-----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, EaT7EovMG8jxF3ExQXaQSHRWAcLdJziSL8QF2z4/W3AKJdMnYxwmYSUz3FCURge5 CB0TMJdsaOsKjzuYaBbL3w== 0001209191-04-002218.txt : 20040108 0001209191-04-002218.hdr.sgml : 20040108 20040108173010 ACCESSION NUMBER: 0001209191-04-002218 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20040106 FILED AS OF DATE: 20040108 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: FIDELITY NATIONAL FINANCIAL INC /DE/ CENTRAL INDEX KEY: 0000809398 STANDARD INDUSTRIAL CLASSIFICATION: TITLE INSURANCE [6361] IRS NUMBER: 860498599 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 601 RIVERSIDE AVENUE STREET 2: , CITY: JACKSONVILLE STATE: FL ZIP: 32204 BUSINESS PHONE: 904-854-8100 MAIL ADDRESS: STREET 1: 601 RIVERSIDE AVENUE STREET 2: , CITY: JACKSONVILLE STATE: FL ZIP: 32204 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: FOLEY WILLIAM P II CENTRAL INDEX KEY: 0000903213 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-09396 FILM NUMBER: 04516181 BUSINESS ADDRESS: STREET 1: 4050 CALLE REAL STREET 2: SUITE 200 CITY: SANTA BARBARA STATE: CA ZIP: 93110 BUSINESS PHONE: 7146224326 MAIL ADDRESS: STREET 1: 4050 CALLE REAL STREET 2: SUITE 200 CITY: SANTA BARBARA STATE: CA ZIP: 93110 4 1 doc4.xml FORM 4 SUBMISSION X0201 42004-01-0600000809398FIDELITY NATIONAL FINANCIAL INC /DE/ FNF0000903213FOLEY WILLIAM P II601 RIVERSIDE AVENUEJACKSONVILLEFL322401100CEO Common Stock2004-01-084J023833.000038.5050A1755966.0000DOn February 22, 2001, Reporting Person entered into a prepaid variable forward sale agreement with an unaffiliated third party buyer (the "Buyer"), as amended (the "Agreement"). The Agreement related to the disposition of 226,875 shares (as adjusted for subsequent stock splits/dividends) of common stock, which was reported on a Form 4 in March 2001. In exchange for a cash payment of $3,930,000, Reporting Person agreed to deliver up to 226,875 shares of common stock to the Buyer on March 26, 2004 (or an earlier date if the Forward Sale Agreement was terminated early). The Agreement contained a formula for determining the exact number of shares to be delivered upon its termination. Alternatively, Reporting Person had the right to settle the Forward Sale Agreement in cash. (Continued in Footnote 2)In connection with the early termination and settlement of the Agreement on January 6, 2004, Reporting Person was obligated to deliver, and de livered, 203,042 shares of common stock valued at $38.505 per share to the Buyer. Reporting Person's obligation to deliver the remaining 23,833 shares expired as of this same date. These transactions are exempt from Section 16(b) pursuant to Rule 16b-6.William P. Foley II2004-01-08 -----END PRIVACY-ENHANCED MESSAGE-----