alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Retention Bonus Agreement date as of June 27, 2003



 EXHIBIT 10.24 
  
 New York Community Bancorp, Inc. 
 615
Merrick Avenue 
 Westbury, New York 11590 
  

June 27, 2003 
  
 Mary Ellen McKinley 
 The Roslyn Savings Bank 
 One Jericho Plaza 
 Jericho, New York 11753-8905 
  
 Dear Mary Ellen: 
  
 I am pleased to have this opportunity to set forth in writing certain additional information relating to your employment at New York Community Bank (the
“Bank”) following the consummation of the transactions contemplated by the Agreement and Plan of Merger (the “Merger Agreement”) entered between New York Community Bancorp, Inc. (the “Holding Company”) and Roslyn
Bancorp, Inc. on this date. This letter is intended to supplement your new employment agreement with the Holding Company. 
  
 At such time as you become an employee of the Bank under your new employment agreement as a result of the merger contemplated by the Merger Agreement, you
will receive a retention bonus of $500,000. However, if you voluntarily terminate employment prior to the completion of 365 days of employment after the Effective Time other than by reason of an “Event of Termination” (as defined in your
new employment agreement), or if you are terminated for “Just Cause” (as defined in your new employment agreement) within such 365-day period, you will immediately return to the Holding Company a portion of the retention bonus equal to the
product of (x) the retention bonus and (y) a fraction the numerator of which is the total number of days remaining in such 365-day period and the denominator of which is 365. 







 Notwithstanding the foregoing, if the Merger Agreement is terminated pursuant to Article VI of the Merger
Agreement, this letter agreement will be null and void. 
  
 Please
acknowledge the foregoing in the space indicated below. 
  

	 	 	 	 	 Sincerely,

				
	 	 	 	 	 	 	 /s/ Joseph R. Ficalora


	 	 	 	 	 	 	 Joseph R. Ficalora

	 	 	 	 	 	 	 President and Chief Executive Officer

			
	 Acknowledged and Agreed:
	 	 	 	 
			
	 /s/ Mary Ellen McKinley

	 	 	 	 
	 Mary Ellen McKinley
	 	 	 	 

  

 2
###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.

#### § 42.72 Termination of trial.

The Board may terminate a trial without rendering a final written decision, where appropriate, including where the trial is consolidated with another proceeding or pursuant to a joint request under 35 U.S.C. 317(a) or 327(a).
<PAGE>
                                                                   EXHIBIT 10.61


                               SECOND AMENDMENT TO
              FIRST AMENDED EXECUTIVE OFFICER EMPLOYMENT AGREEMENT

      This Second Amendment to First Amended Executive Officer Employment
Agreement ("Second Amendment") is made effective as of September 15, 2003 by and
between CALLAWAY GOLF COMPANY, a Delaware corporation (the "Company") and STEVEN
C. MCCRACKEN ("Employee").

      A. The Company and Employee are parties to that certain First Amended
Executive Officer Employment Agreement entered into as of June 1, 2002, as
amended by a First Amendment entered into as of March 1, 2003 (as amended, the
"First Amended Agreement").

      B. The Company and Employee desire to amend the First Amended Agreement
pursuant to Section 15 of the First Amended Agreement, in the manner set forth
herein.

      NOW, THEREFORE, in consideration of the foregoing and other consideration,
the value and sufficiency of which are hereby acknowledged, the Company and
Employee hereby agree as follows:

      1. Section 4(a) of the First Amended Agreement is amended to read as
follows:

            "(a) Effective September 15, 2003, the Company agrees to pay
            Employee a base salary at the rate of $550,000.00 per year, payable
            in equal increments in accordance with the Company's current pay
            schedule."

      2. But for the amendments contained herein, and any other written
amendments properly executed by the parties, the First Amended Agreement shall
otherwise remain unchanged.

      3. This Second Amendment is subject to the approval of the Board of
Directors of the Company or appropriate committee thereof.

      IN WITNESS WHEREOF, the parties have executed this Second Amendment on the
dates set forth below, to be effective as of the date first written above.

