-----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, C9AXWWFSZCuO86PpQF2mczRqoS+mGQ8ND2YV4Ussk6PSsflOoiCsHpPW63HKK5g1 9F8ileM8hDFXYBPo7h63xA== 0000914121-08-000430.txt : 20080516 0000914121-08-000430.hdr.sgml : 20080516 20080516171628 ACCESSION NUMBER: 0000914121-08-000430 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080512 FILED AS OF DATE: 20080516 DATE AS OF CHANGE: 20080516 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: COSI INC CENTRAL INDEX KEY: 0001171014 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 061393745 STATE OF INCORPORATION: DE FISCAL YEAR END: 0101 BUSINESS ADDRESS: STREET 1: COSI INC STREET 2: 1751 LAKE COOK ROAD SUITE 650 CITY: DEERFIELD STATE: IL ZIP: 60015 BUSINESS PHONE: 847-597-3200 MAIL ADDRESS: STREET 1: 1751 LAKE COOK ROAD STREET 2: SUITE 650 CITY: DEERFIELD STATE: IL ZIP: 60015 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MERRITT ROBERT STEPHEN CENTRAL INDEX KEY: 0001019437 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-50052 FILM NUMBER: 08843224 BUSINESS ADDRESS: BUSINESS PHONE: 8132821225 MAIL ADDRESS: STREET 1: 2202 NORTH WEST SHORE BLVD STREET 2: 5TH FLOOR CITY: TAMPA STATE: FL ZIP: 33607 4 1 p12881000-4_merrittex.xml X0202 4 2008-05-12 0 0001171014 COSI INC COSI 0001019437 MERRITT ROBERT STEPHEN C/O COSI, INC., 6TH FLOOR 1751 LAKE COOK ROAD DEERFIELD IL 60015 1 0 0 0 Common Stock, par value $0.01 2008-05-12 4 A 0 9364 0 A 217331 D These shares were granted pursuant to the Amended and Restated Cosi, inc. Non-Employee Director Stock Incentive Plan. /s/ Vicki J. Baue, Attorney In Fact 2008-05-16 EX-24 2 co12881000-ex24.txt POWER OF ATTORNEY Exhibit 24 COSI, INC. Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints Vicki J. Baue his or her true and lawful attorney-in-fact and agent in any and all capacities, to: 1. execute for and on behalf of the undersigned, in the undersigned's capacity as an officer and/or director of Cosi, Inc. (the "Company"), Forms 3, 4, and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended ("Exchange Act"), and the rules thereunder; 2. do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4, or 5, complete and execute any amendment or amendments thereto, and timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and 3. take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorney-in-fact, in serving in such capacity at the request of the undersigned, is not assuming, nor is the Company assuming, any of the undersigned's responsibilities to comply with Section 16 of the Exchange Act. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, and 5 with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 18th day of October, 2005. By: /s/ Robert Merritt ----------------------------- Name: Robert Merritt Title: Director -----END PRIVACY-ENHANCED MESSAGE-----