alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
bigc-ex1018_159.htm



 

Exhibit 10.18

 

2021 Executive Bonus Plan


	
1.
	
Purpose. The purpose of the 2021 Executive Bonus Plan (this “Plan”) is to encourage, recognize, and annually reward the achievement of key financial objectives for BigCommerce Holdings, Inc. (together with its subsidiaries, the “Company”).





	
2.
	
Period. This Plan period covers the Company’s fiscal year beginning on January 1, 2021 and ending on December 31, 2021. Plan participation, performance goals, and target incentives are established at the beginning of the year.





	
3.
	
Eligibility. Each participant must be in a position to materially contribute to the success of the Company. Participation is limited to Company executives with titles of vice president or higher. A participant does not earn a Participant Bonus Payment and a participant is not eligible to receive a Participant Bonus Payment unless the participant is employed by the Company on the date that Participant Bonus Payment is paid.





	
4.
	
Calculation.  Bonuses and applicable bonus metrics will be determined from time to time by the Compensation Committee of the Company’s Board of Directors (the “Compensation Committee”).  Bonuses may be calculated from individual or company performance criteria including, without limitation, revenue, annual revenue run-rate, net revenue retention, adjusted EBITDA, adjusted EBITDA margin, gross profit, non-GAAP operating income, or management-based objectives.  Adjustments may be made at the sole discretion of the Compensation Committee to include or exclude certain items in the calculations.





	
5.
	
Payments. Bonus payments to participants (each, a “Participant Bonus Payment”) are expected to be paid on or before March 15, 2022. 





	
6.
	
Communications. No commitments, verbal or written, may be made to any participant regarding a Participant Bonus Payment unless approved in writing by the Company’s chief executive officer (the “CEO”).





	
7.
	
Promotions; New Hires. Recently promoted participants will have their Participant Bonus Payments prorated based on the first date of the participant’s eligibility for this Plan. Participant Bonus Payments for new hires will be calculated pro rata based on start date of the participant.





	
8.
	
Miscellaneous.





	
 
	
8.1.
	
General. The Compensation Committee will have sole authority and discretion to administer and interpret all aspects of this Plan 





	
 
	
8.2.
	
At-Will Employment. Participation in the Bonus Plan does not confer any right to continue to be employed by the Company. 





	
 
	
8.3.
	
Modifications. The Company retains the absolute right to modify, alter or terminate this Plan at any time without notice.
# C_2015228EN.01002301.xml

| 13.7.2015 | EN | Official Journal of the European Union | C 228/23 |
| --- | --- | --- | --- |

13.7.2015

EN

Official Journal of the European Union

C 228/23

---

Action brought on 13 May 2015 — Novartis v OHIM — Meda (Zimara)

(Case T-238/15)

(2015/C 228/28)

Language in which the application was lodged: English

Parties

Parties

Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Defendant:

Other party to the proceedings before the Board of Appeal: Meda AB (Solna, Sweden)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Applicant: Other party to the proceedings before the Board of Appeal

Applicant:

Trade mark at issue: Community word mark ‘Zimara’ — Application for registration No 9 782 764

Trade mark at issue:

Procedure before OHIM: Opposition proceedings

Procedure before OHIM

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 6 March 2015 in Case R 636/2014-5

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the contested decision; |
| --- | --- |

—

Annul the contested decision;

| — | Order OHIM to pay the costs. |
| --- | --- |

—

Order OHIM to pay the costs.

Plea in law

Plea in law

| — | Infringement of Article 8(1)(b) CTMR. |
| --- | --- |

—

Infringement of Article 8(1)(b) CTMR.

---
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* Pursuant to 5 TH C IR

. R. 47.5, the court has determined that this opinion should not

be published and is not pre cedent except under the limited circumstances set forth in 5 T H C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

____________
No. 99-50031

____________ UNITED STATES OF AMERICA, ex rel, RON WEDDINGTON,

Plaintiff-Appellant,

versus

SCOTT & WHITE MEMORIAL HOSPITAL; SCOTT & WHITE CLINIC; SCOTT, SHERWOOD AND BRINDLEY,

Defendants-Appellees.

Appeal from the United States District Court for the Western District of Texas (W-98-CV-208)

November 8, 1999

Before KING, Chief Judge, and REYNALDO G. GARZA and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

AFFIRMED. See 5th Cir. R. 47.6.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARK and PATRICIA ASHTON :

: CIVIL ACTION NO. 02-CV-4155

Plaintiffs, :

:

v. :

:

BAYER CORPORATION;

BAYER AG;

GLAXOSMITHKLINE, PLC;

GLAXOSMITHKLINE;

SMITHKLINE BEECHAM

:

:

:

:

:

ENTRY OF APPEARANCE

:

Defendants. :

ENTRY OF APPEARANCE

To the Clerk of the Court:

Kindly enter the appearances of Hope S. Freiwald, Aline Fairweather, Erin

Brennan and Kirstin J. Miller as attorneys for defendant SmithKline Beecham Corporation d/b/a

GlaxoSmithKline.

