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

Exhibit 10.1

July 19, 2021


VIA EMAIL/DOCUSIGN


Dear Ms. Cavanaugh,


As discussed, effective as of the filing date of Apollo Endosurgery, Inc.’s (the “Company”) Quarterly Report on Form 10-Q for the quarter ended June 30, 2021 (the “Effective Date”), which is expected to be on or about August 3, 2021, you will cease serving as Chief Financial Officer of Apollo Endosurgery, Inc. (the “Company”) and will remain employed in a transitional role at the Company.  In this new role, you will report to the Chief Financial Officer of the Company.


Between now and the Effective Date, you and the Company will negotiate a new employment agreement to reflect your new role.  The Company agrees that, at a minimum, any new employment agreement will provide for the same level of severance benefits and related severance terms and conditions at least as favorable to you as those provided under your Employment Agreement dated March 2, 2015, as amended on May 23, 2018 (the “Employment Agreement”).


If you and the Company are not able to reach agreement on a new employment agreement by the Effective Date, then you will remain employed under the terms of your Employment Agreement, as amended by the terms herein, through January 31, 2022, at which time your employment will automatically end and you will be entitled to severance benefits under Section 8(d)(ii) of your Employment Agreement.


You will remain eligible for a 2021 bonus, subject to the terms and conditions set forth in the Employment Agreement and the Company’s incentive bonus plan (including any requisite approvals by the Company’s board of directors or any committee thereof), provided you remain employed through the January 31, 2021. 


The Company acknowledges that this change in your role constitutes Good Reason for your resignation under the terms of your Employment Agreement and agrees that between now and January 31, 2022, you may elect to resign for Good Reason upon providing notice of same to the Company, with at least fifteen (15) days’ notice of your final day of employment.  In the event you provide such notice, the Company will provide you with the severance benefits set forth in Section 8(d)(ii) of your Employment Agreement, subject to the terms and conditions therein.  You understand and agree that your right to resign for Good Reason based on this transition will expire as of January 31, 2022.


Except as set forth herein, all of the terms and conditions of your employment as set forth in the Employment Agreement shall remain in effect and unchanged.


Please sign below to indicate your acceptance of these amended terms and conditions of employment.


Sincerely,




/s/ Charles McKhann            
Charles McKhann
Chief Executive Officer and President




Understood, Accepted and Agreed To:




/s/ Stefanie Cavanaugh                    7/19/2021            
Stefanie Cavanaugh                    Date
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM THE REGISTRANT'S CONSOLIDATED BALANCE
SHEET AND CONSOLIDATED STATEMENT OF OPERATIONS FOR THE
SIX MONTHS ENDED SEPTEMBER 30, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-2001
<PERIOD-END>                               SEP-30-2000
<CASH>                                           2,828
<SECURITIES>                                         0
<RECEIVABLES>                                   18,842
<ALLOWANCES>                                       110
<INVENTORY>                                     11,774
<CURRENT-ASSETS>                                36,250
<PP&E>                                          26,665
<DEPRECIATION>                                  17,830
<TOTAL-ASSETS>                                  50,775
<CURRENT-LIABILITIES>                           11,686
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            31
<OTHER-SE>                                      34,278
<TOTAL-LIABILITY-AND-EQUITY>                    50,775
<SALES>                                         27,970
<TOTAL-REVENUES>                                28,224
<CGS>                                           19,840
<TOTAL-COSTS>                                   19,840
<OTHER-EXPENSES>                                 8,200
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 107
<INCOME-PRETAX>                                     77
<INCOME-TAX>                                        31
<INCOME-CONTINUING>                                 46
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        46
<EPS-BASIC>                                       0.02
<EPS-DILUTED>                                     0.02


</TABLE>
#### STATE of Louisiana v. Nick S. KARNO.

No. 60374.

Supreme Court of Louisiana.

Sept. 28, 1977.

In re: State of Louisiana applying for writ of certiorari.

Writ denied. There was no abuse of discretion in the ruling of the trial judge.

DIXON, J.,

dissents from the denial and would grant.
<PAGE>

            AMENDMENT TO THE MARKETING AND FACILITATION AGREEMENT


     This Amendement dated as of September 23, 1998 between Pro-Fac Cooperative,
("Pro-Fac") and Agrilink Foods, Inc. ("Agrilink").

