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Form 10-K
http://www.sec.gov/Archives/edgar/data/949373/000119312509042707/d10k.htm[9/11/2014 10:10:56 AM]
Name Age Position
Jeffery J. O’ Neill 52 President, Chief Executive Officer and Director
Daniel J. Dominguez 63 Chief Operating Officer
Richard P. Dutkiewicz 53 Chief Financial Officer
Jill B.W. Sisson 61 General Counsel and Secretary
Jeffrey J. O’Neill. Mr. O’ Neill joined us in December 2008 when he was appointed President and Chief Executive Officer. Previously, from
January 2008 to October 2008, Mr. O’ Neill was Chief Executive Officer of Priszm Income Fund, a publicly traded Canadian restaurant income
trust with a portfolio of popular brands such as Pizza Hut and Taco Bell, which is also one of the largest independent KFC franchisees in the world.
Prior to that, from April 2005 until January 2008, Mr. O’ Neill was President and Chief Operating Officer of Priszm. Mr. O’ Neill began his career
in Brand Marketing with The Quaker Oats Company. In April 1999, he joined PepsiCo as the President of Pepsi Cola Canada. In 2002 PepsiCo
acquired the Quaker Oats Company and in January 2003 Mr. O’ Neill returned to his old company in Chicago to help lead the integration of the
Quaker Oats/Gatorade acquisition. Mr. O’ Neill has an Honors Bachelor of Business degree from the University of Ottawa.
Daniel J. Dominguez. Mr. Dominguez was appointed Chief Operating Officer in December 2005. Mr. Dominguez joined us in
November 1995 and served as Senior Vice President of Operations for Noah’ s New York Bagels from April 1998 to December 2005. From 1995
to April 1998, Mr. Dominguez served as the Director of Operations for Einstein Bros. Midwest. Prior to joining us, Mr. Dominguez was Executive
Vice President of JB Patt America, Beverly Hills, CA, dba Koo Koo Roo Restaurants, from July 1994 to October 1995. From May 1987 to
July 1994, he was the Divisional Vice President of Food Services for Carter
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Table of Contents
Hawley Hale in San Francisco, California. From November 1976 to May 1987 he was the Vice President of Operations for Bakers Square
Restaurants in California.
Richard P. Dutkiewicz. Mr. Dutkiewicz joined us in October 2003 as Chief Financial Officer. From May 2003 to October 2003,
Mr. Dutkiewicz was Vice President—Information Technology of Sirenza Microdevices, Inc. In May 2003, Sirenza Microdevices, Inc. acquired
Vari-L Company, Inc. From January 2001 to May 2003, Mr. Dutkiewicz was Vice President—Finance, and Chief Financial Officer of Vari-L
Company, Inc. From April 1995 to January 2001, Mr. Dutkiewicz was Vice President—Finance, Chief Financial Officer, Secretary and Treasurer
of Coleman Natural Products, Inc., located in Denver, Colorado. Mr. Dutkiewicz’ s previous experience includes senior financial management
positions at Tetrad Corporation, MicroLithics Corporation and various divisions of United Technologies Corporation. Mr. Dutkiewicz began his
career as an Audit Manager at KPMG LLP. Mr. Dutkiewicz received a B.B.A. degree from Loyola University of Chicago.
Jill B. W. Sisson. Ms. Sisson joined us as a consultant in December 2003. She most recently served as General Counsel and Secretary of
Graphic Packaging International Corporation from September 1992 until its merger with Riverwood Holding, Inc. in August 2003. From 1974 to
September 1992, she engaged in private law practice in Denver, Colorado. She has a B.A. degree from Middlebury College and received her J.D.
degree from the University of Colorado Law School.
ITEM 1A. RISK FACTORS
We wish to caution our readers that the following important factors, among others, could cause the actual results to differ materially from
those indicated by forward-looking statements made in this report and from time to time in news releases, reports, proxy statements, registration
statements and other written communications, as well as verbal forward-looking statements made from time to time by representatives of the
Company. Such forward-looking statements involve risks and uncertainties that may cause our actual results, performance or achievements to be
materially different from any future performance or achievements expressed or implied by these forward-looking statements. Factors that might
cause actual events or results to differ materially from those indicated by these forward-looking statements may include matters such as future
economic performance, restaurant openings or closings, operating margins, the availability of acceptable real estate locations, the sufficiency of our
cash balances and cash generated from operating and financing activities for our future liquidity and capital resource needs, and other matters, and
are generally accompanied by words such as: believes, anticipates, plans, intends, estimates, predicts, targets, expects, contemplates and similar
expressions that convey the uncertainty of future events or outcomes. An expanded discussion of some of these risk factors follows.
Risk Factors Relating to Our Business and Our Industry
General economic conditions have affected, and could continue to affect, discretionary consumer spending, particularly spending for meals
prepared away from home.
International, national and local economic conditions, including credit and mortgage markets, energy costs, lay-offs, foreclosure rates,
bankruptcies, and similar adverse economic news and factors affect discretionary consumer spending. These factors could reduce consumers’