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1 Activision Blizzard, Inc.

15.       Capital transactions

 

Repurchase Program

 

On November 5, 2008, we announced that our Board of Directors authorized a stock repurchase program under which we may repurchase up to $1 billion of our common stock. Under this program, we may repurchase our common stock from time to time on the open market or in private transactions, including structured or accelerated transactions. We will determine the timing and amount of repurchases based on our evaluation of market conditions and other factors. The repurchase program may be suspended or discontinued by the Company at any time.

 

On July 31, 2009, our Board of Directors authorized an increase of $250 million to the stock repurchase program bringing the total authorization to $1.25 billion.

 

Since inception, we have repurchased 89 million shares of our common stock for $960 million under the repurchase program. At September 30, 2009, we had $290 million available for utilization under the repurchase program.

2 ADOBE SYSTEMS INC
NOTE 11. STOCKHOLDERS’ EQUITY
Stock Repurchase Program I
     To facilitate our stock repurchase program, designed to return value to our stockholders and minimize dilution from stock issuances, we repurchase shares in the open market and also enter into structured repurchases with third-parties.
     During the nine months ended August 28, 2009 and August 29, 2008, we entered into several structured repurchase agreements with large financial institutions, whereupon we provided the financial institutions with prepayments of $350.0 million and $325.0 million, respectively. We entered into these agreements in order to take advantage of repurchasing shares at a guaranteed discount to the Volume Weighted Average Price (“VWAP”) of our common stock over a specified period of time. We only enter into such transactions when the discount that we receive is higher than the foregone return on our cash prepayments to the financial institutions. There were no explicit commissions or fees on these structured repurchases. Under the terms of the agreements, there is no requirement for the financial institutions to return any portion of the prepayment to us.
     The financial institutions agree to deliver shares to us at monthly intervals during the contract term. The parameters used to calculate the number of shares deliverable are: the total notional amount of the contract, the number of trading days in the contract, the number of trading days in the interval and the average VWAP of our stock during the interval less the agreed upon discount. During the nine months ended August 28, 2009, we repurchased approximately 9.9 million shares at an average price of $25.31 through structured repurchase agreements, which included prepayments from fiscal 2008 and 2009. During the nine months ended August 29, 2008, we repurchased 19.0 million shares at an average price of $37.12 through structured repurchase agreements, which included prepayments from fiscal 2007. During the nine months ended August 29, 2008, we also repurchased 0.75 million shares at an average price of $39.19 in open market transactions.
     As of August 28, 2009 and November 28, 2008, prepayments were classified as treasury stock on our Condensed Consolidated Balance Sheets at the payment date, though only shares physically delivered to us by the financial statement date are excluded from the denominator in the computation of earnings per share. As of August 28, 2009 and August 29, 2008, approximately $233.9 million and $41.0 million, respectively, of up-front payments remained under the agreements.
Stock Repurchase Program II
     Under this stock repurchase program, we had authorization to repurchase 50.0 million shares of our common stock. From the inception of the 50.0 million share authorization under this program, we provided prepayments of $1.9 billion under structured share repurchase agreements to large financial institutions. During the third quarter of fiscal 2008, the remaining authorized number of shares were repurchased.
     During the nine months ended August 29, 2008, we provided prepayments of $1.0 billion and repurchased 31.9 million shares through structured share repurchase agreements at an average price of $37.15. As of August 29, 2008, there were no up-front payments remaining under these agreements. During the nine months ended August 29, 2008, we also repurchased 0.5 million shares at an average price of $39.79 in open market transactions.
3 AGILENT TECHNOLOGIES INC
17. STOCK REPURCHASE PROGRAM
 
On November 14, 2007 the Audit and Finance Committee of the Board of Directors approved a share-repurchase program of up to $2 billion of Agilent’s common stock over a two year period.
 