Respectfully Submitted,

_____________________________ _____________________________

Hope S. Freiwald Aline Fairweather

_____________________________ _____________________________

Erin Brennan Kirstin J. Miller

DECHERT PRICE & RHOADS

4000 Bell Atlantic Tower

1717 Arch Street

Philadelphia, PA 19103-2793

(215) 994-4000

Case 2:02-cv-04155-HH Document 8 Filed 09/16/2002 Page 1 of 1
No. 51592.

#### Protests 3891-K, etc., of Samuel Barotz & Co., Inc. (New York).

Opinion by

Oliver, P. J.

It was stipulated that the merchandise consists of beads similar in all material respects to those the subject of *Eitinger Bead Co., Inc.*v. *United States*(17 Cust. Ct. 56, C. D. 1020). In accordance therewith the claim at 35 percent under paragraph 1503, or at 20 percent under the same paragraph, as modified by T. D. 49458, was sustained.
1

 In approving and adopting this Report and Recommendation, I do not

undertake to endorse the particular analysis of petitioner Ozoroski’s Ex Post Facto

Clause claim. However, I agree with Judge Smith’s conclusion that the Ex Post

Facto Clause claim is without merit. 

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

STANLEY N. OZOROSKI

Petitioner

v.

EDWARD J. KLEM; THE DISTRICT

ATTORNEY OF THE COUNTY OF

MONTGOMERY, AND THE ATTORNEY

GENERAL OF THE STATE OF

PENNSYLVANIA

Respondents

Civil Action No. 04-0561

ORDER

September 28, 2005

Upon consideration of the pleadings and record herein, and after review of

the Report and Recommendation of United States Magistrate Judge Charles B.

Smith, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.1

Case 2:04-cv-00561-LP Document 19 Filed 09/28/05 Page 1 of 2
2. The Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. §

2254, is DENIED.

3. There is no probable cause to issue a certificate of appealability.

It is so ORDERED. 

BY THE COURT:

________________________

LOUIS H. POLLAK J.

Case 2:04-cv-00561-LP Document 19 Filed 09/28/05 Page 2 of 2
Document

Exhibit 10(e)(iv)
SOUTH JERSEY INDUSTRIES, INC.
 
SCHEDULE OF OFFICER AGREEMENTS
 
Pursuant to Rule 12b-31, the following sets forth the material details which differ in the Officer Change in Control Agreements, the form of which is filed herewith as Exhibit 10(e)(iii).
 
															
	Name	Capacities in Which Served	Effective
 Date
 of
Agreement
	Severance
Multiple of
Base Salary
and Average
Annual Bonus
	Duration of Continued Medical
Insurance

	  	  	  	  	  
	Michael J. Renna	Director, President and Chief Executive Officer, South Jersey Industries, Inc.	1/1/20	3X	3 years
					
	Steven R. Cocchi	Senior Vice President and Chief Financial Officer, South Jersey Industries, Inc.	1/1/20	2X	2 years
					
	David Robbins, Jr.	Senior Vice President, South Jersey Industries, Inc. and President, SJI Utilities, Inc. 	1/1/20	2X	2 years
					
	Melissa Orsen	Senior Vice President, South Jersey Industries, Inc. and President & Chief Operations Officer, South Jersey Gas Company	1/1/20	2X	2 years
					
	Kathleen Larkin	Senior Vice President and Chief Human Resources Officer, South Jersey Industries, Inc.	5/11/20	2X	2 years
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ROBERT REVAK and :

MARGARET REVAK : CIVIL ACTION

:

v. : No. 03-4822

:

INTERFOREST TERMINAL :

UMBEA AB :

and :

WAGENBORG SHIPPING, B.V. :

ORDER

AND NOW, this 8 day of September, 2009, upon consideration of Plaintiffs’ th

Motion in Limine to Preclude Evidence of Alcohol Consumption by Plaintiff Robert Revak (Doc.

No. 65), and all documents submitted in support thereof and in opposition thereto, it is

ORDERED that the Motion is GRANTED.

IT IS SO ORDERED.

