-----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, GKdrMCfDUxpF6ieMLQrpKjgnth8pIHDLg6sC9BizavpKqJFWv+OYiW67957zoasR 3SpO9HmCJBFcnXmp2mJKGQ== 0001072613-05-000701.txt : 20050315 0001072613-05-000701.hdr.sgml : 20050315 20050315175841 ACCESSION NUMBER: 0001072613-05-000701 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050311 FILED AS OF DATE: 20050315 DATE AS OF CHANGE: 20050315 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: POTTER TERRY W CENTRAL INDEX KEY: 0001226521 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-19960 FILM NUMBER: 05682855 MAIL ADDRESS: STREET 1: C/O DATAWATCH CORP STREET 2: 175 CABOT STREET STE 503 CITY: LOWELL STATE: MA ZIP: 01854 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: DATAWATCH CORP CENTRAL INDEX KEY: 0000792130 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 020405716 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 BUSINESS ADDRESS: STREET 1: 175 CABOT STREET STREET 2: SUITE 503 CITY: LOWELL STATE: MA ZIP: 01854-3633 BUSINESS PHONE: 978-441-2200 4 1 pro_13350ex.xml X0202 4 2005-03-11 0 0000792130 DATAWATCH CORP DWCH 0001226521 POTTER TERRY W C/O DATAWATCH CORPORATION 175 CABOT STREET, SUITE 503 LOWELL MA 01854 1 0 0 0 Stock Option (Right to Buy) 4.55 2005-03-11 4 A 0 5000 0 A 2015-03-11 Common Stock 5000 5000 D Stock Options issued pursuant to the Datawatch Corporation 1996 Stock Plan. 416 will vest on 6/11/05 and an additional 416 shares will vest at the end of each three-month period thereafter for ten (10) such periods, with 424 vesting on 3/11/08. This vesting schedule is subject to acceleration in certain instances in connection with an acquisition or other change of control event. /s/ John J. Hulburt as Attorney-in-Fact for Terry Potter 2005-03-15 EX-99 2 exh-99_13350.txt POWER OF ATTORNEY - TERRY POTTER EXHIBIT 99 ---------- POWER OF ATTORNEY Know all by these present, that the undersigned hereby constitutes and appoints JOHN J. HULBURT, 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 Datawatch Corporation (the "Company"), Forms 3, 4, and 5 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, or 5 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 by, 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 and shall contain such terms and conditions 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, are 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. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, and 5 with respect to the undersigned's holdings of and transactions in securities 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 11th day of March, 2005. Terry Potter ------------------------ Signature /s/ Terry Potter ------------------------ Print Name -----END PRIVACY-ENHANCED MESSAGE-----