alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
##### 



Exhibit 12
 
 Year Ended December 31,2005
    
    
    2004
    
    
    2003
    
    
    2002
    
    
    2001Pre-tax income from continuing
operations
    
    $
    69,344
    
    
    $
    56,792
    
    
    $
    49,312
    
    
    $
    33,402
    
    
    $
    40,277Fixed Charges:Interest expense
    
    $
    9,579
    
    
    $
    9,589
    
    
    $
    6,289
    
    
    $
    1,885
    
    
    $
    4,968Amortized premium
    
    
    
    
    
    
    
    
    
    
    91
    
    
    
    61
    
    
    
    61Interest component of rental
expense(1)
    
    
    565
    
    
    
    486
    
    
    
    411
    
    
    
    352
    
    
    
    519Total Fixed Charges
    
    $
    10,144
    
    
    $
    10,075
    
    
    $
    6,791
    
    
    $
    2,298
    
    
    $
    5,548Pre-tax income from continuing
operations plus fixed charges
    
    $
    79,488
    
    
    $
    66,867
    
    
    $
    56,103
    
    
    $
    35,700
    
    
    $
    45,825Ratio of Earnings to Fixed Charges
    
    
    7.8x
    
    
    
    6.6X
    
    
    
    8.3X
    
    
    
    15.5X
    
    
    
    8.3X
 Quarter Ended
    
    
    First Half EndedJuly 1, 2006
    
    
    July 1, 2006Pre-tax income from continuing
operations
    
    $
    27,706
    
    
    $
    52,319Fixed Charges:Interest expense
    
    $
    2,388
    
    
    $
    4,799Interest component of rental
expense(1)
    
    
    122
    
    
    
    244Total Fixed Charges
    
    $
    2,510
    
    
    $
    5,043Pre-tax income from continuing
operations plus fixed charges
    
    $
    30,216
    
    
    $
    57,362Ratio of Earnings to Fixed Charges
    
    
    12.0X
    
    
    
    11.4X
 The Company has adopted Statement of Financial Accounting Standards No. 142, Goodwill and
Other Intangible Assets, effective with the year beginning January 1, 2002. If the Company had
adopted this accounting change beginning January 1, 2001, and had not amortized goodwill as under
prior accounting policies, the ratio of earnings to fixed charges
would have been 8.8x for the year
ended December 31, 2001. 
 (1)
    
    Represents appropriate portion (1/3) of rental expense.
#### § 3190.2 Recordkeeping, funding and audit.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 20, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-51084

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

BRUNO MARCOS REYES-CORTEZ,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:04-CR-530-ALL

--------------------

Before SMITH, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Bruno Marcos

Reyes-Cortez raises arguments that are foreclosed by AlmendarezTorres v. United States, 523 U.S. 224, 235 (1998), which held

that a prior conviction is a sentencing factor under 

8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The

Government’s motion for summary affirmance is GRANTED, and the

judgment of the district court is AFFIRMED.
§ 3120.53 Award of lease. ( a ) A bid will not be withdrawn and will constitute a legally binding commitment to execute the lease bid form and accept a lease, including the obligation to pay the bonus bid, first year's rental, and processing fee. Execution by the high bidder of a competitive lease bid form approved by the Director constitutes certification of compliance with 43 CFR subpart 3102, will constitute a binding lease offer, including all terms and conditions applicable thereto, and must be submitted when payment is made in accordance with § 3120.62(b). Failure to comply with § 3120.62(c) will result in rejection of the bid and forfeiture of the monies submitted under § 3120.62(b).
( b ) A lease will be awarded to the highest responsible and qualified bidder. A copy of the lease will be provided to the lessee after signature by the authorized officer.
( c ) If a bid is rejected, the land may be reoffered competitively under this subpart.
( d ) The BLM will not issue a lease until it resolves all protests covering the lands to be leased.
( e ) Leases will be issued within 60 calendar days, following payment by the successful bidder of the remainder of the bonus bid, if any, and the annual rental for the first lease year. If the BLM cannot issue the lease within 60 days, the BLM, with the consent of the bidder, may reject the offer.
EXHIBIT 10.2
                                                                    ------------