EMPLOYEE                                        COMPANY

                                                Callaway Golf Company,
                                                a Delaware corporation



/s/ STEVEN C. McCRACKEN                      By: /s/ RONALD A. DRAPEAU
------------------------                        --------------------------------
Steven C. McCracken                             Ronald A. Drapeau
                                                Chairman of the Board and Chief
                                                Executive Officer

Dated:      09-23-03                            Dated:      9/23/03
        ----------------------------                  --------------------------
41844.

#### BAILEY v. SMITH, by Next Friend.

Pannell, Judge.

1. A petition on general demurrer must be construed most strongly against the pleader *(Georgia Cas. &c. Co. v. Hardwick,*211 Ga. 709 (88 SE2d 394), *Davis v. Johnson,*92 Ga. App. 858 (90 SE2d 426)), and ambiguous pleading is construed unfavorably to the pleader *(Baggett v. Edwards,*126 Ga. 463 (1) (55 SE 250); *Holbrook v. Town of Norcross,*121 Ga. 319 (1) (48 SE 922)), and pleadings which are equivocal, doubtful and subject to different interpretations are construed most strongly against the pleader on demurrer *(Richmond Concrete Products Co. v. Ward,*212 Ga. 773 (95 SE2d 677)); however, all pleadings must receive a construction in accordance with the natural intendment of the words and language used. *Athens Mfg. Co. v. Rucker,*80 Ga. 291 (4 SE 885); *Bell v. State Life Ins. Co.,*24 Ga. App. 497 (5) (101 SE 541); *Georgia Power Co. v. Leonard,*187 Ga. 608, 614 (4) (1 SE2d 579).

2. Accordingly, where in a petition by a guest passenger in a following automobile against the driver of that automobile *705and the driver of the lead automobile (seeking recovery for injuries received as the result of a collision between the following automobile, allegedly driven too fast and too close and the other automobile which it is alleged suddenly slowed and made a left turn without a signal or warning), there are otherwise sufficient allegations of negligence and proximate cause to set forth a cause of action against both drivers, an allegation that the plaintiff warned the driver of the following car of the impending left turn of the lead car, which warning he did not heed, and that if he had he could have slowed his speed *“and thus reduced the force of the collision”*(emphasis supplied) is not subject to the construction that it is an allegation that the driver of the following car, had he heeded the warning, could have avoided the collision so as to make his negligence the sole proximate cause of the injuries to the plaintiff. The trial court did not err in overruling the general demurrer of the defendant driver of the lead car to the petition as amended.

Argued March 7, 1966

Decided May 11, 1966

Rehearing denied May 20, 1966.

*Richter & Birdsong, A. W. Birdsong, Jr.,*for appellant.

*Trotter & Duncan, Thurman E. Duncan,*for appellee.

*Judgment affirmed.*

*Felton, C. J., and Franhum, J., concur.*
Disturbed Ground/Exposed Areas 

$/acre- ear 

Control 

Efficiency 

EF (tons/yr-acre) 

PM10 PM2.5 

Cost 

($/Ton) 

PM2.5 

$0 Uncontrolled 0% 0.19 0.057 $0 

$159,000 Water 40% 0.114 0.0342 $6,973,684 

$4,356 MgCI 50% 0.095 0.0285 $152,842 

$43,560 Chemicals 50% 0.095 0.0285 $1,528,421 

$5,500 Veggetation 95% 0.0095 0.00285 $101,570 

$65,340 Paving 100% 0 0 $1,146,316 

Apply water and other controls as needed to ensure opacity does not exceed 20% 

gased on current R307-309 rules. onsite and 10% at the property boundary. 
Storage Piles 

Cost 

Control EF (Ib/acre-day) Emissions (tpy/acre) ($/Ton) 

Efficiency IPM10 PM2.5 PM10 PM2.5 PM2.5 

$0 Uncontrolled 

$159,000 Water 

$4,356 MgCI 

$43,560 Chemicals 

0% 6.3 

40% 3.78 

50% 3.15 

50% 3.15 

1.98 1.14975 0.36135 $0 

1.188 0.68985 0.21681 $1,100,042 

0.99 0.574875 0.180675 $24,110 

0.99 0.574875 0.180675 $241,096 

Apply water and other controls as needed to ensure opacity does not exceed 20% gased on current R307-309 rules. 

c)nsite and 10% at the property boundary.
# L_2006043EN.01S00201.xml

| 14.2.2006 | EN | Official Journal of the European Union | L 43/s2 |
| --- | --- | --- | --- |

14.2.2006

EN

Official Journal of the European Union

L 43/s2

---

All amounts in this budget document are expressed in euro unless otherwise indicated.

