-----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, KHL6pL0t6Yy/DHmk9dBMLZ/+YBHansQmJq72e/qf/o74kEnUK2tVz5j6AX9aURJt h1HBmbxy8xT2TQg7HX3zvg== 0001237503-09-000010.txt : 20090706 0001237503-09-000010.hdr.sgml : 20090703 20090706183223 ACCESSION NUMBER: 0001237503-09-000010 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090702 FILED AS OF DATE: 20090706 DATE AS OF CHANGE: 20090706 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ZIMMER GEORGE CENTRAL INDEX KEY: 0001033168 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-25232 FILM NUMBER: 09932047 MAIL ADDRESS: STREET 1: C/O THE MEN'S WEARHOUSE INC STREET 2: 40650 ENCYCLOPEDIA CIRCLE CITY: FREMONT STATE: CA ZIP: 94538 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: APOLLO GROUP INC CENTRAL INDEX KEY: 0000929887 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-EDUCATIONAL SERVICES [8200] IRS NUMBER: 860419443 STATE OF INCORPORATION: AZ FISCAL YEAR END: 0831 BUSINESS ADDRESS: STREET 1: 4615 EAST ELWOOD ST CITY: PHOENIX STATE: AZ ZIP: 85040 BUSINESS PHONE: 6029665394 MAIL ADDRESS: STREET 1: 4615 E ELWOOD STREET CITY: PHOENIX STATE: AZ ZIP: 85040 4 1 edgardoc.xml PRIMARY DOCUMENT X0303 4 2009-07-02 0 0000929887 APOLLO GROUP INC APOL 0001033168 ZIMMER GEORGE 4025 S. RIVERPOINT PKWY. PHOENIX AZ 85040 1 0 0 0 Class A Common Stock 2009-07-02 4 A 0 2062 0 A 10077 D Non-Qualified Stock Option (right to buy) 67.9 2009-07-02 4 A 0 6000 0 A 2019-07-02 Class A Common Stock 6000 6000 D Represents shares of the Issuer's Class A common stock underlying restricted stock units ("RSUs") awarded to the Reporting Person. The RSUs will vest in full upon the Reporting Person's continuation in Board service with the Issuer through August 31, 2010, subject to accelerated vesting of the entire award upon certain changes in ownership or control of the Issuer. The shares of Class A common stock will be issued when the RSUs vest. The RSUs also include dividend equivalent rights which will entitle the Reporting Person to the same dividends as would be received were the shares of Class A common stock underlying the RSUs actually outstanding shares. Includes (i) 2,062 shares of the Issuer's Class A common stock subject to the reported RSU award, and (ii) 2,015 shares of the Issuer's Class A common stock subject to RSUs granted October 31, 2008 that will be issued when those units vest upon the Reporting Person's continuation in Board service with the Issuer through August 31, 2009. All of the RSUs are subject to accelerated vesting upon certain changes in ownership or control of the Issuer. The option will vest and become exercisable for the underlying shares of Class A common stock in full upon the Reporting Person's continuation in Board service with the Issuer through August 31, 2010, subject to accelerated vesting upon certain changes in ownership or control of the Issuer. By: Brian L. Swartz For: George Zimmer 2009-07-06 EX-24 2 poa_zimmer.txt EDGAR SUPPORTING DOCUMENT POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints the following executive officers of Apollo Group, Inc. (the "Company"): Joseph L. D'Amico, Brian L. Swartz, and P. Robert Moya, and each of them, his or her true and lawful attorney-in-fact to: (1) execute for and on behalf of the undersigned, in the undersigned's capacity as an executive officer of the Company and/or a member of the Company's Board of Directors, any and all Form 4, Form 5 and other reports required to be filed by the undersigned in accordance with Section 16a 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 4, Form 5 or other required report and timely file such report 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 his discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform each and every act and thing whatsoever requisite, necessary, and 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 his or her 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 no such attorney in fact, in serving in such capacity at the request of the undersigned, is hereby assuming, nor is the Company hereby 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 Form 4, Form 5 or other reports 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 attorneys in fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 28th day of April, 2009. /s/ George Zimmer Signature -----END PRIVACY-ENHANCED MESSAGE-----