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FORM 4
[ ] Check this box if no longer
subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP 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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1. Name and Address of Reporting Person*
Whitney, Richard K.
(Last) (First) (Middle)
21250 Hawthorne Blvd.
Suite #800
(Street)
Torrance, CA 90503
(City) (State) (Zip)
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2. Issuer Name and Ticker or Trading Symbol DaVita Inc.
DVA 3. I.R.S. Identification
Number of Reporting Person, if an entity (voluntary) |
4. Statement for Month/Day/Year 11/19/2002
5. If Amendment, Date of Original (Month/Day/Year) |
6. Relationship of Reporting Person(s) to Issuer
(Check all applicable) Director
10% Owner
X Officer (give title below)
Other (specify below)
Description
Chief Financial Officer
7. Individual or Joint/Group
Filing (Check Applicable Line) X Form filed by One Reporting Person
Form filed by More than One Reporting Person
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Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
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1. Title of Security (Instr. 3) |
2.Transaction
Date (Month/Day/Year) |
2A. Deemed Execution Date, if any
(Month/Day/Year) |
3. Transaction Code (Instr. 8) |
4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4, and 5) |
5. Amount of
Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) |
6. Owner-
ship Form: Direct (D) or Indirect (I) (Instr. 4) |
7. Nature of
Indirect Beneficial Ownership (Instr. 4) |
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Code
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V
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Amount
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A/D
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Price
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Common Stock
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02/08/2002
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A(1)
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V
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18,000
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A
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$0
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D
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|||||
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Common Stock
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11/19/2002
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M
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30,000
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A
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$2.6875
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D
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Common Stock
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11/19/2002
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S
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10,000
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D
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$25.80
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D
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Common Stock
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11/19/2002
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S
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5,000
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D
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$25.70
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D
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Common Stock
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11/19/2002
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S
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5,000
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D
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$25.65
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D
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Common Stock
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11/19/2002
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S
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200
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D
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$25.62
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D
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Common Stock
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11/19/2002
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S
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9,800
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D
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$25.60
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D
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Common Stock
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11/20/2002
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M
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10,000
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A
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$2.6875
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D
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Common Stock
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11/20/2002
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S
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10,000
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D
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$25.801
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38,711
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D
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Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
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1. Title of Derivative Security
(Instr. 3) |
2. Conver-
sion or Exercise Price of Deri- vative 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(DE) and
Expiration Date(ED) (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. Owner- ship Form of Deriv- ative Securities: Direct (D) or Indirect (I) (Instr.4) |
11. Nature of Indirect Beneficial Ownership (Instr.4) |
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Code
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V
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A
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D
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DE
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ED
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Title
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Amount or Number of Shares
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| Stock Options (Right to Buy) | $23.25 | 02/08/2002 |
A(2)
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V
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135,000 |
02/08/2004(3)
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02/08/2007
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Common Stock
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135,000
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$0
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135,000
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D
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| Stock Options (Right to Buy) | $2.6875 | 11/19/2002 |
M
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30,000 |
06/27/2000 (4)
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03/29/2005
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Common Stock
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30,000
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$0
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D
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| Stock Options (Right to Buy) | $2.6875 | 11/20/2002 |
M
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10,000 |
06/27/2000 (4)
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03/29/2005
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Common Stock
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10,000
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$0
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175,985
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D
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Note #1. Grant of Restricted Units which vests in three equal annual installments beginning on 02/08/2004. Mr. Whitney has elected to defer vesting of the first and second installments until 02/08/2006.
Note #2. Nonqualified stock option granted under the First Amended and Restated 1997 Equity Compensation Plan. Note #3. The option vests 50% on the second anniversary date of the grant and 25% on each of the third and fourth anniversay dates of grant. Note #4. The option vests according to the following schedule: 100,000 on 06/27/2000, 100,000 on 03/29/2001, 100,000 on 03/29/2002, and 100,000 on 03/29/2003. |
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By: /s/ ** Signature of Reporting Person Date SEC 1474 (9-02) |
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Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. * 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). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Potential persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |