SEC Form 4 · accession 0001127602-16-047041

VIVMARK RESIDENTIAL · VMRK

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

Reporting owner

David J Neithercut

Officer — President & CEO · Director

Period of report

Mar 18, 2016

Accepted (ET)

Mar 21, 2016 · 4:33 pm EDT

Rule 10b5-1 plan

unknown — predates the checkbox

Issuer CIK

0000906107

Table I — non-derivative securities

Security	Date	Code	Shares	Price	A/D	Owned after	D/I	Nature of ownership
Common Shares Of Beneficial Interest^F1	Mar 18, 2016	M	77,700	$20.60	A	80,574	I	Family Limited Partnership
Common Shares Of Beneficial Interest^F2,F1	Mar 18, 2016	S	77,700	$74.524	D	2,874	I	Family Limited Partnership
Common Shares Of Beneficial Interest^F1	Mar 18, 2016	M	22,300	$20.60	A	25,174	I	Family Limited Partnership
Common Shares Of Beneficial Interest^F3,F1	Mar 18, 2016	S	22,300	$75.256	D	2,874	I	Family Limited Partnership
Common Shares Of Beneficial Interest^F4	holding	—	—		—	2,922	I	401(k) Plan
Common Shares Of Beneficial Interest^F5	holding	—	—		—	32,148	I	Grantor Trust (fbo daughter)
Common Shares Of Beneficial Interest^F6	holding	—	—		—	32,148	I	Grantor Trust (fbo son)
Common Shares Of Beneficial Interest^F7	holding	—	—		—	39,004	I	Trust (fbo wife)
Common Shares Of Beneficial Interest^F8	holding	—	—		—	1,802	I	Trust (fbo wife)
Common Shares Of Beneficial Interest^F7	holding	—	—		—	40,000	I	Trust (fbo Wife)

Table II — derivative securities

Security	Conv. / exercise price	Date	Code	Shares	A/D	Exercisable	Expires	Underlying	Underlying shares	Owned after	D/I
Non-qualified Stock Option (Right to Buy)^F9	$20.60	Mar 18, 2016	M	77,700	D	—	Feb 6, 2019	Common Shares Of Beneficial Interest	77,700	303,475	I
Non-qualified Stock Option (Right to Buy)^F9	$20.60	Mar 18, 2016	M	22,300	D	—	Feb 6, 2019	Common Shares Of Beneficial Interest	22,300	281,175	I

Explanation of responses

F1Represents shares beneficially owned by a family limited partnership, of which the reporting person is the general partner.
F2The price represents the weighted average price of the shares sold. The shares were sold within a range of $74.50 to $74.56. The reporting person will provide, upon request by the SEC staff, the issuer, or any security holder of the issuer, full information regarding the number of shares sold at each separate price.
F3The price represents the weighted average price of the shares sold. The shares were sold within a range of $75.01 to $75.38. The reporting person will provide, upon request by the SEC staff, the issuer, or any security holder of the issuer, full information regarding the number of shares sold at each separate price.
F4Represents shares acquired through profit sharing contributions and dividend reinvestment activity in the reporting person's account with the Equity Residential Advantage 401(k) Retirement Savings Plan, a plan qualified under Section 401(k) of the Internal Revenue Code of 1986, as amended. Such shares represent acquisitions through March 10, 2016.
F5Represents shares beneficially owned by a trust for the benefit of the reporting person's daughter. The reporting person disclaims beneficial ownership of these securities except to the extent of any pecuniary interest therein, and the inclusion of these shares in this report is not an admission that the reporting person is the beneficial owner of these securities for purposes of Section 16 or for any other purpose.
F6Represents shares beneficially owned by a trust for the benefit of the reporting person's son. The reporting person disclaims beneficial ownership of these securities except to the extent of any pecuniary interest therein, and the inclusion of these shares in this report is not an admission that the reporting person is the beneficial owner of these securities for purposes of Section 16 or for any other purpose.
F7Represents shares beneficially owned by a trust for the benefit of the reporting person's wife. The reporting person is the sole trustee of this trust and, as such, may be deemed the beneficial owner of these shares.
F8Represents shares beneficially owned by a trust for the benefit of the reporting person's wife. The reporting person disclaims beneficial ownership of these securities except to the extent of any pecuniary interest therein, and the inclusion of these shares in this report is not an admission that the reporting person is the beneficial owner of these securities for purposes of Section 16 or for any other purpose.
F9Represents options which vested in approximately three equal installments on February 6, 2010, February 6, 2011 and February 6, 2012.