March 15, 2006                                            [ELECTRONIC SENSOR
                                                          TECHNOLOGY, INC. LOGO]
Philip Y. Yee
5541 Adelina Court
Agoura Hills, CA  91301

Dear Mr. Yee:

Electronic Sensor Technology, Inc. is pleased to offer you the position of
Controller with the following compensation package:

1.   Starting base salary of $75,000/year. It will be adjusted to $80,000/year
     after completion of the three-month trial period.
2.   A stock option grant of 75,000 shares, after completion of the above
     mentioned three-month trial period and subject to the approval of the board
     of directors, with 15,000 shares vest immediately on the date of grant and
     the rest to be vest in four equal installments at 15,000 shares on each of
     your employment anniversary date for the next four years.
3.   Eligible to participate in a number of Company sponsored benefits including
     two weeks paid vacation, one week sick leave and one week bereavement leave
     based on actual needs, all in accordance with the Company's policies as in
     effect from time to time. In addition, you will be covered under Company
     paid health insurance program including major medical, dental and vision
     care, group life insurance of $15,000 and long term disability. You will
     also be eligible to participate in the 401(k) plan after one-year service.
4.   You will be reporting to the Vice President of Finance and Administration.

You are expected to execute the company standard forms of Assignment of Rights
(for new inventions and work products), Confidentiality and Non-Disclosure
Agreements as shall be provided to you by the Company upon your reporting to
work.

We feel strongly that you will be an asset to the company and can contribute to
the growth of Electronic Sensor Technology as a team player.

                                                             Sincerely,


                                                             /s/ Teong C. Lim
                                                             -------------------
                                                             Teong C. Lim, Ph.D.
                                                             President and CEO

Accepted and Agreed to the Offer
And will report to duty on _____________

/s/ Philip Yee    Dated 3/16/06
##### 



Exhibit 32.2 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 The undersigned hereby certifies, in accordance with 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in his
capacity as an officer of Emmis Communications Corporation (the Company),
that, to his knowledge:  (1)
    
    the Annual Report of the Company on Form 10-K for the period ended
February 29, 2004, 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 such report fairly presents, in all material
respects, the financial condition and results of operations of the
Company. Dated: May 14, 2004 /s/ WALTER Z. BERGERWalter Z. BergerExecutive Vice President, Treasurerand Chief Financial Officer
[Federal Register Volume 69, Number 191 (Monday, October 4, 2004)]
[Notices]
[Page 59269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22163]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--National Center for Manufacturing Sciences, 
Inc.

    Notice is hereby given that, on July 13, 2004, pursuant to section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), National Center for Manufacturing 
Sciences has filed written notifications simultaneously with the 
Attorney General and the Federal Trade Commission disclosing changes in 
its membership status. The notifications were filed for the purpose of 
extending the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. 
Specifically, DIT-MCO International, Kansas City, MO; Koops Inc., 
Holland, MI: and Lockheed Martin Corporation, Oldsmar, FL have been 
added as parties to this venture. Also, Amatrol, Inc., Jeffersonville, 
IN; LFX Technologies LLC, Bloomfield Hills, MI; JWH Group, Inc., 
Peninsula, OH; Telesis Technologies, Inc., Roswell, GA; and Vacuum 
Instrument Corporation, Ronkonkoma, NY have been dropped as parties to 
this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and National Center for Manufacturing 
Sciences intends to file additional written notification disclosing all 
changes in membership.
    On February 20, 1987, National Center for Manufacturing Sciences 
filed its original notification pursuant to section 6(a) of the Act. 
The Department of Justice published a notice in the Federal Register 
pursuant to section 6(b) of the Act on March 17, 1987 (52 FR 8375).
    The last notification was filed with the Department on April 28, 
2004. A notice was published in the Federal Register pursuant to 
section 6(b) of the Act on May 28, 2004 (69 FR 30721-02).

