-----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, IJngYPl8LEgLsJNhHfdP6WmW3FHn2K7suMMXMGC6VLbPDdAPOL1r0LYa77UaZK2u OfoI37LjDTWS8zt/KQQKvQ== 0001179110-09-014796.txt : 20091027 0001179110-09-014796.hdr.sgml : 20091027 20091027203853 ACCESSION NUMBER: 0001179110-09-014796 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20091023 FILED AS OF DATE: 20091027 DATE AS OF CHANGE: 20091027 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: James Joshua G CENTRAL INDEX KEY: 0001366770 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 000-15175 FILM NUMBER: 091140278 MAIL ADDRESS: STREET 1: 550 E TIMPANOGOS CIRCLE CITY: OREM STATE: UT ZIP: 84057 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ADOBE SYSTEMS INC CENTRAL INDEX KEY: 0000796343 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 770019522 STATE OF INCORPORATION: DE FISCAL YEAR END: 1130 BUSINESS ADDRESS: STREET 1: 345 PARK AVE CITY: SAN JOSE STATE: CA ZIP: 95110-2704 BUSINESS PHONE: 4085366000 MAIL ADDRESS: STREET 1: 345 PARK AVENUE CITY: SAN JOSE STATE: CA ZIP: 95110-2704 3 1 edgar.xml FORM 3 - X0203 3 2009-10-23 0 0000796343 ADOBE SYSTEMS INC ADBE 0001366770 James Joshua G 345 PARK AVENUE SAN JOSE CA 95110 0 1 0 0 SVP & GM Omniture BU None 0 D Incentive Stock Option (right to buy) 12.33 2016-03-28 Common Stock 121668 D Non-Qualified Stock Option (right to buy) 18.38 2019-02-26 Common Stock 70471 D Non-Qualified Stock Option (right to buy) 21.02 2016-06-14 Common Stock 280986 D Non-Qualified Stock Option (right to buy) 21.02 2016-06-14 Common Stock 103157 D Restricted Stock Unit 0.00 Common Stock 3441 D Restricted Stock Unit 0.00 Common Stock 8808 D Received in connection with the merger (the "Merger") of Omniture, Inc. ("Omniture") with and into Snowbird Acquisition Corporation, a wholly owned subsidiary of Adobe Systems Incorporated ("Adobe") in exchange for a stock option to acquire 200,000 shares of Omniture common stock for $7.50 per share, at an exchange ratio of 0.60834135. The 10,456 unvested shares of Adobe common stock subject to the Option will vest fully on the twelve (12) month anniversary of the effective date of the Merger. Received in connection with the Merger in exchange for a stock option to acquire 114,000 shares of Omniture common stock for $11.36 per share, at an exchange ratio of 0.618171363. The 17,617 unvested shares of Adobe common stock subject to the Option will vest fully on the twelve (12) month anniversary of the effective date of the Merger. Received in connection with the Merger in exchange for a stock option to acquire 454,545 shares of Omniture common stock for $12.99 per share, at an exchange ratio of 0.618171363. The 65,043 unvested shares of Adobe common stock subject to the Option will vest fully on the twelve (12) month anniversary of the effective date of the Merger. Received in connection with the Merger in exchange for a stock option to acquire 166,875 shares of Omniture common stock for $12.99 per share, at an exchange ratio of 0.618171363. The 24,070 unvested shares of Adobe common stock subject to the Option will vest fully on the twelve (12) month anniversary of the effective date of the Merger. Received in connection with the Merger in exchange for a restricted stock unit to receive 5,567 shares of Omniture common stock, at an exchange ratio of 0.618171363. Restricted Stock Units will vest on the twelve (12) month anniversary of the effective date of the Merger. Received in connection with the Merger in exchange for a restricted stock unit to receive 14,250 shares of Omniture common stock, at an exchange ratio of 0.618171363. Restricted Stock Units will vest on the twelve (12) month anniversary of the effective date of the Merger. /s/ Stuart Fagin, as attorney-in-fact 2009-10-27 EX-24 2 ex24james.txt POWER OF ATTORNEY Know all men by these presents, that the undersigned hereby constitutes and appoints each of Stuart Fagin, Cheryl K. House, Sean Armijo and Arlene Rennie, signing individually, the undersigned's true and lawful attorney-in-fact to: (1) execute for and on behalf of the undersigned, in the undersigned's capacity as a Section 16 officer of Adobe Systems Incorporated ( the "Company"), Forms 3, 4 and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder; (2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 or 5 and timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (3) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in- fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this Power of Attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4 and 5 with respect to the undersigned's holding of and transaction in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of October 20, 2009. /s/ Joshua G. James Joshua G. James -----END PRIVACY-ENHANCED MESSAGE-----