UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA NO. 1:04-CV ) ) ) ) ) ) ) ) PROOF OF CLAIM AND RELEASE

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1 UITED STATES DISTRICT COURT MIDDLE DISTRICT OF ORTH CAROLIA O. 1:04-CV In re KRISP KREME DOUGHUTS, IC. SECURITIES CLASS ACTIO This Document Relates To: ALL ACTIOS. PROOF OF CLAIM AD RELEASE I. GEERAL ISTRUCTIOS 1. To recover as a member of the class based on your claims in the action entitled In re Krispy Kreme Doughnuts, Inc. Securities Litigation, o. 1:04-CV (the Class Action, you must complete and, on page 7 hereof, sign this Claim and Release. If you fail to file a properly addressed (as set forth in paragraph 3 below Claim and Release, your claim may be rejected and you may be precluded from any recovery from the Class Settlement Fund created in connection with the proposed settlement of the Class Action. 2. Submission of this Claim and Release, however, does not assure that you will share in the proceeds of settlement in the Class Action. 3. OU MUST MAIL OUR COMPLETED AD SIGED PROOF OF CLAIM AD RELEASE POSTMARKED O OR BEFORE MARCH 5, 2007, ADDRESSED AS FOLLOWS: Krispy Kreme Securities Litigation Claims Administrator c/o Gilardi & Co. LLC P.O. Box Petaluma, CA If you are OT a Member of the Settlement Class, as defined in the otice of Pendency and Proposed Settlement of Class Action ( otice, DO OT submit a Claim and Release form. 4. If you are a Member of the Settlement Class, you are bound by the terms of any judgment entered in the Class Action, WHETHER OR OT OU SUBMIT A PROOF OF CLAIM AD RELEASE FORM. 1. Krispy Kreme means Krispy Kreme Doughnuts, Inc. II. DEFIITIOS 2. PwC means PricewaterhouseCoopers LLP, and its predecessors, successors, and related entities, and each of their past, present or future partners, principals, members, directors, officers, employees, contractors, attorneys, successors, agents, or insurers, and the heirs, executors, administrators, assigns and successors of each of them, whether now known or unknown. 3. Class Individual Defendants means Scott A. Livengood ( Livengood, John Tate ( Tate, Randy Casstevens ( Casstevens, Michael Phalen ( Phalen, and John. McAleer ( McAleer. 4. Class Settling Defendants means Krispy Kreme, Tate, Casstevens, Phalen, McAleer, PwC, and Livengood. III. CLAIMAT IDETIFICATIO 1. If you purchased or acquired Krispy Kreme securities and held the certificate(s in your name, you are the beneficial purchaser as well as the record purchaser. If, however, the certificate(s were registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial purchaser and the third party is the record purchaser. 2. Use Part I of this form entitled Claimant Identification to identify each purchaser of record ( nominee, if different from the beneficial purchaser of Krispy Kreme securities which form the basis of this claim. THIS CLAIM MUST BE FILED B THE ACTUAL BEEFICIAL PURCHASER OR PURCHASERS, OR THE LEGAL REPRESETATIVE OF SUCH PURCHASER OR PURCHASERS OF THE KRISP KREME SECURITIES UPO WHICH THIS CLAIM IS BASED.

