Most benefit plans cap the maximum number of units or shares that may be issued or sold under the plan, but an "evergreen" provision allows this number to increase annually. Such increase typically happens on the first day of each fiscal year, often by an amount specified by formula. Issuers that recently have registered additional shares pursuant to such evergreen provisions include:
athenahealth, Inc. Form S-8 on March 4 (SEC file no. 333-172619, Counsel: Goodwin Procter LLP, Boston)
LoopNet, Inc. Form S-8 on March 3 (333-172589, Counsel: Orrick, Herington and Sutcliffe, LLP, San Francisco)
Blackstone Group L.P. S-8 on February 25 (333-172451, Counsel: Simpson Thacher & Bartlett LLP, New York)
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