alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10-8.htm



Exhibit 10.8




Demand Promissory Note


FOR VALUE RECEIVED, Median Enterprises Ltd. (the 'Borrower') hereby promises to pay the principal sum of C$200.000.00 in lawful money of Canada (the 'Principal'), and interest calculated thereon in the same currency on the unpaid portion from time to time of the Principal at the rate of 12% per annum, calculated yearly, not in advance, as well after as before maturity and both before and after default and judgment to James Payton (the 'Lender') on demand.


The Principal shall become due and be paid in full on demand. Interest, calculated at the aforesaid rate and in the aforesaid manner shall become due and payable annually on the first day of January each year and must be paid no later than September 30,2015.


Interest payable hereunder will be payable without allowance or deduction for deemed reinvestment or otherwise, and such interest will accrue from time to time at the rate and in the manner specified herein both before and after maturity, default and/or judgment, if any, until payment thereof, and interest will accrue and be payable on overdue interest at the same rate, compounded monthly.


The Borrower hereby waives the benefits of division and discussion, demand and presentment for payment, notice of non-payment, protest and notice of protest of this Demand Promissory Note.


This Demand Promissory Note will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.


DATED as of this 1st day of October, 2014.



	
 

	
 

	
 


	


	
 

	



	
Witness

	
 

	
Signature of Borrower


	
 

	
 

	
 


	
Wendy Williams

	
 

	
Ken Williams


	
Name (Please Print)

	
 

	
Name (Please print)
<PAGE>
<TABLE>
                                                                                                 EXHIBIT 12

                                      KENTUCKY POWER COMPANY
                         Computation of Ratio of Earnings to Fixed Charges
                                 (in thousands except ratio data)
<CAPTION>
                                                                     Year Ended December 31,             
                                                          1991       1992       1993      1994      1995 
<S>                                                     <C>        <C>        <C>       <C>       <C>    
Fixed Charges:                                                                                   
  Interest on First Mortgage Bonds . . . . . . . . .    $11,064    $13,275    $17,472   $19,090   $19,090
  Interest on Junior Subordinated
    Deferrable Interest Debentures . . . . . . . . .       -          -          -         -        2,422
  Interest on Other Long-term Debt . . . . . . . . .      9,345      7,668      2,033      -         -
  Interest on Short-term Debt. . . . . . . . . . . .        856        413      1,001     1,621     2,242
  Miscellaneous Interest Charges . . . . . . . . . .      1,027        861        523       485       510
  Estimated Interest Element in Lease Rentals. . . .        800        800        800       700       700
       Total Fixed Charges . . . . . . . . . . . . .    $23,092    $23,017    $21,829   $21,896   $24,964
                                                                                                 
Earnings:                                                                                        
  Net Income . . . . . . . . . . . . . . . . . . . .    $28,465    $26,537    $18,031   $25,273   $25,128
  Plus Federal Income Taxes. . . . . . . . . . . . .      5,662      1,465      1,620     2,178     3,914
  Plus State Income Taxes. . . . . . . . . . . . . .      2,389      1,891      1,116     1,154     1,420
  Plus Fixed Charges (as above). . . . . . . . . . .     23,092     23,017     21,829    21,896    24,964
       Total Earnings. . . . . . . . . . . . . . . .    $59,608    $52,910    $42,596   $50,501   $55,426
                                                                                                 
Ratio of Earnings to Fixed Charges . . . . . . . . .       2.58       2.29       1.95      2.30      2.22
</TABLE>
#### § 4221.12 Calculation of periods of time.

The PBGC applies the rules in subpart D of part 4000 of this chapter to compute any time period under this part.

[68 FR 61356, Oct. 28, 2003]
§ 4003.57 Appeals affecting third parties. ( a ) Before the Appeals Board issues a decision granting, in whole or in part, the relief requested in an appeal, it will make a reasonable effort to notify third persons who will be aggrieved by the decision of the following: ( 1 ) The pendency of the appeal;
( 2 ) The grounds upon which the appeal is based;
( 3 ) The grounds upon which the Appeals Board is considering reversing the initial determination;
( 4 ) The right to submit written comments on the appeal;
( 5 ) The right to request an opportunity to appear in person or through a representative before the Appeals Board and to present witnesses; and
( 6 ) That no further opportunity to present information to PBGC with respect to the initial determination under appeal will be provided.
( b ) Written comments and a request to appear before the Appeals Board must be filed within 45 days after the date of the notice from the Appeals Board.
( c ) If more than one third party is involved, their participation in the appeal may be consolidated pursuant to the provisions of § 4003.56.
[61 FR 34012, July 1, 1996, as amended at 85 FR 10284, Feb. 24, 2020]
**EXHIBIT 32.1**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 
| Each of the undersigned  hereby certifies, in accordance with 18 U.S.C. 1350, as adopted pursuant to  Section 906 of the Sarbanes-Oxley Act of 2002, in his capacity as an officer  of 4Kids Entertainment, Inc. (the “Company”), that the Annual Report of the  Company on Form 10-K/A for the year ended December 31, 2004, fully complies  with the requirements of Section 13(a) or 15(d) of the Securities Exchange  Act of 1934 and that the information contained in such report fairly  presents, in all material respects, the financial condition and results of  operations of the Company |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