2 3. All joint purchasers must sign this claim. Executors, administrators, guardians, conservators and trustees must complete and sign this claim on behalf of Persons represented by them and their authority must accompany this claim and their titles or capacities must be stated. The Social Security (or taxpayer identification number and telephone number of the beneficial owner may be used in verifying the claim. Failure to provide the foregoing information could delay verification of your claim or result in rejection of the claim. IV. CLAIM FORM 1. Use Part II of this form entitled Schedule of Transactions in Krispy Kreme Securities to supply all required details of your transaction(s in Krispy Kreme securities. If you need more space or additional schedules, attach separate sheets giving all of the required information in substantially the same form. Sign and print or type your name on each additional sheet. 2. On the schedules, provide all of the requested information with respect to all of your purchases or acquisitions and all of your sales of Krispy Kreme securities which took place at any time beginning March 8, 2001 through April 18, 2005, inclusive (the Settlement Class Period, whether such transactions resulted in a profit or a loss. Failure to report all such transactions may result in the rejection of your claim. 3. List each transaction in the Settlement Class Period separately and in chronological order by trade date, beginning with the earliest. ou must accurately provide the month, day and year of each transaction you list. 4. Broker confirmations or other documentation of your transactions in Krispy Kreme securities should be attached to your claim. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim. 5. The above requests are designed to provide the minimum amount of information necessary to process the most simple claims. The Claims Administrator may request additional information as required to efficiently and reliably calculate your losses. In some cases where the Claims Administrator cannot perform the calculation accurately or at a reasonable cost to the Settlement Class with the information provided, the Claims Administrator may condition acceptance of the claim upon the production of additional information and/or the hiring of an accounting expert at the Claimant s cost. 6. OTICE REGARDIG ELECTROIC FILES: Certain claimants with large numbers of transactions may request, or may be requested, to submit information regarding their transactions in electronic files. All Claimants MUST submit a manually signed paper Claim form listing all their transactions whether or not they also submit electronic copies. If you wish to file your claim electronically, you must contact the Claims Administrator at 1-( or visit their website at to obtain the required file layout. o electronic files will be considered to have been properly submitted unless the Claims Administrator issues to the Claimant a written acknowledgment of receipt and acceptance of electronically submitted data. 2

3 Official Office Use Only UITED STATES DISTRICT COURT MIDDLE DISTRICT OF ORTH CAROLIA In re Krispy Kreme Doughnuts, Inc. Securities Litigation o. 1:04-CV PROOF OF CLAIM AD RELEASE Please Type or Print in the Boxes Below Do OT use Red Ink, Pencil, or Staples Must be Postmarked o Later Than March 5, 2007 KKDG1 PART I: CLAIMAT IDETIFICATIO Last ame (Beneficial Owner First ame (Beneficial Owner Last ame (Co-Beneficial Owner First ame (Co-Beneficial Owner Company/Beneficial Owner (If Claimant is not an Individual Trustee/Custodian/ominee/Record Owner s ame (if Different from Beneficial Owner Listed Above Account#/Fund# (ot ecessary for Individual Filers Trust/Pension Date Social Security umber Telephone umber (Work or Taxpayer Identification umber Telephone umber (Home Address Address MAILIG IFORMATIO Address City State Zip Code Foreign Province Foreign Zip Code Foreign Country Abbreviation FOR CLAIMS PROCESSIG OL PC D IHI S ICI OPT MRG TI EMP L1 L2 PB *KKDG1FIRST* 1

4 PART II. SCHEDULE OF TRASACTIOS I KRISP KREME SECURITIES COMMO STOCK A. umber of shares of Krispy Kreme common stock held at the beginning of trading on March 8, 2001: B. Purchases or Acquisitions of Krispy Kreme common stock ( March 8, 2001 April 18, 2005, inclusive: PURCHASES Total Purchase or Acquisition Price Trade Date(s of Shares umber of Shares (net of commissions, Purchased or Acquired taxes and fees Holding Purchase M M D D IMPORTAT: Identify by number listed above all purchases in which you covered a short sale : C. Sales of Krispy Kreme common stock ( March 8, 2001 April 18, 2005, inclusive: SALES Trade Date(s of Shares umber of Shares Sold Total Sales Price (net of commissions, taxes and fees Sales M M D D D. umber of shares of Krispy Kreme common stock held at close of trading on April 18, 2005: Holding If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 7. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. *KKDG1SECOD* 2

5 PART II. SCHEDULE OF TRASACTIOS I KRISP KREME SECURITIES WARRATS E. umber of Krispy Kreme warrants held at the beginning of trading on March 8, 2001: F. Purchases or Acquisitions of Krispy Kreme warrants ( March 8, 2001 April 18, 2005, inclusive: PURCHASES Trade Date(s of Shares umber of Shares Purchased or Acquired Total Purchase or Acquisition Price (net of commissions, taxes and fees Holding Purchase M M D D IMPORTAT: Identify by number listed above all purchases in which you covered a short sale : G. Sales of Krispy Kreme warrants ( March 8, 2001 April 18, 2005, inclusive: SALES Trade Date(s of Shares umber of Shares Sold Total Sales Price (net of commissions, taxes and fees Sales M M D D H. umber of Krispy Kreme warrants held at close of trading on April 18, 2005: If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 7. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. *KKDG1THIRD* 3 Holding

