-----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, DVyp6qL+ToVKc3Vh07hPb2gtZzgbDLxI/ZivilVn+3fWVQL6X8Og+i3dMgLe4Il0 nCxqWBq6CQGOq4DF3HBVuQ== 0001209191-10-008009.txt : 20100210 0001209191-10-008009.hdr.sgml : 20100210 20100210101959 ACCESSION NUMBER: 0001209191-10-008009 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20100208 FILED AS OF DATE: 20100210 DATE AS OF CHANGE: 20100210 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: WALL DELLA CENTRAL INDEX KEY: 0001286767 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-00303 FILM NUMBER: 10586452 MAIL ADDRESS: STREET 1: 1014 VINE STREET CITY: CINCINNATI STATE: OH ZIP: 45202 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: KROGER CO CENTRAL INDEX KEY: 0000056873 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-GROCERY STORES [5411] IRS NUMBER: 310345740 STATE OF INCORPORATION: OH FISCAL YEAR END: 0203 BUSINESS ADDRESS: STREET 1: 1014 VINE ST CITY: CINCINNATI STATE: OH ZIP: 45201 BUSINESS PHONE: 5137624000 4 1 doc4.xml FORM 4 SUBMISSION X0303 4 2010-02-08 0 0000056873 KROGER CO KR 0001286767 WALL DELLA 1014 VINE STREET CINCINNATI OH 45202 0 1 0 0 Group Vice President Common Stock 2010-02-08 4 M 0 4500 16.5938 A 56307.0231 D Common Stock 2010-02-08 4 S 0 4500 21.04 D 51807.0231 D Non-Qualified Performance Stock Option 16.5938 2010-02-08 4 M 0 4500 0.00 D 2010-02-11 Common Stock 4500 0 D The sale reported in this Form 4 was effected pursuant to a Rule 10b5-1 trading plan adopted by the reporting person on June 24, 2009. Between January 31, 2009 and January 30, 2010, the reporting person acquired 1,377.4068 shares of Kroger common stock in the Company's employee benefit plans that are deemed to be 'tax-conditioned plans' pursuant to Rule 16b-3,to the extent disclosed on reports received by plan trustees. The total amount of securities directly owned by the reporting person includes shares in the Company's employee benefit plans that are deemed to be 'tax-conditioned plans' pursuant to Rule 16b-3, to the extent disclosed on reports received from plan trustees. These options will vest during the first four years from the date of the grant only if the Company's stock price has achieved an 81% appreciation from the option price. Thereafter, the options vest only if the Company's stock price has achieved a minimum 16% appreciation per annum from the date of grant or 280% appreciation, whichever is less. The options vest nine years and six months after grant, if not sooner vested. /s/ Della Wall, by Bruce M. Gack, Attorney-in-Fact 2010-02-10 -----END PRIVACY-ENHANCED MESSAGE-----