-----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, DYO0kLhKoD/dbcVH/J9u+/lebisnF996DZTPCjwl6o5ttpunmneqLQucTPqk1B16 RaUeCopjIdOS5/16nP3fLg== 0001086844-04-000070.txt : 20040412 0001086844-04-000070.hdr.sgml : 20040412 20040412162025 ACCESSION NUMBER: 0001086844-04-000070 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040408 FILED AS OF DATE: 20040412 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: DOUGHERTY THOMAS M CENTRAL INDEX KEY: 0001186419 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-27455 FILM NUMBER: 04728769 MAIL ADDRESS: STREET 1: AIRGATE PCS INC STREET 2: 233 PEACHTREE ST NE STE. 1700 CITY: ATLANTA STATE: GA ZIP: 30303 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: AIRGATE PCS INC /DE/ CENTRAL INDEX KEY: 0001086844 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE COMMUNICATIONS (NO RADIO TELEPHONE) [4813] IRS NUMBER: 582422929 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 BUSINESS ADDRESS: STREET 1: 233 PEACHTREE ST NE STREET 2: SUITE 1700 CITY: ATLANTA STATE: GA ZIP: 30303 BUSINESS PHONE: 4045257272 MAIL ADDRESS: STREET 1: 233 PEACHTREE ST STREET 2: SUITE 1700 CITY: ATLANTA STATE: GA ZIP: 30303 4 1 dougherty4_ex.xml X0201 4 2004-04-08 0 0001086844 AIRGATE PCS INC /DE/ PCSA 0001186419 DOUGHERTY THOMAS M AIRGATE PCS INC 233 PEACHTREE ST NE STE. 1700 ATLANTA GA 30303 1 1 0 0 President and CEO Non-Qualified Employee Stock Options (right to buy) 15.93 2004-04-08 4 A 0 75000 0 A 2014-04-08 Common Stock 75000 75000 D Restricted Stock Units 2004-04-08 4 A 0 25000 0 A Common Stock 25000 25000 D These Non-Qualified Stock Options are granted pursuant to the terms of the AirGate PCS, Inc. Amended and Restated 2002 Long Term Incentive Plan (the "2002 LTIP"). These Non-Qualified Stock Options vest in the amount of 25% of the total grant on each anniversary of the grant date, commencing on April 8, 2005. These Restricted Stock Units are granted pursuant to the 2002 LTIP. 1 for 1. These Restricted Stock Units vest on April 8, 2007, subject to the achievement of certain performance objectives, as detailed in the 2002 LTIP. None. Mary Love Sullenberger, Attorney-in-Fact for Thomas M. Dougherty 2004-04-12 EX-24 3 pwr_atty.txt POWER OF ATTORNEY LIMITED POWER OF ATTORNEY FOR SECTION 16 REPORTING OBLIGATIONS Know all by these presents, that the undersigned hereby makes, constitutes and appoints Barbara L. Blackford and Mary Love Sullenberger, each acting individually, as the undersigned's true and lawful attorney-in-fact, with full power and authority as hereinafter described on behalf of and in the name, place and stead of the undersigned to: (1) prepare, execute, acknowledge, deliver and file Forms 3, 4, and 5 (including any amendments thereto) with respect to the securities of AirGate PCS, Inc., a Delaware corporation (the "Company"), with the United States Securities and Exchange Commission, any national securities exchanges and the Company, as considered necessary or advisable under Section 16(a) of the Securities Exchange Act of 1934 and the rules and regulations promulgated thereunder, as amended from time to time (the "Exchange Act"); (2) seek or obtain, as the undersigned's representative and on the undersigned's behalf, information on transactions in the Company's securities from any third party, including brokers, employee benefit plan administrators and trustees, and the undersigned hereby authorizes any such person to release any such information to the undersigned and approves and ratifies any such release of information; and (3) perform any and all other acts which in the discretion of such attorney-in-fact are necessary or desirable for and on behalf of the undersigned in connection with the foregoing. The undersigned acknowledges that: (1) this Limited Power of Attorney authorizes, but does not require, each attorney-in-fact to act in their discretion on information provided to the attorney-in-fact without independent verification of such information; (2) any documents prepared and/or executed by any attorney-in-fact on behalf of the undersigned pursuant to this Limited Power of Attorney will be in such form and will contain such information and disclosure as the attorney-in-fact, in his or her discretion, deems necessary or desirable; (3) neither the Company nor either of the attorneys-in-fact assumes (i) any liability for the undersigned's compliance or failure to comply with the requirements of the Exchange Act, or (ii) any obligation or liability of the undersigned for profit disgorgement under Section 16(b) of the Exchange Act; and (4) this Limited Power of Attorney does not relieve the undersigned from responsibility for compliance with the undersigned's obligations under the Exchange Act, including without limitation the reporting requirements under Section 16 of the Exchange Act. The undersigned hereby gives and grants each of the foregoing attorneys-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary or appropriate to be done in the exercise of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if present, hereby ratifying all that each such attorney-in-fact of, for and on behalf of the undersigned, shall lawfully do or cause to be done by virtue of this Limited Power of Attorney. This Limited Power of Attorney shall remain in full force and effect until revoked by the undersigned in a signed writing delivered to each attorney-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Limited Power of Attorney to be executed as of this 1st day of February, 2004. /s/ Thomas M. Dougherty ---------------------------- Signature Thomas M. Dougherty ---------------------------- Print Name -----END PRIVACY-ENHANCED MESSAGE-----