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EXHIBIT INDEX
*
Incorporated by Reference
Exhibit
Number
Exhibit Description
Form
Filing Date/
Period End Date
3.1 Restated Articles of Incorporation, filed with the Secretary of State of the
State of California on January 27, 1988.
S-
3
7/27/88
3.2 Certificate of Amendment to Restated Articles of Incorporation, filed with
the Secretary of State of the State of California on May 4, 2000.
10-
Q
5/11/00
3.3
Certificate of Amendment to Restated Articles of Incorporation, as
amended, filed with the Secretary of State of the State of California on
February 25, 2005.
10
-
Q
3/26/05
3.4
Certificate of Determination of Preferences of Series A Non
-
Voting
Convertible Preferred Stock of the Registrant.
10
-
K
9/26/97
3.5**
By
-
Laws of the Registrant, as amended through November 13, 2007.
10.1*
1990 Stock Option Plan, as amended through November 5, 1997.
10
-
Q
12/26/97
10.2*
Employee Stock Purchase Plan, as amended through May 10, 2007.
8
-
K
5/16/07
10.3*
Form of Indemnification Agreement between the Registrant and each
officer of the Registrant.
10
-
K
9/26/97
10.4*
NeXT Computer, Inc. 1990 Stock Option Plan, as amended.
S
-
8
3/21/97
10.5*
1997 Employee Stock Option Plan, as amended through October 19, 2001.
10
-
K
9/28/02
10.6*
1997 Director Stock Option Plan, as amended through May 10, 2007.
8
-
K
5/16/07
10.7*
2003 Employee Stock Plan, as amended through May 10, 2007.
8
-
K
5/16/07
10.8*
Reimbursement Agreement dated as of May 25, 2001 by and between the
Registrant and Steven P. Jobs.
10
-
Q
6/29/02
10.9*
Form of Restricted Stock Unit Award Agreement.
10
-
Q
3/27/04
10.10*
Alternative Form of Restricted Stock Unit Award Agreement.
10
-
K
9/24/05
10.11*
Performance Bonus Plan dated April 21, 2005.
10
-
Q
3/26/05
10.12*
Form of Election to Satisfy Tax Withholding with Stock.
8
-
K
8/15/05
10.13*
Form of Option Agreements.
10
-
K
9/24/05
10.14* Consulting Agreement dated as of April 17, 2006 by and between the
Registrant and J.R. Ruby Consulting Corp.
10-
Q
7/1/06
10.15** Form of Restricted Stock Unit Award Agreement effective as of August 28,
2007.
14.1
Code of Ethics of the Registrant.
10
-
K
9/27/03
21**
Subsidiaries of the Registrant.
23.1**
Consent of Independent Registered Public Accounting Firm.
24.1**
Power of Attorney (included on the Signature Page of this Annual Report on
Form 10
-
K).
31.1**
Rule13a
-
14(a) / 15d
-
14(a) Certification of Chief Executive Officer.
31.2**
Rule13a
-
14(a) / 15d
-
14(a) Certification of Chief Financial Officer.
32.1*** Section 1350 Certifications of Chief Executive Officer and Chief Financial
Officer.
Indicates management contract or compensatory plan or arrangement.
** Filed herewith.
***
Furnished herewith.
122