alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1

Exhibit 11.01



                                      104
<PAGE>   2

                                                                   Exhibit 11.01

                                MACROMEDIA, INC.
                   COMPUTATION OF NET INCOME (LOSS) PER SHARE
                FOR THE YEARS ENDED MARCH 31, 1997, 1996 AND 1995
                      (IN THOUSANDS, EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>
                                                             YEAR ENDED           YEAR ENDED              YEAR ENDED
                                                           MARCH 31, 1997        MARCH 31, 1996         MARCH 31, 1995
                                                           --------------        --------------         --------------
<S>                                                        <C>                   <C>                    <C>     
Net income (loss)                                            $ (5,920)               $ 23,002               $  6,538

Weighted average number of shares outstanding:

        Common                                                 37,488                  34,899                 30,362

        Number of common stock
        equivalents as a result of
        warrants outstanding                                       --                      --                      6

        Number of common stock
        equivalents as a result of stock
        options outstanding                                        --                   4,145                  4,046

                                                             ========                ========               ========
Total                                                          37,488                  39,044                 34,414
                                                             ========                ========               ========

Net income (loss) per common stock and
common stock equivalent share                                $  (0.16)               $   0.59               $   0.19
                                                             ========                ========               ========
</TABLE>


All income per share amounts and number of shares have been retroactively stated
to reflect a two-for-one stock split which became effective October 16, 1995.



                                      105
<PAGE>

                                                                    EXHIBIT 23.2


                         INDEPENDENT AUDITORS' CONSENT

We hereby consent to the incorporation by reference into the Company's
Registration Statements on Form S-8, File Nos. 333-54890 and 333-61978 of our
report dated February 7, 2001, of our audit of the financial statements of 3-
Dimensional Pharmaceuticals, Inc. as of December 31, 2000 and for each of the
years in the two-year period then ended in this Form 10-K.



/s/ Richard A. Eisner & Company, LLP

New York, New York
April 9, 2002
#### COCA COLA BOTTLING COMPANY OF GUAM, INC., a Guam Corporation, Plaintiffs v. COCA COLA EXPORT CORPORATION, a Delaware Corporation, Defendant

Civil No. 711-74

Superior Court of Guam

August 3, 1976

BENSON, *Judge*

ORDER

Plaintiff's motion for an order requiring the production of certain documents came before the court on August 27, *3281976. After oral arguments, the matter was submitted for decision. The decision as to each request is set forth.

Request No. 2 — Denied.

Request No. 3 — Denied.

Request No. 4 — Denied.

Request No. 5 — Denied.

Request No. 7 — Denied.

Request No. 8 — Granted insofar as the Guam franchise holder is concerned, and for the period from January 1972 through January 1975.

Request No. 10 — Denied.

Request No. 13 — Granted for the period during which Lee Company had an interest in the Plaintiff and subsequent thereto as to documents which comment upon the Plaintiff’s performance of its franchise agreements.

Request No. 14 — Denied.

Request No. 15 — Granted insofar as the Guam franchise is concerned and for the period from January 1972 through January 1975.

Request No. 16 — Granted insofar as the Guam franchise is concerned and for the period from January 1972 through January 1975.

Request No. 19 — Granted.

Request No. 20 — Granted with respect to the Guam franchise.

Request No. 21 — Denied.

Request No. 23 — Granted.

Request No. 24 — Granted insofar as the Guam franchise is concerned and for the period from January 1972 through January 1975.

Request No. 27 — Granted.

Request No. 28 — Granted with respect to the Guam franchise.

Request No. 30 — Denied.

It is so ordered.
#### § 707.10 Scoping.

Scoping will be used to determine the extent of issues to be addressed by the EIS and to identify significant issues related to the proposed action. Scoping will be conducted as described by the CEQ NEPA regulations, §§ 1501.7 and 1508.25.
#### § 385.1601 Scope and purpose (Rule 1601).

The purpose of this subpart is to make inflation adjustments to the civil monetary penalties provided by law within the jurisdiction of the Commission. These penalties shall be subject to review and adjustment as necessary at least every year in accordance with the Federal Civil Penalties Inflation Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

[Order 826, 81 FR 43941, July 6, 2016]
<PAGE>   1
                                                                   EXHIBIT 10.46

                                 PROMISSORY NOTE

$500,000.00                                                 Norwich, Connecticut
                                                               April 4, 2000


         FOR VALUE RECEIVED, GUNTHER INTERNATIONAL, LTD., a Delaware corporation
("Maker") promises to pay to the order of GUNTHER PARTNERS, LLC ("Payee") at 667
Madison Ave., 7th Floor, New York, New York 10021, or at such other place as
Payee may designate in writing, the principal sum of FIVE HUNDRED THOUSAND
DOLLARS ($500,000) together with interest on the unpaid balance of the Note from
the date hereof until paid, at a fixed rate of eight percent (8%) per annum and
together with all costs of collection, including reasonable attorney's fees,
incurred in any action to collect this Note.