The following repurchases under this program are, based on settlement date:
 
 
Number of
Common
Stock Repurchased
 
Amount of
Common
Stock Repurchased
 
 
(in millions)
 
Fiscal Year 2008
       
Balance as of October 31, 2008
30
 
$
1,000
 
         
Fiscal Year 2009
       
Three months ended
       
January 31, 2009
7
 
125
 
April 30, 2009
2
 
32
 
July 31, 2009
 
 
Program to date as of July 31, 2009
39
 
$
1,157
 
 
All such shares and related costs are held as treasury stock and accounted for using the cost method. The remaining amount that is authorized under the plan is $843 million. On March 26, 2009, the company announced that it was suspending its stock repurchase program until the end of the 2009 fiscal year.
4 ASSURANT INC,

10. Stock Repurchase

 

                The following table shows the shares repurchased during the periods indicated:

 

 

 

Period in 2009

 

 

Number of

Shares Purchased

 

 

 

 

 

 

Average Price

Paid Per Share

 

 

 

 

Total Number of Shares

Purchased as Part of

Publicly Announced

Programs

January

-

 

-

 

-

February

-

 

-

 

-

March

-

 

-

 

-

April

-

 

-

 

-

May

-

 

-

 

-

June

-

 

-

 

-

July

-

 

-

 

-

August

863,050

 

$              28.45

 

863,050

September

259,000

 

28.54

 

259,000

            Total

1,122,050

 

$              28.47

 

1,122,050

 

On November 10, 2006, the Company’s Board of Directors authorized the Company to repurchase up to $600,000 of its outstanding common stock.  During the nine months ended September 30, 2009, the Company repurchased 1,122,050 shares of the Company’s outstanding common stock at a cost of $31,949 and can repurchase up to $170,044 of additional outstanding common stock under the current authorization.

5 BAXTER INTERNATIONAL INC
Stock repurchases
As authorized by the board of directors, from time to time the company repurchases its stock depending upon the company’s cash flows, net debt level and current market conditions. During the three- and nine-month periods ended September 30, 2009, the company repurchased 1.8 million shares and 18 million shares for $100 million and $966 million, respectively, under the board of directors’ March 2008 $2.0 billion share repurchase authorization. In July 2009, the board of directors authorized the repurchase of up to an additional $2.0 billion of the company’s common stock. At September 30, 2009, $2.2 billion remained available under the March 2008 and July 2009 authorizations.
6 CITRIX SYSTEMS INC

14. STOCK REPURCHASE PROGRAMS

The Company’s Board of Directors authorized an ongoing stock repurchase program with a total repurchase authority granted to the Company of $2.1 billion. The Company may use the approved dollar authority to repurchase stock at any time until the approved amount is exhausted. The objective of the Company’s stock repurchase program is to improve stockholders’ returns. At September 30, 2009, approximately $236.9 million was available to repurchase common stock pursuant to the stock repurchase program. All shares repurchased are recorded as treasury stock. A portion of the funds used to repurchase stock over the course of the program was provided by proceeds from employee stock option exercises and the related tax benefit.

The Company is authorized to make open market purchases of its common stock using general corporate funds. Additionally, from time to time, the Company has entered into structured stock repurchase arrangements with large financial institutions using general corporate funds in order to lower the average cost to acquire shares. These programs include terms that require the Company to make up-front payments to the counterparty financial institution and result in the receipt of stock during or at the end of the term of the agreement or the receipt of either stock or cash at the maturity of the agreement, depending on market conditions.

During the three months ended September 30, 2009, the Company expended approximately $75.0 million on open market purchases, repurchasing 2,109,030 shares of outstanding common stock at an average price of $35.56. In addition, as of September 30, 2009, the Company did not have any prepaid notional amounts remaining under its structured stock repurchase programs and it did not make any up-front payments to financial institutions related to structured stock repurchase agreements.

During the nine months ended September 30, 2009, the Company expended approximately $140.0 million on open market purchases, repurchasing 4,531,330 shares of outstanding common stock at an average price of $30.89. In addition, during the period, the Company did not make any up-front payments to financial institutions related to structured stock repurchase agreements.

During the three months ended September 30, 2008, the Company took delivery of 639,899 shares at an average price of $29.13 per share from its structured repurchase agreements and it expended approximately $50.0 million on open market purchases, repurchasing 1,711,758 shares of outstanding common stock at an average price of $29.18. In addition, during the three months ended September 30, 2008 the Company made one up-front payment of $25.0 million to a certain financial institution related to a structured stock repurchase agreement.

During the nine months ended September 30, 2008, the Company took delivery of 3,548,544 shares at an average price of $34.30 per share from its structured repurchase agreements and it expended approximately $166.2 million on open market purchases, repurchasing 5,133,091 shares of outstanding common stock at an average price of $32.38. In addition, during the nine months ended September 30, 2008 the Company made aggregate up-front payments of $58.9 million to certain financial institutions related to structured stock repurchase agreements.

