alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                         Exhibit 10(ii)(A)(xii)

                  PERFORMANCE BASED COMPENSATION ARRANGEMENTS
                   FOR THE CHIEF EXECUTIVE OFFICER AND OTHER
                            NAMED EXECUTIVE OFFICERS


GENERAL

     In 1994 the shareholders approved a plan to reward the Company's Chairman
and Chief Executive Officer ("CEO") on the basis of the Company's performance.
In order for the Company to be able to deduct for tax purposes performance-based
compensation in excess of $1,000,000 total compensation (the "Compensation Cap")
payable to the CEO and the other Named Executive Officers, the Company's
shareholders are required to reapprove the terms of these arrangements every
fifth year, which they did last year. Shareholders approval is being sought
again this year because changes have been made to these arrangements that
require such re-approval. These arrangements are discussed above in the Report
of the Compensation Committee of the Board of Directors on Executive
Compensation under the caption "Annual Incentive Plan". The Annual Incentive
Plan is applicable to the CEO and each other Named Executive Officer.

     If these arrangements are not approved this year by the shareholders, the
Company will lose the tax deduction on any amount of performance-based
compensation in excess of the Compensation Cap that the Company expects to pay
the CEO and any Named Executive Officer.

     PERFORMANCE CRITERIA AND MAXIMUM COMPENSATION PAYABLE. The FY 2002
performance criterion that the Compensation Committee of the Board of Directors
has established focuses on earnings. However, the Compensation Committee may add
to or alter the performance objectives to include additional criteria from among
the following: cash flow, revenue, pre-tax or after-tax profits, return on
capital, return on equity, gross margin, operating or other expenses, earnings
before interest and taxes, earnings before interest, taxes, depreciation and
amortization, net income, earnings per share, stock price appreciation, total
shareholder return (share appreciation plus reinvested dividends), sales growth,
productivity improvement, return on assets and operating earnings. In no event
shall the compensation payable to the CEO or any other Named Executive Officer
in accordance with the foregoing performance criteria exceed $3,000,000 during
any one fiscal year.

     While the Compensation Committee has the authority to change the terms of
performance-based compensation without seeking shareholder approval, under
current law, in order to deduct any amounts in excess of the Contribution Cap
that are attributable to performance-based compensation, the Company must obtain
shareholder approval if any material terms are changed.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA
F OURTH D ISTRICT

JOHN PITCHER and REID MOORE, JR. , Appellant s ,

v.

DAVID J. ZAPPITELL, ZAPPITELL & KAPRAL, P.A., and ZAPPITELL LAW FIRM, P.L. , Appellee s

.

No. 4D 17

- 3202

[ May 17, 2018 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Meenu Sasser , Judge; L.T. Case No. 50

- 2012

- CA

- 007747

- XXXX

- MB

.

Reid Moore, Jr., Palm Beach, for appellant s

.

Kerri C. Smith of the Law Office of Kerri C. Smith, P.A., Boca Raton; and David J. Zappitell of the Zappitell Law Firm, P.L., Delray Beach, for appellee s

.

P ER C URIAM

.
Affirmed.

M AY , C IKLIN and K UNTZ , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
# C_2007157EN.01001201.xml

| 10.7.2007 | EN | Official Journal of the European Union | C 157/12 |
| --- | --- | --- | --- |

10.7.2007

EN

Official Journal of the European Union

C 157/12

---

Euro exchange rates (1)

1

9 July 2007

(2007/C 157/08)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3621 |
| JPY | Japanese yen | 168,13 |
| DKK | Danish krone | 7,4404 |
| GBP | Pound sterling | 0,67630 |
| SEK | Swedish krona | 9,1677 |
| CHF | Swiss franc | 1,6582 |
| ISK | Iceland króna | 82,75 |
| NOK | Norwegian krone | 7,9130 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5841 |
| CZK | Czech koruna | 28,675 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,70 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6977 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,7522 |
| RON | Romanian leu | 3,1250 |
| SKK | Slovak koruna | 33,382 |
| TRY | Turkish lira | 1,7507 |
| AUD | Australian dollar | 1,5832 |
| CAD | Canadian dollar | 1,4264 |
| HKD | Hong Kong dollar | 10,6476 |
| NZD | New Zealand dollar | 1,7432 |
| SGD | Singapore dollar | 2,0692 |
| KRW | South Korean won | 1 254,49 |
| ZAR | South African rand | 9,4975 |
| CNY | Chinese yuan renminbi | 10,3540 |
| HRK | Croatian kuna | 7,2930 |
| IDR | Indonesian rupiah | 12 286,14 |
| MYR | Malaysian ringgit | 4,6863 |
| PHP | Philippine peso | 62,616 |
| RUB | Russian rouble | 34,9760 |
| THB | Thai baht | 43,240 |