         All principal, accrued interest, and any other amounts owed under this
Note shall be due and payable in full ON DEMAND by Payee at any time after May
4, 2000.

         Maker shall have the right, at any time and from time to time, to
prepay the principal amount of this Note, in whole or in part, without premium
or penalty.

         Presentment, notice of dishonor, and protest are hereby waived.

         Any notice to Maker shall be given by mailing such notice by regular
mail, addressed to Maker at One Winnenden Road, Norwich, Connecticut 06360-1570
or to such other address as Maker may designate by notice to Payee. Any notice
to Payee shall be given by mailing such notice by regular mail, at the address
stated in the first paragraph of this Note, or at such other address as may have
been designated by notice to Maker.

         The word "Maker" shall include the successors and assigns of Maker
named herein and the word "Payee" shall include the successors and assigns of
Payee named herein. This Note shall be construed in accordance with the laws of
the State of Connecticut.


                                        GUNTHER INTERNATIONAL, LTD.

                                        By:    /s/ Marc I. Perkins
                                               Name: Marc I. Perkins
                                               Title: Chief Executive Officer
                                               Hereunto Duly Authorized
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6524
GILL A. JONES, Petitioner - Appellant, versus ROBERT E. WARD, Warden; CHARLES MOLONY CONDON, Attorney General for South Carolina, Respondents - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., District Judge. (CA-95-2321-17BD) Submitted: July 23, 1996 Decided: August 5, 1996 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Gill A. Jones, Appellant Pro Se. J. Pamela Price, SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order denying his motions for a default judgment, summary judgment, and to strikeRespondent's responses. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We deny a certificate of appealability and dismiss the appeal as interlocutory. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Attachment 006– TS1201UC – MANUFACTURING PROCESS

1 of 2 pages

Sanitized
Attachment 006 – TS1201UC – MANUFACTURING PROCESS

2 of 2pages

sanitized
§ 381.103 Filings. ( a ) *Submittal of fees.* Except as provided in §§ 274.201(e) and 381.106, a fee in the amount set forth in this part shall accompany each filing for which a fee has been established.
( b ) *Deficiencies.* ( 1 ) Any filing that is not accompanied by either the fee established for that filing or a petition for waiver in accordance with § 381.106(b) is deficient.
( 2 ) The Secretary will inform any person submitting a deficient filing that: ( i ) Such filing will be rejected unless the appropriate fee is submitted within a time specified by the Secretary;
( ii ) The Commission will not process any filing that is deficient under this paragraph; and
( iii ) The date of filing is the date on which the Commission receives the appropriate fee.
( 3 ) This provision does not preclude a determination that a filing is deficient for any other reason.
( c ) *Choice of two or more fees.* If a filing for one service or benefit may be considered as falling within two or more categories or services for which a fee is established, that filing must be accompanied by the higher or highest of the applicable fees.
[Order 360, 49 FR 5081, Feb. 10, 1984, as amended by Order 394, 49 FR 35365, Sept. 7, 1984]
# C_2013071EN.01000401.xml

| 9.3.2013 | EN | Official Journal of the European Union | C 71/4 |
| --- | --- | --- | --- |

9.3.2013

EN

Official Journal of the European Union

C 71/4

---

Judgment of the Court (Grand Chamber) of 22 January 2013 — European Commission v Tomkins plc

(Case C-286/11 P) (1)

1

(Appeal - Competition - Agreements, decisions and concerted practices - European market for copper and copper alloy fittings - Liability of the parent company stemming solely from the unlawful conduct of its subsidiary - Principle of ‘ne ultra petita’ - Effect on the legal situation of the parent company of an annulment determined by a judgment concerning a subsidiary)

2013/C 71/06

Language of the case: English

Parties

Parties

Appellant: European Commission (represented by: F. Castillo de la Torre, V. Bottka and R. Sauer, Agents)

Appellant:

Other party to the proceedings: Tomkins plc (represented by: K. Bacon, Barrister, instructed by S. Jordan, Solicitor)

Other party to the proceedings:

Re:

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 24 March 2011 in Case T-382/06 Tomkins v Commission annulling in part Commission Decision 2007/691/EC of 20 September 2006 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings) (notified under C(2006) 4180) concerning a cartel relating to fixing prices, agreeing on discounts and rebates, agreeing on implementation mechanisms for introducing price increases, allocating customers and exchanging commercial information, in the European market for copper fittings, particularly copper alloy fittings (OJ 2007 L 283, p.63), and reducing the fine imposed on Tomkins plc.