BY THE COURT:

 

R. Barclay Surrick, J.

Case 2:03-cv-04822-RBS Document 83 Filed 09/08/09 Page 1 of 1
FY20 JJ Monthly (Check) Volume Report

AGCY_NM Oct‐19 Nov‐19 Dec‐19 Jan‐20 Feb‐20 Mar‐20 Apr‐20 May‐20 Jun‐20 Jul‐20 

Salary Payments/Allotments 17,633 16,866 23,281 17,262 16,602 17,019 17,654 19,775 21,002 15,088 

 

Benefit Payments:

OPM 17,894 17,314 17,412 17,336 16,995 17,290 16,371 15,889 16,045 15,319 RRB 4,638 4,465 4,383 5,289 4,905 5,075 4,686 4,726 5,336 5,458 SSA 711,550 688,750 770,141 711,793 721,849 877,376 732,488 730,457 826,221 644,379 DOL Black Lung 1,336 1,318 1,297 1,285 1,306 1,318 1,319 1,285 1,281 1,247 

SSI 347,753 357,842 341,395 337,123 344,151 347,026 346,166 336,840 333,321 325,857 VA 130,093 127,961 132,353 132,573 130,413 138,361 137,401 123,422 123,072 122,878 Subtotal 1,213,264 1,197,650 1,266,981 1,205,399 1,219,619 1,386,446 1,238,431 1,212,619 1,305,276 1,115,138 

Vendor Payments 165,283 138,188 153,252 161,617 118,932 156,034 140,097 99,031 171,713 140,086 Miscellaneous Payments 997,303 929,768 785,891 743,901 787,593 774,404 1,406,575 1,634,111 559,325 470,962 Tax Refund Payments 1,350,911 846,388 647,887 392,778 2,931,927 4,925,118 3,889,659 1,923,160 1,419,313 2,707,383 EIP Payments 7,034,399 26,772,179 1,732,641 980,397 Total 3,744,394 3,128,860 2,877,292 2,520,957 5,074,673 7,259,021 13,726,815 31,660,875 5,209,270 5,429,054 Total Non‐EIP 3,744,394 3,128,860 2,877,292 2,520,957 5,074,673 7,259,021 6,692,416 4,888,696 3,476,629 4,448,657 

Total Non‐EIP/Non‐Ed
Case No. 13,681.

#### SWATARA R. CO. v. McKIM.

[2 West. Law J. 138; 11 Hunt, Mer. Mag. 363.]

Circuit Court, D. Maryland.

Oct., 1844.

Corporations — Subscription' por Stock — Fraudulent Aoueemen't.

This suit was brought by the Swatara Railroad Company of Maryland, to recover of the executors of John McKim, Jr., deceased, the sum of .$500, the amount subscribed for ten shares of stock. On the part of the defendant, it was proved that the plaintiff’s commissioner to receive subscriptions, had agreed with certain other stockholders who had previously subscribed their names on the list, to receive, in payment of their shares, Tide Water Canal stock at its nominal amount, when in fact it was greatly depreciated in the market; this agreement, it was contended, was a fraud upon the other bona fide stockholders, and entitled them to a recission of their subscription.

THE COURT

(TANEY, Circuit Justice,)

decided that each stockholder must be charged with notice of the company’s charter, which authorized only payments of stock in money, and. therefore, as the said agreement to receive depreciated securities was illegal and void, it was incompetent to the parties to the illegal agreement, to set it up in bar of an action brought against them for the stock subscribed; and if the said parties would be precluded from setting up said agreement, neither could any other bona fide subscriber of stock rely upon the said illegal agreement for the purpose of annulling his own subscription. It is proper to state that the articles of subscription, signed by all the stockholders, purported, on their face, to be payable in dollars, but THE COURT decided that whether the collateral agreement to pay in depreciated securities, was in writing or by parol, it was equally inadmissible as a defence.
No. 52172.

protests 724463-G, etc. (New York).

#### Ellery Products Mfg. Co., Inc., et al. *v.*United States,

Opinion by

Kincheloe, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
Before the Third Division,

April 15, 1959

No. 62976.

#### Howard S. Reeder *v.*United States,

protests 330055-K and 330058-K (Tampa).

Opinion by

Johnson, J.

In accordance with oral stipulation of counsel that the ceramic novelties identified as items 439 and 8035 in protest 330055-K and items 11227, 11228, 11229, 11077, and 599 in protest 330058-K are in chief value of earthenware, the claim of the plaintiff was sustained.
CERTIFICATIONS





I, Brian J. Bass, certify that:



1.

I have reviewed this annual report on Form 20-F of San Telmo Energy Ltd.;



2.

Based on my knowledge, this annual report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this annual report;



3.

