorized for Issuance under Equity Compensation Plans

The following table shows, as of December 31, 2011, information regarding outstanding awards available under our compensation plans (including individual compensation arrangements) under which our equity securities may be delivered:

    (a)     (b)     (c)  
Plan category   Number of
securities to be
issued upon
exercise of
outstanding
options,
warrants and
rights(1)
    Weighted-
average exercise
price of
outstanding
options,
warrants and
rights
    Number of
securities
available for
future
issuance
(excluding
shares in
column (a))(1)
 
Equity compensation plans approved by security holders:                        
Stock Ownership Plan(2)     79,155     $ 20.39        
2002 Long-Term Incentive Plan (as amended)(3)     659,810     $ 6.06        
2006 Long-Term Incentive Plan(4)     2,004,234     $ 19.30       1,569,025  

(1)

Reflects the number of shares of the Company’s common stock. Does not include 436,662 shares that may be issued in settlement of common stock equivalent units that were (i) credited to outside directors as payment for their retainer and other fees or (ii) credited to any of our executive officers who have elected to defer a portion of their compensation. In general, these units are settled in cash. At the option of the Company, however, the units may be settled in shares of the Company’s common stock.

(2)

This plan terminated as to new awards on December 31, 2001 (except awards pursuant to commitments outstanding at that date).

(3)

This plan terminated as to new awards upon adoption of our 2006 Long-term Incentive Plan (except awards pursuant to commitments outstanding on that date).

(4)

Does not include 407,751 shares subject to outstanding restricted stock (vest over time) as of December 31, 2011 that were issued at a weighted average grant date fair value of $22.64. Under this plan, as of December 31, 2011, a maximum of 1,255,220 shares remained available for delivery under full value awards (i.e., bonus stock, stock equivalent units, performance units, restricted stock and restricted stock units).