Einstein Bros 2009 Annual Report Download - page 16

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Form 10-K
http://www.sec.gov/Archives/edgar/data/949373/000119312510040721/d10k.htm[9/11/2014 10:09:50 AM]
Total
428
255
683
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ITEM 3. LEGAL PROCEEDINGS
We are subject to claims and legal actions in the ordinary course of business, including claims by or against our franchisees, licensees and
employees or former employees and/or contract disputes. We do not believe any currently pending or threatened matter would have a material
adverse effect on our business, results of operations or financial condition.
On August 31, 2007, the Company was served in an action brought by Fiera Foods Company (“Fiera”) in the Superior Court of Justice of
Ontario, Canada. Fiera claimed that the Company failed to negotiate in good faith for a frozen bagel dough supply agreement, which was not
concluded, and made misrepresentations in the negotiations. Fiera sought damages of $17.0 million (Canadian) as well as interest and costs. The
Company and Fiera executed and filed Minutes of Settlement with the Ontario Court to dismiss the lawsuit and through the execution of a new
supply agreement have resolved their differences with regard to this matter.
ITEM 4. SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS
No items were submitted to a vote of security holders in the fourth quarter of the fiscal year ended December 29, 2009.
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PART II
ITEM 5. MARKET FOR REGISTRANT’S COMMON EQUITY, RELATED STOCKHOLDER MATTERS AND ISSUER
PURCHASES OF EQUITY SECURITIES
Our common stock is traded on the NASDAQ Global Market under the symbol “BAGL”. The following table sets forth the high and low
sale prices for our common stock for each fiscal quarter during the periods indicated.
High Low
Year ended December 29, 2009 (fiscal 2009):
First Quarter $ 7.56 $4.24
Second Quarter $11.37 $5.74
Third Quarter $14.24 $8.70
Fourth Quarter $13.31 $8.69
High Low
Year ended December 30, 2008 (fiscal 2008):
First Quarter $19.17 $8.35
Second Quarter $15.46 $9.30
Third Quarter $15.04 $9.07
Fourth Quarter $10.59 $2.50
As of February 22, 2010, there were 316 holders of record of our common stock. This number does not include individual stockholders who
own common stock registered in the name of a nominee under nominee security listings.
We have not declared or paid any cash dividends on our common stock since our inception. We do not intend to pay any cash dividends in
the foreseeable future, and we are precluded from paying cash dividends on our common stock under our financing agreements.
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