Whole Foods 2010 Annual Report Download - page 64

Download and view the complete annual report

Please find page 64 of the 2010 Whole Foods annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 68

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68

58
PART IV
Item 15. Exhibits and Financial Statement Schedules.
(a) The following documents are filed as part of this report:
(1) Consolidated Financial Statements: See Item 8. Financial Statements and Supplementary Data.
(2) Financial Statement Schedules: No schedules are required.
(3) Exhibits are incorporated herein by reference or are filed with this report as indicated below.
(b) Exhibits
3.1 Amended and Restated Articles of Incorporation of the Registrant, dated March 24, 2006 (9)
3.2 Articles of Amendment to the Amended and Restated Articles of Incorporation of the Registrant, dated April 13,
2009 (9)
3.3 Amended and Restated By-laws of the Registrant adopted August 13, 2008 (5)
3.4 Amended and Restated By-laws of the Registrant adopted September 8, 2010, effective January 1, 2011 (4)
4.1 Series A Preferred Stock Registration Rights Agreement (2)
4.2 Form of Series A Preferred Stock Certificate (2)
10.1 1993 Team Member Stock Purchase Plan (1)
10.2 2007 Stock Incentive Plan (10)
10.3 Amendment No. One to the Whole Foods Market 2007 Stock Incentive Plan (5)
10.4 2009 Stock Incentive Plan (12)
10.5 2007 Team Member Stock Purchase Plan (11)
10.6 Form of Executive Retention Plan and Non-Compete Arrangement by and between the executive leadership team
of the Registrant and the Registrant (7)
10.7 Form of Director & Officer Indemnification Agreement (3)
10.8 Agreement for Distribution of Products by and between Whole Foods Market Distribution, Inc. and United
Natural Foods, Inc. (Portions of this agreement have been omitted pursuant to a request for confidential treatment
filed with the Securities and Exchange Commission) (8)
10.9 First Amendment, dated June 2, 2010, to the Agreement for Distribution of Products by and between Whole
Foods Market Distribution, Inc. and United Natural Foods, Inc. (Portions of this agreement have been omitted
pursuant to a request for Confidential Treatment filed with the Securities Exchange Commission) (7)
10.10 Term Loan Agreement dated August 28, 2007 by and among Registrant, Royal Bank of Canada; JPMorgan Chase
Bank, N.A.; Wells Fargo Bank, N.A.; Wachovia Bank, N.A.; LaSalle Bank Midwest, N.A.; RBC Capital
Markets; and J.P. Morgan Securities Inc. (Portions of this Agreement have been omitted pursuant to a request for
Confidential Treatment filed with the Securities and Exchange Commission) (6)
10.11 Revolving Credit Agreement dated August 28, 2007 by and among Registrant, JPMorgan Chase Bank, N.A.;
Royal Bank of Canada; Wells Fargo Bank, N.A.; J.P. Morgan Securities Inc.; and RBC Capital Markets (Portions
of this Agreement have been omitted pursuant to a request for Confidential Treatment filed with the Securities
and Exchange Commission) (6)
10.12 First Amendment, dated June 2, 2008, of Revolving Credit Agreement dated August 28, 2007 by and among
Registrant, JPMorgan Chase Bank, N.A.; Royal Bank of Canada; Wells Fargo Bank, N.A.; J.P. Morgan Securities
Inc.; and RBC Capital Markets (Portions of this Agreement have been omitted pursuant to a request for
Confidential Treatment filed with the Securities and Exchange Commission) (5)
10.13 Securities Purchase Agreement dated November 5, 2008, among Whole Foods Market, Inc., Green Equity
Investors V, L.P., Green Equity Investors Side V, L.P. and Thyme Coinvest, LLC (2)
10.14 Amendment No. 1, dated April 12, 2009, to the Securities Purchase Agreement dated November 5, 2008, among
Whole Foods Market, Inc., Green Equity Investors V, L.P., Green Equity Investors Side V, L.P. and Thyme
Coinvest, LLC (3)
12.1 Computation of Ratio of Earnings to Fixed Charges (13)
21.1 Subsidiaries of the Registrant (13)
23.1 Consent of Ernst & Young LLP (13)
31.1 Certification by Co-Chief Executive Officer pursuant to 17 CFR 240.13a-14(a) (13)
31.2 Certification by Co-Chief Executive Officer pursuant to 17 CFR 240.13a-14(a) (13)
31.3 Certification by Chief Financial Officer pursuant to 17 CFR 240.13a-14(a) (13)
32.1 Certification by Co-Chief Executive Officer pursuant to 18 U.S.C. Section 1350 (13)
32.2 Certification by Co-Chief Executive Officer pursuant to 18 U.S.C. Section 1350 (13)
32.3 Certification by Chief Financial Officer pursuant to 18 U.S.C. Section 1350 (13)