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Table of Contents
EXHIBIT INDEX
97
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
July 10, 2009.
10
-
Q
6/27/09
3.2
By
-
Laws of the Registrant, as amended through May 27, 2009.
8
-
K
6/2/09
4.1
Form of Stock Certificate of the Registrant.
10
-
Q
12/30/06
10.1*
Employee Stock Purchase Plan, as amended through May 10, 2007.
8
-
K
5/16/07
10.2*
Form of Indemnification Agreement between the Registrant and each director and executive officer
of the Registrant.
10
-
Q
6/27/09
10.3*
1997 Employee Stock Option Plan, as amended through October 19, 2001.
10
-
K
9/28/02
10.4*
1997 Director Stock Option Plan, as amended through May 10, 2007.
8
-
K
5/16/07
10.5*
2003 Employee Stock Plan, as amended through May 10, 2007.
8
-
K
5/16/07
10.6*
Reimbursement Agreement dated as of May 25, 2001 by and between the Registrant and Steven P.
Jobs.
10
-
Q
6/29/02
10.7*
Form of Option Agreement.
10
-
K
9/24/05
10.8*
Form of Restricted Stock Unit Award Agreement effective as of August 28, 2007.
10
-
K
9/29/07
10.9*
Form of Restricted Stock Unit Award Agreement effective as of November 11, 2008.
10
-
Q
12/27/08
10.10*
Transition Agreement and Settlement Agreement and Release dated as of November 3, 2008 by and
between the Registrant and Anthony Fadell.
10
-
Q
12/27/08
14.1
Business Conduct Policy of the Registrant dated February 2009.
10
-
Q
3/28/09
21.1**
Subsidiaries of the Registrant.
23.1**
Consent of Ernst & Young LLP, Independent Registered Public Accounting Firm.
23.2**
Consent of KPMG LLP, 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**
Rule 13a
-
14(a) / 15d
-
14(a) Certification of Chief Executive Officer.
31.2**
Rule 13a
-
14(a) / 15d
-
14(a) Certification of Chief Financial Officer.
32.1***
Section 1350 Certifications of Chief Executive Officer and Chief Financial Officer.
101.INS****
XBRL Instance Document
101.SCH****
XBRL Taxonomy Extension Schema Document
101.CAL****
XBRL Taxonomy Extension Calculation Linkbase Document
101.DEF****
XBRL Taxonomy Extension Definition Linkbase Document
101.LAB****
XBRL Taxonomy Extension Label Linkbase Document
101.PRE****
XBRL Taxonomy Extension Presentation Linkbase Document
*
Indicates management contract or compensatory plan or arrangement.
**
Filed herewith.
***
Furnished herewith.
****
Pursuant to applicable securities laws and regulations, the Company is deemed to have complied with the reporting obligation relating
to the submission of interactive data files in such exhibits and is not subject to liability under any anti-
fraud provisions of the federal
securities laws as long as the Company has made a good faith attempt to comply with the submission requirements and promptly
amends the interactive data files after becoming aware that the interactive data files fails to comply with the submission requirements.
Users of this data are advised that, pursuant to Rule 406T, these interactive data files are deemed not filed and otherwise are not subject
to liability.