Shutterfly 2008 Annual Report Download - page 71

Incorporated by Reference
Exhibit
Number
Exhibit Description Form File No.
Date of
First Filing
Exhibit
Number
Provided
Herewith
3.01
Registrants
’
Restated Certificate of Incorporation.
S
-
1
333
-
135426
June 29, 2006
3.03
3.02
Registrant
’
s Restated Bylaws.
S
-
1
333
-
135426
June 29, 2006
3.05
4.01
Form of Registrant
’
s common stock certificate.
S
-
1
333
-
135426
June 29, 2006
4.01
4.02
Fifth Amended and Restated Investors’ Rights Agreement, dated as of November 11, 2005, by
and among the Registrant and certain investors of Registrant.
S-1 333-135426 June 29, 2006 4.02
10.01
Form of Indemnity Agreement.
S
-
1
333
-
135426
June 29, 2006
10.01
10.02
1999 Stock Plan and forms of stock option agreement and a stock option exercise agreement.*
S
-
1
333
-
135426
June 29, 2006
10.02
10.03
2006 Equity Incentive Plan and forms of stock option agreement, stock option exercise
agreement, restricted stock agreement, restricted stock unit agreement, stock appreciation right
agreement and stock bonus agreement.*
S-1/A 333-135426 June 29, 2006 10.03
10.04
Lease Agreement, as amended, dated July 5, 1999, by and between the Registrant and Westport
Joint Venture, as amended to date.
S-1 333-135426 June 29, 2006 10.04
10.05
Agreement of Lease, dated as of August 1, 2005, by and between the Registrant and DCT-CA
2004 RN Portfolio L, LP, as amended to date
S-1 333-135426 June 29, 2006 10.05
10.06
Lease, dated as of March 7, 2000, by and between the Registrant and 3168 Corporate Place
Associates, LLC, as amended to date.
S-1 333-135426 June 29, 2006 10.06
10.07
Lease, dated as of April 6, 2000, by and between the Registrant and 3168 Corporate Place
Associates, LLC, as amended to date
S-1 333-135426 June 29, 2006 10.07
10.08
Offer letter dated January 5, 2005 for Jeffrey T. Housenbold.*
S
-
1
333
-
135426
June 29, 2006
10.08
10.09
Offer letter dated June 23, 2004 for Stephen E. Recht.*
S
-
1
333
-
135426
June 29, 2006
10.09
10.10
Offer letter dated July 22, 2001 for Jeannine M. Smith Thomas.*
S
-
1
333
-
135426
June 29, 2006
10.10
10.11
Offer letter dated July 12, 2001 for Andrew F. Young.*
S
-
1
333
-
135426
June 29, 2006
10.11
10.12
Offer letter dated March 25, 2005 for Douglas J. Galen.*
S
-
1
333
-
135426
June 29, 2006
10.12
10.13
Offer letter dated April 3, 2006 for Stanford S. Au.*
S
-
1
333
-
135426
June 29, 2006
10.13
10.14
Supply agreement, dated as of September 15, 2005, by and between Registrant and Fuji Photo
Film U.S.A., Inc.**
S-1 333-135426 June 29, 2006 10.14
10.15 Offer letter dated January 17, 2007 for Dwayne Black.* 10-K 001-33031 March 20, 2007 10.15
10.16
Confidential Separation Agreement and General Release of Claims, dated January 23, 2007, by
and between the Registrant and Jeannine M. Smith Thomas.*
10-K 001-33031 March 20, 2007 10.16
10.17
Confidential Separation Agreement and General Release of Claims, dated January 19, 2007, by
and between the Registrant and Andrew F. Young.*
10-K 001-33031 March 20, 2007 10.17
10.18
Supply Agreement, dated as of April 20, 2007, by and between the Registrant and FujiFilm
U.S.A., Inc. **
10-Q 001-33031 August 1, 2007 10.18
10.19 Offer Letter dated May 17, 2007 for Kathryn E. Olson.* X
10.20
Offer letter dated November 27, 2007 for Mark J. Rubash. *
X
10.21
Confidential Separation Agreement and General Release of Claims, dated December 10, 2007,
by and between the Registrant and Stephen E. Recht.*
X
10.22
Lease Agreement, as amended, dated as of December 22, 2006, by and between the Registrant
and 3915 Shopton Road, LLC, as amended to date.
X
10.23
First Amendment to Lease (Expansion), dated as of April 30, 2007, by and between the
Registrant and Westport Office Park, LLC, as amended to date.
X
21.01
Subsidiaries of the Registrant
X
23.01
Consent of Independent Registered Public Accounting Firm
X
24.01
Power of Attorney. (See page 79 of this Form 10
-
K)
X
31.01
Certification of Chief Executive Officer Pursuant to Securities Exchange Act Rule 13a
-
14(a)
X
31.02
Certification of Chief Financial Officer Pursuant to Securities Exchange Act Rule 13a
-
14(a)
X
32.01
Certification of Chief Executive Officer Pursuant to 18 U.S.C. Section 1350 and Securities
Exchange Act Rule 13a
-
14(b).***
X
32.02
Certification of Chief Financial Officer Pursuant to 18 U.S.C. Section 1350 and Securities
Exchange Act Rule 13a
-
14(b).***
X
*
Represents a management contract or compensatory plan.
**
Confidential treatment has been granted for certain portions of this document pursuant to an application for confidential treatment sent to the Securities and Exchange
Commission. Such portions are omitted from this filing and were filed separately with the Securities and Exchange Commission.
*** This certification is not deemed “filed”
for purposes of Section 18 of the Securities Exchange Act, or otherwise subject to the liability of that section. Such certification will not be
deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Securities Exchange Act of 1934, except to the extent that Shutterfly specifically
incorporates it by reference.
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