Abercrombie & Fitch 2008 Annual Report Download - page 95

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Table of Contents
(3) Exhibits:
The documents listed below are filed with this Annual Report on Form 10-K as exhibits or
incorporated into this Annual Report on Form 10-K by reference as noted:
3.1
Amended and Restated Certificate of Incorporation of A&F as filed with the Delaware
Secretary of State on August 27, 1996, incorporated herein by reference to Exhibit 3.1 to
A&F’s Quarterly Report on Form 10-Q for the quarterly period ended November 2, 1996 (File
No. 001-12107).
3.2
Certificate of Designation of Series A Participating Cumulative Preferred Stock of A&F as
filed with the Delaware Secretary of State on July 21, 1998, incorporated herein by reference to
Exhibit 3.2 to A&F’s Annual Report on Form 10-K for the fiscal year ended January 30, 1999
(File No. 001-12107).
3.3
Certificate of Decrease of Shares Designated as Class B Common Stock as filed with the
Delaware Secretary of State on July 30, 1999, incorporated herein by reference to Exhibit 3.3 to
A&F’s Quarterly Report on Form 10-Q for the quarterly period ended July 31, 1999 (File
No. 001-12107).
3.4
Amended and Restated Bylaws of A&F (reflecting amendments through May 20, 2004),
incorporated herein by reference to Exhibit 3.7 to A&F’s Quarterly Report on Form 10-Q for
the quarterly period ended May 1, 2004 (File No. 001-12107).
4.1
Rights Agreement, dated as of July 16, 1998, between A&F and First Chicago Trust Company
of New York, incorporated herein by reference to Exhibit 1 to A&F’s Registration Statement
on Form 8-A dated and filed July 21, 1998 (File No. 001-12107).
4.2
Amendment No. 1 to Rights Agreement, dated as of April 21, 1999, between A&F and First
Chicago Trust Company of New York, incorporated herein by reference to Exhibit 2 to A&F’s
Form 8-A (Amendment No. 1), dated April 23, 1999 and filed April 26, 1999 (File
No. 001-12107).
4.3
Certificate of adjustment of number of Rights associated with each share of Class A Common
Stock, dated May 27, 1999, incorporated herein by reference to Exhibit 4.6 to A&F’s Quarterly
Report on Form 10-Q for the quarterly period ended July 31, 1999 (File No. 001-12107).
4.4
Appointment and Acceptance of Successor Rights Agent, effective as of the opening of
business on October 8, 2001, between A&F and National City Bank, incorporated herein by
reference to Exhibit 4.6 to A&F’s Quarterly Report on Form 10-Q for the quarterly period
ended August 4, 2001 (File No. 001-12107).
4.5
Amendment No. 2, dated as of June 11, 2008, to the Rights Agreement, dated as of July 16,
1998, between A&F and National City Bank (as successor to First Chicago Trust Company of
New York), as Rights Agent, incorporated herein by reference to Exhibit 4.01 to A&F’s
Form 8-A/A (Amendment No. 2), dated and filed June 12, 2008 (File No. 001-12107).
4.6
Credit Agreement, dated as of April 15, 2008 (the “Credit Agreement”), among Abercrombie &
Fitch Management Co.; the Foreign Subsidiary Borrowers (as defined in the Credit Agreement)
from time-to-time party to the Credit Agreement; A&F; the Lenders (as defined in the Credit
Agreement) from time to time party to the Credit Agreement; National City Bank, as a co-lead
arranger, a co-bookrunner and Global Administrative Agent, as the Swing Line Lender and an
LC Issuer; J.P. Morgan Securities, Inc., as a co-leader arranger, a co-bookrunner and as
syndication agent; and each of Fifth Third Bank and Huntington National Bank, as a
documentation agent, incorporated herein by reference to Exhibit 4.1 to A&F’s Current Report
on Form 8-K dated and filed April 18, 2008 (File No. 001-12107).
Source: ABERCROMBIE & FITCH CO /DE/, 10-K, March 27, 2009 Powered by Morningstar® Document Research