alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1


 


S&C Draft of February
3, 2005


 


 


ARCHIPELAGO HOLDINGS, INC.


 


JANUARY 28, 2005 BOARD OF DIRECTORS RESOLUTION


 


Upon
the recommendation of the Corporate Governance and Nominating Committee, the
Board of Directors (the “Board”) of  Archipelago Holdings, Inc. (“Archipelago”)
hereby revises its annual compensation program (effective for 2005 and
thereafter) for directors who are not employees of Archipelago or any of its
affiliates and who are not otherwise excluded in writing by the Board from
receiving such compensation to provide for the following:


 


(i) an annual retainer of $75,000 payable in cash in quarterly
installments at the end of each quarter,


 


(ii) an additional annual retainer of $25,000 payable in cash in
quarterly installments at the end of each quarter to each of the chairman of
the committees of the Board,


 


(iii) an annual
grant of $75,000 of restricted stock units (“RSUs”) under the Archipelago
Holdings 2004 Stock Incentive Plan to be granted in quarterly installments at
the end of each quarter (such RSUs will (A) be valued based upon the fair
market value of shares of common stock of Archipelago (the “Shares”) on the
date of grant, (B) be fully vested on the date of grant with the underlying Shares
delivered upon the resignation of the director from the Board and (C) be
subject to such other terms and conditions which will be set by the Board in
the applicable award agreement), and


 


(iv) directors, can
elect in December of each year (or by February 18, 2005 with respect to 2005)
to take all of their cash retainer for the following year in RSUs (such RSUs
will (A) be granted at the time the cash retainer would have otherwise been
paid, (B) have a value, based upon the fair market value of Shares on the date
of grant, equal to 110% of the amount elected to be deferred, (C) be fully
vested vested on the date of grant with the underlying Shares delivered upon
resignation of the director and (D) be subject to such other terms as the Board
may determine).


 


The
Board reserves the right, in its sole discretion, to change the compensation
program for the directors at any time. 
The Board directs the officers of Archipelago to take any actions that
are necessary or appropriate to implement this compensation program.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
COMPANY'S  FINANCIAL  STATEMENTS  CONTAINED IN THE  COMPANY'S  FORM 10-Q FOR THE
PERIOD ENDED SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                              JAN-1-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         964,761
<SECURITIES>                                         0
<RECEIVABLES>                                1,913,229
<ALLOWANCES>                                 (252,305)
<INVENTORY>                                    293,920
<CURRENT-ASSETS>                             3,057,792
<PP&E>                                         757,713
<DEPRECIATION>                                (91,653)
<TOTAL-ASSETS>                               4,991,584
<CURRENT-LIABILITIES>                        3,755,011
<BONDS>                                              0
<PREFERRED-MANDATORY>                        3,559,554
<PREFERRED>                                          0
<COMMON>                                         8,456
<OTHER-SE>                                 (2,579,328)
<TOTAL-LIABILITY-AND-EQUITY>                 4,991,584
<SALES>                                      4,070,348
<TOTAL-REVENUES>                             4,070,348
<CGS>                                        1,315,989
<TOTAL-COSTS>                                7,739,188
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (472,749)
<INCOME-PRETAX>                            (5,392,160)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (5,392,160)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,392,160)
<EPS-PRIMARY>                                    (.64)
<EPS-DILUTED>                                    (.64)
        

</TABLE>
#### § 75.417 Interagency service.

The cost of services provided by one agency to another within the governmental unit may include allowable direct costs of the service plus a pro-rated share of indirect costs. A standard indirect cost allowance equal to ten percent of the direct salary and wage cost of providing the service (excluding overtime, shift premiums, and fringe benefits) may be used in lieu of determining the actual indirect costs of the service. These services do not include centralized services included in central service cost allocation plans as described in appendix V to this part.
Exhibit 15.2
  
 
 
 June 27, 2011


Brightman Almagor Zohar & Co.


Certified Public Accountants
 A member of Deloitte Touche Tohmatsu
 Tel Aviv, Israel


We consent to the incorporation by reference in Registration Statements Nos. 333-12458, and 333-140809 on Form S-8, and No. 333-161781, on Form F-3, of our report, dated March 9, 2011, relating to the consolidated financial statements of Cimatron Gibbs, LLC (not presented separately herein) for the year ended December 31, 2010 appearing in this annual report on Form 20-F of Cimatron Ltd.


