SEC Form 4 · accession 0001144204-17-038764

DATAWATCH CORP · DWCH

Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗

Reporting owner

Richard De J Osborne

Director

Period of report

Jul 25, 2017

Accepted (ET)

Jul 27, 2017 · 5:00 pm EDT

Rule 10b5-1 plan

unknown — predates the checkbox

Issuer CIK

0000792130

Table I — non-derivative securities

Security	Date	Code	Shares	Price	A/D	Owned after	D/I	Nature of ownership
Common Stock^F1	Jul 25, 2017	M	25,000	$3.46	A	380,502	D
Common Stock^F3,F1	Jul 25, 2017	S	17,000	$10.90	D	363,502	D
Common Stock^F1	Jul 26, 2017	M	25,000	$3.46	A	388,502	D
Common Stock^F1	Jul 26, 2017	S	17,000	$11.40	D	371,502	D
Common Stock^F4	holding	—	—		—	3,000	I	Spouse

Table II — derivative securities

Security	Conv. / exercise price	Date	Code	Shares	A/D	Exercisable	Expires	Underlying	Underlying shares	Owned after	D/I
Stock Option (Right to Buy)^F5	$3.46	Jul 25, 2017	M	25,000	D	—	Feb 10, 2018	Common Stock	25,000	25,000	D
Stock Option (Right to Buy)^F5	$3.46	Jul 26, 2017	M	25,000	D	—	Feb 10, 2018	Common Stock	25,000	0	D

Explanation of responses

F1Includes 143,370 shares held by Carnegie Hill Associates, LLC. Mr. Osborne is the Managing Principal of Carnegie Hill Associates, LLC and may be deemed a beneficial owner of the shares held by Carnegie Hill Associates, LLC. Mr. Osborne disclaims beneficial ownership of these shares except to the extent of his pecuniary interest therein.
F2The purpose of this sale was to cover the cost of: (i) the aggregate exercise price payable by the reporting person and (ii) income taxes liabilities of the reporting person upon the exercise of stock options reported in the row immediately above for the same date.
F3The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $10.90 to $10.93. The reporting person undertakes to provide to the Issuer, any security holder of the Issuer, or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares sold at each separate price within this range.
F4These shares are owned by Mr. Osborne's wife. The reporting person acquired beneficial ownership of these shares upon his marriage to the owner of the shares on November 22, 2014. The reporting person disclaims beneficial ownership of these securities, and this report shall not be deemed an admission that the reporting person is the beneficial owner of the securities for purposes of Section 16 or for any other purpose.
F5The stock option, representing a right to purchase a total of 50,000 shares of Common Stock of the Issuer, became fully exercisable on May 11, 2014.