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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 |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
ERNST BARRIE W 118 SECOND AVENUE SE P.O. BOX 73909 CEDAR RAPIDS, IA 52407-3909 |
VP/Chief Investment Officer |
/a/ Barrie W. Ernst | 05/06/2009 | |
**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) | This transaction reported pursuant to Rule 16a-2(a) under the Securities Exchange Act of 1934 ("'34 Act") requiring the reporting of any transaction occurring within six months of a director or officer becoming subject to the requirements of Section 16 of the '34 Act. Mr. Ernst became subject to Section 16 of the '34 Act on February 25, 2009. |
(2) | Approximately 119 shares disposed of by the trustee of the Company 401(k) account for Mr. Ernst's benefit, based on a statement of the trustee. |
(3) | The price per share represents the market price on the deemed execution date of the transaction as reported by the trustee of the Company 401(k) plan. |
(4) | The number of securities shown as being held in or acquired or disposed of by the Company 401(k) account for Mr. Ernst's benefit is the approximate number of shares of common stock for which Mr. Ernst has the right to direct the vote under the 401(k) plan. Such shares are not directly allocated to plan participants, but are instead held in a unitized fund consisting primarily of common stock, together with a small percentage of short-term investments. Participants acquire units of this fund. |
(5) | The number of securities beneficially held includes: 1,944 shares of restricted stock issued under the Company's 2008 Stock Plan, which vest, subject to certain conditions, on 05/21/2013; 216 shares held in the Company's Employee Stock Ownership Plan for Mr. Ernst's benefit; 171 shares held as custodian for Mr. Ernst's daughter; and approximately 4,412 shares held in a Company 401(k) account for Mr. Ernst's benefit, based on a statement of the plan trustee. |
(6) | The number of securities beneficially held includes: 1,944 shares of restricted stock issued under the Company's 2008 Stock Plan, which vest, subject to certain conditions, on 05/21/2013; 216 shares held in the Company's Employee Stock Ownership Plan for Mr. Ernst's benefit; and approximately 4,412 shares held in a Company 401(k) account for Mr. Ernst's benefit, based on a statement of the plan trustee. |
(7) | Approximately 2,048 shares disposed of by the trustee of the Company 401(k) account for Mr. Ernst's benefit, based on a statement of the trustee. |
(8) | The number of securities beneficially held includes: 1,944 shares of restricted stock issued under the Company's 2008 Stock Plan, which vest, subject to certain conditions, on 05/21/2013; 216 shares held in the Company's Employee Stock Ownership Plan for Mr. Ernst's benefit; and approximately 2,366 shares held in a Company 401(k) account for Mr. Ernst's benefit, based on a statement of the plan trustee. |
(9) | Approximately 365 shares acquired by the trustee of the Company 401(k) account for Mr. Ernst's benefit, based on a statement of the trustee. |
(10) | The number of securities beneficially held includes: 1,944 shares of restricted stock issued under the Company's 2008 Stock Plan, which vest, subject to certain conditions, on 05/21/2013; 216 shares held in the Company's Employee Stock Ownership Plan for Mr. Ernst's benefit; and approximately 2,749 shares held in a Company 401(k) account for Mr. Ernst's benefit, based on a statement of the plan trustee. |
(11) | The number of securities beneficially held includes: 1,944 shares of restricted stock issued under the Company's 2008 Stock Plan, which vest, subject to certain conditions, on 05/21/2013; 216 shares held in the Company's Employee Stock Ownership Plan for Mr. Ernst's benefit; approximately 2,749 shares held in a Company 401(k) account for Mr. Ernst's benefit, based on a statement of the plan trustee; and 500 shares held in an individual retirement account for the benefit of Mr. Ernst's spouse. |
(12) | The number of securities beneficially held includes: 1,944 shares of restricted stock issued under the Company's 2008 Stock Plan, which vest, subject to certain conditions, on 05/21/2013; 216 shares held in the Company's Employee Stock Ownership Plan for Mr. Ernst's benefit; approximately 2,749 shares held in a Company 401(k) account for Mr. Ernst's benefit, based on a statement of the plan trustee; 500 shares held in an individual retirement account for the benefit of Mr. Ernst's spouse; and 200 shares held as custodian for Mr. Ernst's daughter. |
(13) | Approximately 1,003 shares acquired by the trustee of the Company 401(k) account for Mr. Ernst's benefit, based on a statement of the trustee. |
(14) | The number of securities beneficially held includes: 1,944 shares of restricted stock issued under the Company's 2008 Stock Plan, which vest, subject to certain conditions, on 05/21/2013; 216 shares held in the Company's Employee Stock Ownership Plan for Mr. Ernst's benefit; approximately 3,778 shares held in a Company 401(k) account for Mr. Ernst's benefit, based on a statement of the plan trustee; 500 shares held in an individual retirement account for the benefit of Mr. Ernst's spouse; and 200 shares held as custodian for Mr. Ernst's daughter. |
