Earthlink 2003 Annual Report Download - page 65

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E-1
*
10.7 — EarthLink, Inc. Employee Stock Purchase Plan (incorporated by reference to Exhibit 99.1 of EarthLink, Inc.'s Registration
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.
E-2
QuickLinks
EARTHLINK, INC. Annual Report on Form 10-K For the Year Ended December 31, 2003
TABLE OF CONTENTS
PART I
Item 1. Business.
Item 2. Properties.
Item 3. Legal Proceedings.
Item 4. Submission of Matters to a Vote of Security Holders.
PART II
Item 5. Market for Registrant's Common Equity and Related Stockholder Matters.
Item 6. Selected Financial Data.
Item 7. Management's Discussion and Analysis of Financial Condition and Results of Operations.
Item 7a. Quantitative and Qualitative Disclosures about Market Risk.