0001213900-21-041056.txt : 20210809
0001213900-21-041056.hdr.sgml : 20210809
20210809160547
ACCESSION NUMBER: 0001213900-21-041056
CONFORMED SUBMISSION TYPE: 4
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20210805
FILED AS OF DATE: 20210809
DATE AS OF CHANGE: 20210809
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: MEHRING PETER A
CENTRAL INDEX KEY: 0001227362
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-40701
FILM NUMBER: 211156452
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: Ecoark Holdings, Inc.
CENTRAL INDEX KEY: 0001437491
STANDARD INDUSTRIAL CLASSIFICATION: CRUDE PETROLEUM & NATURAL GAS [1311]
IRS NUMBER: 000000000
STATE OF INCORPORATION: NV
FISCAL YEAR END: 0331
BUSINESS ADDRESS:
STREET 1: 303 PEARL PARKWAY SUITE 200
CITY: SAN ANTONIO
STATE: TX
ZIP: 78215
BUSINESS PHONE: (800) 762-7293
MAIL ADDRESS:
STREET 1: 303 PEARL PARKWAY SUITE 200
CITY: SAN ANTONIO
STATE: TX
ZIP: 78215
FORMER COMPANY:
FORMER CONFORMED NAME: Magnolia Solar Corp
DATE OF NAME CHANGE: 20100107
FORMER COMPANY:
FORMER CONFORMED NAME: Mobilis Relocation Services Inc.
DATE OF NAME CHANGE: 20080612
4
1
ownership.xml
X0306
4
2021-08-05
0
0001437491
Ecoark Holdings, Inc.
ZEST
0001227362
MEHRING PETER A
303 PEARL PARKWAY SUITE 200
SAN ANTONIO
TX
78215
1
1
0
0
President
Common Stock
2021-08-05
4
A
0
272252
A
291503
D
Stock Options (Right to Buy)
13
2021-08-05
4
D
0
672499
A
2027-10-13
Common Stock
672499
672499
D
Represents restricted stock units ("RSUs") granted to the Reporting Person in exchange for cancellation of 672,499 stock options. The RSUs were granted under the Ecoark Holdings, Inc. 2017 Omnibus Incentive Plan (the "2017 Plan"). Each RSU represents a contingent right to receive one share of the Issuer's common stock. The grant was approved by the Compensation Committee as required by Rule 16b-3 under the Securities Exchange Act of 1934 (the "Exchange Act") and was therefore exempt from Section 16(b) of the Exchange Act. The RSUs will vest in 12 equal quarterly increments with the first vesting date being November 4, 2021, and all RSUs will immediately vest upon (i) the Reporting Person ceasing to be an employee, advisor, director or consultant for the Issuer, or (ii) upon a "change of control" of the Issuer or its wholly-owned subsidiary, Zest Labs, Inc., as defined under the 2017 Plan.
Additionally, the Issuer agreed to grant the Reporting Person 63,998 RSUs upon the approval by the shareholders of the Issuer of an increase in the number of shares of common stock authorized for issuance under the 2017 Plan.
On August 5, 2021, the Issuer canceled 672,499 stock options granted to the Reporting Person on October 13, 2017. In exchange for the cancelled options, the Reporting Person received 272,252 RSUs. The cancellation was approved by the Compensation Committee as required by Rule 16b-3 under the Exchange Act and was therefore exempt from Section 16(b) of the Exchange Act.
Of the cancelled stock options (i) 403,500 stock options provided for vesting in four equal annual increments with the first such increment vesting on October 13, 2018, and (ii) 50,000 options were immediately vested as of the grant date.
/s/ Peter A Mehring
2021-08-09