---
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#### § 17.131 Payment of abandoned claims prohibited.

Any informal claim for the payment or reimbursement of medical expenses which is not followed by a formal claim, or any formal claim which is not followed by necessary supporting evidence, within 1 year from the date of the request for a formal claim or supporting evidence shall be deemed abandoned, and payment or reimbursement shall not be authorized on the basis of such abandoned claim or any future claim for the same expenses. For the purpose of this section, time limitations shall be computed from the date following the date of request for a formal claim or supporting evidence.

[33 FR 19012, Dec. 20, 1968. Redesignated at 61 FR 21966, May 13, 1996]
#### § 488.13 Loss of accreditation.

If an accrediting organization notifies CMS that it is terminating a provider or supplier due to non-compliance with its CMS-approved accreditation requirements, the SA will conduct a full review in a timely manner.

[80 FR 29839, May 22, 2015]
**Exhibit 32.2**

 

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of Illini Corporation (the“Company”) on Form 10-QSB for the period ended June 30, 2004 as filed with theSecurities and Exchange Commission on the hereof (the “Report”), I Dennis B.Guthrie, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of2002, that to the best of my knowledge:

 

(1)           TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

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

 

 
| /s/ Dennis  B. Guthrie   |   |
|--------------------------|--------|
| Dennis B.  Guthrie.      |
| Chief  Financial Officer |
| August 11,  2004         |

 

----
UNITED STATES DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

In the Matter of REGENT AEROSPACE CORPORATION

FAA Order No. 2015-8

FDMS No. FAA-2013-08511

Served: October 27, 2015

ORDER DISMISSING APPEAL2

By notice served on October 23, 2015, Complainant withdrew its cross-appeal of the 

initial decision issued by Administrative Law Judge Richard C. Goodwin on July 27, 2015. 

Complainant represented that it was withdrawing its appeal pursuant to a settlement agreement.

THEREFORE, IT IS ORDERED THAT:

Complainant’s appeal is dismissed. 

MICHAEL P. HUERTA, ADMINISTRATOR

Federal Aviation Administration

[Original signed by Vicki S. Leemon]

VICKI S. LEEMON3

Manager, Adjudication Branch

 

1 Generally, materials filed in the FAA Hearing Docket are also available for viewing at 

http://www.regulations.gov. 14 C.F.R. § 13.210(e)(1). 

2 The Administrator’s civil penalty decisions, along with indexes of the decisions, the rules of 

practice, and other information, are available on the Internet at the following address: 

www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/AGC400/Civil_Penalty/. See 

14 C.F.R. § 13.210(e)(2). In addition, Thomson Reuters/West Publishing publishes Federal Aviation 

Decisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLaw (FTRANFAA database). For additional information, see the Web site.

3

Issued under authority delegated to the Chief Counsel and the Assistant Chief Counsel for 

Litigation by memorandum dated October 27, 1992, under 49 U.S.C. § 322(b) and 14 C.F.R. § 13.202 

(see 57 Fed. Reg. 58,280 (1992)) and redelegated by the Assistant Chief Counsel for Litigation to the 

Manager, Adjudication Branch, by Memorandum dated August 6, 1993.
<PAGE>

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

Pursuant to 18 U.S.C. Section 1350 (as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002), I, the undersigned Chief Financial Officer of
Peoples Educational Holdings, Inc. (the "Company"), hereby certify that the
Quarterly Report on Form 10-Q of the Company for the quarterly period ended
February 28, 2007 (the "Report") fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934 and that information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.

