- 3 - option grants as collateral to secure a nonrecourse loan to exercise her stock options through CIBC Oppenheimer (CIBC), a brokerage firm affiliated with Allegiance. CIBC was an investor and market maker in Allegiance stock. CIBC provided Mrs. Racine with a loan based solely on the collateral value of the exercised shares for 100 percent of the exercise price plus withholding taxes to exercise her employee stock options. The nonrecourse loan secured by Mrs. Racine imposed conditions including margin debt requirements, loan collateral requirements, and margin call requirements. Pursuant to the loan security agreement, the stock was required to be held by the lender until the debt was paid in full. If the stock declined below a specified loan-to-value ratio and additional funds were not provided, the collateral could be liquidated by the lender. In 2000, Mrs. Racine used margin debt from CIBC to exercise her stock options on three separate occasions. Mrs. Racine’s purchases, including the exercise prices and the amount of withholding taxes for each purchase funded through the margin debt, are as follows: Purchase Shares Exercise Tax Market value date purchased price withholding of shares Mar. 9, 2000 20,210 $45,579.66 $584,496.16 $1,695,113.75 Apr. 12, 2000 2,524 6,616.39 53,524.27 151,124.50 Aug. 7, 2000 2,523 6,614.75 45,536.28 126,465.38Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011