alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment Number 1, dated January 3, 2007



 EXHIBIT 10.6.1 
 Amendment Number 1 to 
 AMENDED AND RESTATED 
 EMPLOYMENT AGREEMENT 
 James F.
Roberts 
 THIS AMENDMENT, is made effective as of January 3, 2007, by and between Foundation Coal Corporation, a Delaware
corporation (the “Company”) and (“Executive”). 
 WHEREAS, the Company and Executive previously entered
into an Amended and Restated Employment Agreement, dated March 13, 2006 (the “Employment Agreement”); and 
 WHEREAS,
the Compensation Committee of the Board of Directors of the Company (“Committee”) has considered the annual bonus percentage of base salary for obtaining target performance contained in the Employment Agreement; and 
 WHEREAS, the Compensation Committee requested a report from its independent compensation consultant regarding the appropriate percentage level of base
salary for obtaining target performance; and 
 WHEREAS, the Compensation Committee has reviewed the information provided by independent
compensation consultant and has determined it would be in the best interest of the Company and its Stockholders to amend the Employment Agreement to revise the percentage level of base salary for obtaining target performance. 
 NOW, THEREFORE, in consideration of the premises and mutual covenants herein and for other good and valuable consideration, the parties agree as follows:

 Section 4. Annual Bonus. The Percent of Base Salary is revised for obtaining 100% of Target Performance as shown: 

From: 
  

							
	 Company
 Performance
	  	 Percent of
Base Salary
	  	 Individual
 Performance
	  	 Percent of
Base Salary

	 100% of Target
	  	56.25%	  	Target	  	18.75%

 To: 
  

							
	 Company
 Performance
	  	 Percent of
Base Salary
	  	 Individual
 Performance
	  	 Percent of
Base Salary

	 100% of Target
	  	63.75%	  	Target	  	21.25%

  

 1 








 Except as otherwise noted in this Amendment Number 1, all other terms and conditions of the Employment Agreement remain
as originally written. In the event of any inconsistency between the terms of this Amendment Number 1 and the terms of the Employment Agreement, the terms of this Amendment Number 1 shall be controlling. 
 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. 
  

									
	FOUNDATION COAL CORPORATION	 		 	JAMES F. ROBERTS
					
	  	 	/S/ MICHAEL R. PEELISH	 		 	  	 	/S/    JAMES F. ROBERTS
	 By:
 Title:
	 	 Michael R. Peelish
 SVP Safety and Human
Resources
	 		 		 	

  

 2
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 221 Received in Senate (RDS)]

  2d Session
H. CON. RES. 221

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 27, 1996

                                Received

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
                Correcting the enrollment of H.R. 3159.

    Resolved by the House of Representatives (the Senate concurring), 
That, in the enrollment of the bill H.R. 3159, the Clerk of the House 
of Representatives shall make the following corrections:
            (1) In section 5902(b) proposed to be inserted in title 49, 
        United States Code, by section 204(b), strike ``electric'' and 
        insert ``electronic''.
            (2) In section 204(e)(1), by inserting after 
        ``respectively'' the following: ``, and by moving the text of 
        paragraph (2), as so redesignated down 1 line and to the left, 
        flush full measure and indenting such paragraph''.
            (3) In section 205(1), by inserting ``in subsection (a)'' 
        before ``a comma''.
            (4) In paragraph (4) of section 5905(a) proposed to be 
        inserted in title 49, United States Code, by section 206, after 
        ``(c),'', move the remainder of the text of the paragraph down 
        1 line and to the left, flush full measure.
            (5) In section 206(2), by striking ``9(b)(1)'' and 
        inserting ``(b)(1)''.

