Earthlink 2003 Annual Report Download - page 38

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*
Statement on Form S
-
8
—
File No. 333
-
83870).
10.8
—
Office Lease Agreement dated November 16, 1999, between Kingston Atlanta Partners, L.P. and MindSpring Enterprises, Inc.,
as amended (incorporated by reference to Exhibit 10.1 of EarthLink, Inc.'s Report on Form 10-Q for the quarterly period ended
March 31, 2001
—
File No. 001
-
15605).
10.9
—
Office Lease by and between The Mutual Life Insurance Company of New York, and EarthLink Network, Inc., dated
September 20, 1996, as amended (incorporated by reference to Exhibit 10.2 of EarthLink, Inc.'s Report on Form 10-Q for the
quarterly period ended March 31, 2001
—
File No. 001
-
15605).
10.10
—
Amended and Restated Employment Agreement, dated as of January 28, 2003, between EarthLink, Inc. and Charles G. Betty,
President and Chief Executive Officer of EarthLink, Inc. (incorporated by reference to Exhibit 10.1 of EarthLink, Inc.'s Report
of Form 10
-
Q for the quarterly period ended March 31, 2003
—
File No. 001
-
15605).
21.1*
—
Subsidiaries of the Registrant.
23.1*
—
Consent of Independent Auditors.
24.1*
—
Power of Attorney (see the Power of Attorney in the signature page hereto).
31.1*
—
Certification of Chief Executive Officer pursuant to Securities Exchange Act Rules 13a-14 and 15d-14, as adopted pursuant to
Section 302 of the Sarbanes
-
Oxley Act of 2002.
31.2*
—
Certification of Chief Financial Officer pursuant to Securities Exchange Act Rules 13a-14 and 15d-14, as adopted pursuant to
Section 302 of the Sarbanes
-
Oxley Act of 2002.
32.1*
—
Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes
-
Oxley Act of 2002.
32.2*
—
Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes
-
Oxley Act of 2002.
Filed herewith.
(b) Reports on Form 8-K
EarthLink furnished a Current Report on Form 8-K dated October 21, 2003 in which EarthLink reported under Item 12 that on
October 21, 2003, EarthLink issued a press release announcing its financial results for the quarter ended September 30, 2003 and
providing guidance for the remainder of 2003 and for 2004 (not incorporated by reference).
EarthLink filed a Current Report on Form 8-K dated October 29, 2003 in which EarthLink reported under Items 5 and 7 that on
October 23, 2003 EarthLink issued a press release announcing its Board of Directors authorized the repurchase of an additional
$100 million of EarthLink's common stock pursuant to its share repurchase program.
EarthLink filed a Current Report on Form 8-K dated November 20, 2003 in which EarthLink reported under Item 5 that its Board of
Directors approved the establishment of a sales plan by Sky D. Dayton, Chairman of the Board of Directors of EarthLink, to sell up to a
maximum of 200,000 shares of
45
EarthLink's common stock, par value $.01 per share, between December 16, 2003 and December 17, 2004.
EarthLink furnished a Current Report on Form 8-K dated December 9, 2003 in which EarthLink reported under Item 9 that on
December 9, 2003, EarthLink issued a press release providing updated subscriber guidance for the fourth quarter of 2003. The
Company also reaffirmed its previously issued financial guidance for other measures of performance for the fourth quarter and full year
2003 and for 2004 (not incorporated by reference).
(c) Exhibits
The response to this portion of Item 15 is submitted as a separate section of this Report.