-----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, M9E1UXGmjjlfqRJH9oG3Ffd5U7VARVlSWfQafrlVS5CPSiLCEVWz1Y4PvodlasLm 5WpFYtbpPU76KRZu4bhkeQ== 0001222402-06-000015.txt : 20060404 0001222402-06-000015.hdr.sgml : 20060404 20060404164954 ACCESSION NUMBER: 0001222402-06-000015 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060401 FILED AS OF DATE: 20060404 DATE AS OF CHANGE: 20060404 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: BMC SOFTWARE INC CENTRAL INDEX KEY: 0000835729 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 742126120 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 BUSINESS ADDRESS: STREET 1: 2101 CITYWEST BLVD CITY: HOUSTON STATE: TX ZIP: 77042-2827 BUSINESS PHONE: 7139188800 MAIL ADDRESS: STREET 1: 2101 CITYWEST BLVD CITY: HOUSTON STATE: TX ZIP: 77042-2827 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Grant James Wendell JR CENTRAL INDEX KEY: 0001355715 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-16393 FILM NUMBER: 06738812 BUSINESS ADDRESS: BUSINESS PHONE: 713-918-8800 MAIL ADDRESS: STREET 1: 2101 CITY WEST BLVD CITY: HOUSTON STATE: TX ZIP: 77042 3 1 gra266.xml X0202 3 2006-04-01 0 0000835729 BMC SOFTWARE INC BMC 0001355715 Grant James Wendell JR 2101 CITYWEST BLVD. HOUSTON TX 770422827 0 1 0 0 VP, Gen Mgr Common Stock 1720.7741 D Employee Stock Option (right to buy) 18.175 2013-03-17 Common Stock 40000 D Employee Stock Option (right to buy) 15.475 2014-07-29 Common Stock 42000 D Employee Stock Option (right to buy) 19.930 2015-08-04 Common Stock 40000 D Stock option grant under BMC Software, Inc. 1994 Employee Incentive Plan. The option becomes exercisable annually over four years in increments of 25% following the date of grant. The option becomes exercisable in 6.25% quarterly installments over a four year period following the date of grant. The option becomes exercisable in 6.25% quarterly installments over a four year period following the date of grant. By: Christopher C. Chaffin, Attorney-in-Fact 2006-04-04 EX-24 2 poa-grant.txt POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints Denise M. Clolery, Chris C. Chaffin and Patrick Tagtow, and each of them, acting singly, as 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 an officer and/or director of BMC Software, Inc. (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) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer and/or director of BMC Software, Inc. (the "Company"), Form 144 in accordance with Rule 144 under the Securities Act of 1933 and the rules thereunder; (3) 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, 5 and 144 timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (4) 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 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 attorney-in-fact, in serving in such capacity at the request of the undersigned, is 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 or Form 144 in accordance with Rule 144 under the Securities Act of 1933. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, 5 and 144 with respect to the undersigned's holdings of and transactions 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 this 4th day of April, 2006. s/ James W. Grant -------------------- Signature ````` -----END PRIVACY-ENHANCED MESSAGE-----