Date: March 18, 2005

 
|   | By:                  | */s/  Alfred R. Kahn* |
|--------|---------------------------|-----------------------|
|   | Alfred R. Kahn            |
|   | Chairman of the Board and |
|   | Chief Executive Officer   |

 

Date: March 18, 2005

 
|   | By:                      | */s/**Joseph  P. Garrity* |
|--------|-------------------------------|---------------------------|
|   | Joseph P. Garrity             |
|   | Executive Vice President  and |
|   | Chief Financial Officer       |

 

A signed original of this written statementrequired by Section 906 has been provided to 4Kids Entertainment, Inc. and willbe retained by 4Kids Entertainment, Inc. and furnished to the Securities andExchange Commission or its staff upon request.
§ 500.215 Change of address. ( a ) Pursuant to section 105(1) of the Act, every holder of a Certificate of Registration shall notify the Secretary within thirty (30) days of each change of permanent place of residence. Said persons may also furnish additional mailing addresses.
( b ) The notification required in paragraph (a) of this section shall be in writing, by certified mail and addressed to the Administrator, Wage and Hour Division, 200 Constitution Avenue NW, Washington, DC 20210.
( c ) Such change of address shall be deemed effective upon receipt by the Administrator, unless a later date is specified in the notice.
[48 FR 36741, Aug. 12, 1983, as amended at 82 FR 2227, Jan. 9, 2017]
<PAGE> 1
                                           EXHIBIT 11

                        COMPUTATION OF NET EARNINGS PER COMMON SHARE
<TABLE>
<CAPTION>

                                                       Year Ended December 31,
                                                --------------------------------------------
                                                    1998            1997            1996
                                                ------------    ------------    ------------
<S>                                             <C>             <C>             <C>
EARNINGS
--------
Earnings from Continuing Operations              $ 9,537,904     $ 6,961,090     $ 4,838,274
Earnings (Loss) from Discontinued Operations              --      (6,698,240)        178,118
                                                 -----------     -----------     -----------
        Net Earnings                             $ 9,537,904     $   262,850     $ 5,016,392
                                                 ===========     ===========     ===========

SHARES
------
Weighted Average Number of 
     Common Shares Outstanding (See Note)          5,274,881       4,806,834       4,756,789
Additional Shares Assuming
     Conversion of Stock Options                     205,250         125,994         103,766
                                                   ---------       ---------       ---------
Weighted Average Common Shares 
     Outstanding and Equivalents                   5,480,131       4,932,828       4,860,555
                                                   =========       =========       =========


Basic Earnings Per Share:
     Earnings From Continuing Operations            $   1.81       $    1.45       $    1.01
     Earnings (Loss) From Discontinued Operations         --           (1.40)            .04
                                                    --------       ---------       ---------
        Net Earnings                                $   1.81       $     .05       $    1.05
                                                    ========       =========       =========

Diluted Earnings Per Share:
     Earnings From Continuing Operations            $   1.74       $    1.41       $     .99
     Earnings (Loss) From Discontinued Operations         --           (1.36)            .04
                                                    --------       ---------       ---------
        Net Earnings                                $   1.74       $     .05       $    1.03
                                                    ========       =========       =========


Note:   All activity during the year has been adjusted for the number of days
in the year that the shares were outstanding.

</TABLE>
Exhibit 10(i)

 

SUMMARY DESCRIPTION OF TRUSTEES’ COMPENSATION

 

The compensation paid to each Individual Trustee and the Corporate Trustee is set forth in the Amendment to the Agreement of Trust dated as of October 25, 1982 (the “Amendment”).  The Amendment is filed as Exhibit 3(a) to the Form 10-K.

