8-KMaterial Agreements

Apple Inc. 8-K Report, Material Agreement (Aug 15, 2005)

Filed August 15, 2005For Securities:AAPL

Summary

This Form 8-K filing by Apple Computer, Inc. (AAPL) on August 15, 2005, details a new policy approved by the Compensation Committee of the Board of Directors allowing executive officers to satisfy tax withholding obligations arising from the vesting of restricted stock and restricted stock units (RSUs) by electing to have Apple withhold a portion of the vested shares. This election is permissible under the company's 2003 Employee Stock Plan and would cover the minimum amount required by tax laws. The first opportunity for this election to be utilized is expected during the second quarter of fiscal year 2006. This policy aims to provide executives with a convenient method for managing their tax liabilities associated with equity compensation, while the withheld shares will be canceled and not reissued. Investors should note that this primarily impacts executive compensation and tax management rather than a significant change in the company's overall financial strategy or share structure.

Key Highlights

  • 1Apple's Compensation Committee approved a policy allowing executives to use vested shares to cover tax withholding obligations.
  • 2This policy applies to restricted stock and restricted stock units (RSUs).
  • 3Executives can elect to have Apple withhold shares equivalent to the minimum tax amount due.
  • 4The election is permitted under the 2003 Employee Stock Plan.
  • 5The earliest potential use of this policy is in Q2 fiscal year 2006.
  • 6Shares withheld under this election will be canceled and not reissued.
  • 7The filing was signed by CFO Peter Oppenheimer.

Frequently Asked Questions

The primary purpose of this 8-K filing is to disclose a new policy approved by Apple's Compensation Committee that allows executive officers to satisfy tax withholding obligations on vested restricted stock and RSUs by using a portion of those vested shares.

This policy specifically affects Apple's executive officers who receive restricted stock or restricted stock units as part of their compensation. It provides them with an alternative method for managing the tax implications upon vesting.

No, this policy does not involve the issuance of new shares. Instead, it allows for a portion of the already vested shares to be withheld by the company to cover taxes. These withheld shares will be canceled and not made available for re-issuance.

The earliest date that this election can be exercised by executives is expected to be during the second quarter of Apple's fiscal year 2006.