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EXHIBIT INDEX TO ANNUAL REPORT ON FORM 10-K
FOR THE
FISCAL YEAR ENDED FEBRUARY 1, 2009
EXHIBIT NUMBER EXHIBIT DESCRIPTION
ARTICLES OF INCORPORATION AND BYLAWS
3.1 Restated Articles of Incorporation (incorporated by reference to Exhibit 3.1 to the
Company’s Quarterly Report on Form 10-Q for the period ended October 29, 1995 as
filed with the Commission on December 13, 1995, File No. 000-12704)
3.2 Certificate of Amendment of Restated Articles of Incorporation (incorporated by
reference to Exhibit 3.1A to the Company’s Annual Report on Form 10-K for the
fiscal year ended January 30, 2000 as filed with the Commission on May 1, 2000, File
No. 001-14077)
3.3 Certificate of Amendment of Restated Articles of Incorporation, as Amended, of the
Company, dated April 29, 2002 (incorporated by reference to Exhibit 3.3 to the
Company’s Quarterly Report on Form 10-Q for the period ended August 1, 2004 as
filed with the Commission on September 10, 2004, File No. 001-14077)
3.4 Certificate of Amendment of Restated Articles of Incorporation, as Amended, of the
Company, dated as of July 22, 2003 (incorporated by reference to Exhibit 3.1 to the
Company’s Quarterly Report on Form 10-Q for the period ended August 3, 2003 as
filed with the Commission on September 11, 2003, File No. 001-14077)
3.5 Amended and Restated Bylaws of Registrant (incorporated by reference to Exhibit 3.1
to the Company’s Current Report on Form 8-K as filed with the Commission on
May 22, 2007, File No. 001-14077)
FINANCING AGREEMENTS
10.1 Fourth Amended and Restated Credit Agreement, dated October 4, 2006, between the
Company and Bank of America, N.A., as administrative agent, L/C Issuer and lender
of swing line advances, Banc of America Securities LLC, as sole lead arranger and
sole book manager, The Bank of New York and Wells Fargo Bank N.A., as
co-syndication agents, JPMorgan Chase Bank, N.A. and Union Bank of California,
N.A., as co-documentation agents, and the lenders party thereto (incorporated by
reference to Exhibit 10.1 to the Company’s Quarterly Report on Form 10-Q for the
fiscal quarter ended October 29, 2006 as filed with the Commission on December 8,
2006, File No. 001-14077)
10.2 Amendment No. 1 to Fourth Amended and Restated Credit Agreement, dated as of
December 3, 2008, by and among Company, Bank of America, N.A., as
Administrative Agent, L/C Issuer and lender of swingline advances, each of the
lenders party thereto, and each of the subsidiary guarantors party thereto
(incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form
8-K as filed with the Commission on December 4, 2008, File No. 001-14077)
10.3 Reimbursement Agreement between the Company and Bank of America, N.A., dated
as of July 1, 2005 (incorporated by reference to Exhibit 10.2 to the Company’s
Quarterly Report on Form 10-Q for the period ended July 31, 2005 as filed with the
Commission on September 9, 2005, File No. 001-14077)
74