 

Pursuant to the Amendment, each Individual Trustee receives at least $20,000 in annual compensation for services as Trustee.  Each year, annual Trustee compensation is adjusted up or down (but not below $20,000) in accordance with changes from the November 1981 level of 295.5 (the “1981 Escalation Level”) in the All Commodities Producer Price Index (with 1967 = 100 as a base).  The All Commodities Producer Price Index is published by the U.S. Department of Labor.  The adjustment is made at the end of each fiscal year and is calculated on the basis of the proportion between (a) the level of such index for the November preceding the end of such fiscal year, and (b) the 1981 Escalation Level.  Each of the Individual Trustees received $41,756 in cash compensation for services to the Trust during the fiscal year ended January 31, 2015, expect for Mr. Mlinar who was elected in June 2014 and received in total $40,067 as compensation during the fiscal year ended January 31, 2015.

 

Also pursuant to the Amendment, Deutsche Bank Trust Company Americas, as the Corporate Trustee, receives annual compensation in an amount equal to the greater of (i) $20,000, or such other amount determined in accordance with the adjustments described in the preceding paragraph, or (ii) one quarter of one percent (1/4 of 1%) of the Trust Moneys, exclusive of proceeds of sale of any part of the Trust Estate (as such terms are defined in the Agreement of Trust), received by the Trustees and distributed to Trust Unitholders.  The Corporate Trustee earned $58,056 pursuant to this provision for the fiscal year ended January 31, 2015.

 

Additionally, each year the Corporate Trustee receives $62,500 (or more, if unanimously approved by the Individual Trustees) to cover clerical and administrative services to Mesabi Trust other than services customarily performed by a registrar or transfer agent.  In fiscal 2015, the Trust paid the Corporate Trustee $120,556 to cover clerical and administrative services to Mesabi Trust and $9,603 for services as registrar and transfer agent.  The Corporate Trustee earned $130,159 in total compensation for the fiscal year ended January 31, 2015.
Exhibit  99.2
                            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 Visualant, Incorporated on Form
10-QSB  for  the  period ending March 31, 2005, as filed with the Securities and
Exchange  Commission  on  the  date hereof (the "Report"), I, Ralph Brier, Chief
Executive  Officer,  President and Director of the Company, certify, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act  of  2002,  that,  to  the  best  of  my  knowledge  and  belief:

         (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.



                               "Ralph Brier"
                         -----------------------------------------------
                                 Ralph Brier
                    Chief  Executive  Officer,  President  and  Director

Date:  May  13,  2005
(74 South. 1007)

#### FRANKLIN v. STATE.

(6 Div. 232.)

(Court of Appeals of Alabama.

March 23, 1917.)

Appeal from Criminal Court, Jefferson County; Wm. E. Fort, Judge.

Frank Andress and E. G. Hewitt, both of Birmingham, for appellant. W. L. Martin, Atty. Gen., for the State.

BROWN, P. J.

We have examined the record in this case, and find nothing in the proceedings of the trial court of which the appellant can complain, or that warrants discussion. Affirmed.
§ 4281.13 Benefit valuation methods—in general. Except as otherwise provided in § 4281.16 (regarding plans that are closing out), the plan sponsor must value benefits as of the valuation date by— ( a ) Using the interest assumptions under § 4044.54 of this chapter;
( b ) Using the mortality assumptions under § 4044.53 of this chapter;
( c ) Using interpolation methods, where necessary, at least as accurate as linear interpolation;
( d ) Applying valuation formulas that accord with generally accepted actuarial principles and practices; and
( e ) Adjusting the values to reflect the loading for expenses in accordance with § 4044.52(d) of this chapter (substituting the term “benefits” for the term “benefit liabilities (as defined in 29 U.S.C. 1301(a)(16))”).
[61 FR 34118, July 1, 1996, as amended at 63 FR 38307, July 16, 1998; 84 FR 18726, May 2, 2019; 89 FR 48309, June 6, 2024]
#### § 452.42 Membership in particular branch or segment of the union.

A labor organization may not limit eligibility for office to particular branches or segments of the union where such restriction has the effect of depriving those members who are not in such branch or segment of the right to become officers of the union.[27]

###### Footnotes -
  452.42

[27] *Hodgson* v. *Local Unions No. 18, etc., IUOE,* 440 F. 2d 485 (C.A. 6), cert. den. 404 U.S. 852 (1971); *Hodgson* v. *Local 610, Unit. Elec. Radio & Mach. Work. of Am.,* 342 F. Supp. 1344 (W.D. Pa. 1972).
1

CAUSE NO. 01-15-00152-CV

IN THE COURT OF APPEALS 

FOR THE FIRST JUDICIAL DISTRICT OF TEXAS 

HOUSTON, TEXAS 

DONALD B. MULLINS and BLUE SKY RIGHT OF WAY, LLC 

Appellant 

v.