Currency

Exchange rate

USD

US dollar

1,3621

JPY

Japanese yen

168,13

DKK

Danish krone

7,4404

GBP

Pound sterling

0,67630

SEK

Swedish krona

9,1677

CHF

Swiss franc

1,6582

ISK

Iceland króna

82,75

NOK

Norwegian krone

7,9130

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5841

CZK

Czech koruna

28,675

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,70

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6977

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,7522

RON

Romanian leu

3,1250

SKK

Slovak koruna

33,382

TRY

Turkish lira

1,7507

AUD

Australian dollar

1,5832

CAD

Canadian dollar

1,4264

HKD

Hong Kong dollar

10,6476

NZD

New Zealand dollar

1,7432

SGD

Singapore dollar

2,0692

KRW

South Korean won

1 254,49

ZAR

South African rand

9,4975

CNY

Chinese yuan renminbi

10,3540

HRK

Croatian kuna

7,2930

IDR

Indonesian rupiah

12 286,14

MYR

Malaysian ringgit

4,6863

PHP

Philippine peso

62,616

RUB

Russian rouble

34,9760

THB

Thai baht

43,240

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
##### 



Exhibit 31.2
 Certification of Chief Financial Officer  Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
 I, Michael D. Bornak, Vice President of Finance and Chief Financial Officer, certify that:1.
    
    I have reviewed this Quarterly Report on Form 10-Q of Portec Rail Products, Inc.;2.
    
    Based on my knowledge, this 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 report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present 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
report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant and have:
 a)
    
    designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, 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 report is being prepared;b)
    
    evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this report
based on such evaluation; andc)
    
    disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, 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 and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; andb)
    
    any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial
reporting.
 August 12, 2005
    
    /s/ Michael D. BornakDate
    
    Michael D. BornakVice President of Finance and Chief Financial Officer
EXHIBIT 32.2

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

In connection with the Annual Report of Vantage Health (the "Company") on Form
10-K for the year ended June 30, 2011, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Lisa Ramakrishnan, Financial
Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that:

The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and

The  information  contained  in the  Report  fairly  presents,  in all  material
respects, the financial condition and results of operations of the Company.


Date: October 13, 2011                /s/ Lisa Ramakrishnan
                                      ---------------------------------------
                                      Lisa Ramakrishnan
                                      President, Chief Executive Officer, and
                                      Chief Financial Officer
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A21A0551. LONG v. TRUEX.

Cherie Long filed applicationsfor discretionary appeal of the trial court’s order

denying her motion to modify custody and order finding Long in contempt. This

Court granted Long’s application from the denial of her motion to modify custody on

the ground that the ruling is directly appealable. As a result, this Court also granted

her application from the contempt order, a ruling not directly appealable. Long

subsequently withdrew her notice of appeal as to the order denying her motion to

modify custody, leaving pending on appeal onlyLong’s challenge to the order finding

her contempt. Upon further review, we have determined that this application for

discretionary appeal was improvidently granted. Accordingly, the appeal is

DISMISSED. 

Upon consideration of Duane Truex’s motion for frivolous appeal penalties

pursuant to Court of Appeals Rule 7 (e) (2), the motion is hereby DENIED.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

May 24, 2021

05/24/2021
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

The Small Business Administration publishes an interest rate called the optional “peg” rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan. This rate may be used as a base rate for guaranteed fluctuating interest rate SBA loans. This rate will be 5.000 (5) percent for the April-June quarter of FY 2007. 

Janet A. Tasker, 

Acting Associate Administrator for Financial Assistance.

[FR Doc. E7-6242 Filed 4-3-07; 8:45 am] 

BILLING CODE 8025-01-P
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

United States of America

v. 2:11-cr-224

Tawain P. McAfee 

ORDER

There being no objections, the court hereby adopts the Report

and Recommendation of the magistrate judge (Doc. 37) that the

defendant’s guilty pleas be accepted. The court accepts the

defendant’s pleas of guilty to Counts 1 and 2 of the superseding

information, and he is hereby adjudged guilty on those counts. The

court will defer the decision of whether to accept the plea

agreement until the sentencing hearing.