7 Covance Inc.

3.  Treasury Stock

 

In February 2007, the Covance Board of Directors authorized the repurchase of an additional 3.0 million shares under Covance’s stock repurchase program.  At September 30, 2009, there are approximately 0.8 million shares remaining for purchase under the 2007 authorization.  Covance also reacquires shares of its common stock in connection with certain employee benefit plans primarily when employees tender shares to satisfy income tax withholdings associated with the vesting of stock awards.  The following table sets forth the treasury stock activity during the nine month periods ended September 30, 2009 and 2008.

 

 

 

Nine Months Ended September 30

 

 

 

2009

 

2008

 

(amounts in thousands)

 

$

 

# shares

 

$

 

# shares

 

Shares repurchased in connection with:

 

 

 

 

 

 

 

 

 

Board approved buyback programs

 

$

 

 

$

126,709

 

1,500.0

 

Employee benefit plans

 

2,509

 

62.0

 

3,895

 

46.7

 

Total

 

$

2,509

 

62.0

 

$

130,604

 

1,546.7

 

8 HUDSON CITY BANCORP INC
5. Stock Repurchase Programs
Under our previously announced stock repurchase programs, shares of Hudson City Bancorp common stock may be purchased in the open market and through other privately negotiated transactions, depending on market conditions. The repurchased shares are held as treasury stock, which may be reissued for general corporate use. During the nine months ended September 30, 2009, we purchased 4.0 million shares of our common stock at an aggregate cost of $43.5 million. As of September 30, 2009, there remained 50,123,550 shares that may be purchased under the existing stock repurchase programs.
9 HUMANA INC

10. STOCK REPURCHASE PLAN

In the third quarter of 2008, the Board of Directors authorized the repurchase of up to $250 million of our common shares exclusive of shares repurchased in connection with employee stock plans. The shares may be purchased from time to time at prevailing prices in the open market, by block purchases, or in privately-negotiated transactions, subject to certain restrictions on volume, pricing and timing. During the nine months ended September 30, 2009, no shares were repurchased pursuant to the program and, accordingly, as of November 3, 2009, the remaining authorized amount totaled $250 million. The share repurchase program expires on December 31, 2009.

In connection with employee stock plans, we acquired 0.2 million common shares for $8.3 million and 0.2 million common shares for $13.0 million during the nine months ended September 30, 2009 and 2008, respectively.

10 LORILLARD, INC.
12. Share Repurchase Program
     On July 27, 2009, Lorillard, Inc. announced that its Board of Directors had approved an additional share repurchase program authorizing the Company to repurchase in the aggregate up to $750 million of its outstanding common stock. Purchases by the Company under this program may be made from time to time at prevailing market prices in open market purchases, privately negotiated transactions, block purchases or otherwise, as determined by the Company’s management. The repurchases will be funded from existing cash balances, including proceeds from the Company’s June 2009 issuance of the Notes (see Note 7 for a description of the Notes).
     This program does not obligate the Company to acquire any particular amount of common stock. The timing, frequency and amount of repurchase activity will depend on a variety of factors such as levels of cash generation from operations, cash requirements for investment in the Company’s business, current stock price, market conditions and other factors. The share repurchase program may be suspended, modified or discontinued at any time and has no set expiration date. During the third quarter, the Company repurchased approximately 4.9 million shares of its common stock at an average price of $72.12 per share, for a total of $356 million. This share repurchase program follows on the prior authorizations by the Board on July 9, 2008 to repurchase in the aggregate up to $400 million of its outstanding common stock, which was completed on October 10, 2008 and on May 21, 2009 to repurchase in the aggregate up to $250 million, which was completed on July 28, 2009.
11 MICROCHIP TECHNOLOGY INC
(16)
Stock Repurchase
 
During the three and six months ended September 30, 2009, the Company did not repurchase any of its shares of common stock.  During the three and six months ended September 30, 2008, the Company purchased 3.3 million and 4.0 million shares of its common stock for a total of $100.3 million and $123.9 million, respectively.  The timing and amount of future repurchases will depend upon market conditions, interest rates, and corporate considerations.
 