     WHEREAS, Pro-Fac entered into the Marketing and Facilitation Agreement (the
"Agreement"), dated November 3, 1994 with Curtice-Burns Foods, Inc., and

     WHEREAS, Curtice-Burns Foods, Inc. amended its Certificate of Incorporation
to change its name to Agrilink, and

     WHEREAS, Pro-Fac and Agrilink are now desirous of amending the Agreement,
it is agreed as follows:

     1.  Section 7 of the Agreement is hereby amended to read as follows:

         7.   Borrowings by Pro-Fac. Agrilink shall to the extent requested by
Pro-Fac lend to Pro-Fac funds for use as Pro-Fac Working Capital in amounts
not exceeding $40,000,000 at any time outstanding, on which Pro-Fac shall pay
the interest to Agrilink at the same rate paid by Agrilink for seasonal
financing. Pro-Fac shall for a period of not less than 15 consecutive days
during each fiscal year repay the entire amount of Pro-Fac Working Capital.

     2.  Section 25 of the Agreement is hereby amended to read as follows:

         25.  Term. This agreement shall remain in effect until terminated by
the parties; provided, however, this agreement shall not be terminated so long
as either (a) any indebtedness remains outstanding under the Senior Subordinated
Credit Agreement (the "Credit Agreement") dated September 23, 1998 by and among
Agrilink, Pro-Fac, other Guarantors (as defined in the Credit Agreement),
Warburg Dillon Read LLC, UBS AG, Stamford Branch, and the Lenders (as defined in
the Credit Agreement) or (b) any indebtedness remains outstanding pertaining to
the Refinancing Securities (as defined in the Credit Agreement).

         IN WITNESS WHEREOF, the parties have each caused this Amendment to be
entered into and executed as of the date first above written.


<TABLE>
<S>                                                 <C>
PRO-FAC COOPERATIVE, INC.                           AGRILINK FOODS, INC.
By:     /s/ Earl L. Powers                          By:    /s/ Dennis M. Mullen
        ------------------                                  -------------------
Title:  Vice-President                              Title: President and CEO
        -----------------                                  -------------------
</TABLE>


<PAGE>
#### Jules TROP and Diane Trop, Appellants, v. CHARLES M. NICHOLS BUILDERS, INC., a Florida corporation, Appellee.

No. 71-62.

District Court of Appeal of Florida, Third District.

April 6, 1971.

PER CURIAM.

Affirmed.
<TABLE> <S> <C>


<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           3,027
<SECURITIES>                                         0
<RECEIVABLES>                                   68,884
<ALLOWANCES>                                     1,300
<INVENTORY>                                          0
<CURRENT-ASSETS>                                94,632
<PP&E>                                          15,740
<DEPRECIATION>                                   9,748
<TOTAL-ASSETS>                                 437,700
<CURRENT-LIABILITIES>                           61,806
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     104,710
<TOTAL-LIABILITY-AND-EQUITY>                   437,700
<SALES>                                        183,136
<TOTAL-REVENUES>                               183,136
<CGS>                                          148,906
<TOTAL-COSTS>                                  148,906
<OTHER-EXPENSES>                                 (119)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              20,775
<INCOME-PRETAX>                                 13,574
<INCOME-TAX>                                     8,986
<INCOME-CONTINUING>                              4,588
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (6,678)
<CHANGES>                                            0
<NET-INCOME>                                   (2,090)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0


</TABLE>
EXHIBIT 32

       CERTIFICATION REQUIRED BY 18 U.S.C.SS.1350, AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of Decorator Industries, Inc. ("the
Company") on Form 10-Q for the quarterly period ended September 29, 2007, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), we, William A. Bassett, Chief Executive Officer of the Company, and
Michael K. Solomon, 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.



Date: November 13, 2007         By: /s/  William A. Bassett
                                    -----------------------
                                         William A. Bassett,
                                         Chief Executive Officer

Date: November 13, 2007         By: /s/  Michael K. Solomon
                                    -----------------------

                                         Michael K. Solomon,
                                         Chief Financial Officer
[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Notices]
[Pages 67878-67879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33798]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration
[Docket No. 97N-0022]


Agency Information Collection Activities; Announcement of OMB 
Approval

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled ``Agreement for Shipment of Devices 
for Sterilization'' has been approved by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995 (the PRA).

