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
Cape Fear Bank CORP [ CAPE ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Date of Earliest Transaction
(Month/Day/Year) 06/05/2007 | ||||||||||||||||||||||||||
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 | 06/05/2007 | P | 245 | A | $10.45 | 117,320(6) | D(1)(2) | |||
Common Stock | 1,050(6) | D | ||||||||
Common Stock | 1,850(3)(6) | I | By 401 (k) | |||||||
Common Stock | 3,041(6) | I | By Trust for minor child |
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 | ||||||||
Employee Stock Option Grant (Right to Buy) | $7.01 | (4) | 06/17/2009 | Common Stock | 32,812 | 32,812(6) | D | ||||||||
Director Stock Option (Righ to Buy) | $7.01 | 06/17/1999 | 06/17/2009 | Common Stock | 11,484 | 11,484(6) | D | ||||||||
Director Stock Option Grant (Right to Buy) | $3.97 | 02/21/2002 | 02/21/2012 | Common Stock | 5,906 | 5,906(6) | D | ||||||||
Employee Stock Option Grant (Right to Buy) | $3.97 | 02/21/2003 | 02/21/2012 | Common Stock | 9,843 | 9,843(6) | D | ||||||||
Employee Stock Option Grant (Right to Buy) | $10.25 | (5) | 07/22/2015 | Common Stock | 36,093 | 36,093(6) | D | ||||||||
Director Stock Option Grant (Right to Buy) | $10.25 | 01/22/2006 | 07/22/2015 | Common Stock | 5,643 | 5,643(6) | D |
Explanation of Responses: |
1. Owned by the John Cameron Coburn Revocable Trust dated July 5, 2007. |
2. This report reflects the movement of 111,500 shares previously listed as direct into the John Cameron Coburn Revocable Trust Agreement Dated July 22, 2005. |
3. The information in this report is based on the plan statement as of December 31, 2006. |
4. This option vests 20% annually beginning on 6/17/2000. |
5. This option vests 25% annually beginning on 07/22/2006. |
6. As adjusted to reflect the effect of a 5% stock dividend which became effective June 30, 2006. As a result of the stock dividend, the reporting person received an aggregate of 5,625 and 223 additional shares which are included in the common stock shares reported as held directly and indirectly, respectively. At the same time, and in accordance with antidilution provisions of the Issuer's stock option plans, the reporting person's stock options became exercisable for 4,850 additional shares, and the exercise price was similarly adjusted. |
Remarks: |
The Issuer is the successor issuer under Rule 12g-3(a) to Cape Fear Bank pursuant to a statutory share exchange in which the Issuer became the Bank's parent holding company but which did not alter the proportionate interests of security holders. The Reporting Person's Section 16 reports previously were filed with the Federal Deposit Insurance Corporation. |
John Cameron Coburn, By: William R. Lathan, Jr., Attorney-in-Fact | 06/07/2007 | |
** 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. |