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BBBY » Topics » No Intent to Mislead Auditors or Outside Counsel or Create False Documents

This excerpt taken from the BBBY 8-K filed Oct 10, 2006.

No Intent to Mislead Auditors or Outside Counsel or Create False Documents

·                                          The special committee determined there was no intent to mislead auditors or outside counsel.

·                                          The special committee determined that there was no intent to create false or misleading documents; there was no evidence of “fictitious grants.”

·                                          Grants to Senior Persons were documented prior to 2005 with unanimous written consents prepared by outside counsel.  The consents were dated “as of” the grant dates and did not purport to be signed on the actual grant dates.  There was a belief by counsel and those signing the consents that the process used was consistent with the grant of options at fair market value on the date of grant.

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