Express 2013 Annual Report Download - page 19

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Table of Contents
•authorize the issuance of undesignated preferred stock, the terms of which may be established, and the shares of which may be issued without
stockholder approval, and which may include super voting, special approval, dividend, or other rights or preferences superior to the rights of the
holders of common stock;
•prohibit stockholder action by written consent, which requires all stockholder actions to be taken at a meeting of our stockholders; and
•establish advance notice requirements for nominations for elections to our Board of Directors or for proposing matters that can be acted upon by
stockholders at stockholder meetings.
Our certificate of incorporation also contains a provision that provides us with protections similar to Section 203 of the Delaware General Corporate Law, that
will prevent us from engaging in a business combination with a person who acquires at least 15% of our common stock for a period of 3 years from the date
such person acquired such common stock, unless Board of Directors or stockholder approval is obtained prior to the acquisition. These antitakeover
provisions and other provisions under Delaware law could discourage, delay, or prevent a transaction involving a change in control of our company, even if
doing so would benefit our stockholders. These provisions could also discourage proxy contests and make it more difficult for you and other stockholders to
elect directors of your choosing and to cause us to take other corporate actions you desire.

None.


The lease for our executive office space in Columbus, Ohio is scheduled to terminate April 30, 2016, but may be extended by us for an additional five years
through April 2021. The lease for our design offices in New York City expires in July 2026.
The lease for our distribution facility is scheduled to terminate in April 2021, but may be terminated by either party upon 36 months prior notice provided that
the lease term may not end prior to April 2017 or between the months of October and February.

All of our 632 stores are leased from third parties. See "Item 1. Business - Our Stores" for further information on the location of our stores.
We may from time to time lease new facilities or vacate existing facilities as our operations require, including in connection with opening new stores.

Information relating to legal proceedings is set forth in Note 14 to our Consolidated Financial Statements included in "Item 8. Financial Statements and
Supplementary Data" in Part II of this Annual Report on Form 10-K and is incorporated herein by reference.

Not applicable.
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