            Passed the House of Representatives September 26, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

                              By Jeff Trandahl,

                                                Assistant to the Clerk.
```
exv4w5



 





EXHIBIT
4.5




March 6, 2007




Securities and Exchange Commission

100 F Street, N.W.

Washington, D.C. 20549




Re: Brookfield Homes Corporation




Ladies and Gentlemen:



In accordance with Item 601(b)(4)(iii) of Regulation S-K, Brookfield Homes Corporation (the
“Registrant”) has not filed herewith any instrument with respect to long-term debt not being
registered where the total number of securities authorized thereunder does not exceed ten percent
(10%) of the total assets of the Registrant and its subsidiaries on a consolidated basis. The
Registrant hereby agrees to furnish a copy of any such agreement to the Securities and Exchange
Commission upon request.




Sincerely,




BROOKFIELD HOMES CORPORATION




	 	 	 
	/s/ PAUL G. KERRIGAN
 

Paul G. Kerrigan

Executive Vice President and Chief Financial Officer
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 259 Agreed to Senate (ATS)]

103d CONGRESS
  2d Session
S. RES. 259

   Commending the President and the special delegation to Haiti, and 
          supporting the United States Armed Forces in Haiti.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 20 (legislative day, September 12), 1994

    Mr. Mitchell (for himself and Mr. Dole) submitted the following 
                    resolution; which was considered

           September 21 (legislative day, September 12), 1994

                        Considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
   Commending the President and the special delegation to Haiti, and 
          supporting the United States Armed Forces in Haiti.

Whereas the special delegation sent to Haiti on September 17, 1994, has 
        succeeded in convincing the de facto authorities in Haiti to agree to 
        leave power;
Whereas on September 18, 1994, after an agreement was reached in Port-au-Prince 
        that day, the President ordered the present deployment of men and women 
        of the United States Armed Forces in and around Haiti;
Whereas U.S. and multilateral sanctions have imposed a heavy burden on the 
        Haitian people; and
Whereas the Congress and the people of the United States have great pride in the 
        men and women of the United States Armed forces and fully support them 
        in all their efforts overseas, including those in Haiti: Now, therefore, 
        be it
    Resolved, That the Senate--
            (1) commends the efforts of the President in sending former 
        President Jimmy Carter, retired General Colin Powell and 
        Senator Sam Nunn to Haiti in an effort to avoid the loss of 
        American lives;
            (2) fully supports the men and women of the United States 
        Armed Forces in Haiti who are performing with professional 
        excellence and dedicated patriotism;
            (3) supports the departure from power of the de facto 
        authorities in Haiti, and Haitian efforts to achieve national 
        reconciliation, democracy, and the rule of law;
            (4) supports lifting without delay of U.S. unilateral 
        economic sanctions on Haiti, and lifting without delay of 
        economic sanctions imposed pursuant to U.N. resolutions in 
        accordance with such resolutions; and
            (5) supports a prompt and orderly withdrawal of all United 
        States Armed Forces from Haiti as soon as possible.
                                 <all>
```
| (logo) WELLS FARGO | **Corporate Trust Services**MAC R1204-0109062 Old Annapolis RoadColumbia, MD 21045Tel: 410 884 2000 Fax: 410 715 2380 |
|--------------------|-----------------------------------------------------------------------------------------------------------------------|

 Wells Fargo Commercial Mortgage Securities, Inc.375 PARK AVE FL 2Wells Fargo Securities, LLCNEW YORK, New York 10152-0002  RE: Annual Statement of Compliance for Wells Fargo Commercial Mortgage Trust 2015-C31 Commercial Mortgage Pass-Through Certificates, Series 2015-C31 Per the Pooling and Servicing Agreement dated as of November 1, 2015 (the "Agreement"), the undersigned, a duly authorized officer of Wells Fargo Bank, N.A., as Certificate Administrator ("Wells Fargo"), hereby certifies as follows as of and for the year ending December 31, 2015 (the "Reporting Period"): (a) A review of Wells Fargo's activities during the Reporting Period and of its performance under the Agreement has been made under such officer's supervision; and (b) To the best of such officer's knowledge, based on such review, Wells Fargo has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period.  February 25, 2016/s/ BRIAN SMITHBRIAN SMITHVice President  Wells Fargo Bank, N.A.
<PAGE>

                                                                    Exhibit 32.1

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the
undersigned officer of Craftmade International, Inc. (the "Company"), does
hereby certify, to such officer's knowledge, that:

         The Quarterly Report on Form 10-Q for the quarter ended December 31,
2003 (the "Form 10-Q") of the Company fully complies with the requirements of
Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934
and the information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the Company as
of, and for, the periods presented in the Form 10-Q.