Tomkins

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders the European Commission to pay the costs. |
| --- | --- |

2.

Orders the European Commission to pay the costs.

---

(1)  OJ C 238, 13.8.2011.

1

---
Exhibit 32.1

                                  CERTIFICATION

      In connection with the Quarterly Report on Form 10-QSB of Image
Innovations Holdings Inc. (the "Company") for the period ended March 31, 2005,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Michael Preston, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, that:

      (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

      (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.




Date:  May 23, 2005                       By:       /s/ Michael Preston
                                             -----------------------------------
                                                    Michael Preston
                                                    Chief Executive Officer
Exhibit


Exhibit 10.2




M E M O R A N D U M


	
		
	TO:
	LTIP Participant

	 
	 

	FROM:
	Compensation Committee

	 
	 

	DATE:
	March ___, 2016

	 
	 

	RE:
	Long Term Incentive Plan

	 
	 




            
You have been selected to participate in the LKQ Corporation Long Term Incentive Plan (“LTIP”) for the 2016 to 2018 Performance Period.  The potential payout under your award is subject to all of the terms and conditions set forth in this memorandum and in the LTIP (a copy of which is attached to this memorandum).  In the event of any inconsistency between the terms and conditions of the LTIP and this memorandum, the terms and conditions of the LTIP shall control.


		
	Performance Period:
	January 1, 2016 to December 31, 2018




		
	Award Components: 
	See the attached Award Component Matrix




Each of diluted earnings per share, revenue and return on equity shall be increased to the extent that it was reduced in accordance with GAAP by objectively determinable amounts (in a manner consistent with Section 162(m) of the Internal Revenue Code), in each case due to:
 
1.    A change in accounting policy or GAAP;     
2.    Dispositions of assets or businesses;     
3.    Asset impairments;     
4.    Amounts incurred in connection with any financing;     
5.    Losses on interest rate swaps resulting from mark to     
market adjustments or discontinuing hedges;     
6.    Board approved restructuring, acquisition or similar charges     
including but not limited to charges in conjunction with     
or in anticipation of an acquisition;     
7.    Losses related to environmental, legal, product liability     
or other contingencies;     
8.    Changes in tax laws;     
9.    A Board approved divestiture of a material business (i.e.     
the performance goals will be adjusted to account for the     
divestiture, including, if appropriate, the pro-rata effect     
of targeted improvements);                              
10.    Changes in contingent consideration liabilities;
11.    Losses from discontinued operations; 
12.    Amortization expense related to acquired intangible assets; and
13.    Other extraordinary, unusual or infrequently occurring
items as specifically disclosed in the Company's
financial statements or filings under the Securities
Exchange Act of 1934.









In addition, the Compensation Committee shall adjust the Award Components or other features of the award (a) that relate to the value or number of the shares of common stock of the Company to reflect any stock dividend, stock split, recapitalization, combination or exchange of shares, or other similar changes in such stock, and (b) to account for changes in the value of foreign currencies of countries in which we operate versus the U.S. dollar (using the 2015 average respective exchange rates of CAD .7836, EUR 1.1104 and GBP 1.5289). 


Notwithstanding the foregoing, the Compensation Committee, in its sole discretion, may reduce the actual award payable to you below that which otherwise would be payable pursuant to the Award Component or may eliminate the actual award.
# C_2011226EN.01001001.xml

| 30.7.2011 | EN | Official Journal of the European Union | C 226/10 |
| --- | --- | --- | --- |

30.7.2011

EN

Official Journal of the European Union

C 226/10

---

Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 13 April 2011 — Finanzamt Steglitz v Ines Zimmermann

(Case C-174/11)

2011/C 226/17

Language of the case: German

Referring court

Referring court

Bundesfinanzhof

Parties to the main proceedings

Parties to the main proceedings

Appellant: Finanzamt Steglitz

Appellant:

Respondent: Ines Zimmermann

Respondent:

Questions referred

Questions referred

| 1. | Does Article 13(A)(1)(g) and/or (2)(a) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes (1) permit the national legislature to make the exemption of out-patient care services for those who are sick or in need of care dependent on the fact that, in the case of such organisations, ‘the costs of the care have been borne in at least two thirds of cases wholly or mainly by the statutory social security or social welfare authorities in the previous calendar year’ (Paragraph 4(16)(e) of the Umsatzsteuergesetz 1993)? |
| --- | --- |

1.

