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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 | ||||||||
Forward Sale Contract (obligation to sell) | $ 0 (1) | 09/03/2010 | J(1) | 60,000 (2) (3) | 09/06/2011 | 09/06/2011 | Common Stock | 60,000 (2) (3) | $ 0 | 0 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
ABELE JOHN E C/O BOSTON SCIENTIFIC CORP ONE BOSTON SCIENTIFIC PLACE NATICK, MA 01760-1537 |
X |
/s/ Vance R. Brown, Attorney-in-fact | 09/08/2010 | |
**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) | On August 26, 2009, the reporting person entered into a Rule 105b-1 trading plan with an unaffiliated commercial bank to execute a series of variable prepaid forward sale contracts. On September 3, 2010, the reporting person settled a prepaid variable contract originally entered into on September 3, 2009 with an unaffiliated commercial bank. At the initiation of the contract, the bank paid $539,588.84 to the reporting person. |
(2) | Under the contract reported on this form, the reporting person was obligated to deliver to the bank up to 60,000 shares of the Issuer's common stock depending on market price at maturity on September 6, 2011. In addition, if the market price per share was equal to or greater than $13.4729 on the first anniversary of the contract date, the bank would be obligated to pay an additional amount, determined by the bank based on the stock price at the time, to the reporting person three business days after the first anniversary. If the market price per share on the first anniversary of the contract date was less than $13.4729 the contract would then be terminated and the reporting person would deliver shares to the bank pursuant to the early termination provision in the contract. |
(3) | Upon early termination, if the market price per share was equal to or less than $11.2274, the reporting person would deliver 60,000 shares to the bank and if the market price per share was greater than $11.2274 the reporting person would deliver a fewer number of shares. The closing market price per share on September 3, 2010 was $5.35. Accordingly, the reporting person transferred to the bank 60,000 shares of the Issuer's common stock. |
(4) | Common stock held by a limited liability company of which reporting person holds 100% membership interest. |
(5) | Common stock held by the reporting person's wife. The reporting person disclaims beneficial ownership of these shares. |
(6) | Common stock held by trust for the benefit of the reporting person's child of which the reporting person is a trustee. The reporting person disclaims beneficial ownership of these shares. |