Einstein Bros 2005 Annual Report Download - page 57

http://www.sec.gov/Archives/edgar/data/949373/000110465906016136/a06-3178_110k.htm[9/11/2014 10:13:03 AM]
(2)
Financial Statement Schedules
See Page 72 for Schedule II—Valuation and Qualifying Accounts. All other financial statement schedules are omitted because they are not
required or are not applicable.
(3) Exhibits
No. Description
3.1 Restated Certificate of Incorporation(3)
3.11
Amendment to Restated Certificate of Incorporation(10)
3.12
Amendment to Restated Certificate of Incorporation(11)
3.13
Amendment to Restated Certificate of Incorporation(12)
3.14
Amendment to Restated Certificate of Incorporation(13)
3.15
Amendment to Restated Certificate of Incorporation(14)
3.16
Amendment to Restated Certificate of Incorporation(15)
3.2
Third Amended By-laws(1)
3.3
Amendments to By-laws(7)
4.1
Specimen Common Stock Certificate of Registrant(18)
4.2
New World Restaurant Group, Inc. Certificate of Designation, Preferences and Rights of Series Z
Preferred Stock(9)
10.1
1994 Stock Plan(1)+
10.2
Directors’ Option Plan(1)+
10.3
Executive Employee Incentive Plan(20)+
10.4
Amendment to Executive Employee Incentive Plan (21)+
10.5
Stock Option Plan for Independent Directors(22)+
10.6
Amendment to Stock Option Plan for Independent Directors (23)+
10.7
Consulting Agreement between Registrant and Jill B.W. Sisson effective as of December 8, 2003(18)+
10.8
Rights Agreement between Registrant and American Stock Transfer & Trust Company, as Rights Agent
dated as of June 7, 1999(2)
10.9
Amendment No. 1 to Warrant Agreement dated as of March 15, 2002 between Registrant and The Bank
of New York, as successor in interest to the United States Trust Company of New York(8)
10.10
Escrow Deposit Agreement dated as of June 10, 2003, between Registrant and The Bank of New York, as
Trustee(8)
10.11
Indenture dated as of July 8, 2003, by and among Registrant, the Subsidiary Guarantors and The Bank of
New York, as Trustee(8)
10.12
144A Global Note (including guarantees thereon) by and among Registrant, the Subsidiary Guarantors and
The Bank of New York, as Trustee(8)
10.13
IAI Global Note (including guarantees thereon) by and among Registrant, the Subsidiary Guarantors and
The Bank of New York, as Trustee(8)
10.14
Pledge and Security Agreement dated as of July 8, 2003, by and among Registrant, the Subsidiary
Guarantors and The Bank of New York, as Trustee(8)
75
10.15
Patent Security Agreement dated as of July 8, 2003, by and among Registrant and the Subsidiary
Guarantors, in favor of The Bank of New York, as Collateral Agent(8)
10.16
Trademark Security Agreement dated as of July 8, 2003, between Registrant and The Bank of New York,
as Collateral Agent(8)
10.17
Trademark Security Agreement dated as of July 8, 2003, between Chesapeake Bagel Franchise Corp. and
The Bank of New York, as Collateral Agent(8)
10.18
Trademark Security Agreement dated as of July 8, 2003, between Einstein/Noah Bagel Partners, Inc. and
The Bank of New York, as Collateral Agent(8)
10.19
Trademark Security Agreement dated as of July 8, 2003, between Einstein and Noah Corp. and The Bank
of New York, as Collateral Agent(8)
10.20
Trademark Security Agreement dated as of July 8, 2003, between Manhattan Bagel Company, Inc. and
The Bank of New York, as Collateral Agent(8)
10.21
Loan and Security Agreement dated as of July 8, 2003, by and among Registrant and certain of its