(15) | Approximately 959 shares disposed of by the trustee of the Company 401(k) account for Mr. Ernst's benefit, based on a statement of the trustee. |
(16) | The number of securities beneficially held includes: 1,944 shares of restricted stock issued under the Company's 2008 Stock Plan, which vest, subject to certain conditions, on 05/21/2013; 216 shares held in the Company's Employee Stock Ownership Plan for Mr. Ernst's benefit; approximately 2,790 shares held in a Company 401(k) account for Mr. Ernst's benefit, based on a statement of the plan trustee; 500 shares held in an individual retirement account for the benefit of Mr. Ernst's spouse; and 200 shares held as custodian for Mr. Ernst's daughter. |
(17) | Approximately 29 shares acquired by the trustee of the Company 401(k) account for Mr. Ernst's benefit, based on a statement of the trustee. |
(18) | The number of securities beneficially held includes: 1,944 shares of restricted stock issued under the Company's 2008 Stock Plan, which vest, subject to certain conditions, on 05/21/2013; 216 shares held in the Company's Employee Stock Ownership Plan for Mr. Ernst's benefit; approximately 2,822 shares held in a Company 401(k) account for Mr. Ernst's benefit, based on a statement of the plan trustee; 500 shares held in an individual retirement account for the benefit of Mr. Ernst's spouse; and 200 shares held as custodian for Mr. Ernst's daughter. |
(19) | Approximately 34 shares acquired by the trustee of the Company 401(k) account for Mr. Ernst's benefit, based on a statement of the trustee. |
(20) | The number of securities beneficially held includes: 1,944 shares of restricted stock issued under the Company's 2008 Stock Plan, which vest, subject to certain conditions, on 05/21/2013; 216 shares held in the Company's Employee Stock Ownership Plan for Mr. Ernst's benefit; approximately 2,805 shares held in a Company 401(k) account for Mr. Ernst's benefit, based on a statement of the plan trustee; 500 shares held in an individual retirement account for the benefit of Mr. Ernst's spouse; and 200 shares held as custodian for Mr. Ernst's daughter. |
(21) | Approximately 33 shares acquired by the trustee of the Company 401(k) account for Mr. Ernst's benefit, based on a statement of the trustee. |
(22) | The number of securities beneficially held includes: 1,944 shares of restricted stock issued under the Company's 2008 Stock Plan, which vest, subject to certain conditions, on 05/21/2013; 216 shares held in the Company's Employee Stock Ownership Plan for Mr. Ernst's benefit; approximately 2,901 shares held in a Company 401(k) account for Mr. Ernst's benefit, based on a statement of the plan trustee; 500 shares held in an individual retirement account for the benefit of Mr. Ernst's spouse; and 200 shares held as custodian for Mr. Ernst's daughter. |
(23) | Approximately 918 shares acquired by the trustee of the Company 401(k) account for Mr. Ernst's benefit, based on a statement of the trustee. |
(24) | The number of securities beneficially held includes: 1,944 shares of restricted stock issued under the Company's 2008 Stock Plan, which vest, subject to certain conditions, on 05/21/2013; 216 shares held in the Company's Employee Stock Ownership Plan for Mr. Ernst's benefit; approximately 3,837 shares held in a Company 401(k) account for Mr. Ernst's benefit, based on a statement of the plan trustee; 500 shares held in an individual retirement account for the benefit of Mr. Ernst's spouse; and 200 shares held as custodian for Mr. Ernst's daughter. |
(25) | Approximately 44 shares acquired by the trustee of the Company 401(k) account for Mr. Ernst's benefit, based on a statement of the trustee. |
(26) | The number of securities beneficially held includes: 1,944 shares of restricted stock issued under the Company's 2008 Stock Plan, which vest, subject to certain conditions, on 05/21/2013; 216 shares held in the Company's Employee Stock Ownership Plan for Mr. Ernst's benefit; approximately 3,888 shares held in a Company 401(k) account for Mr. Ernst's benefit, based on a statement of the plan trustee dated 02/27/2009; 500 shares held in an individual retirement account for the benefit of Mr. Ernst's spouse; and 200 shares held as custodian for Mr. Ernst's daughter. |
Remarks: This amendment is filed to explain the unitized nature of the shares held for Mr. Ernst's benefit in the Company 401(k) account; to disclose the stock price of the transactions that reflect acquisitions and dispositions of unitized shares in the Company 401(k) account; to reflect six months of 401(k) account transactions as required by Rule 16a-2(a) under the Securities Exchange Act of 1934; to correct omisisons from the previous Form 4; to reflect the correct number of shares beneficially owned after each of the reported transactions; to correct the approximate number of shares acquired on February 26, 2009; and to reflect the cancellation of two sales initially reported to have occurred on December 19, 2008, which sales were cancelled on March 31, 2009, effective December 19, 2008. |