144 1 form144gregrush.txt FORM 144 GREG RUSH 5-11-09 OMB APPROVAL UNITED STATES OMB Number: 3235-0101 SECURITIES AND EXCHANGE COMMISSION Expires: December 31, 2009 Washington, D.C. 20549 Estimated average burden hours per response 2.0 FORM 144 SEC USE ONLY DOCUMENT SEQUENCE NO. NOTICE OF PROPOSED SALE OF SECURITIES PURSUANT TO RULE 144 UNDER THE SECURITIES ACT OF 1933 CUSIP NUMBER ATTENTION: Transmit for filing 3 copies of this form concurrently with either placing an order with a broker to execute sale or executing a sale directly with a market maker. 1(a) NAME OF ISSUER (Please type or print) (b) IRS IDENT. NO. (c) S.E.C. FILE NO. WORK LOCATION Tekelec 95-2746131 000-15135 1(d) ADDRESS OF ISSUER STREET CITY STATE ZIP CODE (e) TELEPHONE NUMBER AREA CODE NUMBER 5200 Paramount Parkway Morrisville NC 27560 919 460-5500 2(a) NAME OF PERSON FOR WHOSE ACCOUNT THE (b) RELATIONSHIP TO (c) ADDRESS STREET CITY STATE ZIP CODE SECURITIES ARE TO BE SOLD ISSUER Gregory S. Rush Officer c/o Tekelec, 5200 Paramount Parkway, Morrisville, NC 27560 INSTRUCTION: The person filing this notice should contact the issuer to obtain the I.R.S. Identification Number and the S.E.C. File Number. 3(a) (b) SEC USE ONLY (c) (d) (e) (f) (g) Title of the Number of Shares Aggregate Number of Shares Approximate Name of Each Class of Name and Address of Each Broker Through Whom the Broker-Dealer or Other Units Market or Other Units Date of Sale Securities Securities Securities are to be Offered or Each Market Maker File Number To Be Sold Value Outstanding (See instr. 3(f)) Exchange To Be Sold who is Acquiring the Securities (See instr. 3(c)) (See instr. 3(d)) (See instr. 3(e)) (MO. DAY YR.) (See instr. 3(g)) Common Stock E*Trade Financial 4005 Windward Plaza Drive Alpharetta, GA 30005 14,064 $230,227.68 (05/08/09) 66,563,770 05/11/09 NASDAQ INSTRUCTIONS: 1. (a) Name of issuer 3. (a) Title of the class of securities to be sold (b) Issuer's I.R.S. Identification Number (b) Name and address of each broker through whom the securities are intended to be sold (c) Issuer's S.E.C. file number, if any (c) Number of shares or other units to be sold (if debt securities, give the aggregate face amount) (d) Issuer's address, including zip code (d) Aggregate market value of the securities to be sold as of a specified date within 10 days prior to the filing of this notice (e) Issuer's telephone number, including area code (e) Number of shares or other units of the class outstanding, or if debt securities the face amount thereof outstanding, as shown by the most recent report or statement published by the issuer 2. (a) Name of person for whose account the securities are to be sold (f) Approximate date on which the securities are to be sold (b) Such person's relationship to the issuer (e.g., officer, director, 10% (g) Name of each securities exchange, if any, on which the securities a re intended to be sold stockholder, or member of immediate family of any of the foregoing) (c) Such person's address, including zip code TABLE I - SECURITIES TO BE SOLD Furnish the following information with respect to the acquisition of the securities to be sold and with respect to the payment of all or any part of the purchase price or other consideration therefor: Title of Date you Nature of Acquisition Transaction Name of Person from Whom Acquired Amount of Date of Nature of Payment the Class Acquired (if gift, also give date donor acquired) Securities Acquired Payment Common Stock 05/11/09 Exercised Stock Options (1) Issuer 14,064 05/11/09 (2) INSTRUCTIONS: If the securities were purchased and full payment therefor was not made in cash at the time of purchase, explain in the table or in a note thereto the nature of the consideration given. If the consideration consisted of any note or other obligation, or if payment was made in installments describe the arrangement and state when the note or other obligation was discharged in full or the last installment paid. TABLE II - SECURITIES SOLD DURING THE PAST 3 MONTHS Furnish the following information as to all securities of the issuer sold during the past 3 months by the person for whose account the securities are to be sold. Amount of Name and Address of Seller Title of Securities Sold Date of Sale Securities Sold Gross Proceeds Gregory S. Rush c/o Tekelec 5200 Paramount Parkway Morrisville, NC 27650 Common Stock 03/03/2009 1,533 $19,024.53 Gregory S. Rush c/o Tekelec 5200 Paramount Parkway Morrisville, NC 27650 Common Stock 03/04/2009 4,961 $60,722.64 REMARKS: (1) Shares acquired are registered under a Registration Statement on Form S-8. (2) Cashless exercise pursuant to which price of shares acquired was paid from sale of certain such shares. INSTRUCTIONS: ATTENTION: See the definition of "person" in paragraph (a) of Rule 144. Information is to be given not only as to the person for whose account the securities are to be sold but also as to all other persons included in that definition. In addition, information shall be given as to sales by all persons whose sales are required by paragraph (e) of Rule 144 to be aggregated with sales for the account of the person filing this notice. The person for whose account the securities to which this notice relates are to be sold hereby represents by signing this notice that he does not know any material adverse information in regard to the current and prospective operations of the Issuer of the securities to be sold which has not been publicly disclosed. If each person has adopted a written trading plan or given trading instructions to satisfy Rule 10b5-1 under the Exchange Act, by singing the form and indicating the date that the plan was adopted or the instruction given, that person makes such representation as of the plan adoption or instruction date. May 11, 2009 DATE OF NOTICE Gregory S. Rush (SIGNATURE) DATE OF PLAN ADOPTION OR GIVING OF INSTRUCTION, IF RELYING ON RULE 10B5-1 The notice shall be signed by the person for whose account the securities are to be sold. At least one copy of the notice shall be manually signed. Any copies not manually signed shall bear typed or printed signatures. ATTENTION: Intentional misstatements or omission of facts constitute Federal Criminal Violations (See 18 U.S.C. 1001) SM01DOCS\667695.1 SEC 1147 (08-07) Potential persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. SM01DOCS667695.1 SEC 1147 (04-07)