EX-99 4 attach_2.txt NOTES AND EXPLANATORY NOTES Exhibit 99.1 On August 27, 2003, Leonard A. Lauder ("LAL" or the "Reporting Person") excercised options in respect of 20,000 shares of Class A Common Stock. He sold them that day in a number of transactions which are reported in Table 1. On August 28, 2003, LAL excercised options in respect of 20,000 shares of Class A Common Stock. He sold them that day in a number of transactions with an average sale price of $34.3281. The shares sold at various prices on that day are set forth below: Quantity Price 200 34.09 100 34.10 100 34.13 600 34.14 100 34.15 100 34.16 200 34.19 200 34.20 400 34.21 100 34.23 100 34.24 500 34.25 200 34.26 300 34.27 1200 34.28 1800 34.29 1000 34.30 500 34.31 600 34.32 600 34.33 800 34.34 900 34.35 800 34.36 1500 34.37 1800 34.38 2000 34.39 2000 34.40 600 34.41 500 34.42 200 34.43 After these sales, the amounts of Class A Common Stock beneficially owned by: (a) LAL includes (i) 5,369,169 shares held directly, (ii) 2,136,882 shares indirectly as grantor of a grantor retained annuity trust (does not include the ownership of 3,829,216 shares of Class B Common Stock which are convertible into a like number of shares of Class A Common Stock), (iii) 3,279,302 shares indirectly as the majority stockholder of LAL Family Corporation, which is the sole general partner of LAL Family Partners L.P. (a limited partnership in which LAL has sole voting and investment power) (does not include the ownership of 42,705,540 shares of Class B Common Stock which are convertible into a like number of shares of Class A Common Stock), (iv) 15,384 shares indirectly as a general partner of Lauder & Sons L.P. (LAL is also a trustee of The 1995 Estee Lauder LAL Trust, which is also a general partner of Lauder & Sons L.P.) (does not include the ownership of 3,846,154 shares of Class B Common Stock which are convertible into a like number of shares of Class A Common Stock), (v) 1,095,410 shares held indirectly as co-Trustee and beneficiary of the EL 2001 Charitable Trust, and (vi) 390,000 shares indirectly which are held directly by his wife, Evelyn H. Lauder ("EHL"). LAL disclaims beneficial ownership of the shares in clauses (ii), (iii), (iv) and (v) to the extent he does not have a pecuniary interest in such securities and he disclaims beneficial ownership of the shares in clause (vi) owned by his wife. (b) EHL includes (i) 390,000 shares held directly, (ii) 5,369,169 shares held directly by her husband, LAL, and (iii) 6,526,978 shares held indirectly by her husband, LAL (see (b) (ii), (iii) and (iv) above regarding Class B shares). EHL disclaims beneficial ownership of securities owned directly and indirectly by her husband, LAL.