Einstein Bros 2003 Annual Report Download - page 34

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http://www.sec.gov/Archives/edgar/data/949373/000104746904009609/a2132006z10-k.htm[9/11/2014 10:13:55 AM]
10.33 Security Agreement and Mortgage—Trademarks and Patents dated as of July 8, 2003, by and among the Company, the Subsidiary
Guarantors and the Bank of New York as Trustee(16)
10.34 Pledge Agreement dated as of July 8, 2003, by and among the Company and certain of its Subsidiaries, as Pledgors in favor of
AmSouth Bank, as Agent(16)
10.35 Intercreditor Agreement dated as of July 8, 2003, by and among the Company, the Subsidiary Guarantors, AmSouth Bank and the
Bank of New York as Trustee(16)
10.36 Amendment Agreement with AmSouth Bank dated December 30, 2003(18)
10.37 Second Amendment Agreement with AmSouth dated February 9, 2004*
10.38 Registration Rights Agreement dated as of July 8, 2003, between the Company, the Subsidiary Guarantors and Jefferies &
Company, Inc.(17)
21.1 List of Subsidiaries*
31.1 Certification of Principal Executive Officer of the Registrant pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, with
respect to the Registrant's Annual Report on Form 10-K for the year ended December 30, 2003*
31.2 Certification of Principal Financial Officer of the Registrant pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, with
respect to the Registrant's Annual Report on Form 10-K for the year ended December 30, 2003*
32.1 Certification of Principal Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-
Oxley Act.
39
32.2 Certification of Principal Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-
Oxley Act.
*Filed herewith.
(1) Incorporated by reference to Exhibit 3.2 from the Registrant's Registration Statement on Form SB-2 (33-95764).
(2) Incorporated by reference from Registrant's Registration Statement on Form SB-2 (33-95764).
(3) Incorporated by reference from Registrant's Current Report on Form 8-K dated June 7, 1999.
(4) Incorporated by reference from Registrant's Current Report on Form 8-K dated July 3, 2001.
(5) Incorporated by reference from Registrant's Current Report on Form 8-K dated September 7, 1999.
(6) Incorporated by reference from Registrant's Current Report on Form 8-K dated January 17, 2001.
(7) Incorporated by reference from Registrant's Annual Report on Form 10-K for the Fiscal Year Ended January 1, 2002.
(8) Incorporated by reference from Registrant's Annual Report on Form 10-K for the Fiscal Year Ended December 31, 2002, filed on May 14,
2003.
(9) Incorporated by reference from Registrant's Schedule 14A, filed on September 10, 2003 included as schedule 1.
(10) Incorporated by reference from Registrant's Schedule 14A, filed on September 10, 2003 included as annex D.