Dorothy B. Fountain,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 04-22163 Filed 10-1-04; 8:45 am]
BILLING CODE 4410-11-M
Exhibit








Exhibit 10.1


THIRD AMENDMENT
TO
BOSTON PRIVATE FINANCIAL HOLDINGS, INC.
2010 INDUCEMENT STOCK PLAN
		
	A.
	The Boston Private Financial Holdings, Inc. 2010 Inducement Stock Plan (the “Plan”) is hereby amended by deleting the first sentence of Section 3(a) and substituting therefore the following:


“The maximum number of shares of Stock reserved and available for issuance under the Plan shall be 1,845,000 shares.”
		
	B.
	The Plan is hereby amended by deleting the Section 11(b) and substituting therefore the following:


“Payment in Stock. Subject to approval by the Administrator, a grantee may elect to have the Company’s required tax withholding obligation satisfied, in whole or in part, by authorizing the Company to withhold from shares of Stock to be issued pursuant to any Award a number of shares with an aggregate Fair Market Value (as of the date the withholding is effected) that would satisfy the withholding amount due; provided, however, that the amount withheld does not exceed the maximum statutory tax rate or such lesser amount as is necessary to avoid liability accounting treatment.  The Administrator may also require Awards to be subject to mandatory share withholding up to the required withholding amount.  For purposes of share withholding, the Fair Market Value of withheld shares shall be determined in the same manner as the value of Stock includible in income of the Participants.  The required tax withholding obligation may also be satisfied, in whole or in part, by an arrangement whereby a certain number of shares of Stock issued pursuant to any Award are immediately sold and proceeds from such sale are remitted to the Company in an amount that would satisfy the withholding amount due.”
		
	C.
	The effective date of this Third Amendment shall be November 26, 2018.


D.Except as amended herein, the Plan is confirmed in all other respects.
§ 18.200 Agency and legislative liaison. ( a ) The prohibition on the use of appropriated funds, in § 18.100 (a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.
( b ) For purposes of paragraph (a) of this section, providing any information specifically requested by an agency or Congress is allowable at any time.
( c ) For purposes of paragraph (a) of this section, the following agency and legislative liaison activities are allowable at any time only where they are not related to a specific solicitation for any covered Federal action: ( 1 ) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and,
( 2 ) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.
( d ) For purposes of paragraph (a) of this section, the following agencies and legislative liaison activities are allowable only where they are prior to formal solicitation of any covered Federal action: ( 1 ) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;
( 2 ) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and,
( 3 ) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507 and other subsequent amendments.
( e ) Only those activities expressly authorized by this section are allowable under this section.
II 

117TH CONGRESS 

2D SESSION S. 4571 

To reaffirm that the President of the United States lacks the authority 

to stop oil and gas leasing on Federal public land. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2022 

Mr. LEE (for himself and Mr. SCOTT of Florida) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To reaffirm that the President of the United States lacks 

the authority to stop oil and gas leasing on Federal 

public land. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ONSHORE OIL AND GAS LEASE SALES. 

4 (a) QUARTERLY ONSHORE OIL AND GAS LEASE

5 SALES.—Notwithstanding any other provision of law, the 

6 President may not pause, or otherwise prevent from occur7 ring, quarterly onshore oil and gas lease sales as required 

8 by section 17(b)(1)(A) of the Mineral Leasing Act (30 

9 U.S.C. 226(b)(1)(A)). 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 4571 IS

1 (b) REPLACEMENT OIL AND GAS LEASE SALES.— 

2 If, for any reason, an oil and gas lease sale conducted 

3 under section 17 of the Mineral Leasing Act (30 U.S.C. 