6 PART II. SCHEDULE OF TRASACTIOS I KRISP KREME SECURITIES CALL OPTIOS I. umber of Krispy Kreme call options held at the beginning of trading on March 8, 2001: umber of Call Option Contracts Strike Price Expiration Date (Month/Day/ear J. I made the following purchases of call options on Krispy Kreme during the period from March 8, 2001 through April 18, 2005, inclusive: Date(s of Purchase (Month/Day/ear umber of Contracts Strike Price Expiration Date (Month/Day/ear Total Purchase Price Purchase K. I made the following sales of call options on Krispy Kreme during the period from March 8, 2001 through the settlement of the call option contract: Date(s of Sale (Month/Day/ear umber of Contracts Strike Price Expiration Date (Month/Day/ear Total Sales Price Sales L. umber of Krispy Kreme call options held at close of trading on April 18, 2005: umber of Call Option Contracts Strike Price Expiration Date (Month/Day/ear If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 7. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. *KKDG1FOURTH* 4

7 PART II. SCHEDULE OF TRASACTIOS I KRISP KREME SECURITIES PUT OPTIOS M. umber of Krispy Kreme put options held at the beginning of trading on March 8, 2001: umber of Put Option Contracts Strike Price Expiration Date (Month/Day/ear. I made the following purchases of put options on Krispy Kreme during the period from March 8, 2001 through April 18, 2005, inclusive: Date(s of Purchase (Month/Day/ear umber of Contracts Strike Price Expiration Date (Month/Day/ear Total Purchase Price Purchase O. I made the following sales of put options on Krispy Kreme during the period from March 8, 2001 through the settlement of the put option contract: Date(s of Sale (Month/Day/ear umber of Contracts Strike Price Expiration Date (Month/Day/ear Total Sales Price Sales P. umber of Krispy Kreme put options held at close of trading on April 18, 2005: umber of Put Option Contracts Strike Price Expiration Date (Month/Day/ear *KKDG1FIFTH* If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 7. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. 5

8 V. SUBMISSIO TO JURISDICTIO OF COURT AD ACKOWLEDGMETS I (We submit this Claim and Release under the terms of the Stipulation and Agreement of Class and Derivative Settlement dated as of October 30, 2006 ( Stipulation described in the otice. I (We also submit to the jurisdiction of the United States District Court for the Middle District of orth Carolina, with respect to my (our claim as a Settlement Class Member (as defined in the otice and for purposes of enforcing the release set forth herein. I (We further acknowledge that I am (we are bound by and subject to the terms of any judgment that may be entered in the Class Action. I (We agree to furnish additional information to Class Lead Counsel to support this claim if required to do so. I (We have not submitted any other claim covering the same purchases or sales of Krispy Kreme securities during the Settlement Class Period and know of no other Person having done so on my (our behalf. VI. RELEASE 1. I (We hereby acknowledge full and complete satisfaction of, and do hereby fully, finally and forever settle, release, relinquish and discharge, all of the Released Class Claims. 2. Released Class Claims means all claims, including Unknown Claims, demands, rights, liabilities and causes of action, arising out of, relating to, or in connection with, the purchase or acquisition of Krispy Kreme securities during the Settlement Class Period, that have been or could have been asserted by any Class Lead Plaintiff or Member of the Settlement Class in the Class Action against the Class Settling Defendants, the Excess Insurers, AISLIC or their past or present subsidiaries, parents, successors and predecessors, officers, directors, shareholders, agents, employees, attorneys, advisors, and investment advisors, auditors, accountants and any person, firm, trust, corporation, officer, director or other individual or entity in which any Class Settling Defendant has a controlling interest or which is related to or affiliated with any Class Settling Defendant, and the legal representatives, heirs, successors-in-interest or assigns of such Class Settling Defendant ( Released Class Parties, as well as any claims in connection with the institution, prosecution or settlement of the Class Action. 3. Unknown Claims means any Released Class Claims or Released Derivative Claims which the Class Lead Plaintiffs and each Settlement Class Member (as to Released Class Claims, and/or which the Derivative Plaintiffs, each current holder of Krispy Kreme securities, or Krispy Kreme (as to Released Derivative Claims, respectively, does not know or suspect to exist in his, her or its favor at the time of the release of the Released Class Parties or Released Derivative Parties which, if known by him, her or it, might have affected his, her or its settlement with, and release of, the Released Class Parties or Released Derivative Parties, or might have affected his, her or its decision not to object to this settlement. With respect to any and all Released Class Claims and Released Derivative Claims, the Settling Parties stipulate and agree that, upon the Effective Date, the Class Lead Plaintiffs, the Derivative Plaintiffs and Krispy Kreme (as a nominal defendant in the Derivative Action, and ea *KKDG1SIXTH* 6