Date: February 11, 2004                         /s/ James R. Ridings
                                              ------------------------------
                                                    James R. Ridings
                                                    Chairman of the Board,
                                                    President and
                                                    Chief Executive Officer

         The foregoing certification is being furnished as an exhibit to the
Form 10-Q pursuant to Item 601(b)(32) of Regulation S-K and Section 906 of the
Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63
of Title 18, United States Code) and, accordingly, is not being filed as part of
the Form 10-Q for purposes of Section 18 of the Securities Exchange Act of 1934,
as amended, and is not incorporated by reference into any filing of the Company,
whether made before or after the date hereof, regardless of any general
incorporation language in such filing.
JotED STq~.~s 

Alk UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

z W 

MEMORANDUM 

WASHINGTON, D.C. 20460 

JUN - 120aT 

OFFICE OF 

AIR AND RADIATION 

SUBJECT: Guidance for Setting Reasonable Progress Goals under the Regional Haze 

Program 

FROM: William L. Wehrum /!` ~~ 

Acting Assistant Adminisk~at~'y \ 

TO: Regional Administrators, 

EPA Regions 1-10 

Please find attached the final Guidance for Setting Reasonable Progress Goals under the 

Regional Haze Program. The purpose of this document is to provide guidance to States and 

Tribes in developing their regional haze State or Tribal implementation plans due by December 

17, 2007. It provides information on setting Reasonable Progress Goals (RPGs), and 

determining those measures necessary to meet these RPGs. Setting the RPGs is a critical 

element of reaching the national goal of preventing future, and remedying existing, visibility 

impairment in our nation's Class I Federal areas . 

Please share the document with your States, Tribes, Regional Planning Organizations, 

and other interested parties . 

If you have further questions regarding this guidance document, please contact me or 

have your staff contact Rhea Jones of the Office of Air Quality Planning and Standards at (919) 

541-2940 or jones.rhea@epa.gov . 

Attachment 

cc: Stephen D. Page, OAQPS 

William Harnett, AQPD 

Air Division Directors, EPA Regions 1-10 

Internet Address (URL) * http //www epa.gov 

Recycled/Recyclable 0 Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper
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‘

- .
Amendment to the 1997 OMNIBUS Incentive Plan


    ..

    EXHIBIT
      10.7A

    


    AMENDMENT
      TO THE 1997 OMNIBUS INCENTIVE PLAN

    


    


    Section
      2.1(n) shall be amended to include the following at the end
      thereof:

    


        Notwithstanding
      anything herein to the contrary, effective January 1, 2005, the determination
      of
      Fair Market Value shall comply with Section 409A.

    


    New
      Section 2.1(z) shall be added to read as follows:

    


    
      	
               

            	
              (z)

            	
              Section
                409A
                means Code Section 409A and any regulations and guidance of general
                applicability issued thereunder.

            


    

    


    Following
      provisions are redesignated accordingly.

    


    Section
      4.3 shall be amended by modifying the third sentence to read as
      follows:

    


        The
      election
      for Options and/or Shares of Restricted Stock shall be made before the annual
      retainer or fees are earned in accordance with the procedures therefor
      established by the Committee from time to time.

    


    Section
      4.5 shall be amended to read as follows:

    


        “In
      the event
      of any merger, reorganization, consolidation, recapitalization, separation,
      liquidation, stock dividend, split-up, Share combination, or other change in
      the
      corporate structure of the Company affecting the Shares, such adjustment shall
      be made in the number and class of Shares which may be issued under the Plan,
      and in the number and class of and/or price of Shares subject to outstanding
      Awards granted under the Plan, as shall be determined to be appropriate and
      equitable by the Committee, to prevent dilution or enlargement of
      rights.”

    


    Section
      13.1 shall be amended to include the following at the end
      thereof.

    


        No
      Award may
      be amended, modified, extended or renewed after December 31, 2004 in a manner
      that would subject the Award to Section 409A, unless such Award is intended
      to
      be subject to Section 409A and such amendment, modification, extension or
      renewal is made in accordance with Section 409A.

