Whole Foods 2008 Annual Report Download - page 81

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75
PART IV
Item 15. Exhibits, Financial Statement Schedules.
(a) The following documents are filed as part of this report:
(1) Consolidated Financial Statements: See Item 8. Financial Statements and Supplementary Data.
(2) Financial Statement Schedules: No schedules are required.
(3) Exhibits are incorporated herein by reference or are filed with this report as indicated below
(b) Exhibits
3.1 Amended and Restated Articles of Incorporation of the Registrant (5)
3.2 Amended and Restated By-laws of the Registrant adopted August 13, 2008 (7)
4.1 Form of Zero Coupon Convertible Subordinated Debentures Due 2018 (3)
10.1 Form of Retention Agreement between the executive officers of the Registrant and the Registrant (2)
10.2 Form of amendment to Retention Agreement (1)
10.3 Form of Director & Officer Indemnification Agreement (6)
10.4 1993 Team Member Stock Ownership Plan (1)
10.5 1993 Team Member Stock Purchase Plan (1)
10.6 1992 Stock Option Plan for Team Members, as amended (1)
10.7 1992 Stock Option Plan for Outside Directors (1)
10.8 2007 Stock Incentive Plan (10)
10.9 Amendment No. One to the Whole Foods Market 2007 Stock Incentive Plan (7)
10.10 2007 Team Member Stock Purchase Plan (11)
10.11 Agreement for Distribution of Products by and between Whole Foods Market Distribution, Inc. and United
Natural Foods, Inc. (Portions of this agreement have been omitted pursuant to a request for confidential treatment
filed with the Securities and Exchange Commission) (8)
10.12 Agreement and Plan of Merger dated as of February 21, 2007, by and among Registrant and Wild Oats Markets,
Inc. (4)
10.13 Term Loan Agreement dated August 28, 2007 by and among Registrant, Royal Bank of Canada; JPMorgan Chase
Bank, N.A.; Wells Fargo Bank, N.A.; Wachovia Bank, N.A.; LaSalle Bank Midwest, N.A.; RBC Capital
Markets; and J.P. Morgan Securities Inc. (9)
10.14 Revolving Credit Agreement dated August 28, 2007 by and among Registrant, JPMorgan Chase Bank, N.A.;
Royal Bank of Canada; Wells Fargo Bank, N.A.; J.P. Morgan Securities Inc.; and RBC Capital Markets (9)
10.15 First Amendment, dated June 2, 2008, of Revolving Credit Agreement dated August 28, 2007 by and among
Registrant, JPMorgan Chase Bank, N.A.; Royal Bank of Canada; Wells Fargo Bank, N.A.; J.P. Morgan Securities
Inc.; and RBC Capital Markets (Portions of this Agreement have been omitted pursuant to a request for
Confidential Treatment filed with the Securities and Exchange Commission) (7)
12.1 Computation of Ratio of Earnings to Fixed Charges (12)
21.1 Subsidiaries of the Registrant (12)
23.1 Consent of Ernst & Young LLP (12)
31.1 Certification by Chief Executive Officer pursuant to 17 CFR 240.13a-14(a) (12)
31.2 Certification by Chief Financial Officer pursuant to 17 CFR 240.13a-14(a) (12)
32.1 Certification by Chief Executive Officer pursuant to 18 U.S.C. Section 1350 (12)
32.2 Certification by Chief Financial Officer pursuant to 18 U.S.C. Section 1350 (12)
(1) Filed as an exhibit to Registration Statement on Form S-4 (No. 33-63824) and incorporated herein by reference.
(2) Filed as an exhibit to Registration Statement on Form S-1 (No. 33-44214) and incorporated herein by reference.
(3) Filed as an exhibit to Registration Statement on Form S-3, filed April 30, 1998 (No. 333-51419) and
incorporated herein by reference.
(4) Filed as an exhibit to Registrant’s Form 8-K filed February 21, 2007 and incorporated herein by reference.
(5) Filed as an exhibit to Registrant’s Form 10-Q for the period ended April 9, 2006 filed May 19, 2006 and
incorporated herein by reference.
(6) Filed as an exhibit to Registrant’s Form 10-Q for the period ended January 20, 2008 filed February 29, 2008
and incorporated herein by reference.
(7) Filed as an exhibit to Registrant’s Form 10-Q for the period ended July 6, 2008 filed August 15, 2008 and
incorporated herein by reference