Bed, Bath and Beyond 2009 Annual Report Download - page 65

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BED BATH & BEYOND PROXY STATEMENT
63
(4)฀฀ ฀The฀shares฀shown฀as฀being฀owned฀by฀Mr.฀Eisenberg฀include:฀(a)฀1,751,325฀shares฀owned฀by฀Mr.฀Eisenberg฀individually;฀(b)฀1,382,446฀
shares฀issuable฀pursuant฀to฀stock฀options฀granted฀to฀Mr.฀Eisenberg฀that฀are฀or฀become฀exercisable฀within฀60฀days;฀(c)฀500,000฀shares฀
owned฀by฀a฀foundation฀of฀which฀Mr.฀Eisenberg฀and฀his฀family฀members฀are฀trustees฀and฀ofcers;฀(d)฀896,250฀shares฀owned฀by฀
trusts฀for฀the฀benet฀of฀Mr.฀Eisenberg฀and฀his฀family฀members;฀(e)฀738,598฀shares฀owned฀by฀his฀spouse;฀and฀(f)฀166,761฀shares฀of฀
restricted stock. Mr. Eisenberg has sole voting power with respect to the shares held by him individually and in trust for his benefit
but disclaims beneficial ownership of any of the shares not owned by him individually and 448,125 shares in trust for the benefit of
his family members.
(5)฀฀ ฀The฀shares฀shown฀as฀being฀owned฀by฀Mr.฀Feinstein฀include:฀(a)฀881,309฀shares฀owned฀by฀Mr.฀Feinstein฀individually;฀(b)฀1,382,446฀
shares฀issuable฀pursuant฀to฀stock฀options฀granted฀to฀Mr.฀Feinstein฀that฀are฀or฀become฀exercisable฀within฀60฀days;฀(c)฀350,000฀shares฀
owned฀by฀a฀foundation฀of฀which฀Mr.฀Feinstein฀and฀his฀family฀members฀are฀trustees฀and฀ofcers;฀(d)฀896,250฀shares฀owned฀by฀trusts฀
for฀the฀benet฀of฀Mr.฀Feinstein฀and฀his฀family฀members;฀(e)฀238,598฀shares฀owned฀by฀his฀spouse;฀and฀(f)฀166,761฀shares฀of฀restricted฀
stock. Mr. Feinstein has sole voting power with respect to the shares held by him individually and in trust for his benefit but disclaims
beneficial ownership of any of the shares not owned by him individually and 448,125 shares in trust for the benefit of his family
members.
(6)฀฀ ฀The฀shares฀shown฀as฀being฀owned฀by฀Mr.฀Temares฀include:฀(a)฀128,375฀shares฀owned฀by฀Mr.฀Temares฀individually;฀(b)฀1,988,936฀shares฀
issuable฀pursuant฀to฀stock฀options฀granted฀to฀Mr.฀Temares฀that฀are฀or฀become฀exercisable฀within฀60฀days;฀(c)฀5,000฀shares฀owned฀by฀
a฀family฀limited฀partnership;฀and฀(d)฀229,443฀shares฀of฀restricted฀stock.฀Mr.฀Temares฀has฀sole฀voting฀power฀with฀respect฀to฀the฀shares฀
held by him individually but disclaims beneficial ownership of the shares owned by the family limited partnership, except to the
extent of his pecuniary interest therein.
(7)฀฀ ฀The฀shares฀shown฀as฀being฀owned฀by฀Mr.฀Stark฀include:฀(a)฀4,515฀shares฀owned฀by฀Mr.฀Stark฀individually;฀(b)฀210,000฀shares฀issuable฀
pursuant฀to฀stock฀options฀that฀are฀or฀become฀exercisable฀within฀60฀days;฀and฀(c)฀108,128฀shares฀of฀restricted฀stock.
(8)฀฀ ฀The฀shares฀shown฀as฀being฀owned฀by฀Mr.฀Castagna฀include:฀(a)฀10,073฀shares฀owned฀by฀Mr.฀Castagna฀individually;฀(b)฀210,000฀shares฀
issuable฀pursuant฀to฀stock฀options฀that฀are฀or฀become฀exercisable฀within฀60฀days;฀and฀(c)฀83,280฀shares฀of฀restricted฀stock.
SECTION 16(A) BENEFICIAL OWNERSHIP REPORTING COMPLIANCE
The members of our Board of Directors, our executive officers and persons who hold more than 10% of our outstanding com-
mon stock are subject to the reporting requirements of Section 16(a) of the Exchange Act, which requires them to file reports
with respect to their ownership of our common stock and their transactions in such common stock. Based solely upon a review of
the copies of Section 16(a) reports that we have received from such persons or entities for transactions in our common stock and
their common stock holdings for fiscal 2009, we believe that all reporting requirements under Section 16(a) for such fiscal year
were met in a timely manner by our directors and executive officers, except that Patrick R. Gaston had a single Form 4 report filed
eight days late.