9 First ame SUBSTITUTE FORM W-9 PART I. Request for Taxpayer Identification umber ( TI and Certification I. Last ame Check appropriate box: Individual/Sole Proprietor IRA Trust Corporation Partnership Pension Plan Other Enter TI on the appropriate line. (specify For individuals, this is your Social Security umber ( SS. However, for a resident alien, sole proprietor, or disregarded entity, see Part 1 of the enclosed W-9 instructions. For sole proprietors, you must show your individual name, but you may also enter your business or doing business as name. ou may enter either your SS or your Employer Identification umber ( EI. For other entities, it is your EI. Social Security umber Employer Identification umber or PART II. For Payees Exempt from Backup Withholding If you are exempt from backup withholding, enter your correct TI in Part I and write exempt on the following line: PART III. CERTIFICATIO UDER THE PEALT OF PERJUR, I (WE CERTIF THAT: (1 The number shown on this form is my correct TI; and (2 I (We certify that I am (we are OT subject to backup withholding under provisions of Section 3406(a(1(C of the Internal Revenue Code because: (a I am (we are exempt from backup withholding; or (b I (we have not been notified by the Internal Revenue Service that I am (we are subject to backup withholding as a result of a failure to report all interest or dividends; or (c the Internal Revenue Service has notified me (us that I am (we are no longer subject to backup withholding. OTE: If you have been notified by the Internal Revenue Service that you are subject to backup withholding, you must cross out item 2 above. I certify that I believe in good faith that I am a Member of the Settlement Class, as defined in the otice, or am acting for such person; that I have read and understood the contents of the otice; that I have not submitted a Request for Exclusion seeking to be excluded from the Settlement Class; that I believe that I am entitled to receive a portion of the et Settlement Fund; and that the foregoing information is true, accurate, and complete to the best of my knowledge, information, and belief. Federal law provides that the filing of a false claim is punishable by a fine of not more than 10,000 or imprisonment for not more than five years, or both. SEE ECLOSED FORM W-9 ISTRUCTIOS The Internal Revenue Service does not require your consent to any provision of this document other than the certification required to avoid backup withholding. I (We declare under penalty of perjury under the laws of the United States of America that all of the foregoing information supplied on this Claim and Release form by the undersigned is true and correct. Executed this day of in (Month/ear (City/State/Country (Sign your name here (Sign your name here (Type or print your name here (Type or print your name here (Capacity of person(s signing, e.g., Beneficial Purchaser or Acquirer, Executor or Administrator (Capacity of person(s signing, e.g., Beneficial Purchaser or Acquirer, Executor or Administrator ACCURATE CLAIMS PROCESSIG TAKES A SIGIFICAT AMOUT OF TIME. THAK OU FOR OUR PATIECE. Reminder Checklist: 1. Please sign the above release and declaration. 2. Remember to attach supporting documentation, if available. 3. Do not send original stock certificates. 4. Keep a copy of your claim form for your records. *KKDG1SEVETH* 7 5. If you desire an acknowledgement of receipt of your claim form please send it Certified Mail, Return Receipt Requested. 6. If you move, please send the Claims Administrator your new address.

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