-s- lucas, horsfall, murphy & pindroh, llpLucas, Horsfall, Murphy & Pindroh, LLP

Pasadena, California
Exhibit 99.1

Certification Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002



Pursuant to the requirement set forth in Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350, as adopted), Wallace W. Griffin, Chief Executive Officer of Pac-West Telecomm, Inc. (the "Company"), certifies that, to the best of his knowledge:



1. The Company's Annual Report on Form 10-Q for the quarterly period ended March 31, 2003, to which this Certification is attached as Exhibit 99.1 (the "Periodic Report"), fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934, and
2. The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operation of the Company.





In Witness Whereof, the undersigned have set their hands hereto as of the 8th day of May, 2003.







|/s/ Wallace W. Griffin
Wallace W. Griffin
Chief Executive Officer
(Principal Executive Officer) | 
|----------------------------------------------------------------------------------------------- |
<PAGE>   1

EXCITE, INC.                                                      EXHIBIT 21.01
LIST OF SUBSIDIARIES


<TABLE>
<CAPTION>
NAME                                JURISDICTION OF INCORPORATION      PERCENT OWNED
-------------------------------     -----------------------------      -------------
<S>                                 <C>                                     <C> 
MatchLogic, Inc.                    Delaware, USA                           100%

The McKinley Group, Inc.            Delaware, USA                           100%

Netbot, Inc.                        Delaware, USA                           100%

Classifieds2000, Inc.               California, USA                         100%

E-Media Limited (wholly-owned       Ontario, Canada                         100%
subsidiary of MatchLogic, Inc.)

Excite UK Ltd                       United Kingdom                          100%

Excite Europe Ltd                   United Kingdom                          100%

Excite Holdings Ltd                 United Kingdom                          100%
</TABLE>
#### Elizabeth Carter *Appellant, v.*Charles W. Scofield and others, *Respondents*.

Judgment and order denying new trial affirmed, with costs. Opinion by

Gilbert, J.
EXHIBIT 32.1

UGC EUROPE, INC.    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 UGC Europe, Inc. (the "Company") on Form 10-Q for the period ended September 30, 2003
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Gene W. Schneider, Chairman and Chief Executive Officer of the Company, certify, pursuant to 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:

Date:
November 13, 2003

| |  | By: | /s/GENE W. SCHNEIDERGene W. Schneider Chairman and Chief Executive Officer
| |  | --- | --------------------------------------------------------------------------

---

QuickLinks
**EXHIBIT31.2**

**CERTIFICATION**

I, Craig Johnson, certifythat:

1. I have reviewed thisquarterly report on Form 10-Q of TorreyPines Therapeutics, Inc. for the quarterended June 30, 2007;

2. Based on my knowledge,this report does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

3. Based on my knowledge,the financial statements, and other financial information included in thisreport, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, theperiods presented in this report;

4. The registrant’s othercertifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

a) designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b) evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c) disclosed inthis report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

5. The registrant’s othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performingthe equivalent functions):

a) all significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

b) any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

Date: August 13, 2007
|        |   | /s/ Craig Johnson                                                |
|--------|--------|------------------------------------------------------------------|
|   |   | Craig Johnson                                                    |
|   |   | Vice President,  Finance, Chief Financial Officer  and Secretary |
|   |   | (Principal  Financial and Accounting Officer)                    |

 

----
#### Sec. 4 Posting of bond.

The General Agent shall retain an executed copy of each such bond in its principal office for examination by the National Shipping Authority at any time.

[Amdt. 1, 16 FR 9527, Sept. 19, 1951. Redesignated at 45 FR 44587, July 1, 1980]
Exhibit 32

Certification by the Chief Executive Officer and Chief Financial Officer

Relating to a Periodic Report
Containing Financial Statements

Each of, William J. Reuter, Chief Executive Officer, and Drew K. Hostetter, Chief Financial Officer, of
Susquehanna Bancshares, Inc. (the Company), hereby certifies that, based on his knowledge:

(1) The Companys periodic
report containing financial statements on Form 10-Q for the quarter ended June 30, 2007 (the Form 10-Q) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and

(2) The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the
Company.

Date: As of August 8, 2007



|                        |  |  |  |                        
|----------------------- |  |  |  | -----------------------
|CHIEF EXECUTIVE OFFICER |  |  |  | CHIEF FINANCIAL OFFICER
|                        |  | 
|/s/ William J. Reuter   |  |  |  | /s/ Drew K. Hostetter  
|William J. Reuter       |  |  |  | Drew K. Hostetter
#### § 308.520 Standard optional endorsement No. 3, Form MA-300-C.