FOR FURTHER INFORMATION CONTACT: Margaret R. Schlosburg, Office of 
Information Resources Management (HFA-250), Food and Drug 
Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-1223.

SUPPLEMENTARY INFORMATION: In the Federal Register of September 4, 1997 
(62 FR 46744), the agency announced

[[Page 67879]]

that the proposed information collection had been submitted to OMB for 
review and clearance under section 3507 of the PRA (44 U.S.C. 3507). An 
agency may not conduct
or sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. 
OMB has now approved the information collection and has assigned OMB 
control number 0910-0131. The approval expires on November 30, 2000.

    Dated: December 18, 1997.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 97-33798 Filed 12-29-97; 8:45 am]
BILLING CODE 4160-01-F
WEX 2013.12.31 EX 10.23




Exhibit 10.23


2013 International Annual Grant Long-Term Incentive Program 


Award Date: 


March 15, 2013


Unit Allocation Ratio: 


	
			
	Wright Express 
Job Category
	PSUs
	RSUs

	All Levels
	60%
	40%

	New Hire
	varies
	varies






PSU = Performance Based Restricted Stock Units
RSU = Restricted Stock Unit


Vesting Schedule:


The award vests at a rate of one third each year over a 3-year period beginning on the first anniversary of the award date.


Performance-Based Restricted Stock Unit Calculations: 


The number of PSUs vesting under this 2013 International Annual Grant Program is based on the following: 


	
										
	 
	Payout %(1)(4)
	EBIT (40%) (2)
	PPG Adj Revenue 
(60%)(3)

	 
	 
	Perf Level(3)
	$(,000)
	Perf Level(3)
	$(,000)

	Threshold
	25%
	80.0%
	$
	15,368
	

	85.0%
	$
	76,318
	


	 
	50%
	90.0%
	$
	17,289
	

	92.5%
	$
	83,052
	


	Target
	100%
	100.0%
	$
	19,210
	

	100.0%
	$
	89,786
	


	 
	125%
	101.5%
	$
	19,499
	

	101.0%
	$
	90,684
	


	Target/Max
	150%
	103.0%
	$
	19,787
	

	101.5%
	$
	91,133
	


	 
	175%
	105.0%
	$
	20,171
	

	102.5%
	$
	92,031
	


	Max
	200%
	107.0%
	$
	20,555
	

	103.5%
	$
	92,929
	







		
	(1) 
	Threshold ANI performance must be achieved for any PSUs to vest. 


		
	(2) 
	EBIT means International Business Unit Earnings before Interest and Taxes and any Allocations of Corporate Expenses to the Business Unit and shall be calculated consistently with Corporate Adjusted Net Income as reported in the Corporation’s Form 10-K filing reporting the Corporation’s results for 2013 and may be adjusted to exclude the following items (if any): losses from discontinued operations, the cumulative effects of changes in Generally Accepted Accounting Principles, any one-time charge or dilution resulting from any acquisition or divestiture, the effect of changes to our effective federal or state tax rates, extraordinary items of loss or expense, and any other unusual or nonrecurring items of loss or expense, including restructuring charges.  Interest means interest related to the senior credit facility.  This calculation does not  exclude Operating Interest as reported on the income statement.  The Compensation Committee may exercise discretion to include all or part of an item of loss or expense.  









		
	(3) 
	PPG Adjusted Revenue is reported 2013 Revenue for the  International  Business Unit adjusted for the difference between reported 203 2 PPG and Board-approved budgeted 2013  PPG of A$1.43 (per liter) Australian. 


		
	(4) 
	Shares granted are ratable between payout levels.
**EXHIBIT 32.2**

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

      In connection with the Annual Report on Form 10-K for the year ended December 31, 2004 of Transatlantic Holdings, Inc. (the “Company”), as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Steven S. Skalicky, Executive Vice President and Chief Financial Officer 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, that to my knowledge:

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

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

|                                                                                          |      | /s/ STEVEN S. SKALICKY                                                |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------|-----------------------------------------------------------------------|
|                                                                                          |      | Steven S. SkalickyExecutive Vice Presidentand Chief Financial Officer |
| Date: March 15, 2005                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |                     |                                                                  |

            The foregoing is being furnished solely pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and is not being filed as part of this Annual Report on Form 10-K or as a separate disclosure document.
#### Janies FERGUSON, Petitioner, v. Elizabeth Lee LITTLE, a minor, etc., Respondent.

