-----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, VByc9QtHjifq+fbey0by+7/MmpT/Bz4VQ7zcWOMTT2NhYmwp/qZ1CyLR6iSboGAQ upzwDJcZIHmEsGivT7rImQ== 0001179110-05-015268.txt : 20050802 0001179110-05-015268.hdr.sgml : 20050802 20050802155423 ACCESSION NUMBER: 0001179110-05-015268 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050801 FILED AS OF DATE: 20050802 DATE AS OF CHANGE: 20050802 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Ristau Ronald W CENTRAL INDEX KEY: 0001299915 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-32315 FILM NUMBER: 05991996 BUSINESS ADDRESS: BUSINESS PHONE: (212) 884-2000 MAIL ADDRESS: STREET 1: 450 WEST 33RD STREET STREET 2: 5TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10001 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 2005-08-01 0 0001211351 New York & Company, Inc. NWY 0001299915 Ristau Ronald W 450 W. 33RD STREET 5TH FLOOR NEW YORK NY 10001 1 1 0 0 COO and CFO Common Stock 2005-08-01 4 M 0 8000 0.11 A 440524 D Common Stock 2005-08-01 4 S 0 8000 22.769 D 432524 D Common Stock 2005-08-01 4 S 0 2500 22.769 D 430024 D Common Stock 126226 I RWR Grantor Retained Annuity Trust Options to Purchase Common Stock 0.11 2005-08-01 4 M 0 8000 0.11 D 2012-11-27 Common Stock 8000 559564 D Options to Purchase Common Stock 3.23 2014-05-14 Common Stock 126134 126134 D This exercise of options to purchase Common Stock and the sale of Common Stock are pursuant to the reporting person's 10b5-1 Plan which commenced on June 8, 2005 under Rule 10b5-1 under the Securities Exchange Act of 1934. Reporting person has exercised a portion of his beneficially owned options to purchase Common Stock. The options to purchase Common Stock are currently exercisable. This sale of Common Stock is pursuant to the reporting person's 10b5-1 Plan which commenced on June 8, 2005 under Rule 10b5-1 under the Securities Exchange Act of 1934. Represents Common Stock indirectly beneficially owned through the RWR Grantory Retained Annuity Trust. 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 2005-08-02 EX-24 2 ristau.txt POWER OF ATTORNEY POWER OF ATTORNEY For Executing and Filing Forms 3, 4 and 5 KNOW ALL BY THESE PRESENTS, that the undersigned hereby constitutes and appoints Sheamus Toal, in addition to any and all previous appointments, 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 and 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 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 the foregoing attorney-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 attorney-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 27th day of June, 2005. /s/ Ronald W. Ristau Name: Ronald W. Ristau -----END PRIVACY-ENHANCED MESSAGE-----