Einstein Bros 2008 Annual Report Download - page 67

Form 10-K
http://www.sec.gov/Archives/edgar/data/949373/000119312509042707/d10k.htm[9/11/2014 10:10:56 AM]
10.8
Second Amendment to the New World Restaurant Group Inc. Stock Option Plan for (Non-Employee) Independent Directors (12)+
10.9 Consulting Agreement between Registrant and Jill B.W. Sisson effective as of December 8, 2003(5)+
10.10
Rights Agreement between Registrant and American Stock Transfer and Trust Company, as Rights Agent, dated as of June 7, 1999.
(2)
10.11
Approved Supplier Agreement dated as of November 30, 2006, by and among New World Restaurant Group, Inc., Einstein and Noah
Corp., Manhattan Bagel Company, Inc., and Harlan Bagel Supply Company, LLC, and Harlan Bakeries, Inc. (Certain information
contained in this exhibit has been omitted and filed separately with the Commission pursuant to a confidential treatment request under
Rule 24b-2) (11)
10.12
Amended and Restated Credit Agreement dated June 28, 2007, among the Registrant, Bear, Stearns & Co. Inc. (“Bear Stearns”), as
sole lead arranger, Wells Fargo Foothill, Inc., as administrative agent and the other lenders from time to time parties thereto (15)
10.13 New World Restaurant Group, Inc. Stock Appreciation Rights Plan (10)+
10.14 James W. Hood Stock Award Agreement (14)+
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Table of Contents
Exhibit
No. Description
10.15 Einstein Noah Restaurant Group, Inc. Nonqualified Deferred Compensation Plan (16)+
10.16 Paul J.B. Murphy, III Executive Separation Agreement dated December 3, 2008 * +
10.17 Jeffrey J. O’ Neill Offer of Employment dated December 3, 2008 * +
21.1 List of Subsidiaries*
23.1 Consent of Grant Thornton LLP*
31.1
Certification of Chief Executive Officer of the Registrant pursuant to Section 302 of the Sarbanes-Oxley Act of 2002, with respect to
the Registrant’ s Annual Report on Form 10-K for the year ended January 1, 2008*
31.2
Certification of Chief Financial Officer of the Registrant pursuant to Section 302 of the Sarbanes-Oxley Act of 2002, with respect to
the Registrant’ s Annual Report on Form 10-K for the year ended January 1, 2008*
32.1
Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-
Oxley Act**
32.2
Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act**
32.3
Certification of Principal Accounting Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-
Oxley Act**
*Filed herewith.
** Furnished herewith.
+Management contract.
(1) Incorporated by reference from Registrant’ s Registration Statement on Form SB-2 (33-95764).
(2) Incorporated by reference from Registrant’ s Current Report on Form 8-K dated June 7, 1999.
(3) Incorporated by reference from Registrant’ s Annual Report on Form 10-K for the Fiscal Year Ended December 31, 2002, filed on May 14,
2003.
(4) Incorporated by reference from Registrant’ s Schedule 14A, filed on September 10, 2003 included as schedule 1 to annex B.
(5) Incorporated by reference from Registrant’ s Annual Report on Form 10-K for the Fiscal Year Ended December 30, 2003, filed on March 26,
2004.
(6) Incorporated by reference from Registrant’ s Schedule 14A, filed on April 29, 2005 included as annex A.
(7) Incorporated by reference from Registrant’ s Schedule 14A, filed on April 29, 2005 included as annex B.
(8) Incorporated by reference from Registrant’ s Schedule 14A, filed on April 29, 2005 included as annex C.