Einstein Bros 2011 Annual Report Download - page 73

Form 10-K
http://www.sec.gov/Archives/edgar/data/949373/000119312512092597/d260635d10k.htm[9/11/2014 10:08:30 AM]
incorporated by reference to Exhibit 10.7 to the Company’ s Current Report on Form 8-K filed May 5, 2011.
10.6A+
New World Restaurant Group, Inc. Stock Appreciation Rights Plan is hereby incorporated by reference to Exhibit 4.1 to the
Company’ s Registration Statement on Form S-8 filed February 20, 2007.
10.6B+
Form of Stock Appreciation Rights Agreement is hereby incorporated by reference to Exhibit 4.2 to the Company’ s Registration
Statement on Form S-8 filed February 20, 2007.
10.7+
Einstein Noah Restaurant Group, Inc. Nonqualified Deferred Compensation Plan is hereby incorporated by reference to Exhibit
10.15 to the Company’ s Annual Report on Form 10-K for the fiscal year ended January 1, 2008.
10.8+
Jeffrey J. O’ Neill Offer of Employment dated December 3, 2008 is hereby incorporated by reference to Exhibit 10.17 to the
Company’ s Annual Report on Form 10-K for the fiscal year ended December 30, 2008.
10.9+
James O’ Reilly Offer of Employment dated March 24, 2009 is hereby incorporated by reference to Exhibit 10.2 to the Company’ s
Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2009.
10.10+
Emanuel P.N. Hilario Offer of Employment dated May 5, 2010 is hereby incorporated by reference to Exhibit 10.01 to the
Company’ s Current Report on Form 8-K filed May 10, 2010.
10.11+
Rhonda J. Parish Offer of Employment dated January 13, 2010 is hereby incorporated by reference to Exhibit 10.24 to the
Company’ s Annual Report on Form 10-K for the fiscal year ended December 28, 2010.
10.12+
Daniel Dominguez Retirement Agreement, dated February 28, 2011, is hereby incorporated by reference to Exhibit 10.1 to the
Company’ s Quarterly Report on Form 10-Q for the quarter ended March 29, 2011.
10.13
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) is hereby incorporated by reference to Exhibit 10.8 to the Company’ s Annual Report on Form
10-K for the fiscal year ended January 2, 2007.
10.14A
Letter Agreement with Halpern Denny III L.P. regarding the Redemption of Series Z preferred stock is hereby incorporated by
reference to Exhibit 10.1 to the Company’ s Current Report on Form 8-K filed June 2, 2009.
10.14B
Amendment to Letter Agreement Dated May 27, 2009 with Halpern Denny III, L.P. Regarding Redemption of Series Z Preferred
Stock is hereby incorporated by reference to Exhibit 10.01 to the Company’ s Current Report on Form 8-K filed March 19, 2010.
10.15A
Credit Agreement dated as of December 20, 2010, by and among the Registrant, with Bank of America, N.A., as Administrative
Agent, and the Lenders named therein is hereby incorporated by reference to Exhibit 10.22 to the Company’ s Annual Report on
Form 10-K for the fiscal year ended December 28, 2010.
10.15B*
Amendment #1 to Credit Agreement, dated as of November 28, 2011, by and among the Registrant, Bank of America and other
Loan Parties.
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Table of Contents
Exhibit
Number Description
10.16 Guaranty and Security Agreement, dated as of December 20, 2010, by and among the Registrant, the Guarantors named therein
and Bank of America, N.A. is hereby incorporated by reference to Exhibit 10.23 to the Company’ s Annual Report on Form 10-K
for the fiscal year ended December 28, 2010.
21* Subsidiaries of the Registrant
23* 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 3, 2012.
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 3, 2012.
32.1*
Certifications by Chief Executive Officer, Chief Financial Officer, and Chief Accounting Officer pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act.