alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.16


 


[HENRY COMPANY(R) LOGO]


 


	
   

  	
  December 9, 2002

  



 


Jeffrey A. Wahba


Chief Financial Officer


Henry Company


2911 Slauson Avenue


Huntington Park, California 90255


 


Re:       Revised
Incentive Compensation 


 


Dear Jeff:


 


This letter is to set forth certain agreements relating to the
Incentive Compensation Agreement (the “Incentive Agreement”) dated as of
December 22, 1988 and amended and restated as of August 1,1994, between the
Henry Company (“Company”) and you. In consideration of the foregoing, the Company
and you hereby agree as follows:


 


1.             The Deferred
Benefit Amount set forth in the Incentive Agreement is hereby fixed at $288,350
and is fully vested. The Company agrees to pay this amount in full to you
within 60 days of the date of this Agreement. Upon payment of the Deferred
Benefit Amount, the Incentive Agreement will terminate automatically, without
any further action on your or our part, and thereafter shall have no force and
effect.


 


2.             The Company will
pay you minimum annual cumulative bonus payments of $50,000 for the years
ending December 31, 2002 through December 31, 2008 (seven years’ cumulative
minimum total of $350,000). All bonuses received for 2002 through 2008 will be
counted against the minimums and applied first against the 2002 minimum, then
2003, and so forth.


 


If you leave the Company’s employment before December 31, 2008, the
amount of minimum cumulative bonus due you will be $50,000 times the number of
full years employed after December 31, 2001, plus $4,166 times the number of
full months in a partial year employed after December 31, 2001, less all
bonuses (including minimum bonuses) previously paid related to periods after
December 31, 2001.


 


3.             The Company has
indicated its intent relating to a long-term incentive compensation arrangement,
a copy of which is attached hereto. 
Event of sale payments pursuant to such arrangement or otherwise will
not be considered bonuses that would be applied against the minimum bonus set
forth above.


 


4.             Upon payment of the
existing Deferred Benefit Amount of $288,350 the guarantee by Mr. Warner Henry
pursuant to the agreement dated August 9, 2001, 2001 will be extinguished and
will have no force and effect.


 


 


Upon your signature set forth below, this letter will be a binding
agreement between us.


 


	
   

  	
  Henry Company

  
	
   

  	
   

  
	
   

  	
  By: 

  	
  /s/ Warner W. Henry

  	
   

  
	
   

  	
   

  	
  Warner W. Henry

  
	
   

  	
   

  	
  Chief Executive Officer

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By: 

  	
  /s/ William H. Baribault

  	
   

  
	
   

  	
   

  	
  William H. Baribault

  
	
   

  	
   

  	
  Chief Operating Officer

  



 


 


Accepted and Agreed this 9th

day of December, 2002:


 


	
  /s/ Jeffrey A. Wahba

  	
   

  
	
  Jeffrey A. Wahba
#### LINCOLN CONSTRUCTION CO. et al *v.*Robert McFALLS

5-5118

450 S. W. 2d 557

Opinion delivered March 2, 1970

*Gannaway ir Darrow,*for appellants.

*152
      *Reinberger, Eilbott*¿r *Staten,*for appellee.

George Rose Smith, Justice.

This is a workmen’s compensation *case*in which the claimant asserts that he sustained a back injury while working for the appellant on December 18, 1964. Both the referee and the commission denied the claim upon the ground that the proof did not establish the occurrence of an accidental injury in the course of the claimant’s employment. This appeal is from a judgment of the circuit court reversing the commission’s decision.

We find the testimony to be in such conflict that a decision either way by the commission -would be supported by substantial evidence. At the time of the asserted injury the claimant was one of a crew of carpenters engaged in roofing a small church at Gould. McFalls testified that he hurt his back while he was pulling up a two-by-six timber, sixteen to twenty feet long, which was being handed up by another workman below. Several of the claimant’s coworkers testified that they heard him say that he had hurt his back, but there is hardly any proof that they observed any indication of an injury other than hearing McFall’s statement.

Other evidence leaves the occurrence open to doubt. McFalls continued to work that afternoon and lost hardly any time from work during the following two months. He did not consult his doctor about the asserted injury until about ten days later. That physician had treated McFalls for pain in his back in 1957, 1958, 1961, and 1963, preceding the alleged injury in 1964. The doctor, with respect to the claimant’s visit some ten days after the accident, stated that he had no recollection of McFall’s having mentioned any cause for his condition, nor had the doctor made a notation of such a statement.

