0001127602-13-010717.txt : 20130314 0001127602-13-010717.hdr.sgml : 20130314 20130314085932 ACCESSION NUMBER: 0001127602-13-010717 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20130304 FILED AS OF DATE: 20130314 DATE AS OF CHANGE: 20130314 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: TOMSICEK MICHAEL JOHN CENTRAL INDEX KEY: 0001570392 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 000-21379 FILM NUMBER: 13689205 MAIL ADDRESS: STREET 1: 28 OVERLOOK DRIVE CITY: BEDFORD STATE: MA ZIP: 01730 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: CUBIST PHARMACEUTICALS INC CENTRAL INDEX KEY: 0000912183 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 223192085 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 65 HAYDEN AVENUE CITY: LEXINGTON STATE: MA ZIP: 02421 BUSINESS PHONE: 781-860-8660 MAIL ADDRESS: STREET 1: 65 HAYDEN AVENUE CITY: LEXINGTON STATE: MA ZIP: 02421 3 1 form3.xml PRIMARY DOCUMENT X0206 3 2013-03-04 0 0000912183 CUBIST PHARMACEUTICALS INC CBST 0001570392 TOMSICEK MICHAEL JOHN 65 HAYDEN AVENUE LEXINGTON MA 02421 1 SVP & Chief Financial Officer Common Stock 191 D Common Stock 681 I 401(k) Plan Performance Restricted Stock Units 2016-02-15 Common Stock 3004 D Restricted Stock Units 2012-05-13 Common Stock 6000 D Restricted Stock Units 2013-02-16 Common Stock 3333 D Restricted Stock Units 2013-08-15 Common Stock 5000 D Restricted Stock Units 2014-02-15 Common Stock 3004 D Stock Options (Right to Buy) 23.50 2010-12-15 2020-09-15 Common Stock 20000 D Stock Options (Right to Buy) 34.795 2011-08-13 2021-05-13 Common Stock 18000 D Stock Options (Right to Buy) 42.09 2012-05-16 2022-02-16 Common Stock 10000 D Stock Options (Right to Buy) 43.81 2012-11-15 2022-08-15 Common Stock 15000 D Stock Options (Right to Buy) 41.60 2013-05-15 2023-02-15 Common Stock 18404 D Shares are earned based on the achievement of certain performance conditions, which are set forth in the applicable performance unit agreement. Any earned shares are delivered to the reporting person on the third anniversary of the grant date. Each restricted stock unit represents a contingent right to receive one share of Cubist common stock for no consideration. The restricted stock units vest 25% annually over a four-year period, with the first 25% vesting one year after the grant date. The restricted stock units do not expire. Option vests 6.25% quarterly over a four-year period. /s/ Joseph L. Farmer - Attorney in fact 2013-03-14 EX-24 2 doc1.htm POWER OF ATTORNEY Michael J. Tomsicek POA

EXHIBIT 24

Cubist Pharmaceuticals Inc

Power of Attorney
for Executing Forms 3, 4 and 5

Know all men by these presents, that the undersigned, director or officer, or both, of Cubist Pharmaceuticals Inc, hereby constitutes and appoints each of Michael W. Bonney and Joseph L. Farmer, signing singly, 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 Cubist Pharmaceuticals 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) 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 holdings of and transactions in securities of Cubist Pharmaceuticals Inc unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact.
IN WITNESS WHEREOF, the undersigned has executed this Power of Attorney as of this 20th day of February, 2013
/s/ Michael J. Tomsicek
Michael J. Tomsicek