As of September 30, 2009, the Company held approximately 35.2 million shares as treasury shares.
12 Norfolk Southern Corporation

4.  Stockholders’ Equity

  

Common stock is reported net of shares held by consolidated subsidiaries of Norfolk Southern, which at September 30, 2009, and December 31, 2008, amounted to 20,473,569 and 20,579,088 shares, respectively, with a cost of $19 million for both periods.

13 SUPERVALU INC
NOTE 9 – TREASURY STOCK PURCHASE PROGRAM
On May 28, 2009, the Board of Directors of the Company adopted and announced a new annual share repurchase program authorizing the Company to purchase up to $70 of the Company’s common stock. Stock purchases will be made primarily from the cash generated from the settlement of stock options. This annual authorization program replaced the previously existing share repurchase program and continues through June 2010. The Company did not repurchase any shares during the second quarter and year-to-date ended September 12, 2009. As of September 12, 2009, there remained $70 available to repurchase the Company’s common stock.
The Company did not repurchase any shares during the second quarter and year-to-date ended September 12, 2009 under previously existing share repurchase programs. During the second quarter and year-to-date ended September 6, 2008, the Company purchased 0.6 shares and 0.8 shares, respectively, under previously existing programs at an average cost of $25.88 and $26.92 per share, respectively.
14 SYMANTEC CORP

Note 8.  Stock Repurchases

 

The following table summarizes our stock repurchases:

 

 

 

Three Months Ended

October 2, 2009

Six Months Ended

October 2, 2009

 

(In millions, except per share data)

Total number of shares repurchased...........................................................................................................

                        8

                   16

Dollar amount of shares repurchased.........................................................................................................

                    120 

                 243

Average price paid per share.........................................................................................................................

                 15.22

              15.41

Range of price paid per share.......................................................................................................................

  14.77 to 15.72

14.14 to 16.81

 

We have had stock repurchase programs in effect since fiscal 2001 and have repurchased shares on a quarterly basis since the fourth quarter of fiscal 2004. Our current program was authorized by our Board of Directors on June 14, 2007 to repurchase up to $2 billion of our common stock.  This program does not have an expiration date, and as of October 2, 2009, $57 million remained authorized for future repurchases.  As noted in Note 13, on October 28, 2009 we announced that our Board of Directors approved a new share repurchase program. 

15 Tim Hortons Inc.

NOTE 8 CAPITAL STOCK

In November 2008, the Company’s Board of Directors approved a 2009 share repurchase program for up to $200 million, not to exceed the regulatory maximum of 9,077,438 shares, which was equivalent to 5% of the Company’s outstanding shares of common stock at the time of regulatory approval on February 25, 2009. The 2009 program commenced on March 2, 2009 and will end March 1, 2010 or sooner if the $200 million maximum or the 5% of outstanding share limit is reached, or, at the discretion of management or the Company’s Board of Directors, subject to the Company’s compliance with regulatory requirements.

Purchases were approved to be made under the 2009 repurchase program at management’s discretion, subject to applicable regulatory requirements and market, cost and other considerations, as well as under automatic trading plan, or 10b5-1 provisions. The Company purchased approximately 0.6 million of common stock for a total cost of $16.7 million under this program in March 2009. Thereafter, the Company decided to defer further purchases under the 2009 share repurchase program until it could undertake a complete review of its capital allocation activities post-reorganization as a Canadian public company (see Note 14).

In the year-to-date period ended September 28, 2008, the Company purchased approximately 4.5 million shares of common stock for a total cost of $149.8 million under the Company’s 2007-2008 repurchase program, which expired in October 2008.

16 UNITEDHEALTH GROUP INC

9.    Share Repurchase Program

Under its Board of Directors’ authorization, the Company maintains a share repurchase program (Repurchase Program). The objectives of the Repurchase Program are to optimize the Company’s capital structure and cost of capital thereby improving returns to shareholders, as well as to offset the dilutive impact of share-based awards. Repurchases may be made from time to time at prevailing prices in the open market. During the nine months ended September 30, 2009, the Company repurchased 66.4 million shares at an average price of approximately $24 per share and an aggregate cost of $1.6 billion. As of September 30, 2009, the Company had Board of Directors’ authorization to purchase up to an additional 36.5 million shares of its common stock.