McFalls apparently waited for some time before reporting the asserted injury to his employer. He testified that he at once told his foreman, who was his brother, about the accident, but the brother was not offered as a witness. McFalls also testified that he reported the in*153jury to the employer’s managing partner some two months later, but that witness stated that he knew nothing of the injury until the following June. With the substantial evidence in such conflict we have no choice except to sustain the commission’s decision. *Reynolds Mining Co.*v. *Raper,*245 Ark. 749, 434 S. W. 2d 304 (1968).

The circuit court judgment is reversed.

Harris, C. J., not participating.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM A FORM
10-QSB FOR THE PERIOD ENDED SEPTEMBER 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FORM 10-QSB.
</LEGEND>
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                       4,999,952
<SECURITIES>                                 1,583,160
<RECEIVABLES>                                1,084,829
<ALLOWANCES>                                         0
<INVENTORY>                                    644,622
<CURRENT-ASSETS>                             8,506,221
<PP&E>                                       7,434,943
<DEPRECIATION>                               2,559,007
<TOTAL-ASSETS>                              13,383,407
<CURRENT-LIABILITIES>                          964,912
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,509,267
<OTHER-SE>                                   4,418,866
<TOTAL-LIABILITY-AND-EQUITY>                13,383,407
<SALES>                                      6,843,592
<TOTAL-REVENUES>                             7,307,509
<CGS>                                        3,502,271
<TOTAL-COSTS>                                2,643,227
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              72,020
<INCOME-PRETAX>                              1,089,991
<INCOME-TAX>                                   440,691
<INCOME-CONTINUING>                            649,300
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   649,300
<EPS-BASIC>                                        .15
<EPS-DILUTED>                                      .15


</TABLE>
**EXHIBIT 32**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**AND VICE PRESIDENT FINANCE AND ADMINISTRATION**

**PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

** **

Inconnection with the Amendment No. 1 toEMRISE Corporation’s (the “Company”) Quarterly Report on Form 10-Q for theperiod ended March 31, 2009 (the “Report”), the undersigned hereby certifyin their capacities as Chief Executive Officer and Vice President Finance andAdministration of the Company, respectively, pursuant to 18 U.S.C. section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that:

 

1.             the Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

2.             the information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 
| Dated: October 2, 2009 | By:    | /s/ CARMINE T. OLIVA                                   |
|-----------------------------|--------|--------------------------------------------------------|
|                        |   | Carmine T. Oliva                                       |
|                        |   | Chief Executive Officer (principal executive  officer) |
|                        |   |                                                   |
|                        |   |                                                   |
| Dated: October 2, 2009 | By:    | /s/ D. JOHN DONOVAN                                    |
|                        |   | D. John Donovan                                        |
|                        |   | Chief Financial Officer (principal financial  officer) |

 

*A signed original of this written statement required by Section 906,or other document authenticating, acknowledging, or otherwise adopting thesignatures that appear in typed form within the electronic version of thiswritten statement required by Section 906, has been provided to theCompany and will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.*

 

----
[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Notices]
[Page 38078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18232]


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

DEPARTMENT OF STATE

[Public Notice 6665]


U.S. Department of State Advisory Committee on Private 
International Law: Public Meeting on Revision of UNCITRAL Arbitration 
Rules

    A Working Group of the United Nations Commission on International 
Trade Law (UNCITRAL) has for some time been considering revisions to 
the 1976 UNCITRAL Arbitration Rules, which are widely used 
internationally. The next meeting of the Working Group is scheduled for 
September 14-18, and it is possible that the Working Group may conclude 
its work at that session. Accordingly, prior to that session a public 
meeting will be held, under the auspices of the Advisory Committee on 
Private International Law, to provide an update on the status of the 
Working Group discussions.
    Time and Place: The public meeting will take place in Room 240, 
South Building, 2430 E Street, NW., Washington, DC on September 9, 
2009. Visitors should appear at the gate at the southwest corner of 
23rd and C Streets by 12:45 p.m. EDT. The meeting will begin at 1 p.m. 
and is expected to last no later than 4 p.m. If you are unable to 
attend the public meeting and would like to participate from a remote 
location, teleconferencing will be available.
    Public Participation: It is requested that persons wishing to 
attend contact Trisha Smeltzer prior to September 2, 2009, at 
<a href="/cdn-cgi/l/email-protection#4a39272f263e302f383e210a393e2b3e2f642d253c"><span class="__cf_email__" data-cfemail="43302e262f3739263137280330372237266d242c35">[email protected]</span></a> or 202-776-8423 and provide their name, and date 
of birth for pre-clearance purposes, as well as e-mail address and 
affiliation. Members of the public who are not pre-cleared might 
encounter delays with security procedures. A member of the public 
requesting reasonable accommodation should make his or her request upon 
registering for the meeting. Such requests received after September 7th 
will be considered, but might not be possible to fulfill. Please 
contact Ms. Smeltzer for additional meeting information, including 
teleconferencing dial-in details.

