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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940 |
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Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | |||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. | SEC 1474 (9-02) |
1. Title of Derivative Security (Instr. 3) |
2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) |
5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4, and 5) |
6. Date Exercisable and Expiration Date (Month/Day/Year) |
7. Title and Amount of Underlying Securities (Instr. 3 and 4) |
8. Price of Derivative Security (Instr. 5) |
9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) |
10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) |
11. Nature of Indirect Beneficial Ownership (Instr. 4) |
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Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
FORWARD SALE CONTRACT (OBLIGATION TO SELL) | $ 0 (1) | 01/12/2007 | J(1) | 400,000 (1) | 01/12/2007(1) | 01/12/2007(1) | MTH COMMON STOCK | 400,000 | $ 0 (1) | 0 (1) | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
SARVER ROBERT GARY 17851 NORTH 85TH STREET, SUITE 300 SCOTTSDALE, AZ 85255 |
X |
/s/ Robert G. Sarver | 01/17/2007 | |
**Signature of Reporting Person | Date |
* | If the form is filed by more than one reporting person, see Instruction 4(b)(v). |
** | Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
(1) | As disclosed in amended Form 4's filed on January 17, 2007, the reporting person entered into a forward sale agreement, pursuant to a Stock Purchase Agreement, on November 10, 2004 (the "Agreement") for the forward sale of up to 400,000 shares (split-adjusted basis) of Meritage Homes Corporation common stock. The closing price of Meritage Homes Corporation common stock on January 12, 2007 was $43.18, which is below the Downside Protection Threshold Price (on a split-adjusted basis), resulting in a Settlement Ratio of 1. Accordingly, on January 16, 2007, the reporting person delivered 400,000 shares (on a split-adjusted basis) of Meritage Homes Corporation common stock as settlement for the expiration of the Agreement. This transaction is deemed exempt under Section 16(b) of the Securities Exchange Act of 1934. |
(2) | The reporting person also owns 8,000 shares through his family members. |