-----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, JHpo3JDCUSOGkY6HLK+x8PkjJb3uOy74z/N5KE2YctjCtkSNWTbq13tQbDJpdVRd DYo0i4MTR7UgcLSTSP7O+A== 0001104659-07-078754.txt : 20071101 0001104659-07-078754.hdr.sgml : 20071101 20071101111305 ACCESSION NUMBER: 0001104659-07-078754 CONFORMED SUBMISSION TYPE: 10-Q/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20070114 FILED AS OF DATE: 20071101 DATE AS OF CHANGE: 20071101 FILER: COMPANY DATA: COMPANY CONFORMED NAME: WHOLE FOODS MARKET INC CENTRAL INDEX KEY: 0000865436 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-GROCERY STORES [5411] IRS NUMBER: 741989366 STATE OF INCORPORATION: TX FISCAL YEAR END: 0929 FILING VALUES: FORM TYPE: 10-Q/A SEC ACT: 1934 Act SEC FILE NUMBER: 000-19797 FILM NUMBER: 071205286 BUSINESS ADDRESS: STREET 1: 550 BOWIE STREET CITY: AUSTIN STATE: TX ZIP: 78703 BUSINESS PHONE: 5124774455 MAIL ADDRESS: STREET 1: 550 BOWIE STREET CITY: AUSTIN STATE: TX ZIP: 78703 10-Q/A 1 a07-28074_110qa.htm AMENDMENT TO QUARTERLY REPORT PURSUANT TO SECTIONS 13 OR 15(D)

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C.  20549

 

FORM 10-Q/A

 

(Amendment No. 1)

 

x

 

Quarterly report pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 for the period ended January 14, 2007; or

 

 

 

o

 

Transition report pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 for the transition period from                     to                    .

 

Commission File Number:  0-19797

 

WHOLE FOODS MARKET, INC.

(Exact name of registrant as specified in its charter)

 

Texas

 

74-1989366

(State of

 

(IRS employer

incorporation)

 

identification no.)

 

550 Bowie St.

Austin, Texas 78703

(Address of principal executive offices)

 

512-477-4455

(Registrant’s telephone number, including area code)

 

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 o

 

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer (as defined in Rule 12b-2 of the Exchange Act).

 

Large accelerated filer x

 

Accelerated filer o

 

Non-accelerated filer o

 

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act.)

 

Yes o

No x

 

The number of shares of the registrant’s common stock, no par value, outstanding as of January 14, 2007 was 140,579,996 shares.

 

 


 

Explanatory Note:  The registrant is filing this amendment to clarify in Item 6 that portions of Exhibit 10.1 were omitted pursuant to a request for Confidential Treatment filed with the Securities and Exchange Commission. Such notation was previously made only on Exhibit 10.1 itself.

 

Part II

Other Information

 

Item 6. Exhibits

 

Exhibit

 

10.1 (1)

 

Second Amendment, dated December 15, 2006, to the Third Amended and Restated Credit Agreement, dated October 1, 2004, by and among Registrant, the subsidiaries of the Registrant, JPMorgan Chase Bank; Wells Fargo Bank National Association; Wachovia Bank, National Association; and Fleet National Bank (Portions of this Agreement have been omitted pursuant to a request for Confidential Treatment filed with the Securities and Exchange Commission)

Exhibit

 

31.1 (1)

 

Certification of Chief Executive Officer Pursuant to 17 CFR 240.13a - 14(a)

Exhibit

 

31.2 (1)

 

Certification of Chief Financial Officer Pursuant to 17 CFR 240.13a - 14(a)

Exhibit

 

32.1 (1)

 

Certification of Chief Executive Officer Pursuant to 18 U.S.C. Section 1350

Exhibit

 

32.2 (1)

 

Certification of Chief Financial Officer Pursuant to 18 U.S.C. Section 1350

 

(1) Previously filed

 

2


 

SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this amendment to this report to be signed on its behalf by the undersigned thereunto duly authorized.

 

 

WHOLE FOODS MARKET, INC.

 

 

 

 

 

Date:

November 1, 2007

 

By:

    /s/ Glenda Chamberlain

 

 

 

 

 

 

 

 

 

Glenda Chamberlain

 

 

 

Executive Vice President and

 

 

 

Chief Financial Officer

 

 

 

(Duly authorized officer and principal
financial officer)

 

 

3

 -----END PRIVACY-ENHANCED MESSAGE-----