    Dated: July 24, 2009.
Keith Loken,
Assistant Legal Adviser, Office of Private International Law, Office of 
the Legal Adviser, Department of State.
[FR Doc. E9-18232 Filed 7-29-09; 8:45 am]
BILLING CODE 7410-08-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
|                                      |
|--------------------------------------|
|                                      |  |
| Deutsche Bank Trust Company Americas | BNY Mellon Trust of Delaware |
| As Indenture Trustee                 | As Owner Trustee |
| Attn:  Michelle H.Y. Voon  | Attn: Robert Castle / Kristine Gullo |
| 100 Plaza One 6th Floor         | 100 White Clay Center, Suite 102 |
| Jersey City, NY 07311                | Newark, DE  19711 |

|                                                 |
|-------------------------------------------------|
|                                                 |  |
| The Bank of New York Mellon Trust Company, N.A. | Ally Auto Assets LLC |
| Attn:  Robert Castle                  | Ally Financial Inc. |
| 2 North LaSalle Street, Suite 1020              | 500 Woodward Ave |
| Chicago, IL  60602                    | Mail code:  MI-01-20-TRES |
|                                            | Detroit, MI 48226 |

|        |
|--------|
|        |  |
| Re:    | Ally Auto Receivables Trust 2015-2 |
|   | Annual Statement as to Compliance |

|    |
|----|
|    |  |
| a. | A review of the activities of the Servicer during the period of January 1, 2016 through   December 31, 2016, and of its performance under the Servicing Agreement has been made under his supervision, and |

|    |
|----|
|    |  |
| b. | To the best of his knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Servicing Agreement throughout such period. |

|        |
|--------|
|        |  |  |
|   | Very truly yours, |
|   |   |
|   | /s/ David J. DeBrunner |   |
|   | David J. DeBrunner |
|   | Vice President, Controller and Chief Accounting Officer |
|   |   |
```

[115th Congress Public Law 14]
[From the U.S. Government Publishing Office]

[[Page 131 STAT. 78]]

Public Law 115-14
115th Congress

                            Joint Resolution

 
  Providing for congressional disapproval under chapter 8 of title 5, 
United States Code, of the rule submitted by the Department of Education 
 relating to teacher preparation issues. <<NOTE: Mar. 27, 2017 -  [H.J. 
                               Res. 58]>> 

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress disapproves the 
rule submitted by the Department of Education relating to teacher 
preparation issues (published at 81 Fed. Reg. 75494 (October 31, 2016)), 
and such rule shall have no force or effect.

    Approved March 27, 2017.

LEGISLATIVE HISTORY--H.J. Res. 58:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 163 (2017):
            Feb. 7, considered and passed House.
            Mar. 7, 8, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2017):
            Mar. 27, Presidential remarks.

                                  <all>
```
§ 1.190-3 Election to deduct architectural and transportation barrier removal expenses. ( a ) *Manner of making election.* The election to deduct expenditures for removal of architectural and transportation barriers provided by section 190(a) shall be made by claiming the deduction as a separate item identified as such on the taxpayer's income tax return for the taxable year for which such election is to apply (or, in the case of a partnership, to the return of partnership income for such year). For the election to be valid, the return must be filed not later than the time prescribed by law for filing the return (including extensions thereof) for the taxable year for which the election is to apply.
( b ) *Scope of election.* An election under section 190(a) shall apply to all expenditures described in § 1.190-2 (or in the case of a taxpayer whose architectural and transportation barrier removal expenses exceed $25,000 for the taxable year, to the $25,000 of such expenses with respect to which the deduction is claimed) paid or incurred during the taxable year for which made and shall be irrevocable after the date by which any such election must have been made.
( c ) *Records to be kept.* In any case in which an election is made under section 190(a), the taxpayer shall have available, for the period prescribed by paragraph (e) of § 1.6001-1 of this chapter (Income Tax Regulations), records and documentation, including architectural plans and blueprints, contracts, and any building permits, of all the facts necessary to determine the amount of any deduction to which he is entitled by reason of the election, as well as the amount of any adjustment to basis made for expenditures in excess of the amount deductible under section 190.
[T.D. 7634, 44 FR 13273, July 24, 1979]
§ 1.162-25T Deductions with respect to noncash fringe benefits (temporary). ( a ) *Employer.* If an employer includes the value of a noncash fringe benefit in an employee's gross income, the employer may not deduct this amount as compensation for services, but rather may deduct only the costs incurred by the employer in providing the benefit to the employee. The employer may be allowed a cost recovery deduction under section 168 or a deduction under section 179 for an expense not chargeable to capital account, or, if the noncash fringe benefit is property leased by the employer, a deduction for the ordinary and necessary business expense of leasing the property.
( b ) [Reserved]
( c ) *Examples.* The following examples illustrate the provisions of this section. ( 1 ) On January 1, 1986, X Company owns and provides the use of an automobile with a fair market value of $20,000 to E, an employee, for the entire calendar year. Both X and E compute taxable income on the basis of the calendar year. Seventy percent of the use of the automobile by E is in connection with X's trade or business. If X uses the special rule provided in § 1.61-21(d) for valuing the availability of the automobile and takes into account the amount excludable as a working condition fringe, X would include $1,680 ($5,600, the Annual Lease Value, less 70 percent of $5,600) in E's gross income for 1986. X may not deduct the amount included in E's income as compensation for services. X may, however, determine a cost recovery deduction under section 168, subject to the limitations under section 280F, for taxable year 1986.
( 2 ) The facts are the same as in Example (1) of paragraph (c)(1) of this section, except that X includes $5,600 in E's gross income, the value of the noncash fringe benefit without taking into account the amount excludable as a working condition fringe. X may not deduct that amount as compensation for services, but may determine a cost recovery deduction under section 168, subject to the limitations under section 280F. For purposes of determining adjusted gross income, E may deduct $3,920 ($5,600 multiplied by the percent of business use).
[T.D. 8061, 50 FR 46013, Nov. 6, 1985, as amended by T.D. 8063, 50 FR 52312, Dec. 23, 1985; T.D. 8276, 54 FR 51026, Dec. 12, 1989; T.D. 8451, 57 FR 57669, Dec. 7, 1992; T.D. 9849, 84 FR 9233, Mar. 14, 2019]
EXHIBIT 32.1
 CERTIFICATION OF CEO AND CFO PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  
    1.
    
