FORM 4 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). |
1. Name and Address of Reporting Person*
(Street)
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2. Issuer Name and Ticker or Trading Symbol
ADVANCE AUTO PARTS INC [ AAP ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Date of Earliest Transaction
(Month/Day/Year) 12/01/2010 | ||||||||||||||||||||||||||
4. If Amendment, Date of Original Filed
(Month/Day/Year) |
6. Individual or Joint/Group Filing (Check Applicable Line)
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Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | ||||||||||
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1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
Code | V | Amount | (A) or (D) | Price | ||||||
Common Stock | 12/01/2010 | F | 1,029(1) | D | $66.15 | 214,564 | D | |||
Common Stock | 12/01/2010 | M | 7,500 | A | $24.55 | 222,064 | D | |||
Common Stock | 12/01/2010 | S | 7,500(2) | D | $65.95 | 214,564 | D | |||
Common Stock | 12/01/2010 | M | 113,190 | A | $25.81 | 327,754 | D | |||
Common Stock | 12/01/2010 | F | 73,793(3) | D | $66.15 | 253,961 | D |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||||||||||
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1. Title of Derivative Security (Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) | 6. Date Exercisable and Expiration Date (Month/Day/Year) | 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) | 8. Price of Derivative Security (Instr. 5) | 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
Stock Option (right to buy) | $24.55 | 12/01/2010 | M | 7,500 | (4) | 07/20/2011 | Common Stock | 7,500 | $0 | 0 | D | ||||
Stock Appreciation Right | $25.81 | 12/01/2010 | M | 113,190 | (5) | 11/17/2015 | Common Stock | 113,190 | $0 | 56,595 | D |
Explanation of Responses: |
1. Represents shares withheld to satisfy a tax withholding obligation upon the vesting of restricted stock. |
2. The reported transaction reflects the exercise of stock options scheduled to expire in 2011 and the sale of the resulting shares and was completed in accordance with the reporting person's personal tax planning strategies. Following this transaction, Mr. Jackson retains a substantial ownership position in both beneficially owned stock and vested SARs, and his ownership currently fulfills and continues to exceed the Company's stock ownership guidelines for the CEO. |
3. The reported transaction reflects the exercise of SARs and satisfaction of the reporting person's tax withholding obligations in the form of shares resulting from the exercise. |
4. These shares became exercisable in three equal annual installments beginning on July 20, 2005. |
5. These shares became exercisable in three equal annual installments beginning on November 17, 2009. |
Remarks: |
/s/ Rachel E. Geiersbach, as Attorney-in-Fact for Darren R. Jackson | 12/02/2010 | |
** Signature of Reporting Person | Date | |
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v). | ||
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). | ||
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |