Einstein Bros 2003 Annual Report Download - page 30

http://www.sec.gov/Archives/edgar/data/949373/000104746904009609/a2132006z10-k.htm[9/11/2014 10:13:55 AM]
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approved by the Board of Directors. The decision to engage Grant Thornton LLP followed our evaluation of proposals from several accounting
firms.
During the fiscal years ended January 1, 2002 and December 31, 2000, and the subsequent interim period through July 29, 2002, there were no
disagreements between Arthur Andersen and us on any matter of accounting principles or practices, financial statement disclosure, or auditing
scope or procedure, which disagreement, if not resolved to Arthur Andersen's satisfaction, would have caused Arthur Andersen to make reference
to the subject matter of such disagreement in its reports on our consolidated financial statements for such years, and there occurred no reportable
events as defined in Item 304(a)(1)(v) of Regulation S-K.
The audit reports of Arthur Andersen on our original consolidated financial statements for the fiscal years ended January 1, 2002 and
December 31, 2000 did not contain an adverse opinion or disclaimer of opinion, nor were they qualified or modified as to uncertainty, audit scope
or accounting principles.
Pursuant to Item 304(a)(3) of Regulation S-K, we requested that Arthur Andersen furnish a letter addressed to the Securities and Exchange
Commission stating whether they agree with the above statements. A representative of Arthur Andersen advised us that Arthur Andersen is no
longer in a position to provide letters relating to its termination as a former audit client's independent auditor, and that Arthur Andersen's inability
to provide such letters has been discussed with the staff at the Securities and Exchange Commission.
During the fiscal years ended January 1, 2002 and December 31, 2000, and the subsequent interim period through July 29, 2002, we did not
consult Grant Thornton LLP regarding the application of accounting principles to a specified transaction, either completed or proposed, or the type
of audit opinion that might be rendered on our consolidated financial statements, or any of the matters or reportable events set forth in Items
304(a)(2)(i) and (ii) of Regulation S-K.
ITEM 9A. CONTROLS AND PROCEDURES
Our chief executive officer and our principal financial officer have evaluated the effectiveness of our "disclosure controls and procedures" (as
defined in Rules 13a-15(e) and 15d-15(e) under the Exchange Act) as of December 30, 2003. Based on that evaluation, our chief executive officer
and our principal financial officer have concluded that our disclosure controls and procedures were effective to provide reasonable assurance that
information that we are required to disclose in reports that we file with the SEC is recorded, processed, summarized and reported within the time
periods specified by the Exchange Act rules.
It should be noted that any system of controls, however well designed and operated, can provide only reasonable assurance regarding
management's control objectives. In addition, the design of any control system is based in part upon certain assumptions about the likelihood of
future events. Because of these and other inherent limitations of control systems, there can be no assurance that any design will succeed in
achieving its stated goals under all potential future conditions, regardless of how remote.
During the quarter ended December 30, 2003, there were no changes to our internal controls over financial reporting which were identified in
connection with the evaluation of our disclosure controls and procedures required by the Exchange Act rules and which have materially affected, or
are reasonably likely to materially affect, our internal controls over financial reporting.
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PART III
ITEM 10. DIRECTORS AND EXECUTIVE OFFICERS OF THE REGISTRANT
Information relating to Directors required by Item 10 will be included in our 2004 Proxy Statement, which will be filed within 120 days after
the close of the 2003 fiscal year, and is hereby incorporated by reference.
Information relating to compliance with Section 16(a) required by Item 10 will included in our 2004 Proxy Statement, which will be filed
within 120 days after the close of the 2003 fiscal year, and is hereby incorporated by reference.