Attached files
file | filename |
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10-K - FORM 10-K - Kate Spade & Co | c96532e10vk.htm |
EX-21 - EXHIBIT 21 - Kate Spade & Co | c96532exv21.htm |
EX-23 - EXHIBIT 23 - Kate Spade & Co | c96532exv23.htm |
EX-10.D - EXHIBIT 10(D) - Kate Spade & Co | c96532exv10wd.htm |
EX-31.B - EXHIBIT 31(B) - Kate Spade & Co | c96532exv31wb.htm |
EX-10.Y - EXHIBIT 10(Y) - Kate Spade & Co | c96532exv10wy.htm |
EX-32.A - EXHIBIT 32(A) - Kate Spade & Co | c96532exv32wa.htm |
EX-32.B - EXHIBIT 32(B) - Kate Spade & Co | c96532exv32wb.htm |
EX-31.A - EXHIBIT 31(A) - Kate Spade & Co | c96532exv31wa.htm |
EX-10.M(VI) - EXHIBIT 10(M)(VI) - Kate Spade & Co | c96532exv10wmxviy.htm |
EX-10.M(VII) - EXHIBIT 10(M)(VII) - Kate Spade & Co | c96532exv10wmxviiy.htm |
EXHIBIT 99
To Be Incorporated By Reference Into
Registration Statements on Forms S-8
(File Nos. 2-77590, 2-95258, 033-00661, 33-51257, 033-63859, 333-09851,
333-48423, 333-54560, 333-105527 and 333-130382)
Registration Statements on Forms S-8
(File Nos. 2-77590, 2-95258, 033-00661, 33-51257, 033-63859, 333-09851,
333-48423, 333-54560, 333-105527 and 333-130382)
UNDERTAKINGS
(a) | The undersigned registrant hereby undertakes: |
(1) To file, during any period in which offers or sales are being made, a
post-effective amendment to this registration statement:
(iii) To include any material information with respect to the plan
of distribution not previously disclosed in the registration
statement or any material change to such information in the
registration statement.
(2) That, for the purpose of determining any liability under the Securities Act of
1933, each such post-effective amendment shall be deemed to be a new registration
statement relating to the securities offered therein, and the offering of such
securities at that time shall be deemed to be the initial bona fide offering
thereof.
(3) To remove from registration by means of a post-effective amendment any of the
securities being registered which remain unsold at the termination of the offering.
(b) | The undersigned registrant hereby undertakes that, for purposes of determining any liability
under the Securities Act of 1933, each filing of the registrants annual report pursuant to
Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (and, where applicable,
each filing of an employee benefit plans annual report pursuant to Section 15(d) of the
Securities Exchange Act of 1934) that is incorporated by reference in the registration
statement shall be deemed to be a new registration statement relating to the securities
offered therein, and the offering of such securities at that time shall be deemed to be the
initial bona fide offering thereof. |
|
(h) | Insofar as indemnification for liabilities arising under the Securities Act of 1933 may be
permitted to directors, officers and controlling persons of the registrant pursuant to the
foregoing provisions, or otherwise, the registrant has been advised that in the opinion of the
Securities and Exchange Commission such indemnification is against public policy as expressed
in the Act and is, therefore, unenforceable. In the event that a claim for indemnification
against such liabilities (other than the payment by the registrant of expenses incurred or
paid by a director, officer or controlling person of the registrant in the successful defense
of any action, suit or proceeding) is asserted by such director, officer or controlling person
in connection with the securities being registered, the registrant will, unless in the opinion
of its counsel the matter has been settled by controlling precedent, submit to a court of
appropriate jurisdiction the question whether such indemnification by it is against public
policy as expressed in the Act and will be governed by the final adjudication of such issue. |