-----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, PbSJ0tJ/LD5yA/SRslu9+OF2C+u8tykS2UVMbUl8Pvc6Io2fXCH6xV9TLQPTnETq WMb01yYEghg1vKWfA+KSqQ== 0001179110-04-019773.txt : 20041015 0001179110-04-019773.hdr.sgml : 20041015 20041015160446 ACCESSION NUMBER: 0001179110-04-019773 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20041013 FILED AS OF DATE: 20041015 DATE AS OF CHANGE: 20041015 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: EDWAB DAVID H CENTRAL INDEX KEY: 0001187697 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-32315 FILM NUMBER: 041081191 BUSINESS ADDRESS: STREET 1: MEN'S WEARHOUSE INC STREET 2: 5803 GLENMONT DRIVE CITY: HOUSTON STATE: TX ZIP: 77081 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: New York & Company, Inc. CENTRAL INDEX KEY: 0001211351 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-WOMEN'S CLOTHING STORES [5621] IRS NUMBER: 331031445 BUSINESS ADDRESS: STREET 1: 450 WEST 33RD ST 5TH FL CITY: NEW YORK STATE: NY ZIP: 10001 BUSINESS PHONE: 212-884-2110 MAIL ADDRESS: STREET 1: 450 WEST 33RD ST 5TH FL CITY: NEW YORK STATE: NY ZIP: 10001 FORMER COMPANY: FORMER CONFORMED NAME: NY & CO GROUP INC DATE OF NAME CHANGE: 20021220 4 1 edgar.xml FORM 4 - X0202 4 2004-10-13 0 0001211351 New York & Company, Inc. NWY 0001187697 EDWAB DAVID H 450 W. 33RD ST. 5TH FLOOR NEW YORK NY 10001 1 0 0 0 Common Stock 2004-10-13 4 S 0 7261 17.00 D 0 D Option to purchase Common Stock 0.11 2004-10-13 4 A 0 68237 0.11 A 2013-05-29 Common Stock 68237 106468 D Represents options vested as a result of the Issuer's consummated public offering. The stock options representing 68,237 shares of Common Stock are currently exercisable. Except as outlined above, the filing of this Form shall not be deemed an admission that the reporting person is the beneficial owner of the securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose. Linda Gormezano, attorney in fact /s/ Linda Gormezano 2004-10-15 EX-24 2 edwabpoa.txt POWER OF ATTORNEY For Executing and Filing Forms 3, 4 and 5 KNOW ALL BY THESE PRESENTS, that the undersigned hereby constitutes and appoints each of Linda Gormezano, Sandra Brooslin, Ronald W. Ristau and any present or future Secretary or Assistant Secretary of New York & Company, Inc. or any of them, each acting alone, his/her true and lawful attorney-in-fact to: (1) execute for and on behalf of the undersigned a Form 3, Form 4 or Form 5 relating to the securities of New York & Company, Inc., in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder; (2) do and perform any and all acts for an on behalf of the undersigned which may be necessary or desirable to complete the execution of such Form 3, Form 4 or Form 5 and the timely filing of such form with the United States Securities and Exchange Commission and any other 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 his discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform all and every act and thing whatsoever requisite, necessary and proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as such attorney-in-fact might or could do if personally present, hereby ratifying and confirming all that such attorney-in-fact 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 each of the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, is not assuming any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4 or 5 with respect to the undersigned's holdings of and transactions in securities issued by New York & Company, Inc., 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 26th day of July, 2004. /s/ David H. Edwab ______________________________ Name: David H. Edwab -----END PRIVACY-ENHANCED MESSAGE-----