Based on my knowledge, the financial statements, and other financial information included in this annual report, fairly represents in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report;



4.

The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:



a)

designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this annual report is being prepared;

b)

evaluated the effectiveness of the registrants disclosure controls and procedures as of a date of 90 days prior to the filing date of this annual report (the Evaluation Date); and

c)

presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;



1.

The registrants other certifying officers and I have disclosed, based on our most recent evaluation, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):



a)

all significant deficiencies in the design or operation of internal controls which could adversely affect the registrants ability to record, process, summarize and report financial data and have identified for the registrants auditors any material weaknesses in internal controls; and

b)

any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls; and



1.

The registrants other certifying officers and I have indicated in this annual report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.





Dated:    October 29, 2003





Signed:  /s/ Brian J. Bass

Brian J. Bass, President
**EXHIBIT 32.1**

CERTIFICATION OFTHE CHIEF EXECUTIVE OFFICER OF TUESDAY MORNING CORPORATION PURSUANT TO 18U.S.C. §1350

I, Kathleen Mason, theChief Executive Officer of Tuesday Morning Corporation, hereby certify that:

1                                               Thequarterly report on Form 10-Q of Tuesday Morning Corporation for theperiod ended September 30, 2006 fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934;and

2.                                       Theinformation contained in the above-mentioned report fairly presents, in allmaterial respects, the financial condition and results of operations of TuesdayMorning Corporation.
| Date: November 2, 2006 | By:    | /s/ Kathleen Mason                      |
|------------------------|--------|-----------------------------------------|
|                   |   | Kathleen Mason  Chief Executive Officer |

 

22

----
No. 66713.

#### Childrens Hose, Inc. *v.*United States,

protest 60/17699 (New York).

*430Opinion by

Ford, J.

In accordance with stipulation of counsel that the merchandise consists of nylon leotards similar in use to silk underwear and following the principles set forth in *United States*v. *Steinberg Bros.*(47 C.C.P.A. 47, C.A.D. 727), the claim of the plaintiff was sustained.
---

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

I, Henryk Dabrowski, hereby certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

|(1) | the Annual Report on Form 10-K of Alternet Systems Inc.
      for the year ended December 31, 2010 (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 Alternet Systems Inc..                                                              

Dated: March 29, 2011

| | /s/
      Henryk Dabrowski   
| | -----------------------------
| | Henryk Dabrowski             
| | President and Director       
| | (Principal Executive Officer)
| | Alternet Systems Inc.        

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Alternet Systems
Inc. and will be retained by Alternet Systems Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.

---
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CHARLES CAVITT :

: CIVIL ACTION NO. 02-CV-4139

Plaintiff, :

:

v. :

:

BAYER CORPORATION;

BAYER AG;

GLAXOSMITHKLINE, PLC;

GLAXOSMITHKLINE;

SMITHKLINE BEECHAM

:

:

:

:

:

ENTRY OF APPEARANCE

:

Defendants. :

ENTRY OF APPEARANCE

To the Clerk of the Court:

Kindly enter the appearances of Hope S. Freiwald, Aline Fairweather, Erin

Brennan and Kirstin J. Miller as attorneys for defendant SmithKline Beecham Corporation d/b/a

GlaxoSmithKline.

Respectfully Submitted,

_____________________________ _____________________________

Hope S. Freiwald Aline Fairweather

_____________________________ _____________________________

Erin Brennan Kirstin J. Miller

DECHERT PRICE & RHOADS

4000 Bell Atlantic Tower

1717 Arch Street

Philadelphia, PA 19103-2793

(215) 994-4000

Case 2:02-cv-04139-RBS Document 8 Filed 09/16/2002 Page 1 of 1
No. 60402.

protest 250520-K (San Francisco).

#### The American Import Co. *v.*United States,

Opinion by

Wilson, J.

In accordance with stipulation of counsel that the issues are the same in all material respects as those the subject of *John P. Herber & Co., Inc.*v. *United States*(30 Cust. Ct. 193, C. D. 1519), the protest was dismissed, and the matter was remanded to a single judge sitting in reappraisement for determination of the value of the merchandise in the manner provided by law (28 U. S. C. § 2636 (d)).
No. 51263.

#### Protests 979753-G, etc., of Bloomingdale Bros. (New York).

Opinion by

Oliver, P. J.

The Government chemist who made the chemist’s report of the sample testified that he found the sample to be composed solely of svnthetic phenolic resin; and that the synthetic resin was not a binding agent. In accordance therewith and following Abstract 49907 the claim at 20 percent under paragraph 1558 was sustained.