4 226) for a calendar year is canceled, delayed, or deferred 

5 or is paused due to section 208 of Executive Order 14008 

6 (42 U.S.C. 4321 note; relating to tackling the climate cri7 sis at home and abroad), the Secretary shall conduct a 

8 replacement sale by not later than 2 calendar years after 

9 the date of the cancellation, delay, deferral, or pause, as 

10 applicable. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549



                                    FORM 8-K

                                 CURRENT REPORT
                       Pursuant to Section 13 or 15(d) of
                      the Securities Exchange Act of 1934



                                 March 4, 2004
                Date of Report (Date of earliest event reported)

                       ASSOCIATED MATERIALS INCORPORATED
             (Exact Name of Registrant as Specified in Its Charter)

                                                                 75-1872487
           Delaware                      000-24956              (IRS Employer
(State or Other Jurisdiction of   (Commission File Number)   Identification No.)
        Incorporation)


                                 3773 State Road
                           Cuyahoga Falls, Ohio 44223
                    (Address of Principal Executive Offices)

                                 (330) 929-1811
              (Registrant's Telephone Number, Including Area Code)


<PAGE>

Item 5.  OTHER EVENTS AND REGULATION FD DISCLOSURE

        On March 4, 2004, AMH Holdings, Inc., which is the indirect parent
company of Associated Materials Incorporated, issued a press release announcing
the completion of the offering of $446 million aggregate principal amount at
maturity of its 11 1/4% senior discount notes due 2014, resulting in gross
proceeds of approximately $258 million.

        The notes were offered in the United States only to qualified
institutional buyers pursuant to Rule 144A under the Securities Act of 1933, as
amended (the "Securities Act"), and outside the United States pursuant to
Regulation S under the Securities Act. The notes have not been registered under
the Securities Act and may not be offered or sold in the United States absent
registration under, or an applicable exemption from the registration
requirements of, the Securities Act.

        A copy of the press release is attached as Exhibit 99.1 hereto.

Item 7.  FINANCIAL STATEMENTS AND EXHIBITS

(c)  Exhibits

Exhibit
Number       Description of Document
-------      -----------------------
99.1         Press Release dated March 4, 2004, issued by AMH Holdings, Inc.

<PAGE>

                                   SIGNATURE

        Pursuant to the requirements of the Securities Exchange Act of 1934, as
amended, the Registrant has duly caused this report to be signed on its behalf
by the undersigned hereunto duly authorized.

                                          ASSOCIATED MATERIALS INCORPORATED


Date:  March 4, 2004                      By:   /s/ D. Keith LaVanway
                                              ----------------------------------
                                                D. Keith LaVanway
                                                Vice President, Chief Financial
                                                Officer, Treasurer and Secretary
[Federal Register Volume 69, Number 190 (Friday, October 1, 2004)]
[Notices]
[Pages 58942-58943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22071]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1558-DR]


West Virginia; Amendment No. 1 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of West Virginia (FEMA-1558-DR), dated September 20, 
2004, and related determinations.

EFFECTIVE DATE: September 24, 2004.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal 
Emergency Management Agency, Washington, DC 20472, (202) 646-2705.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of West Virginia is hereby amended to include the 
following areas among those areas determined to have been adversely 
affected by the catastrophe declared a major disaster by the President 
in his declaration of September 20, 2004:

    Berkeley, Cabell, Jackson, Kanawha, Lincoln, Mason, Morgan, and 
Wood Counties for Individual Assistance and debris removal and 
emergency protective measures (Categories A & B) under the Public 
Assistance Program.

[[Page 58943]]

    Brooke, Hancock, Marshall, Ohio, Pleasants, Tyler, Wetzel, and 
Wirt Counties for debris removal and emergency protective measures 
(Categories A & B) under the Public Assistance Program (already 
designated for Individual Assistance.)

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services Program; 97.034, 
Disaster Unemployment Assistance (DUA); 97.046, Fire Management 
Assistance; 97.048, Individuals and Households Housing; 97.049, 
Individuals and Households Disaster Housing Operations; 97.050, 
Individuals and Households Program--Other Needs; 97.036, Public 
Assistance Grants; 97.039, Hazard Mitigation Grant Program)

Michael D. Brown,
Under Secretary, Emergency Preparedness and Response, Department of 
Homeland Security.
[FR Doc. 04-22071 Filed 9-30-04; 8:45 am]
BILLING CODE 9110-10-P