    the Report fully complies with the requirements of Section 13(a) or 15(d) of the Exchange
Act; and2.
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of Zix Corporation.
 /s/ RICHARD D. SPURRName:
    Richard D. SpurrTitle:
    President and Chief Executive Officer/s/ RICHARD D. SPURRName:
    Richard D. SpurrTitle:
    Principal Financial Officer
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 24

- 30061 Summary Calendar

**____________ United States of America,**  Plaintiff

— Appellee **,**

versus **Djuan Parker,** Defendant

— Appellant

**.**

**______________________________** Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:18

- CR

- 74

- 1

**______________________________** Before **Elrod, Haynes,** and **Duncan,** Circuit Judges

**. Per Curiam**  **:** *****
The Federal Public Defender appointed to represent Djuan Parker has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Parker has filed a response. We have reviewed counsel ’ s brief and the relevant portions of the record reflected therein, as well as

**_____________________**

* This opinion is not designated for publication. See **5th Cir**

**. R** 

**.** 47.5. United States Court of Appeals Fifth Circuit 

### FILED August 2, 2024 Lyle W. Cayce Clerk Case: 24-30061 Document: 44-1 Page: 1 Date Filed: 08/02/2024No. 24

- 30061

2 Parker ‘ s response . We concur with counsel ’ s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel ’ s motion for leave to withdraw is **GRANTED** , counsel is excused from further responsibilities herein, and the appeal is **DISMISSED**

. See **5th Cir. R** 

**.** 42.2.
There is a clerical error in the revocation order. The list of violations in the order includes Violation Number 2, which the Government withdr ew during the revocation hearing. Accordingly, we **REMAND** for correction of the clerical error in the revocation order in accordance with Federal Rule of Criminal Procedure 36. See United States v. Illies , 805 F.3d 607, 610 (5th Cir. 2015)

. Case: 24-30061 Document: 44-1 Page: 2 Date Filed: 08/02/2024
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7884

ALICIA MAGALLON GUERRERO, Plaintiff - Appellant, versus SHELIA CLARK; MR. SHEPARD; JOHN PRIT; BARRY MILLER; DENISE CARTER, Defendants - Appellees.Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CA-01-765-2) Submitted: February 14, 2002 Decided: February 27, 2002 Before WIDENER, LUTTIG, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Alicia Magallon Guerrero, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Alicia Magallon Guerrero appeals from the district court’s order dismissing for improper venue her action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Guerrero v. Clark , No. CA-01- 765-2 (E.D. Va. Oct. 23, 2001). We deny Guerrero’s motion for injunction in which she seeks a transfer to a federal correctional facility. 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.

AFFIRMED