-36- parties involved in cost-sharing arrangements. Yet, the size of the spread is affected by a variety of factors, many of which are not within the control of the contracting parties. More specifically, the size of the spread is based on the exercise price and the stock price on the exercise date. It is indisputable that changes in stock prices are frequent and unpredictable, and that a wide variety of external factors may influence such prices. In fact, the entire market, or stock in individual companies, may move up or down based on market and industry trends and a myriad of factors including, but not limited to, inflation, interest and unemployment rates, consumer demand, energy prices, programmed trading, etc. As a result, petitioner’s stock price may move in response to such trends and be affected by these factors. For example, respondent concedes that he does not know whether the rises in petitioner’s stock price were attributable to increases in the market as a whole or the semiconductor industry in particular. Stock prices are also sometimes affected by investor trading based on erroneous information. In such cases, a temporary change in stock price may be based on transient misperceptions of value among investors. The spread is also significantly affected by an employee’s investment decision regarding when to exercise the option. Indeed, the timing of the ESO-holder’s decision to exercise thePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011