**Exhibit 10.1**   **Rule 62(b) Bond and Supersedeas Bond**      **Travelers Casualty and Surety**             **Company of America**  **One Tower Square, Hartford, CT 06183**     **IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA**     In re Apollo Group Inc. Securities Litigation Bond No. **105036869**       Index or    Cause No. Master File No.    CV-04-2147- PHX-JAT (LEAD)    CV 04-2204-PHX-JAT    (Consolidated)    CV 04-2334-PHX-JAT    (Consolidated)KNOW ALL PEOPLE BY THESE PRESENTS, this bond is being filed on behalf of the Defendants , ApolloGroup Inc., Todd S. Nelson and Kenda B. Gonzales (collectively “Defendants”) by Apollo Group, Inc.,as Principal, and that Apollo Group, Inc. and Travelers Casualty and Insurance Company of America,a corporation organized under the laws of the State of Connecticut and authorized to do business inthe State of Arizona, as Surety, are held and firmly bound unto Policeman’s Annuity and BenefitFund of Chicago and the class of plaintiffs it represents, as Obligee, in the maximum aggregatepenal sum of Ninety Five Million and no/100ths Dollars ($95,000,000.00), lawful money of the UnitedStates of America, for which payment well and truly to be made we bind ourselves, our heirs,executors, administrators, successors and assigns, jointly and severally, firmly by thisinstrument.On January 30, 2008, in a consolidated class action pending in the above court, with Policemen’sAnnuity and Benefit Fund of Chicago, et al, as lead plaintiff, judgment was rendered againstDefendants and duplicates of the judgment were filed in consolidated cases CV 04-2204-PHX-JAT andCV 04-2334-PHX-JAT, and Defendants having filed post-trial motions (Doc. Nos. 523, 524 and 525)with the above court, and having applied for and obtained an Order in the above court stayingenforcement of such judgment during the pendency of the post trial motions, and Defendantsintending, if the post-trial motions are denied, to file a notice of appeal from such judgment tothe United States Court of Appeals for the Ninth Circuit and in connection therewith to seek acontinued stay in enforcement of such judgment during the pendency of any appeal,THEREFORE, the condition of this obligation is that if Defendants shall prosecute their post trialmotions to effect and shall satisfy the judgment in full, together with costs, interest and damagesfor delay if the post trial motions are denied and no appeal taken, or if an appeal is taken shallprosecute their appeal to effect, and if the appeal is dismissed or the judgment is affirmed shallsatisfy in full such judgment as modified together with such costs, interest and damages for delayas the Court of Appeals may adjudge and award, subject however to the maximum aggregate penal sumstated herein, this obligation shall be void; otherwise it shall remain in full force and effect.In no event shall the maximum aggregate liability of the Surety under this Bond exceed Ninety FiveMillion and no/100ths Dollars ($95,000,000.00).
 

 
Travelers Casualty and Surety Company of America, as surety, submits itself to the jurisdiction ofthe District Court and irrevocably appoints the clerk of the District Court as Travelers’ agentupon whom any papers effecting its liability on this obligation may be served.SIGNED, SEALED AND DATED this 15th day of February, 2008.           **APOLLO GROUP, INC.**           By:      /s/ Joseph L. D’Amico                   Principal             **Travelers Casualty and Surety Company of**      **America**           By:      /s/ David G. Jensen                  David G. Jensen, Attorney-in-Fact  
 

 

WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER