| FORM 4 | 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 | | OMB APPROVAL | | OMB Number: | 3235-0287 | | Expires: | February 28, 2011 | | Estimated average burden | | hours per response | 0.5 |
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| Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue.
See Instruction 1(b). |
1. Name and Address of Reporting Person*
(Street)
| 2. Issuer Name and Ticker or Trading Symbol
ANDERSONS INC
[ANDE] | 5. Relationship of Reporting Person(s) to Issuer
(Check all applicable) | Director | | 10% Owner | | X | Officer (give title below) | | Other (specify below) | | VP Finance & Treasurer |
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3. Date of Earliest Transaction (Month/Day/Year)
11/02/2009 |
4. If Amendment, Date of Original Filed (Month/Day/Year)
| 6. 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 |
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. Ownership Form: Direct (D) or Indirect (I)
(Instr. 4) | 7. Nature of Indirect Beneficial Ownership
(Instr. 4) |
| Code | V | Amount | (A) or (D) | Price |
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COMMON STOCK
| | | | | | | |
9,031.799
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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) |
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) |
| Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
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PERFORMANCE SHARE UNIT
| $
0
| | | | | | | 12/31/2009 | 01/01/2010 |
COMMON STOCK
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0
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560
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D
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PERFORMANCE SHARE UNIT
| $
0
| | | | | | | 12/31/2010 | 01/01/2011 |
COMMON STOCK
|
0
| |
1,890
|
D
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|
PERFORMANCE SHARE UNIT
| $
0
| | | | | | | 12/31/2011 | 01/01/2012 |
COMMON STOCK
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0
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2,750
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D
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SOSAR
| $
46.26
| | | | | | | 03/01/2009 | 04/01/2013 |
COMMON STOCK
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3,150
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3,150
|
D
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SOSAR
| $
11.02
| | | | | | | 03/02/2010 | 03/31/2014 |
COMMON STOCK
|
3,600
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3,600
|
D
| |
|
SOSAR
| $
42.08
| | | | | | | 03/01/2010 | 03/31/2012 |
COMMON STOCK
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2,800
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2,800
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D
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SOSAR
| $
39.115
| | | | | | | 04/01/2009 | 04/01/2011 |
COMMON STOCK
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6,000
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6,000
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D
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| Explanation of Responses: |
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| Gary Smith, by: Mary J. Schroeder, Limited Power of Attorney | 11/03/2009 |
| ** Signature of Reporting Person | Date |
| 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).
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| Note: File three copies of this Form, one of which must be manually signed. If space is insufficient,
see Instruction 6 for procedure. |
| 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 Number. |
LIMITED POWER OF ATTORNEY
Know all men by these presents, that I, Gary Smith, the undersigned, of 70 Back
Bay Road(address), City of Bowling Green, County of Wood, State of Ohio, hereby
make, constitute and appoint each of Richard R. George, Mary J. Schroeder and
Nicholas C. Conrad, each of The Andersons, Inc., 480 W. Dussel Drive, Maumee,
Ohio, 43537 my true and lawful limited attorney-in-fact for me and in my name,
place and stead, giving severally unto said Richard R. George, Mary J.
Schroeder, and Nicholas C. Conrad full power individually to (i)execute and to
file with the Securities and Exchange Commission ("SEC") as my limited
attorney-in-fact, any and all SEC Forms 3, 4, 5 or 144 required to be filed
under the Securities Act of 1933 or the Securities Exchange Act of 1934, each as
amended, and (ii)execute and deliver any all exercise orders, certificates,
commitments and other agreements necessary or appropriate in connection with any
exercise of my stock options for shares in The Andersons, Inc., do any all other
acts to effectuate the foregoing, and execute and submit all SEC filings
necessary or appropriate in connection therewith, in connection with my
beneficial ownership of equity securities of The Andersons, Inc., or options for
such equity securities, for the calendar years 2008 and 2009.
The rights, powers, and authority of each limited attorney-in-fact
herein granted shall commence and be in full force and effect as of the date
hereof; and such rights, powers, and authority shall remain in full force and
effect thereafter through and including January 7, 2010.
IN WITNESS WHEREOF, the undersigned has executed this Limited Power of Attorney
as of this __6th__ day of _December___, __2007__.
__Gary Smith______
Name
STATE OF Ohio )
) ss
COUNTY OF Lucas )
On this __6th_ day of _December__, __2007__, before me a notary public in and
for said state, personally appeared _Gary L. Smith_, to me personally known, who
being duly sworn,acknowledged that he/she had executed the foregoing instrument
for purposes therein mentioned and set forth.
__Wendy Pohlman__
Notary Public
My Commission Expires:
__8/04/2010__