-----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, BBM/WZhJt1ASdwvTSm/Aei8c1H5MwVoGSTFZam+K539gzYBLVqGzuN9L4dZxi2iQ Srk7a1re+SCyIdXPLBdYaQ== 0000891919-08-000121.txt : 20081215 0000891919-08-000121.hdr.sgml : 20081215 20081215164610 ACCESSION NUMBER: 0000891919-08-000121 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20081211 FILED AS OF DATE: 20081215 DATE AS OF CHANGE: 20081215 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: BOOKS A MILLION INC CENTRAL INDEX KEY: 0000891919 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-MISCELLANEOUS SHOPPING GOODS STORES [5940] IRS NUMBER: 630798460 STATE OF INCORPORATION: DE FISCAL YEAR END: 0131 BUSINESS ADDRESS: STREET 1: 402 INDUSTRIAL LN CITY: BIRMINGHAM STATE: AL ZIP: 35211 BUSINESS PHONE: 2059423737 MAIL ADDRESS: STREET 1: 402 INDUSTRIAL LANE CITY: BIRMINGHAM STATE: AL ZIP: 35211 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ANDERSON JOEL R CENTRAL INDEX KEY: 0000901452 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-20664 FILM NUMBER: 081250213 BUSINESS ADDRESS: STREET 1: 202 NORTH COURT ST CITY: FLORENCE STATE: AL ZIP: 35630 MAIL ADDRESS: STREET 1: 202 NORTH COURT STREET CITY: FLORENCE STATE: AL ZIP: 35630 4 1 joelanderson121108_ex.xml X0303 4 2008-12-11 0 0000891919 BOOKS A MILLION INC BAMM 0000901452 ANDERSON JOEL R 202 NORTH COURT STREET FLORENCE AL 35630 0 0 0 1 SEE REMARKS BELOW Common Stock, $0.01 par value per share 2008-12-11 4 P 0 2531 2.0275 A 1505017 D Common Stock, $0.01 par value per share 83000 I BY THE JOEL R. ANDERSON FAMILY FOUNDATION The purchase reported in this Form 4 was effected pursuant to a Rule 10b5-1 trading plan adopted by the reporting person on December 3, 2008, which plan became effective on December 7, 2008. This price represents the weighted average purchase price for multiple transactions reported on this line. The prices of the transactions reported on this line ranged from $1.95 to $2.05 per share. Upon request by the Commission staff, the issuer or a security holder of the issuer, the reporting person will undertake to provide full information regarding the number of shares purchased at each separate price. The reporting person may be deemed to be a member of a "group" (within the meaning of Section 13(d)(3) of the Securities Exchange Act ) which owns more than 10% of the Common Stock, par value $.01 per share (the "Common Stock"), of the Issuer. The reporting person does not have (i) any direct or indirect pecuniary interest in or (ii) the power to vote or dispose of, or the power to direct the vote or disposition of, any Common Stock of the Issuer held by any other person, including, without limitation, any other person who may be deemed to be a member of such group. Accordingly, the reporting person disclaims beneficial ownership of any securities of the Issuer held by any other person, including, without limitation, any other person who may be deemed to be a member of such group, and this report shall not be deemed an admission that the reporting person is the beneficial owner of such securities for the purposes of Section 16 under the Securities Exchange Act or otherwise. MARTIN R. ABROMS, BY POWER OF ATTORNEY 2008-12-15 EX-24 2 jra121108poa.htm POWER OF ATTORNEY

LIMITED POWER OF ATTORNEY

             The undersigned owner of record of shares of Common Stock, par value $0.01 per share (the “Common Stock”), of Books-A-Million, Inc. (“BAM”) and party to that certain Group Administration Agreement, dated April 9, 2007, by and among Abroms & Associates, P.C., an Alabama professional corporation, and the Group Shareholders identified therein, hereby constitutes and appoints each of Martin R. Abroms, CPA, Barry Jacobs, CPA and Cornelia Heflin, CPA, signing singly, the undersigned’s true and lawful attorney-in-fact to:

 

(1)

execute for and on behalf of the undersigned, in the undersigned’s capacity as a beneficial owner of more than ten percent (10%) of BAM’s equity securities (by reason of being deemed, pursuant to Rule 13d-5(b) under the Securities Exchange Act of 1934 (the “Exchange Act”), the beneficial owner of all of the shares of Common Stock owned by all of the Group Shareholders), any and all Forms 3, 4 and 5 prepared for and on behalf of the undersigned pursuant to the Exchange Act and the rules promulgated 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, to complete and execute any amendment or amendments thereto and to 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 Limited 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 attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is BAM assuming, any of the undersigned’s responsibilities to comply with Section 16 of the Exchange Act.

 

This Limited 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 BAM, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact.

 

[SIGNATURE PAGE FOLLOWS]

 

IN WITNESS WHEREOF, the undersigned has caused this Limited Power of Attorney to be executed as of this 18th day of June, 2008.

 

 /s/ Joel R. Anderson              

JOEL R. ANDERSON

 

 

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