0001127602-11-018889.txt : 20110608 0001127602-11-018889.hdr.sgml : 20110607 20110608175617 ACCESSION NUMBER: 0001127602-11-018889 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20110606 FILED AS OF DATE: 20110608 DATE AS OF CHANGE: 20110608 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: SOLCHER STEPHEN B CENTRAL INDEX KEY: 0001007549 STATE OF INCORPORATION: TX FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-16393 FILM NUMBER: 11901767 MAIL ADDRESS: STREET 1: 2101 CITYWEST BLVD CITY: HOUSTON STATE: TX ZIP: 77042-2827 FORMER NAME: FORMER CONFORMED NAME: SOLCHER STEVEN B DATE OF NAME CHANGE: 19960212 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: BMC SOFTWARE INC CENTRAL INDEX KEY: 0000835729 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 742126120 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 BUSINESS ADDRESS: STREET 1: 2101 CITYWEST BLVD CITY: HOUSTON STATE: TX ZIP: 77042-2827 BUSINESS PHONE: 7139188800 MAIL ADDRESS: STREET 1: 2101 CITYWEST BLVD CITY: HOUSTON STATE: TX ZIP: 77042-2827 4 1 form4.xml PRIMARY DOCUMENT X0303 4 2011-06-06 0000835729 BMC SOFTWARE INC BMC 0001007549 SOLCHER STEPHEN B 2101 CITYWEST BLVD. HOUSTON TX 77042 1 Sr VP, CFO Common Stock 2011-06-06 4 A 0 17097 0 A 134893 D Common Stock 2011-06-06 4 F 0 3828 53.24 D 131065 D Performance-based Market Stock Units 2011-06-06 4 A 0 15468 0 A Common Stock 15468 15468 D Award of time-based restricted stock units under BMC Software, Inc. 2007 Employee Incentive Plan. The time-based restricted stock units shall vest based on continuous employment, 1/3 per year over three years. Due to vesting of restricted stock awarded on 6/06/2008, shares were withheld for payment of required tax withholding obligation pursuant to an exempt, under Rule 16b3(e), disposition to the Company. Each performance-based market stock unit (MSU) represents the right to receive, following vesting, up to 150% of one share of BMC common stock. The actual number of shares of BMC common stock acquired upon vesting of the performance-based MSUs can range from 0% to 150% of the number of MSUs awarded and is contingent upon the achievement of pre-established performance metrics, as approved by BMC's Compensation Committee. One half of the performance-based MSUs are subject to vesting two years after the award date, and one half are subject to vesting three years after the award date. Unless earlier forfeited under the terms of the performance-based MSU award agreement, each performance-based MSU converts into up to 150% of one share of BMC common stock based upon performance vesting. One half of the performance-based MSUs will vest based upon performance over a two year period ending two years after the award date, and one half of the performance-based MSUs will vest based upon performance over a three year period ending three years after the award date. Christopher C. Chaffin, Attorney-in-fact for Stephen Boyd Solcher 2011-06-08