-----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, As0wwOVTCfFh9fyXY1rhpPhzqCzK2p3gp78Yzwn0tdAt9qF4Qb3w4E6LT3dptVRn CvtJX5qYkKCuDP29ZZ4X8A== 0001167503-04-000045.txt : 20041102 0001167503-04-000045.hdr.sgml : 20041102 20041102193420 ACCESSION NUMBER: 0001167503-04-000045 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20041026 FILED AS OF DATE: 20041102 DATE AS OF CHANGE: 20041102 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MARCIANO MAURICE CENTRAL INDEX KEY: 0001167503 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-11893 FILM NUMBER: 041114568 BUSINESS ADDRESS: STREET 1: 1444 S ALAMEDA STREET CITY: LOS ANGELES STATE: CA ZIP: 90021 BUSINESS PHONE: 2137653200 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: GUESS INC ET AL/CA/ CENTRAL INDEX KEY: 0000912463 STANDARD INDUSTRIAL CLASSIFICATION: WOMEN'S, MISSES', CHILDREN'S & INFANTS' UNDERGARMENTS [2340] IRS NUMBER: 953679695 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1444 SOUTH ALAMEDA ST CITY: LOS ANGELES STATE: CA ZIP: 90021 BUSINESS PHONE: 2137653100 MAIL ADDRESS: STREET 1: 1444 SOUTH ALAMEDA STREET CITY: LOS ANGELES STATE: CA ZIP: 90021 4 1 edgar.xml PRIMARY DOCUMENT X0202 4 2004-10-26 0000912463 GUESS INC ET AL/CA/ GES 0001167503 MARCIANO MAURICE C/O GUESS?, INC. 1444 SOUTH ALAMEDA STREET LOS ANGELES CA 90021 1 1 1 0 Co-Chairman and Co-CEO Common Stock 2004-10-26 4 S 0 300 17.30 D 15751614 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 3000 17.35 D 15748614 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 200 17.60 D 15748414 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 100 17.65 D 15748314 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 300 17.67 D 15748014 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 800 17.40 D 15747214 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 100 17.41 D 15747114 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 400 17.43 D 15746714 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 100 17.42 D 15746614 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 600 17.46 D 15746014 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 800 17.45 D 15745214 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 200 17.44 D 15745014 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 300 17.48 D 15744714 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 1900 17.50 D 15742814 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 200 17.53 D 15742614 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 100 17.55 D 15742514 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 500 17.52 D 15742014 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 500 17.57 D 15741514 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 1900 17.25 D 15739614 I By Maurice Marciano Trust Common Stock 2004-10-26 4 S 0 200 17.26 D 15739414 I By Maurice Marciano Trust Common Stock 2004-10-27 4 S 0 4400 17.66 D 15735014 I By Maurice Marciano Trust Common Stock 2004-10-27 4 S 0 2400 17.60 D 15732614 I By Maurice Marciano Trust Common Stock 2004-10-27 4 S 0 2200 17.61 D 15730414 I By Maurice Marciano Trust Common Stock 2004-10-27 4 S 0 1600 17.62 D 15728814 I By Maurice Marciano Trust Common Stock 2004-10-27 4 S 0 1100 17.65 D 15727714 I By Maurice Marciano Trust Common Stock 2004-10-27 4 S 0 300 17.64 D 15727414 I By Maurice Marciano Trust Common Stock 2004-10-27 4 S 0 200 17.58 D 15727214 I By Maurice Marciano Trust Common Stock 2004-10-27 4 S 0 200 17.56 D 15727014 I By Maurice Marciano Trust Common Stock 2004-10-27 4 S 0 100 17.55 D 15726914 I By Maurice Marciano Trust Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,590,709 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,587,709 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,587,509 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,587,409 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,587,109 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,586,309 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,586,209 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,585,809 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,585,709 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,585,109 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,584,309 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,584,109 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,583,809 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,581,909 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,581,709 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,581,609 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,581,109 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,580,609 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,578,709 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,578,509 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,574,109 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,571,709 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,569,509 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,567,909 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,566,809 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,566,509 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,566,309 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,566,109 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Includes shares of Common Stock beneficially owned by Maurice Marciano: 4,566,009 shares held by the Maurice Marciano Trust (2000 Restatement) (the MMT) of which Maurice Marciano is sole trustee; 10,000 shares held by his wife; 35 shares held by the Maurice Marciano Gift Trust FBO Caroline Marciano of which Maurice Marciano is sole trustee; 11,050,000 shares held by the Marciano Financial Holdings II, LLC (the MFH) of which the MMT is a member; and 100,870 shares held by the Maurice Marciano 2001 Children's Trust, beneficiaries of which are members of the reporting person's immediate family, the inclusion herein of which shall not be deemed an admission that the reporting person is, for purposes of Section 16 of the Securities Exchange Act of 1934 or otherwise, the beneficial owner of such shares. Maurice Marciano 2004-10-28 -----END PRIVACY-ENHANCED MESSAGE-----