rrd43989_49656.html

-----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, UEPsOsp8PZJouy40X6MAK6nfR1MzM2yVxLpFDpkxlPUbUVb650eNB5i8+f7ppKqd 2n/o15RO8cXdgu00FNuizg== 0001181431-04-044524.txt : 20040921 0001181431-04-044524.hdr.sgml : 20040921 20040921200137 ACCESSION NUMBER: 0001181431-04-044524 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040917 FILED AS OF DATE: 20040921 DATE AS OF CHANGE: 20040921 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: HAILEY MARY K CENTRAL INDEX KEY: 0001210220 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-49804 FILM NUMBER: 041040145 BUSINESS ADDRESS: BUSINESS PHONE: 408.548.6500 MAIL ADDRESS: STREET 1: 1221CROSSMAN AVENUE CITY: SUNNYVALE STATE: CA ZIP: 94089 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: KYPHON INC CENTRAL INDEX KEY: 0001123313 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 770366069 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1221 CROSSMAN AVENUE CITY: SUNNYVALE STATE: CA ZIP: 94089 BUSINESS PHONE: 4085486500 MAIL ADDRESS: STREET 1: 1221 CROSSMAN AVENUE CITY: SUNNYVALE STATE: CA ZIP: 94089 4 1 rrd52995.xml 10B5-1 EXERCISE AND SALE ON 09/17/04 AND 9/21/04 X0202 4 2004-09-17 0 0001123313 KYPHON INC KYPH 0001210220 HAILEY MARY K KYPHON INC. 1221 CROSSMAN AVENUE SUNNYVALE CA 94089 0 1 0 0 Vice President, Reimbursement Common Stock 2004-09-17 4 M 0 5000 1.00 A 5000 D Common Stock 2004-09-17 4 S 0 5000 24.3620 D 0 D Common Stock 2004-09-21 4 M 0 3000 1.00 D 3000 D Common Stock 2004-09-21 4 S 0 3000 25.00 D 0 D Employee Stock Option (Right to Buy) 1.00 2004-09-17 4 M 0 5000 0 D 2001-05-01 2010-05-31 Common Stock 5000 151000 D Employee Stock Option (Right to Buy) 1.00 2004-09-21 4 M 0 3000 0 D 2001-05-01 2010-05-31 Common Stock 3000 148000 D Sale made pursuant to a 10b5-1 trading plan. This option vests according to the following schedule: 1/4 upon the date exerciseable and 1/36 of the remainder per month thereafter. Includes 11,000 shares exerciseable at $1.00 per share, granted on 5/31/00; 40,000 shares exerciseable at $1.00 per share, granted 10/31/00; 10,000 shares exerciseable at $1.00 per share, granted 2/28/01; 15,000 shares exerciseable at $3.00 per share, granted 2/28/02; 25,000 shares exerciseable at $15.40 per share, granted on 7/21/03; and 50,000 shares exerciseable at $24.26 per share, granted 6/14/04. Includes 8,000 shares exerciseable at $1.00 per share, granted on 5/31/00; 40,000 shares exerciseable at $1.00 per share, granted 10/31/00; 10,000 shares exerciseable at $1.00 per share, granted 2/28/01; 15,000 shares exerciseable at $3.00 per share, granted 2/28/02; 25,000 shares exerciseable at $15.40 per share, granted on 7/21/03; and 50,000 shares exerciseable at $24.26 per share, granted 6/14/04 David M. Shaw, Attorney-in-Fact 2004-09-21 EX-24. 2 rrd43989_49656.htm LIMITED POWER OF ATTORNEY SECURITIES LAW COMPLIANCE rrd43989_49656.html

Limited Power of Attorney   Securities Law Compliance


The undersigned, as an officer or director of KYPHON INC. (the "Company"), hereby
constitutes and appoints Arthur T. Taylor, David Shaw and Stephen M. Welles as the undersigned's true and
lawful attorney in fact and agent to complete and execute such Forms 144, Forms 3, 4
and 5 and other forms as such attorney shall in his discretion determine to be required or
advisable pursuant to Rule 144 promulgated under the Securities Act of 1933 (as
amended), Section 16 of the Securities Exchange Act of 1934 (as amended) and the rules
and regulations promulgated thereunder, or any successor laws and regulations, as a
consequence of the undersigned's ownership, acquisition or disposition of securities of
the Company, and to do all acts necessary in order to file such forms with the Securities
and Exchange Commission, any securities exchange or national association, the
Company and such other person or agency as the attorney shall deem appropriate,
including but not limited to obtaining EDGAR codes.  The undersigned hereby ratifies
and confirms all that said attorney in fact and agent shall do or cause to be done by virtue
hereof.

This Limited Power of Attorney is executed at New Richmond, VA,  as of the date set
forth below.

/s/ Mary K. Hailey
Signature
Mary K. Hailey
Type or Print Name
Dated:  September 20, 2004


Witness:

/s/ Jon Hailey
Signature
Jon Hailey
Type or Print Name

Dated:  September 20, 2004

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