-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, UP3O4EEfNnX8IcDjiN8kyiwKzjWo5F9+8T5z/F1g6r0CmiLNuAia7bI7iSWM+imi JzJSHJsJ3M05piwUaF9urA== 0001209191-08-011283.txt : 20080219 0001209191-08-011283.hdr.sgml : 20080218 20080219132303 ACCESSION NUMBER: 0001209191-08-011283 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080214 FILED AS OF DATE: 20080219 DATE AS OF CHANGE: 20080219 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: PANERA BREAD CO CENTRAL INDEX KEY: 0000724606 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 042723701 STATE OF INCORPORATION: DE FISCAL YEAR END: 1227 BUSINESS ADDRESS: STREET 1: 6710 CLAYTON RD CITY: RICHMOND HEIGHTS STATE: MO ZIP: 63117 BUSINESS PHONE: 3146337100 MAIL ADDRESS: STREET 1: 6710 CLAYTON RD CITY: RICHMOND HEIGHTS STATE: MO ZIP: 63117 FORMER COMPANY: FORMER CONFORMED NAME: AU BON PAIN CO INC DATE OF NAME CHANGE: 19940201 FORMER COMPANY: FORMER CONFORMED NAME: AU BON PAIN COMPANY INC DATE OF NAME CHANGE: 19920501 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Kish Thomas C CENTRAL INDEX KEY: 0001320980 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-19253 FILM NUMBER: 08625859 BUSINESS ADDRESS: BUSINESS PHONE: 314-633-7300 MAIL ADDRESS: STREET 1: 6710 CLAYTON ROAD CITY: RICHMOND HEIGHTS STATE: MO ZIP: 63117 4 1 doc4.xml FORM 4 SUBMISSION X0202 4 2008-02-14 0 0000724606 PANERA BREAD CO PNRA 0001320980 Kish Thomas C 6710 CLAYTON ROAD RICHMOND HEIGHTS MO 63117 0 1 0 0 SVP, Chief Information Officer Class A Common Stock 2008-02-14 4 M 0 2500 15.68 A 6220 D Class A Common Stock 2008-02-14 4 S 0 2500 38.60 D 3720 D Class A Common Stock 2 I By children Employee Stock Option (Right to Buy) 15.68 2008-02-14 4 M 0 2500 0.00 D 2003-05-08 2008-05-08 Class A Common Stock 2500 8500 D The exercise reported on this Form 4 is pursuant to a a 10b5-1 trading plan adopted by the Reporting Person on November 26, 2007. The sale reported on this Form 4 was effected pursuant to a Rule 10b5-1 trading plan adopted by the Reporting Person on November 26, 2007. Due to a mathematical error on the Reporting Person's Form 4 dated January 22, 2008 and filed on January 24, 2008, the Reporting Person's balance of options was incorrectly reported as 12,700 following the transaction reported therein. The Reporting Person's actual balance of options as of that date following such transaction was 11,000. The number reported here reflects a correction made on account of that error. /s/ Thomas C. Kish 2008-02-19 EX-24.4_225892 2 poa.txt POA DOCUMENT LIMITED POWER OF ATTORNEY FOR SECTION 16 REPORTING OBLIGATIONS Know all by these presents, that the undersigned hereby makes, constitutes and appoints each of Jeffrey W. Kip, Scott G. Blair and Louis DiPietro, signing singly and each acting individually, as the undersigned's true and lawful attorney in fact with full power and authority as hereinafter described to: (1) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer and/or director of Panera Bread Company (the "Company"), Forms 3, 4, and 5 (including any amendments thereto) in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder (the "Exchange Act"); (2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to prepare, complete and execute any such Form 3, 4, or 5, prepare, complete and execute any amendment or amendments thereto, and timely deliver and file such form with the United States Securities and Exchange Commission (the "SEC") and any stock exchange or similar authority; (3) seek or obtain, as the undersigned's representative and on the undersigned's behalf, information regarding transactions in the Company's securities from any third party, including brokers, employee benefit plan administrators and trustees, and the undersigned hereby authorizes any such person to release any such information to such attorney in fact and approves and ratifies any such release of information; and (4) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney in fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, including, but not limited to, obtaining EDGAR filing codes, passwords or passpharses from the SEC, it being understood that the documents executed by such attorney in fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney in fact may approve in such attorney in fact's discretion. The undersigned hereby grants to each such attorney in fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney in fact, or such attorney in fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys in fact, in serving in such capacity at the request of the undersigned, are not assuming nor relieving, nor is the Company assuming nor relieving, any of the undersigned's responsibilities to comply with Section 16 of the Exchange Act. The undersigned acknowledges that neither the Company nor the foregoing attorneys in fact assume (i) any liability for the undersigned's responsibility to comply with the requirement of the Exchange Act, (ii) any liability of the undersigned for any failure to comply with such requirements, or (iii) any obligation or liability of the undersigned for profit disgorgement under Section 16(b) of the Exchange Act. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, and 5 with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys in fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 12th day of January, 2008. /s/Thomas C. Kish -----END PRIVACY-ENHANCED MESSAGE-----