0001072613-12-000582.txt : 20120831 0001072613-12-000582.hdr.sgml : 20120831 20120831152130 ACCESSION NUMBER: 0001072613-12-000582 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20120830 FILED AS OF DATE: 20120831 DATE AS OF CHANGE: 20120831 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Cox Christopher T CENTRAL INDEX KEY: 0001557341 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-19960 FILM NUMBER: 121068427 MAIL ADDRESS: STREET 1: CADWALADER, WICKERSHAM & TAFT LLP STREET 2: ONE WORLD FINANCIAL CENTER CITY: NEW YORK STATE: NY ZIP: 10281 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: 271 MILL ROAD STREET 2: QUORUM OFFICE PARK CITY: CHELMSFORD STATE: MA ZIP: 01824 BUSINESS PHONE: 978-441-2200 MAIL ADDRESS: STREET 1: 271 MILL ROAD STREET 2: QUORUM OFFICE PARK CITY: CHELMSFORD STATE: MA ZIP: 01824 4 1 cox4-083012_17393.xml MICHAEL A. MORRISON - FORM 4 X0306 4 2012-08-30 0 0000792130 DATAWATCH CORP DWCH 0001557341 Cox Christopher T C/O DATAWATCH CORPORATION 271 MILL ROAD, QUORUM OFFICE PARK CHELMSFORD MA 01824 1 0 0 0 Common Stock 2012-08-30 4 A 0 2500 0 A 2500 D Common Stock 692466 I See footnote The securities awarded on 8/30/2012 are in the form of restricted stock units (RSUs) issued pursuant to the Datawatch 2011 Equity Compensation and Incentive Plan. 833 RSUs will vest on 8/21/2013 and an additional 833 RSUs will vest at 8/21/2014, with the final 834 RSUs vesting on 8/21/2015. This vesting schedule is subject to acceleration in certain instances in connection with an acquisition or other change of control event. Consists of 689,966 shares held by WC Capital, LLC. Mr. Cox, as an investor in and Managing Member of WC Capital, LLC, shares the power to vote and dispose of all 689,966 shares held by WC Capital, LLC. /s/ Daniel F. Incropera as attorney-in-fact for Reporting Person 2012-08-31 EX-24 2 cox-poa_17393.txt EXHIBIT 24 ---------- POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints Michael A. Morrison, Daniel F. Incropera and William B. Asher, Jr. 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 30th day of August, 2012. /s/ Christopher T. Cox -------------------------- Signature Christopher T. Cox -------------------------- Print Name