    


    


    The
      foregoing amendments were adopted on February 22, 2007 but effective as of
      January 1, 2005 unless Section 409A (as defined above) requires an earlier
      or
      later effective date, in which case such earlier or later date shall be the
      effective date.
<PAGE>   1

                                                                      Exhibit 11


                     POTASH CORPORATION OF SASKATCHEWAN INC.
                        COMPUTATION OF PER SHARE EARNINGS
                       FOR THE QUARTER ENDED JUNE 30, 1998

(Figures and amounts expressed in thousands, except per share and per option 
amounts)


<TABLE>
<CAPTION>
                                                                          02-1998          02-1997
                                                                          -------          -------
<S>                                                                       <C>              <C>    
 A     Net Income as reported, Canadian GAAP . . . . . . . . .            $89,117          $96,980

 B     Items adjusting net income  . . . . . . . . . . . . . .                              (1,118)

 C     Net income, US GAAP (A+B) . . . . . . . . . . . . . . .            $89,117          $95,862

 D     Weighted average number of shares outstanding . . . . .             54,222           53,685

 E     Options outstanding to purchase equivalent shares . . .              2,134            1,627

 F     Average exercise price per option . . . . . . . . . . .             $71.22           $52.90

 G     Average market price per share  . . . . . . . . . . . .             $85.00           $78.67

 H     Period end market price per share . . . . . . . . . . .             $75.56           $75.06

 I     Rate of Return available on option proceeds . . . . . .               0.05             0.05

 CANADIAN GAAP
       Basic earnings per share (A/D)  . . . . . . . . . . . .              $1.64            $1.81

       Fully diluted earnings per share
 J     Imputed earnings on options proceeds ((E*F*I)/4)  . . .             $1,900           $1,076

       Fully diluted earnings per share ((A+J)/(D+E))  . . . .              $1.62            $1.77

 UNITED STATES GAAP

       Basic earnings per share (C/D)  . . . . . . . . . . . .              $1.64            $1.79

       Fully diluted earnings per share
 K     Net additional shares issuable (E-(E*F/G))  . . . . . .                346              533

       Fully diluted earnings per share (C/(D+K))  . . . . . .              $1.63            $1.77
</TABLE>

                                       32
Editorial Note on Part 2
Editorial Note: The regulations contained in this part have been recodified in 46 CFR part 287.

§ 2.1-9 Valuation of securities in fund. ( a ) *Equivalent values.* In cases where securities are deposited in the fund in lieu of cash, or are purchased with cash on deposit in the fund, or are substituted for securities in the fund, the value of such securities must not be less than the amount of cash in lieu of which they are so deposited or with which they are so purchased, or the value at the time of deposit of the securities for which they were so substituted. If the securities on deposit in the fund are replaced by cash from the general funds of the taxpayer, the amount of cash to be deposited in the fund in lieu thereof shall be not less than the amount at which such securities were valued at the time of their deposit in the fund.
( b ) *Determination of value.* ( 1 ) For the purpose of determining the amount in the fund, the value of securities shall be their “market value” (which shall be the basis for determining value, unless otherwise agreed to by the administration) and shall be determined in the following manner: ( i ) In instances where no actual purchase is involved, such as the initial deposit of securities in the fund in lieu of cash, the last sales price thereof on the principal exchange on the day the deposit was made shall be deemed to be the “market value” thereof, or, if no such sales were made, the “market value” thereof will be determined by the Administration on such basis as it may deem to be fair and reasonable in each case.
( ii ) In instances where the purchase of securities with cash on deposit in the fund is involved, “market value” shall be the gross price paid (adjusted for accrued interest): *Provided,* That if such securities are purchased otherwise than upon a registered exchange the price shall be within the range of transactions on the exchange on the date of such purchase, or, if there were no such transactions, then the “market value” thereof will be determined by the Administration on such basis as it may deem to be fair and reasonable in each case.
( 2 ) Purchase-money obligations secured by mortgages on vessels sold or irrevocable commitments to finance the construction or acquisition of new vessels which are deposited in the construction reserve fund as provided in § 2.1-13 ordinarily will be considered as equivalent to their face value.