Date: May 30, 2012 s\James L. Graham 

 James L. Graham

 United States District Judge

Case: 2:11-cr-00224-JLG Doc #: 39 Filed: 05/30/12 Page: 1 of 1 PAGEID #: <pageID>
|    |                                                                                       |
|----|---------------------------------------------------------------------------------------|
| 1. | I have reviewed this Form 10-K/A (Amendment No. 1) of Fortegra Financial Corporation; |

|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 2. | Based on my knowledge, this 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 report; |

|    |                                                                                                                                                                                                                                                                                         |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 3. | Based on my knowledge, the financial statements, and other financial information included in this report, fairly present 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 report. |

|        |
|--------|
|        |  |  |  |
|   |   |   |   |
|   |   |   |   |
| Date:  | August 23, 2013 |   | /s/  Walter P. Mascherin |
|   |   |   | Walter P. Mascherin |
|   |   |   | Executive Vice President and Chief Financial Officer |
# C_2007183EN.01001401.xml

| 4.8.2007 | EN | Official Journal of the European Union | C 183/14 |
| --- | --- | --- | --- |

4.8.2007

EN

Official Journal of the European Union

C 183/14

---

Judgment of the Court (Seventh Chamber) of 14 June 2007 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-321/06) (1)

1

(Failure of a Member State to fulfil obligations - Directive 2002/14/EC - Informing and consulting employees - Failure to transpose within the period prescribed)

(2007/C 183/22)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: J. Enegren and G. Rozet, acting as Agents)

Applicant:

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, all the provisions necessary to comply with Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community — Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ 2002 L 80, p. 29)

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive; |
| --- | --- |

1.

Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

| 2. | Orders the Grand Duchy of Luxembourg to pay the costs. |
| --- | --- |

2.

Orders the Grand Duchy of Luxembourg to pay the costs.

---

(1)  OJ C 212, 2.9.2006.

1

---
Exhibit 12.1

SL Green Operating Partnership, L.P.  Ratio of Earnings to Fixed Charge & Preferred Unit Distributions

Year Ended December 31,2010

2009

2008

2007

2006EarningsIncome (loss) from continuing operations

$
109,722

$
3,163

$
29,438

$
67,350

$
48,947Add: JV cash distributions


584,564


79,523


525,372


128,305


112,540Interest


234,161


238,993


298,108


263,663


94,799Amortization of loan costs expensed


9,928


7,947


6,436


15,893


4,424Portion of rent expense representative of interest


22,570


22,986


24,346


23,276


17,850Total earnings

$
960,946

$
352,611

$
883,701

$
498,487

$
278,560Fixed Charges and Preferred Unit DistributionsInterest

$
234,161

$
238,993

$
298,108

$
263,663

$
94,799Preferred unit distributions


29,749


19,875


19,875


19,875


19,875Interest capitalized





98


(179
)

5,118


8,529Portion of rent expense representative of interest


22,570


22,986


24,346


23,276


17,850Amortization of loan costs expensed


9,928


7,947


6,436


15,893


4,424Total Fixed Charges and Preferred Unit Distributions

$
296,409

$
289,898

$
348,587

$
327,825

$
145,477Ratio of earnings to combined fixed charges and preferred unit distributions


3.24
X

1.22
X

2.54
X

1.52
X

1.91
X


The
ratios of earnings to combined fixed charges and preferred distributions were computed by dividing earnings by fixed charges. For the purpose of calculating the ratios, the earnings
have been calculated by adding fixed charges to income or loss from continuing operations before adjustment for noncontrolling interests plus distributions from unconsolidated joint ventures,
excluding gains or losses from sale of property, loss on equity investment and marketable securities and the cumulative effect of changes in accounting principles. With respect to SL Green Operating
Partnership, L.P., fixed charges and preferred unit distributions consist of interest expense including the amortization of debt issuance costs, rental expense deemed to represent interest expense and
preferred distributions paid on its 7.625% Series C and its 7.875% Series D cumulative redeemable preferred units.

---



QuickLinks
#### John M. Young and others, *Respondents, v.*William McCarty, Jr., and others *Appellants.*

— Order affirmed, with ten dollars costs and disbursements.
Exhibit 32.1  CERTIFICATION PURSUANT Section 1350 Certification  In connection with the annual report of Dixie Foods International, Inc. (the “Company”) on Form 10-K for the year ended August 31, 2011 as filed with the Securities and Exchange Commission (the “Report”), I, Robert E. Jordan, 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 result of operations of the Company.   Date: November 3, 2011by: /s/ Robert E. JordanRobert E. JordanPresident,
Principal executive officer and principal accounting officer
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

January 29, 2010 

0125 

Order 

 

January 29, 2010 

139638 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 139638 

 COA: 282081 

Wayne CC: 06-006063-FC 

DONYA ANTWON DAVIS, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the July 30, 2009 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
Exhibit 32.1  CERTIFICATION PURSUANT TO 18 U.S.C. 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  The undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to their knowledge, the Annual Report on Form 10-K for the period ended April 30, 2011 of Superior Venture Corporation (the “Company”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and the information contained in such periodic report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in such report.  Very truly yours,   /s/ Michael MooreMichael MooreChief Executive Officer/s/ Michael MooreMichael MooreChief Financial OfficerDated: October 12, 2011   A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to Superior Venture Corporation and will be furnished to the Securities and Exchange Commission or its staff upon request.