Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers" -->
Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of
Certain Officers; Compensatory Arrangements of Certain Officers.
The stockholders of Symantec Corporation (the Company) approved the amendment and
restatement of the Companys 2004 Equity Incentive Plan (the EIP) and the adoption of the
Companys 2008 Employee Stock Purchase Plan (the New ESPP) at the Annual Meeting of Stockholders
of the Company held on September 22, 2008 (the Annual Meeting). The Board of Directors of the
Company approved the EIP amendments and New ESPP on April 29, 2008, subject to stockholder approval
at the Annual Meeting. Accordingly, the EIP amendments and New ESPP became effective upon
stockholder approval at the Annual Meeting. The Companys named executive officers may participate
in each of these plans. Descriptions of the material EIP amendments and New ESPP follow.
As a result of stockholder approval of the amendment and restatement of the EIP at the Annual
Meeting, the EIP was amended to reserve an additional 50,000,000 shares of the Companys common
stock for issuance thereunder.
As a result of stockholder approval of the New ESPP at the Annual Meeting, the New ESPP became
effective and a total of 20,000,000 shares of common stock became reserved for issuance thereunder,
with the first purchase period thereunder commencing on February 16, 2009. The New ESPP replaces
the 1998 Employee Stock Purchase Plan, as amended, which terminates pursuant to its terms on
January 1, 2009 subject to completion of the final purchase period under the 1998 Employee Stock
Purchase Plan on February 15, 2009. Subject to certain limitations, the Companys employees may
elect to have 2% to 10% of their compensation withheld through payroll deductions to purchase
shares of common stock under the New ESPP. These participants have the right to purchase shares of
common stock at a price per share equal to 85% of the fair market value on the purchase date at the
end of each six-month purchase period. The maximum number of shares of common stock that a
participant may purchase on each purchase date is 10,000 shares, and no participant may accrue the
right to purchase shares of common stock at an annual rate of more than $25,000, valued at the time
each purchase right is granted.
The foregoing descriptions of the EIP and New ESPP are qualified in their entirety by
reference to the EIP or New ESPP, as the case may be, copies of which are filed as Exhibit 10.1 and
Exhibit 10.2 to this report.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
| Exhibit Number | Exhibit Title or Description | |
10.1
|
Symantec Corporation 2004 Equity Incentive Plan, as amended | |
10.2
|
Symantec Corporation 2008 Employee Stock Purchase Plan |
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly
caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| Symantec Corporation |
||||
| Date: September 24, 2008 | By: | /s/ Scott Taylor | ||
| Scott Taylor | ||||
| Executive Vice President, General Counsel and Secretary | ||||
EXHIBIT INDEX
| Exhibit Number | Exhibit Title or Description | |
10.1
|
Symantec Corporation 2004 Equity Incentive Plan, as amended | |
10.2
|
Symantec Corporation 2008 Employee Stock Purchase Plan |