Date: April 13, 2007


/s/ Michael L. DeMarco
-------------------------------------
Michael L. DeMarco,
Chief Financial Officer


                                       27
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

In connection with the Quarterly Report of Repligen Corporation (the Company) on Form 10-Q for the
period ending June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned officers of the Company hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, to the undersigneds knowledge, 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 result of operations of the Company.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |     |  |                                             
|-------------------- |  | --- |  | --------------------------------------------
|Date: August 8, 2008 |  | By: |  | /s/ Walter C. Herlihy                       
|                     |  |     |  | Walter C. Herlihy                           
|                     |  |     |  | Chief Executive Officer and President       
|                     |  |     |  | (Principal Executive Officer)               
|                     |  |    
|Date: August 8, 2008 |  | By: |  | /s/ William J. Kelly                        
|                     |  |     |  | William J. Kelly                            
|                     |  |     |  | Vice President, Finance and Administration  
|                     |  |     |  | (Principal Financial and Accounting Officer)
# Official Journal L 122/2020

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 122 |
| | |
| English edition | Legislation | Volume 6320 April 2020 |

ISSN 1977-0677

Official Journal

of the European Union

L 122

English edition

Legislation

Volume 6320 April 2020

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Council Decision (EU) 2020/539 of 15 April 2020 replacing the President of the panel provided for in Article 255 of the Treaty on the Functioning of the European Union | 1 |

Contents

II   Non-legislative acts

page

DECISIONS

*

Council Decision (EU) 2020/539 of 15 April 2020 replacing the President of the panel provided for in Article 255 of the Treaty on the Functioning of the European Union

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
##### 



EXHIBIT 32
 COMM BANCORP, INC.
 CERTIFICATE PURSUANT TO  SECTION 1350
  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 at the dates and for the periods
covered by the Report.
 Date:  May 10, 2007
    /s/ William F. Farber, Sr.William F. Farber, Sr.President and Chief Executive Officer  
 52




---



##### 



COMM BANCORP, INC.
 CERTIFICATE PURSUANT TO  SECTION 1350
  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 at the dates and for the periods
covered by the Report.
 Date:  May 10, 2007
    /s/ Scott A. SeasockScott A. SeasockExecutive Vice President and
Chief Financial Officer  
 53
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED June 28, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-50710 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus GREGORY KENT TUCKER, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. SA-02-CR-396-ALL

-------------------- Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM: * Gregory Kent Tucker appeals his sentence for travel with intent to engage in a sexual act with a juvenile, contending pursuant to United States v. Booker , 125 S. Ct. 738 (2005), that he was sentenced in violation of the Sixth Amendment. In his plea agreement, however, Tucker waived his right to appeal his sentence on any ground, save ineffective assistance of counsel and prosecutorial misconduct.No. 03-50710 -2- The district court contravened F ED . R. C RIM . P. 11(b)(1)(N) when it failed to advise Tucker that by pleading guilty he was waiving his right to appeal his sentence. Nevertheless, standing alone, such an error does not preclude a finding that the waiver was knowing and voluntary. See United States v. McKinney , 406 F.3d 744, 746 (5th Cir. 2005). The record of Tucker’s rearraignment indicates that Tucker read and understood his pleaagreement and that he raised no question regarding the waiver-ofappeal provision. He is therefore “held to the bargain to which he agreed, regardless of whether the court specifically admonished him concerning the waiver of appeal,” and we are without jurisdiction to entertain his Sixth Amendment challenge.
See id. (internal quotation marks and citation omitted); United States v. Henderson , 72 F.3d 463, 465 (5th Cir. 1995).
APPEAL DISMISSED.
**Exhibit 32.1**

 

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of Illini Corporation (the“Company”) on Form 10-QSB for the period ended June 30, 2004 as filed with theSecurities and Exchange Commission on the hereof (the “Report”), I Burnard K.McHone, President and Chief Executive Officer of the Company, certify, pursuantto 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-OxleyAct of 2002, that to the best of my knowledge:

 

(1)           TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

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

 

 
| /s/ Burnard  K. McHone                 |   |
|----------------------------------------|--------|
|                                   |
| Burnard K.  McHone                     |
| President  and Chief Executive Officer |
| August 11,  2004                       |

 

----