SEC Form 4
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*
HERRON WILLIAM E

(Last) (First) (Middle)
20253 WILDCAT RUN DRIVE

(Street)
ESTERO FL 33928

(City) (State) (Zip)
2. Issuer Name and Ticker or Trading Symbol
BANK JOS A CLOTHIERS INC /DE/ [ JOSB ]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
X Director 10% Owner
Officer (give title below) Other (specify below)
3. Date of Earliest Transaction (Month/Day/Year)
09/25/2012
4. If Amendment, Date of Original Filed (Month/Day/Year)
6. Individual or Joint/Group Filing (Check Applicable Line)
X Form filed by One Reporting Person
Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
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, $.01 par value 09/25/2012 S 2,500 (1) D $48.6133 (2) 8,690 D
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
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
Phantom Stock (3) (3) (3) Common Stock 6,000 6,000 D
Director Stock Option-Right to Buy $15.8453 04/05/2005 04/05/2015 Common Stock, $.01 par value 7,000 7,000 D
Explanation of Responses:
1. The number of shares reported in this cell was aggregated from multiple transactions.
2. The price reported in this cell is the weighted average sale price for the aggregated transactions reported on this line. The range of prices from such transactions is $48.52-$48.78, inclusive. The Reporting Person undertakes to provide upon request by the staff of the Securities and Exchange Commission, the Issuer or a security holder of the Issuer the full information regarding the number of shares sold at each separate price within the range reported in this footnote 2.
3. The Reporting Person holds 6,000 shares of phantom stock pursuant to the terms of the Issuer's Deferred Compensation Plan (the "Deferred Compensation Plan"). No price was received or paid by the Reporting Person in connection with such phantom stock. Each share of phantom stock is the economic equivalent of one share of the Issuer's Common Stock. Except as otherwise provided under the terms of the Deferred Compensation Plan, the shares of phantom stock will become payable in shares of the Issuer's Common Stock (or cash at the Issuer's election) upon the Reporting Person's separation from service as a director of the Issuer.
Remarks:
The sales reported herein were made pursuant to a 10b5-1 Trading Plan, dated June 6, 2012.
William E. Herron 09/27/2012
** 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).
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