0001127602-12-017119.txt : 20120516 0001127602-12-017119.hdr.sgml : 20120516 20120516180958 ACCESSION NUMBER: 0001127602-12-017119 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20120514 FILED AS OF DATE: 20120516 DATE AS OF CHANGE: 20120516 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Miller William D CENTRAL INDEX KEY: 0001355294 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-16393 FILM NUMBER: 12849924 MAIL ADDRESS: STREET 1: 2101 CITY WEST BLVD CITY: HOUSTON STATE: TX ZIP: 77042 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 X0305 4 2012-05-14 0000835729 BMC SOFTWARE INC BMC 0001355294 Miller William D 2101 CITYWEST BLVD. HOUSTON TX 77042 1 Sr VP-Pres Mainframe Svc Mgmt Common Stock 2012-05-14 4 A 0 19111 0 A 110384 D Performance-based Market Stock Units 2012-05-14 4 A 0 17635 0 A Common Stock 17635 17635 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. 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 William D. Miller 2012-05-16