-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, AAQc2HdvzLOOMj4yYlrmvn+zY/geJu9JgXoGyoGQNgJF7cMcJU/FjgOBsuLAHWsR MjYuTiL2uQCSb+RIoJxixw== 0001181431-10-004908.txt : 20100127 0001181431-10-004908.hdr.sgml : 20100127 20100127145713 ACCESSION NUMBER: 0001181431-10-004908 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20100126 FILED AS OF DATE: 20100127 DATE AS OF CHANGE: 20100127 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: GAUDREAU DANIEL A CENTRAL INDEX KEY: 0001192377 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-24607 FILM NUMBER: 10550297 MAIL ADDRESS: STREET 1: ACTUATE CORP STREET 2: 701 GATEWAY BLVD CITY: SOUTH SAN FRANCISCO STATE: CA ZIP: 94080 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ACTUATE CORP CENTRAL INDEX KEY: 0001062478 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 943193197 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 2207 BRIDGEPOINTE PARKWAY STREET 2: SUITE 500 CITY: SAN MATEO STATE: CA ZIP: 94404 BUSINESS PHONE: 650.645.3000 MAIL ADDRESS: STREET 1: 2207 BRIDGEPOINTE PARKWAY STREET 2: SUITE 500 CITY: SAN MATEO STATE: CA ZIP: 94404 FORMER COMPANY: FORMER CONFORMED NAME: ACTUATE SOFTWARE CORP DATE OF NAME CHANGE: 19980527 4 1 rrd264053.xml DG GRANT X0303 4 2010-01-26 0 0001062478 ACTUATE CORP ACTU 0001192377 GAUDREAU DANIEL A 2207 BRIDGEPOINTE PARKWAY, SUITE 500 SAN MATEO CA 94404 0 1 0 0 SVP, Operations and CFO Common Stock 2010-01-26 4 A 0 50000 0 A 56468 D Option (right to buy) 4.80 2010-01-26 4 A 0 100000 0 A 2011-01-26 2020-01-26 Common Stock 100000 1435078 D Represents shares of the Issuer's common stock underlying restricted stock units ("RSUs") awarded to the Reporting Person. The RSUs will vest in a series of four successive equal annual installments, with the first installment to vest on February 26, 2011 and the remaining installments to vest on the second, third and fourth anniversaries of the January 26, 2010 award date, provided the Reporting Person remains in the Issuer's service through each such date, subject to accelerated vesting upon the Reporting Person's termination of employment under certain prescribed circumstances within 12 months following certain changes in ownership or control of the Issuer or during the period commencing with the Issuer's execution of a definitive agreement to effect a change in control and ending on the earlier to occur of (i) the closing of the change in control transaction or (ii) the termination of such definitive agreement. Unless the Reporting Person elects to defer the issuance of the shares until the Reporting Person's separation from service from the Issuer, the shares of the Issuer's common stock will be issued as the RSUs vest. Includes 6,468 shares of the Issuer's common stock underlying the RSU award reported on this Form 4. Option becomes exercisable as to 1/4 of the option shares after one year from the vesting commencement date and for the balance in a series of equal monthly installments over the following 36 months. /s/ Daniel Gaudreau 2010-01-27 -----END PRIVACY-ENHANCED MESSAGE-----