MARTINEZ R.O.W., L.L.C. f/k/a MARTINEZ INVESTMENTS, LLC 

Appellee 

On Appeal from the 149th Judicial District 

of Brazoria County, Texas; Trial Court Cause No. 79750-CV

 

UNOPPOSED MOTION TO EXTEND TIME

 FOR FILING REPLY BRIEF 

COME NOW, DONALD B. MULLINS (“Mullins”) and BLUE SKY 

RIGHT OF WAY, LLC (“Blue Sky”), filing their Unopposed Motion to Extend 

Time for Filing Reply Brief, and state as follows: 

I.

 The deadline for filing Appellants’ Reply Brief is September 15, 2015. 

Appellants seek a ten day extension of that date. No prior extensions have been 

requested for this deadline. 

ACCEPTED

01-15-00152-cv

FIRST COURT OF APPEALS

HOUSTON, TEXAS

9/3/2015 2:37:29 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/3/2015 2:37:29 PM CHRISTOPHER A. PRINE Clerk
2

II.

The additional time is requested required to permit the undersigned counsel 

to properly respond to this and other deadlines following recent travel. 

III.

Counsel have conferred and the motion is unopposed.

Wherefore, premises considered, Appellants pray that the date for filing their 

Reply Brief be extended to September 25, 2015, and for such other and further 

relief as the court deems just.

Respectfully submitted,

Patrick F. Timmons, Jr.

State Bar No. 20049500

8556 Katy Freeway, Suite 120

Houston, Texas 77024-1806

(713) 465-7638 Office

(713) 465-9527 Facsimile

pft@timmonslawfirm.com
3

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing Unopposed Motion to Extend

time for Filing Reply Brief of Donald B. Mullins and Blue Sky Right of Way, 

LLC, was forwarded to Mr. David P. Boyce, Wright & Greenhill, P.C., 221 West 

6th Street, Suite 1800, Austin, Texas 78701, 512-476-5382, on September 3, 2015, 

by telecopy and electronic filing.

Patrick F. Timmons, Jr.
P u rsuan t t o 5 T H C IR . R. 47. 5, t h e courtha s det erm i n ed that t h i s opi n i on * shou l d n otbe pu bl i shed an d i s not preceden texcept u n der t h e l i m i t ed c i r c um s t anc e s s e tf

o r t h i n 5 T H C IR . R. 47. 5. 4. 

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2 fu r th e rre s p o n s ib ilitie s h e r e in , a n dt h e A P P E A L I S D IS M IS S E D . S ee5 T H C IR . R. 42. 2.
Consent of Independent Certified Public Accountants


KV Pharmaceutical Company
St. Louis, Missouri

We  hereby  consent  to the  incorporation  by  reference  in  the  Registration
Statements on Form S-8 (File Numbers 2-56793,  2-76173,  33-46400,  33-44927 and
333-199) of our report dated May 14, 1999 relating to the consolidated financial
statements of KV  Pharmaceutical  Company  appearing  in  the  Company's  Annual
Report on Form 10-K for the year ended March 31, 1999.


                                        /s/ BDO SEIDMAN, LLP

St. Louis, Missouri
June 2, 1999
§ 500.222 Designation of record. Except as provided in paragraph (c) of this section: ( a ) Each administrative proceeding instituted under the Act and these regulations shall be identified of record by a number preceded by the year and the letters “MSPA” and followed by one or more of the following designations: ( 1 ) Proceedings involving the “refusal to issue or to renew, or to suspend or to revoke Certificate of Registration” shall be designated as “R”.
( 2 ) Proceedings involving the “assessment of civil money penalties” shall be designated as “P”.
( 3 ) Proceedings involving both Certificate of Registration and assessment of civil money penalties shall be designated as “R and P”.
( b ) The number, letter(s), and designation assigned to each such proceeding shall be clearly displayed on each pleading, motion, brief, or other formal document filed and docketed of record.
( c ) Each administrative proceeding involving violations of FLCRA prior to April 14, 1983 and filed with the Office of the Chief Administrative Law Judge on or after April 14, 1983, shall be identified of record by a number preceded by the year and the letters “FLCRA-MSPA” and followed by one or more of the letter designations provided in paragraphs (a)(1) through (a)(3) of this section, i.e., (*year*) -FLCRA-MSPA-(#)-(R and/or P).