-----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, Ee0tLx2dT7SPGuSuOK5tphOVBbLXNFe8ByTg+VHRlKX4ykU9b7b1rVgHpiLMQ0Fs 80gfzIBV+NKbPZ2W1elxEQ== 0001246360-08-001209.txt : 20080402 0001246360-08-001209.hdr.sgml : 20080402 20080402181814 ACCESSION NUMBER: 0001246360-08-001209 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080331 FILED AS OF DATE: 20080402 DATE AS OF CHANGE: 20080402 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: BERRY PETROLEUM CO CENTRAL INDEX KEY: 0000778438 STANDARD INDUSTRIAL CLASSIFICATION: CRUDE PETROLEUM & NATURAL GAS [1311] IRS NUMBER: 770079387 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 5201 TRUXTUN AVENUE, STREET 2: SUITE 300 CITY: BAKERSFIELD STATE: CA ZIP: 93309-0640 BUSINESS PHONE: 661 616-3900 MAIL ADDRESS: STREET 1: BERRY PETROLEUM CO STREET 2: 5201 TRUXTUN AVENUE, SUITE 300 CITY: BAKERSFIELD STATE: CA ZIP: 93309-0640 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: DUGINSKI MICHAEL CENTRAL INDEX KEY: 0001175107 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-09735 FILM NUMBER: 08735099 BUSINESS ADDRESS: BUSINESS PHONE: 6616163900 MAIL ADDRESS: STREET 1: C/O BERRY PETROLEUM CO STREET 2: 5201 TRUXTUN AVE STE 300 CITY: BAKERSFIELD STATE: CA ZIP: 93309 4 1 form.xml PRIMARY DOCUMENT X0202 4 2008-03-31 false 0000778438 BERRY PETROLEUM CO BRY 0001175107 DUGINSKI MICHAEL C/O BERRY PETROLEUM COMPANY 5201 TRUXTUN BAKERSFIELD CA 93309 false true false false Chief Oper. Officer & Exec. VP Class A Common Stock 13122 D Class A Common Stock 2008-03-31 5 J false 7 0 D 7841 I Held in 401(k) Plan Nonstatutory Stock Option 2-1-02 7.445 2003-02-01 2012-02-01 Class A Common Stock 20000 20000 D Nonstatutory Stock Option 12-6-02 8.25 2003-12-06 2012-12-06 Class A Common Stock 30000 30000 D Nonstatutory Stock Option 12-05-03 9.97 2004-12-05 2013-12-05 Class A Common Stock 60000 60000 D Nonstatutory Stock Option 11-23-04 21.58 2005-11-23 2014-11-23 Class A Common Stock 70000 70000 D Nonstatutory Stock Option 12-15-05 30.645 2006-12-15 2015-12-15 Class A Common Stock 50000 50000 D 2005 Restricted Stock Units 0 Class A Common Stock 5000 5000 D Nonstatutory Stock Option 12-15-06 32.565 2007-12-15 2016-12-14 Class A Common Stock 56000 56000 D 2006 Restricted Stock Units 0 Class A Common Stock 7500 7500 D 2007 Restricted Stock Unit 0 2017-12-13 Class A Common Stock 12039 12039 D NSO 2007 43.61 2008-12-14 2017-12-13 Class A Common Stock 36133 36133 D 1 for 1 Each RSU represents a contingent right to receive one share of Berry Petroleum Company Class A Common Stock The restricted stock units vests in four equal annual installments beginning December 15, 2006. Shares of Class A Common Stock will be delivered to the reporting person at the time of vesting. The restricted stock units vests in four equal annual installments beginning December 15, 2006. Shares of Class A Common Stock will be delivered to the reporting person at the time of vesting. 1 for 1 Each RSU represents a contingent right to receive one share of Berry Petroleum Company Class A Common Stock The restricted stock units vests in four equal annual installments beginning December 15, 2007. Shares of Class A Common Stock will be delivered to the reporting person at the time of vesting. The restricted stock units vests in four equal annual installments beginning December 15, 2007. Shares of Class A Common Stock will be delivered to the reporting person at the time of vesting. 1 for 1 Each RSU represents a contingent right to receive one share of Berry Petroleum Company Class A Common Stock The RSU granted vest 25% per year beginning one year after grant but the receipt of shares are subject to a deferral period which is generally at least four years from grant date as per the deferral election. The RSU is subject to a deferral election. Shares of Class A Common Stock will be delivered to the reporting person as per the terms of the deferral election. Changes in the number of shares of Common Stock held in the individuals 401(k) account due to required maintenance of cash position. All transactions were at market and non-discretionary. Kenneth A Olson under POA for Michael Duginski 2008-04-02 EX-24 2 poaduginski123107.txt POWER OF ATTORNEY Known all by these present, that the undersigned hereby constitutes and appointsthe Corporate Secretary or any Assistant Corporate Secretary, as duly appointed by the Board of Directors from time to time for Berry Petroleum Company, as the undersigned's true and lawful attorney-in-fact to: 1. execute for and on behalf of the undersigned, in the undersigned's capacity as an officer and/or director of Berry Petroleum Company (the "Company"), Form 3, 4, 5, and Form 144 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder; 2. do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4, 5, and Form 144 and timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and 3. take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required of, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form as such attorney-in-fact may approve in such attorney-in-fact's discretion. The undersigned hereby grants to such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorney- in-fact, in serving in such capacity at the request of the undersigned, is not assuming, nor is the Company assuming, any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934 and further acknowledges that the undersigned remains solely responsible for the facts disclosed in any such form. This Power of Attorney shall remain in full force and effect until the expiration date noted below or until the undersigned is no longer required to file Forms 3, 4 and 5 with respect to the undersigned's holdings of securities issued or interest in securities to be issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorney-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 14 day of December 2007. /s/ Michael Duginski Signature 01/15/2010 Michael Duginski Expiration Date Print Name -----END PRIVACY-ENHANCED MESSAGE-----