Does Article 13(A)(1)(g) and/or (2)(a) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes (1) permit the national legislature to make the exemption of out-patient care services for those who are sick or in need of care dependent on the fact that, in the case of such organisations, ‘the costs of the care have been borne in at least two thirds of cases wholly or mainly by the statutory social security or social welfare authorities in the previous calendar year’ (Paragraph 4(16)(e) of the Umsatzsteuergesetz 1993)?

1

| 2. | Is it relevant to the answer to this question, having regard to the principle of the neutrality of VAT, that the national legislature treats the same services as exempt under different conditions where they are carried out by officially recognised voluntary welfare associations, and corporations, associations of persons and funds serving purposes of voluntary welfare which are affiliated as members of a welfare association (Paragraph 4(18) of the Umsatzsteuergesetz 1993)? |
| --- | --- |

2.

Is it relevant to the answer to this question, having regard to the principle of the neutrality of VAT, that the national legislature treats the same services as exempt under different conditions where they are carried out by officially recognised voluntary welfare associations, and corporations, associations of persons and funds serving purposes of voluntary welfare which are affiliated as members of a welfare association (Paragraph 4(18) of the Umsatzsteuergesetz 1993)?

---

(1)  OJ 1977 L 145, p. 1.

1

---
§ 367.2450 Account 245, Derivative instrument liabilities—Hedges ( a ) This account must include the change in the fair value of derivative instrument liabilities designated by the service company as cash flow or fair value hedges.
( b ) A service company must record the change in the fair value of a derivative instrument liability related to a cash flow hedge in this account, with a concurrent charge to account 219, Accumulated other comprehensive income (§ 367.2190), with the effective portion of the derivative's gain or loss. The ineffective portion of the cash flow hedge must be charged to the same income or expense account that will be used when the hedged item enters into the determination of net income.
( c ) A service company must record the change in the fair value of a derivative instrument liability related to a fair value hedge in this account, with a concurrent charge to a subaccount of the asset or liability that carries the item being hedged. The ineffective portion of the fair value hedge must be charged to the same income or expense account that will be used when the hedged item enters into the determination of net income.
### SUBCHAPTER I—PERSONNEL RIGHTS AND BENEFITS

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–282, title I, §116(c)(1), Dec. 4, 2018, 132 Stat. 4229, inserted subchapter I designation and heading.
### §77hhh. Integration of procedure with Securities Act and other Acts

#### (a) Incorporation by reference

The Commission, by such rules and regulations or orders as it deems necessary or appropriate in the public interest or for the protection of investors, shall authorize the filing of any information or documents required to be filed with the Commission under this subchapter, or under the Securities Act of 1933 [15 U.S.C. 77a et seq.] or the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.], by incorporating by reference any information or documents on file with the Commission under this subchapter or under any such Act.

#### (b) Consolidation of applications, reports, etc.

The Commission, by such rules and regulations or orders as it deems necessary or appropriate in the public interest or for the protection of investors, shall provide for the consolidation of applications, reports, and proceedings under this subchapter with registration statements, applications, reports, and proceedings under the Securities Act of 1933 [15 U.S.C. 77a et seq.] or the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.].

(May 27, 1933, ch. 38, title III, §308, as added Aug. 3, 1939, ch. 411, 53 Stat. 1156; amended Pub. L. 111–203, title IX, §986(b)(2), July 21, 2010, 124 Stat. 1936.)

#### **Editorial Notes**

#### References in Text

The Securities Act of 1933, referred to in subsecs. (a) and (b), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, which is classified generally to subchapter I (§77a et seq.) of this chapter. For complete classification of this Act to the Code, see section 77a of this title and Tables.

The Securities Exchange Act of 1934, referred to in subsecs. (a) and (b), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§78a et seq.) of this title. For complete classification of this Act to the Code, see section 78a of this title and Tables.

#### Amendments

2010—Pub. L. 111–203 substituted "Securities Act of 1933 or the Securities Exchange Act of 1934" for "Securities Act of 1933, the Securities Exchange Act of 1934, or the Public Utility Holding Company Act of 1935" in subsecs. (a) and (b).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title.