0001104659-12-043539.txt : 20120614 0001104659-12-043539.hdr.sgml : 20120614 20120614132455 ACCESSION NUMBER: 0001104659-12-043539 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20120605 FILED AS OF DATE: 20120614 DATE AS OF CHANGE: 20120614 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Marks Seth CENTRAL INDEX KEY: 0001552171 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 000-19658 FILM NUMBER: 12907127 MAIL ADDRESS: STREET 1: 6250 LBJ FREEWAY CITY: DALLAS STATE: TX ZIP: 75240 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: TUESDAY MORNING CORP/DE CENTRAL INDEX KEY: 0000878726 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-VARIETY STORES [5331] IRS NUMBER: 752398532 STATE OF INCORPORATION: DE FISCAL YEAR END: 0630 BUSINESS ADDRESS: STREET 1: 6250 LBJ FREEWAY CITY: DALLAS STATE: TX ZIP: 75240 BUSINESS PHONE: 2143873562 MAIL ADDRESS: STREET 1: 6250 LBJ FREEWAY CITY: DALLAS STATE: TX ZIP: 75240 3 1 a3.xml 3 X0205 3 2012-06-05 0 0000878726 TUESDAY MORNING CORP/DE TUES 0001552171 Marks Seth 6250 LBJ FREEWAY DALLAS TX 75240 0 1 0 0 SVP, Chief Marketing Officer Common Stock 50000 D Employee Stock Option (right to buy) 3.505 2021-08-22 Common Stock 50000 D The shares of restricted stock vest in three equal installments on 08/22/2012, 08/22/2013 and 08/22/2014 The stock option vests in three equal installments on 08/22/2012, 08/22/2013 and 08/22/2014 See Power of Attorney - Exhibit 24.1 By: Brian Monahan For: Seth Marks 2012-06-14 EX-24.1 2 ex-24d1.htm EX-24.1

Exhibit 24.1

 

Power of Attorney

For Executing Forms 3, 4 and 5

 

Know all by these presents, that the undersigned hereby constitutes and appoints Brian Monahan, Corporate Tax Officer, signing singly, the undersigned’s true and lawful attorney-in-fact to:

 

(1)                 execute for and on behalf of the undersigned Forms 3, 4, and 5 (including amendments thereto) 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 that may be necessary or desirable to complete and execute any such Form 3, 4, or 5, complete and execute any amendment or amendments thereto, file that Form with the United States Securities and Exchange Commission and any stock exchange or similar authority, and provide a copy as required by law or advisable to such persons as the attorney-in-fact deems appropriate; and

 

(3)                 take any other action of any type whatsoever in connection with the foregoing that, in the opinion of the attorney-in-fact, may be of benefit to, in the best interest of, or legally required of the undersigned, it being understood that the documents executed by the 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 the attorney-in-fact may approve in the 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 the attorney-in-fact, or the 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 attorneys-in-fact, and their substitutes, in serving in such capacity at the request of the undersigned, are not assuming, nor is Tuesday Morning Corporation assuming, any of the undersigned’s responsibilities to comply with Section 16 of the Securities Exchange Act of 1934.

 

The undersigned agrees that each such attorney-in-fact may rely entirely on information furnished orally or in writing by or at the direction of the undersigned to the attorney-in-fact.  The undersigned also agrees to indemnify and hold harmless Tuesday Morning Corporation and each such attorney-in-fact against any losses, claims, damages or liabilities (or actions in these respects) that arise out of or are based upon any untrue statements or omissions of necessary facts in the information provided by or at the direction of the undersigned, or upon the lack of timeliness in the delivery of information by or at the direction of the undersigned, to that attorney-in-fact for purposes of executing, acknowledging, delivering or filing any Form 3, 4 or 5 (including any amendment thereto) and agrees to reimburse Tuesday Morning Corporation and the attorney-in-fact on demand for any legal or other expenses reasonably incurred in connection with investigating or defending against any such loss, claim, damage, liability or action.

 

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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 Tuesday Morning Corporation, 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 the date written below.

 

 

/s/ Seth Marks

 

Signature

 

 

 

Seth Marks

 

Print Name

 

 

 

6/12/2012

 

Date

 

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