Filing Details

Accession Number:
0001179110-13-010701
Form Type:
4
Zero Holdings:
No
Publication Time:
2013-06-20 20:28:23
Reporting Period:
2013-06-18
Filing Date:
2013-06-20
Accepted Time:
2013-06-20 20:28:23
SEC Url:
Form 4 Filing
Issuer
Cik Name Symbol Sector (SIC) IRS No
1211351 New York & Company Inc. NWY Retail-Women's Clothing Stores (5621) 331031445
Insiders
Cik Name Reported Address Insider Title Director Officer Large Shareholder Other
1238220 J Gregory Scott 450 West 33Rd Street
5Th Floor
New York NY 10001
Chief Executive Officer Yes Yes No No
Reported Non-Derivative Transactions
Sec. Name Acquisiton - Disposition Date Amount Price Remaning Holdings Equity Swap Involved Form Type Code Nature of Ownership Explanation
Common Stock Acquisiton 2013-06-18 50,000 $3.80 350,000 No 4 M Direct
Common Stock Disposition 2013-06-18 31,667 $6.00 318,333 No 4 D Direct
Common Stock Disposition 2013-06-18 7,557 $6.00 310,776 No 4 F Direct
Common Stock Disposition 2013-06-18 10,776 $6.00 300,000 No 4 S Direct
Equity Swap Involved Form Type Code Nature of Ownership Explanation
No 4 M Direct
No 4 D Direct
No 4 F Direct
No 4 S Direct
Reported Derivative Transactions
Sec. Name Sec. Type Acquisiton - Disposition Date Amount Price Amount - 2 Price - 2
Common Stock Stock Appreciation Rights Disposition 2013-06-18 50,000 $0.00 50,000 $3.80
Remaning Holdings Exercise Date Expiration Date Equity Swap Involved Transaction Form Type Transaction Code Nature of Ownership
700,000 2020-06-01 No 4 M Direct
Footnotes
  1. Represents shares of common stock received upon exercise of stock appreciation rights ("SARs") pursuant to the reporting person's 10b5-1 plan, which commenced on May 27, 2013 under Rule 10b5-1 under the Securities Exchange Act of 1934, as amended.
  2. Represents disposition of shares to the Company deemed to occur upon the exercise of the SARs.
  3. Represents a transaction involving a disposition to the Company of equity securities to satisfy tax withholding obligations upon exercise of SARs.
  4. Includes 100,000 shares of restricted stock which vest on April 16, 2015 and 200,000 shares of performance-based restricted stock which vest on the third anniversary of the grant date, subject to the Company achieving minimum, target and maximum operating income levels. The minimum and maximum thresholds for the performance based restricted stock are 80% and 110%, respectively, of the operating income target. If operating income falls below the minimum threshold, all of the restricted shares will be forfeited. If the operating income achieved is between the minimum threshold and the target, the reporting person will receive between 20,000 and 100,000 shares of common stock. If the operating income achieved is between the target and maximum threshold, the reporting person will receive between 100,000 and 200,000 shares of common stock.
  5. The SARs vest in four equal annual installments on the following dates: 187,500 SARs on June 1, 2011; 187,500 SARs on June 1, 2012; 187,500 on June 1, 2013; and 187,500 on June 1, 2014. Each SAR represents the right to receive a payment measured by the increase in the fair market value of one share of common stock from the date of grant of the SAR to the date of exercise of the SAR. Upon exercise the SARs will be settled in stock.