Standard Optional Endorsement No. 3, which may be obtained from MARAD's underwriting agent or MARAD, amends the policy to include shipments of diamonds for industrial purposes, or rubies or sapphires, natural or synthetic, used for instruments or watch jewels imported to the Continental United States (excluding Alaska). Application for Standard Optional Endorsement No. 3 may be made to the Underwriting Agent, which shall transmit it to the Maritime Administrator for approval or disapproval of the issuance of the endorsement.
EXHIBIT 32.2

                        ICY SPLASH FOOD & BEVERAGE, INC.
      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 amended Quarterly Report of Icy Splash Food & Beverage,
Inc. (the Company) on Form 10-QSB for the period ended March 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I,
Charles Tokarz, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 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 results of operations of the
Company.

A signed original of this written statement required by Section 906 has been
provided to Icy Splash Food & Beverage, Inc. and will be retained by Icy Splash
Food & Beverage, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.

Date:  April 14, 2004


 /s/ Charles Tokarz
Charles Tokarz
Chief Financial Officer
# C_2014184EN.01002201.xml

| 16.6.2014 | EN | Official Journal of the European Union | C 184/22 |
| --- | --- | --- | --- |

16.6.2014

EN

Official Journal of the European Union

C 184/22

---

Order of the President of the Third Chamber of the Court of 7 February 2014 (request for a preliminary ruling from the Okresný súd Prešov — Slovakia) — Peter Macinský, Eva Macinská v Getfin s.r.o., Financreal s.r.o.

(Case C-482/12) (1)

1

2014/C 184/29

Language of the case: Slovak

The President of the Third Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 9, 12.1.2013.

1

---
<PAGE>   1
                                                                    Exhibit 11.1


          Computation of Shares Used in Computing Net Income Per Share


                                        December 31,  December 31,  December 31,
                                            1999          1998          1997

Common shares, beginning of period...   21,279,812    21,011,422     20,368,398
Common stock equivalents.............    3,704,442     1,853,835      1,684,985
Treasury stock buyback...............   (3,126,832)     (963,268)      (530,991)
Weighted average shares issued.......      123,539       120,029        358,670

                                        21,980,961    22,022,018     21,881,052
Exhibit 2

2:15-cv-11717-SJM-MKM Doc # 58-3 Filed 09/13/16 Pg 1 of 2 Pg ID 1727
The LiveVox Platform

Separate Queuer Pools

I

•,• --+

AGENTS

Includes

HCllCllcker

and Closer

Agents

MANAGER

SSC!

Agent

Connect

Manual

.- _. Accounts - --I

I I

I ••

I -

l

"!C! •.••

r.:: ....•.....

••• 4,91:11)" ' , •• ,.:).

• I VA"

•••.f"OI?'n cOlin,

••••••••• <I/[on

. l' ,

I

'. ,

". F

'«r-.

I "

f .:.l

. I

" f

'f

r:

I '.

Hel " \.

Account!}' "

f

I" ••••~•;•",

/ .>.~."'\\

:••......(.e",e ",fI\'b

Campaigns ~ ~ \l>Cco

Database

~~\

to 0"

~ #o'f'"

'3"i •••••

File --+

Ittput

Phone calls made using manual, Hel and preview-all

skills are made on separate systems that each requires

human intervention for outbound dialing. Dynamic

preview skills will utilize the automated Queuer.

..~~

OiJeuer

100

Queuer

102

t-

\

CONFIDENTIAL

/

Quouor

103

I

" : -:

Oueuer

1U9

Source: https:llprezi.comldkqrnmbpbztbllalmlv-integration/# - Prezi Presentation Online

MANUAL

Queuer

Oueuer

Oueeer 111 Queller

110 : 112

,

Hel

,

, I ,,~

" Oooum .'

Oueuer 105 Duoucr

104 " ; , 106

-, l <.,.'"

Preview-All

Queuer

".

~

AUTOMATED

QueuerlOlaltir

Ouauer Queucr

101 108

'"

Callie!

