-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, REGYePkAKsqrH5Prm3MUCuMsZuFvxgL675DJjbugZC2e+9qnpdh8YHzt7o9IXJPs 5rppMxN6utfrjetiWSN7Pw== 0001209191-09-059144.txt : 20091231 0001209191-09-059144.hdr.sgml : 20091231 20091231113702 ACCESSION NUMBER: 0001209191-09-059144 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20091230 FILED AS OF DATE: 20091231 DATE AS OF CHANGE: 20091231 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Harbach F Edwin CENTRAL INDEX KEY: 0001386144 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-31451 FILM NUMBER: 091267848 MAIL ADDRESS: STREET 1: 1676 INTERNATIONAL DRIVE CITY: MCLEAN STATE: VA ZIP: 22102 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: BEARINGPOINT INC CENTRAL INDEX KEY: 0001113247 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-MANAGEMENT CONSULTING SERVICES [8742] IRS NUMBER: 223680505 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1676 INTERNATIONAL DR CITY: MCLEAN STATE: VA ZIP: 22102 BUSINESS PHONE: 7037473000 MAIL ADDRESS: STREET 1: 1676 INTERNATIONAL DRIVE CITY: MCLEAN STATE: VA ZIP: 22102 FORMER COMPANY: FORMER CONFORMED NAME: KPMG CONSULTING INC DATE OF NAME CHANGE: 20000501 4 1 c94171_4x0.xml MAIN DOCUMENT DESCRIPTION X0303 4 2009-12-30 1 0001113247 BEARINGPOINT INC BGPTQ 0001386144 Harbach F Edwin 100 CRESCENT COURT SUITE 700 DALLAS TX 75201 1 0 0 0 Common Stock 2009-12-30 2009-12-30 4 J 0 3332 0 D 0 D Restricted Stock Units 0 2009-12-30 2009-12-30 4 J 0 13325 0 D 2009-12-30 Common Stock 13325 0 D Employee Stock Options (Right to Buy) 2.76 2009-12-30 2009-12-30 4 J 0 24652 0 D 2009-12-30 Common Stock 24652 0 D Restricted Stock Units 0 2009-12-30 2009-12-30 4 J 0 3986 0 D 2009-12-30 Common Stock 3986 0 D BearingPoint, Inc.'s Modified Second Amended Joint Plan Under Chapter 11 of the Bankruptcy Code, dated December 17, 2009 (the "Plan"), as confirmed by the Bankrutpcy Court for the Southern District of New York on December 22, 2009, became effective on December 30, 2009 (the "Effective Date"). The Plan provides that all equity interests of BearingPoint, Inc. (including all outstanding shares of Common Stock, options, warrants or contractual or other rights to acquire any equity interests) are cancelled and extinguished effective as of the Effective Date and that the holders of such equity interests are not entitled to, and shall not receive or retain, any property or interest in property in respect of such equity interests. As such, on December 30, 2009, the equity interests reflected on this Form 4 were cancelled and extinguished for no consideration. 166,560 shares of common stock prior to the 50:1 reverse stock split of BearingPoint's common stock effective on December 10, 2008. 666,244 shares of common stock prior to the 50:1 reverse stock split of BearingPoint's common stock effective on December 10, 2008. As previously reported, on January 8, 2007, F. Edwin Harbach was granted an award of 888,325 restricted stock units ("RSUs"), which grant was approved by the Compensation Committee of the Board of Directors of BearingPoint, Inc. The award vests as follows: 222,081 RSUs vested on each of January 8, 2008 and 2009 and an additional 222,081 will vest on January 8 in 2010 and 222,082 RSUs were scheduled to vest on January 8, 2011. As previously reported, on March 4, 2008, 222,081 shares of the Company's common stock were issued to Mr. Harbach in settlement of his vested RSUs, of which 55,521 shares of common stock were withheld by the Company (as approved by the Compensation Committee) to satisfy Mr. Harbach's tax withholding obligations. 1,232,600 shares of common stock prior to the 50:1 reverse stock split of BearingPoint's common stock effective on December 10, 2008. The Compensation Committee of the Board of Directors of BearingPoint, Inc. approved a stock option grant to Mr. Harbach as of January 2, 2008, to purchase up to 1,232,600 shares of BearingPoint common stock. The option vests in four equal installments on January 2 in each of 2009, 2010, 2011 and 2012. 199,275 shares of common stock prior to the 50:1 reverse stock split of BearingPoint's common stock effective on December 10, 2008. The Compensation Committee of the Board of Directors of the Company approved a grant of 199,275 RSUs to Mr. Harbach as of January 2, 2008, which vest on each anniversary of the grant date as follows: 49,818 RSUs vest on January 2, 2009, and 49,819 RSUs vest on January 2 in each of 2010, 2011 and 2012. /s/ F. Edwin Harbach 2009-12-31 -----END PRIVACY-ENHANCED MESSAGE-----