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PART IV
Item 15. Exhibits, Financial Statement Schedules, and Reports on Form 8-K.
(a) Documents filed as part of this Report
(1) Financial Statements
1. Report of Independent Auditors
2. Consolidated Balance Sheets as of December 31, 2002 and 2003
3. Consolidated Statements of Operations for the years ended December 31, 2001, 2002 and 2003
4.
Consolidated Statements of Stockholders' Equity and Comprehensive Loss for the years ended December 31, 2001, 2002
and 2003
5. Consolidated Statements of Cash Flows for the years ended December 31, 2001, 2002 and 2003
6. Notes to Consolidated Financial Statements
(2) Financial Statement Schedules
The Financial Statement Schedule(s) described in Regulation S-X are omitted from this Report because they are either not
required under the related instructions or are inapplicable.
(3) Listing of Exhibits
44
3.1 — Second Amended and Restated Certificate of Incorporation of EarthLink, Inc. (incorporated by reference to Exhibit 3.1 to the
Registration Statement on Form S
-
3 of EarthLink, Inc.
—
File No. 333
-
109691).
3.2
—
Amended and Restated Bylaws of EarthLink, Inc. (incorporated by reference to Exhibit 3.2 to the Registration Statement on
Form S
-
3 of EarthLink, Inc.
—
File No. 333
-
109691).
4.1
—
Specimen Common Stock Certificate (incorporated by reference to Exhibit 4.3 of the Registration Statement on Form S-8 of
EarthLink, Inc.
—
File No. 333
-
30024).
4.2
—
Rights Agreement, dated as of August 6, 2002, between EarthLink, Inc. and American Stock Transfer and Trust Co.
(incorporated by reference to Exhibit 4.1 to EarthLink, Inc.'s Form 8
-
K, dated August 6, 2002
—
File No. 001
-
15605).
10.1
—
EarthLink, Inc. Stock Incentive Plan, as amended (incorporated by reference to Exhibit 4.4 of EarthLink, Inc.'s Post Effective
Amendment to Registration Statement on Form S
-
8
—
File No. 333
-
39456).
10.2
—
EarthLink, Inc. Equity Plan for Non-Employee Directors, as amended (incorporated by reference to Exhibit 4.4 of
EarthLink, Inc.'s Post Effective Amendment to Registration Statement on Form S
-
8
—
File No. 333
-
108065).
10.3
—
EarthLink, Inc. Deferred Compensation Plan for Directors and Certain Key Employees (incorporated by reference to
Exhibit 4.5 of EarthLink, Inc.'s Post Effective Amendment to Registration Statement on Form S
-
8
—
File No. 333
-
108065).
10.4
—
1995 Stock Option Plan and Form of Stock Option Agreement (incorporated by reference to Exhibit 4.4 of EarthLink, Inc.'s
Registration Statement on Form S
-
8
—
File No. 333
-
30024).
10.5
—
MindSpring Enterprises, Inc. 1995 Stock Option Plan, as amended (incorporated by reference to Exhibit 4.5 of EarthLink, Inc.'s
Registration Statement on Form S
-
8
—
File No. 333
-
30024).
10.6
—
MindSpring Enterprises, Inc. 1995 Directors Stock Option Plan, as amended (incorporated by reference to Exhibit 4.6 of
EarthLink, Inc.'s Registration Statement on Form S
-
8
—
File No. 333
-
30024).
10.7
—
EarthLink, Inc. Employee Stock Purchase Plan (incorporated by reference to Exhibit 99.1 of EarthLink, Inc.'s Registration