~

~

~

~

2:15-cv-11717-SJM-MKM Doc # 58-3 Filed 09/13/16 Pg 2 of 2 Pg ID 1728
<PAGE>

                                                                 Exhibit 10.22.3

                     AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT


         Amendment No. 3 dated as of April 28, 2000 (the "Amendment") to the
Employment, Non-Competition and Proprietary Rights Agreement, as amended, and
any exhibits thereto (the "Agreement") by and between Universal Access, Inc., a
Delaware corporation (the "Company") and Robert J. Pommer, Jr. (the "Employee").
Any capitalized terms not defined herein shall have the meanings assigned to
those terms in the Agreement.

                                    RECITALS

         A. Company and Employee entered into the Agreement on September 15,
1998 and amended the Agreement by letter agreement dated February 8, 1999 and by
Amendment No. 2 dated February 1, 2000.

         B. Company and Employee desire to amend the Agreement to reflect
certain changes agreed to by the Company and the Employee.

         NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as
follows:

         1. All references in the Agreement to "Chief Operating Officer, Chief
Technical Officer and Secretary" shall be deleted and replaced by references to
"Chief Technical Officer".

         2. MISCELLANEOUS. Upon the execution and delivery of this Amendment,
the Agreement shall be amended and supplemented as set forth herein, as fully
and with the same effect as if the amendments and supplements made hereby were
set forth in the Agreement as of the date hereof. This Amendment and the
Agreement shall henceforth be read, taken and construed as one and the same
instrument, but this Amendment shall not operate so as to render invalid or
improper any action previously taken under this Agreement.

         IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of April 28, 2000.


                  COMPANY:                  UNIVERSAL ACCESS, INC.,
                                            a Delaware corporation


                                            By:    /s/ Patrick C. Shutt
                                            Name:  Patrick C. Shutt
                                            Title: President and CEO


                  EMPLOYEE:                 By:    /s/ Robert J. Pommer, Jr.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

WILL GREEAR, JR.,

Plaintiff,

v.

EXPERIAN INFORMATION SOLUTIONS,

INC.,

Defendant.

 /

Case No. 15-11533

Honorable John Corbett O’Meara

ORDER GRANTING DEFENDANT’S MOTION FOR MORE DEFINITE STATEMENT

This matter came before the court on defendant Experian Information Solution’s April 28,

2015 Motion for More Definite Statement. No response was filed, and no oral argument was heard.

Plaintiff Greear’s pro se complaint, in its entirety, reads as follows: “Defendant has posted

inaccurate items on my credit report and refuses to remove/correct them. I am suing for the amount

of $3,000 per regulations of the FCRA.”

Complaints drafted by pro se litigants are held to a less stringent standard than pleadings

drafted by attorneys. They will be liberally construed by courts when determining whether they fail

to state a claim upon which relief can be granted. Haines v. Kerner, 404 U.S. 519, 520 (1972). 

However, a court need not formulate allegations or create a cause of action for a plaintiff. Barnett

v. Hargett, (10th Cir. 1999).

Plaintiff’s complaint in this matter fails to provide any factual content regarding his alleged

claim. He has failed to identify what information is inaccurate, why he contends Defendant should

have removed or corrected it, what sections of the Fair Credit Reporting Act he contends Defendant

5:15-cv-11533-JCO-MJH Doc # 6 Filed 06/30/15 Pg 1 of 2 Pg ID 24
has violated, or when the alleged violations took place. In order for Defendant to be able to defend

the claims against it, it must know what is being alleged.

ORDER

Therefore, it is hereby ORDERED that defendant Experian Information Solutions’ April 28,

2015 Motion for More Definite Statement is GRANTED.

It is further ORDERED that plaintiff Greear FILE an amended complaint within 21 days of

this order.

s/John Corbett O'Meara 

United States District Judge

Date: June 30, 2015

I hereby certify that a copy of the foregoing document was served upon the parties of record

on this date, June 30, 2015, using the ECF system and/or ordinary mail.

s/William Barkholz 

Case Manager

2

5:15-cv-11533-JCO-MJH Doc # 6 Filed 06/30/15 Pg 2 of 2 Pg ID 25
#### § 326.4 Reports of accidents and occurrences.

The Agent shall report every accident or occurrence of a P&I nature promptly to both the Director, Office of Trade Analysis and Insurance, Maritime Administration, 500 Seventh Street, SW., Room 8121, Washington, DC 20590, Tel. (202) 366-1461, and the contracting officer named in the Agreement. If MARAD has obtained P&I insurance through a marine insurance underwriter, the Agent also shall concurrently file a report of such accident or occurrence with the underwriter. MARAD shall disclose full details as the identity of such underwriter to the Agent.