0001127602-13-020238.txt : 20130612 0001127602-13-020238.hdr.sgml : 20130612 20130612193406 ACCESSION NUMBER: 0001127602-13-020238 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20130610 FILED AS OF DATE: 20130612 DATE AS OF CHANGE: 20130612 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 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Goddard David Stephen Jr CENTRAL INDEX KEY: 0001449039 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-16393 FILM NUMBER: 13909899 MAIL ADDRESS: STREET 1: 2101 CITYWEST BLVD. CITY: HOUSTON STATE: TX ZIP: 77042 4 1 form4.xml PRIMARY DOCUMENT X0306 4 2013-06-10 0000835729 BMC SOFTWARE INC BMC 0001449039 Goddard David Stephen Jr 2101 CITYWEST BLVD. HOUSTON TX 77042 1 Senior VP, Business Operations Common Stock 2013-06-10 4 M 0 934 45.20 A 95559 D Common Stock 2013-06-10 4 F 0 392 45.20 D 95167 D Common Stock 2013-06-11 4 S 0 4825 45.15 D 90342 D Performance-based Market Stock Units 2013-06-10 4 D 0 3314 0 D Common Stock 3314 5182 D Performance-based Market Stock Units 2013-06-10 4 M 0 934 0 D Common Stock 934 4248 D Due to vesting of Performance-based Market Stock Unit ("MSU") awarded 6/6/2011, shares were withheld for payment of required tax withholding obligation pursuant to an exempt (under Rule 16b-3(e)) disposition to the Company. The sales reported in this Form 4 were effected pursuant to Rule 10b5-1 trading plan adopted by the reporting person on November 27, 2012. 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 David Stephen Goddard, Jr. 2013-06-12