Albertsons 2009 Annual Report Download - page 83

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ITEM 13. CERTAIN RELATIONSHIPS AND RELATED TRANSACTIONS, AND DIRECTOR
INDEPENDENCE
The information called for by Item 13, as to director independence, is incorporated by reference to the
Company’s definitive Proxy Statement to be filed with the SEC pursuant to Regulation 14A in connection
with the Company’s 2009 Annual Meeting of Stockholders under the heading “Board Practices—Director
Independence.” The information called for by Item 13, as to related person transactions, is incorporated by
reference to the Company’s definitive Proxy Statement to be filed with the SEC pursuant to Regulation 14A in
connection with the Company’s 2009 Annual Meeting of Stockholders under the heading “Board Practices—
Policy and Procedures Regarding Transactions with Related Persons.”
ITEM 14. PRINCIPAL ACCOUNTANT FEES AND SERVICES
The information called for by Item 14 is incorporated by reference to the Company’s definitive Proxy
Statement to be filed with the SEC pursuant to Regulation 14A in connection with the Company’s 2009
Annual Meeting of Stockholders under the heading “Independent Registered Public Accountants’ Fees.”
PART IV
ITEM 15. EXHIBITS AND FINANCIAL STATEMENT SCHEDULES
(a)(1) Financial Statements:
The consolidated financial statements to the Company listed in the accompanying “Index of
Financial Statements and Schedules” together with the reports of KPMG LLP, independent
registered public accountants, are filed as part of this Annual Report on Form 10-K.
(2) Financial Statement Schedules:
The consolidated financial statement schedule to the Company listed in the accompanying
“Index of Financial Statements and Schedules.”
(3) Exhibits:
(2) Plan of Acquisition, Reorganization, Arrangement, Liquidation or Succession:
2.1 Agreement and Plan of Merger, dated January 22, 2006, by and among
Albertson’s Inc., New Aloha Corporation (n/k/a New Albertson’s, Inc.), New
Diamond Sub, Inc., SUPERVALU INC., and Emerald Acquisition Sub, Inc. is
incorporated herein by reference to Annex A of the Registration Statement on
Form S-4 (Registration No. 333-132397-01) of SUPERVALU INC. and New
Albertson’s, Inc., filed on April 28, 2006.
(3) Articles of Incorporation and Bylaws:
3.1 Restated Certificate of Incorporation is incorporated herein by reference to
Exhibit (3)(i) to the Company’s Annual Report on Form 10-K for the year ended
February 28, 2004.
3.2 Restated Bylaws, as amended, is incorporated herein by reference to Exhibit 3.1
to the Company’s Current Report on Form 8-K filed with the SEC on Decem-
ber 3, 2008.
(4) Instruments defining the rights of security holders, including indentures:
4.1 Indenture dated as of July 1, 1987, between the Company and Bankers Trust
Company, as Trustee, is incorporated herein by reference to Exhibit 4.1 to the
Company’s Registration Statement on Form S-3 (Registration No. 33-52422).
4.2 First Supplemental Indenture dated as of August 1, 1990, between the Company
and Bankers Trust Company, as Trustee, to Indenture dated as of July 1, 1987,
between the Company and Bankers Trust Company, as Trustee, is incorporated
herein by reference to Exhibit 4.2 to the Company’s Registration Statement on
Form S-3 (Registration No. 33-52422).
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