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The disclosure presented earlier in Exhibit 3.1 provided a restatement of the as-reported net income<br />

of Panera Bread Company. This restatement removed the effects of items considered by Panera to be<br />

nonrecurring and was disclosed in Panera‟s MD&A. An additional example of the disclosure of<br />

nonrecurring items from the MD&A of H.J. Heinz Company is presented in Exhibit 3.20. This<br />

schedule is not a comprehensive list of nonrecurring items, but is focused on the effects that exiting<br />

certain businesses has had on specific business segments.<br />

As a result of the finalization of the strategic reviews related to the portfolio realignment, certain<br />

noncore businesses and product lines were sold in fiscal 2006 or are anticipated to be sold in fiscal<br />

2007, and, accordingly, the relevant gains (losses) or noncash asset impairment charges have been<br />

recorded in continuing operations during fiscal 2006.<br />

The presentation within the MD&A of information on nonrecurring items in schedules is still a<br />

fairly limited practice, but some companies list items that affect time series comparability. Conagra<br />

Foods, Inc., provided the following list in its May 2008 MD&A:<br />

Items of note impacting comparability for fiscal 2008 included the following: Reported within<br />

Continuing Operations<br />

• charges totaling $45 million ($28 million after tax) related to product recalls,<br />

• charges totaling $26 million ($16 million after tax) under the Company‟s<br />

restructuring plans, and<br />

• net tax benefits of approximately $19 million related to changes in the Company‟s<br />

legal entity structure, favorable settlements, and changes in estimates.<br />

Items of note impacting comparability for fiscal 2007 included the following: Reported within<br />

Continuing Operations<br />

• charges totaling $103 million ($64 million after tax) under the Company‟s 2006-2008<br />

restructuring plan,<br />

• charges totaling $66 million ($41 million after tax) related to the peanut butter recall,<br />

• gains of approximately $21 million ($13 million after tax) related to the divestiture of<br />

an oat milling business and other non-core assets,

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