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These excerpts taken from the GMCR 10-K filed Dec 11, 2008. Securities Registered Pursuant to Section 12(g) of the Act: Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes ¨ No x Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes ¨ No x Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes x No ¨ Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K (§ 229.405 of this chapter) is not contained herein, and will not be contained, to the best of registrants knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. ¨ Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See definitions of large accelerated filer, accelerated filer and smaller reporting company in Rule 12b-2 of the Exchange Act. Large Accelerated Filer ¨ Accelerated Filer x Non-Accelerated Filer ¨ Smaller Reporting Company ¨ Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Act). Yes ¨ No x The aggregate market value of the voting stock of the registrant held by non-affiliates of the registrant on March 29, 2008 was approximately $534,000,000 based upon the closing price of such stock on that date. As of December 2, 2008, 24,564,000 shares of common stock of the registrant were outstanding. Securities Registered Pursuant to Section 12(g) of the Act: STYLE="margin-top:10px;margin-bottom:0px; text-indent:3%">Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the SecuritiesAct. Yes ¨ No x FACE="Times New Roman" SIZE="2">Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes FACE="WINGDINGS">¨ No x Indicate by check mark whether herein, and will not be contained, to the best of registrants knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. FACE="WINGDINGS">¨ Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a Non-Accelerated Filer ¨ Smaller Reporting Company ¨ STYLE="margin-top:10px;margin-bottom:0px; text-indent:3%">Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Act). Yes FACE="WINGDINGS">¨ No x The aggregate market value of the | EXCERPTS ON THIS PAGE:
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