No. 42933.

Supreme Court of Florida.

Jan. 11, 1973.

Rehearing Denied Feb. 28, 1973.

Certiorari denied. 266 So.2d 363.

CARLTON, C. J., and ROBERTS, ERVIN, ADKINS and DEKLE, JJ., concur.
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSIO 

) 

In the Matter of ) 

1 

CHICAGO BRIDGE & IRON COMPANY N.V. ) 

a foreign corporation, ) Docket No. 9300 

1 

CHICAGO BRIDGE & IRON COMPANY ) 

a corporation, 1 PUBLIC I 

) 

PITT-DES MOINES, INC., 1 

a corporation. 1 

RESPONDENTS' MOTION FOR CLARIFICATION OR, 

IN THE ALTERNATIVE, FOR A STAY 

~es~ondentsl move for clarification of the Order entered December 21, 2004 or in the 

alternative a stay pursuant to 15 U.S.C. § 45(g)(2). 

I. 

INTRODUCTION 

Section 5(g)(4) of the FTC Act automatically stays the divestiture provisions of the Order 

pending resolution of Respondents' appeal. The Commission's Order includes a provision 

requiring CB&I to create a "divestiture package" of assets by dividing its Industrial Division into 

two separate entities, one of which would then be sold.2 Because Respondents intend to petition 

a court of appeals for review of the Order and the Opinion on which the Order is based, 

Respondents respectfully request that the Commission confirm that those provisions of the Order 

requiring CB&I to create two separate entities, New PDM and New CB&I, are divestiture 

Respondents Chicago Bridge & Iron Company N.V. and Chicago Bridge & Iron Company are 

referred to herein collectively as "Respondents" or "CB&I." 

2 See, e.g., Op. at 94.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-1049

BAHMAN KHODARAHM ABADIAN,

Petitioner - Appellant,

v.

COMMISSIONER OF INTERNAL REVENUE,

Respondent - Appellee.

Appeal from the United States Tax Court.

(Tax Ct. No. 09-7184)

Submitted: November 30, 2010 Decided: December 3, 2010

Before WILKINSON, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Bahman Khodarahm Abadian, Appellant Pro Se. Laurie Allyn 

Snyder, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Bahman Khodarahm Abadian appeals the tax court’s order 

sustaining the Commissioner’s determination of a deficiency and 

addition to tax with respect to Abadian’s 2006 federal income 

tax liability. We have reviewed the record and find no 

reversible error. Accordingly, we affirm for the reasons stated 

by the tax court. Abadian v. Comm’r of Internal Revenue, Tax 

Ct. No. 09-7184 (U.S. Tax Ct. Nov. 2, 2009). We dispense with 

oral argument because the facts and legal contentions are 

adequately presented in the materials before the court and 

argument would not aid the decisional process.

AFFIRMED
[Federal Register Volume 62, Number 246 (Tuesday, December 23, 1997)]
[Notices]
[Pages 67073-67074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33460]


-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank

[[Page 67074]]

indicated. The application also will be available for inspection at the 
offices of the Board of Governors. Interested persons may express their 
views in writing on the standards enumerated in the BHC Act (12 U.S.C. 
1842(c)). If the proposal also involves the acquisition of a nonbanking 
company, the review also includes whether the acquisition of the 
nonbanking company complies with the standards in section 4 of the BHC 
Act. Unless otherwise noted, nonbanking activities will be conducted 
throughout the United States.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than January 16, 1998.
    A. Federal Reserve Bank of Atlanta (Lois Berthaume, Vice President) 
104 Marietta Street, N.W., Atlanta, Georgia 30303-2713:
    1. Buckhead Community Bancorp, Inc., Atlanta, Georgia; to become a 
bank holding company by acquiring 100 percent of the voting shares of 
The Buckhead Community Bank, N.A., Atlanta, Georgia (in organization).

    Board of Governors of the Federal Reserve System, December 18, 
1997.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 97-33460 Filed 12-22-97; 8:45 am]
BILLING CODE 6210-01-F