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1.
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We
note in the introductory paragraph to your risk factors section you state
that the risks disclosed may not be the only ones you face. You
must disclose all risks that you believe are material at this
time. Please delete this language from your introductory
paragraph.
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In
future filings, we will delete the referenced language regarding unknown
risks and uncertainties from the introductory paragraph to our risk
factors section.
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2.
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We
note the disclosure on page 28 regarding the company’s anticipated capital
expenditures for 2008. Please disclose how the company intends
to finance such expenditures. See Item 303(a)(2) of
Regulation S-K.
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The
Company’s capital expenditures for 2008 will be funded through operating
cash flows in 2008 as well as cash investment balances available at the
beginning of the year. The Company does not expect to borrow
under its credit facility except to support ongoing letters of
credit.
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3.
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We
note the discussion of the “Bridge Plan” in the company’s earnings release
dated May 15, 2008 and in the transcript from the company’s analyst
meeting on the same date. Please include a discussion of the
bridge plan in your MD&A, including the effects such plan has had or
is expected to have on results of operations. Please also
include the impact on financial condition and
liquidity.
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4.
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Please
disclose under the sub-heading “Market Benchmarking,” as disclosed
elsewhere, that the company seeks to have target compensation be at or
near the 50th percentile of compensation for the peer
group.
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In
future filings, to the extent applicable, we will disclose under the
sub-heading “Market Benchmarking,” that the Company seeks to have target
compensation be at or near the 50th
percentile for our peer group.
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5.
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In
the last paragraph under the sub-heading “CEO Compensation Review,” please
disclose the factors that the independent directors considered in
determining that Mr. Ullman’s base salary and long term incentive
opportunity should remain
unchanged.
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In
setting Mr. Ullman’s base salary, annual performance-based target cash
incentive opportunity, and long term incentive opportunity for 2008, the
Company’s independent directors considered his effectiveness in executing
the key strategies of the Company’s Long Range Plan, as outlined on pages
19 and 20 of the Company’s 2008 Proxy Statement. The independent
directors evaluated Mr. Ullman’s performance and proposed 2008
compensation in light of the challenging retail environment that developed
during the second half of 2007 and was expected to continue throughout
2008.
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6.
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Under
the sub-heading “Long-Term Incentive Awards,” either disclose the “equity
dollar value” for each named executive officer, or provide a
cross-reference to the “Named Executive Officer Pay Summary” on page
21.
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In
future filings, to
the extent applicable, we will include
under the sub-heading “Long-Term Incentive Awards,” a cross-reference to
the “Named Executive Officer Pay Summary” table in our Compensation
Discussion and Analysis section which sets forth the equity dollar value
for the year for each of the named executive officers. In the
event that a “Named Executive Officer Pay Summary” table is not included
in our Compensation Discussion and Analysis section, we will disclose the
equity dollar value for each of the named executive officers under the
sub-heading “Long-Term Incentive
Awards.”
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