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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]
ITEM 13. CERTAIN RELATIONSHIPS AND RELATED TRANSACTIONS, AND DIRECTOR INDEPENDENCE
This information will be included in our 2010 Proxy Statement, which will be filed within 120 days after the close of the 2009 fiscal year,
and is hereby incorporated by reference.
ITEM 14. PRINCIPAL ACCOUNTANT FEES AND SERVICES
This information will be included in our 2010 Proxy Statement, which will be filed within 120 days after the close of the 2009 fiscal year,
and is hereby incorporated by reference.
79
Table of Contents
PART IV
ITEM 15. EXHIBITS AND FINANCIAL STATEMENT SCHEDULES
(1) Financial Statements
See the Index to Consolidated Financial Statements included in Part II, Item 8 for a list of the financial statements included in this Form 10-
K.
(2) Financial Statement Schedules
See the end of Part II, Item 8 for Schedule II—Valuation and Qualifying Accounts. All other financial statement schedules are omitted
because they are not required or are not applicable.
(3) Exhibits
Exhibit
No. Description
3.1 Restated Certificate of Incorporation (16)
3.2 Third Amended By-laws (1)
3.3 Amendments to By-laws (2)
4.2 New World Restaurant Group, Inc. Certificate of Designation, Preferences and Rights of Series Z Preferred Stock (3)
10.1 1994 Stock Plan (1)+
10.2 Directors’ Option Plan (1)+
10.3 Executive Employee Incentive Plan (4)+
10.4 Second Amendment to Executive Employee Incentive Plan (5)+
10.5 Third Amendment to the New World Restaurant Group, Inc. 2004 Executive Employee Incentive Plan (11)+
10.6 Stock Option Plan for Independent Directors (6)+
10.7 Amendment to Stock Option Plan for Independent Directors (7)+
10.8 Second Amendment to the New World Restaurant Group Inc. Stock Option Plan for (Non-Employee) Independent Directors (10)+
10.9
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) (9)
10.10
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 (12)
10.11 New World Restaurant Group, Inc. Stock Appreciation Rights Plan (8)+
10.12 Einstein Noah Restaurant Group, Inc. Nonqualified Deferred Compensation Plan (13)+
10.13 Paul J.B. Murphy, III Executive Separation Agreement dated December 3, 2008 (14)+