alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit1028-CashBonusPlanDescription


Exhibit 10.28




 
Written Description of 
SunEdison, Inc. Cash Incentive Plan 
Covering Executive Officers 
 
SunEdison, Inc. ("SunEdison" or the "Company") maintains a cash incentive plan that covers the Chief Executive Officer and the Company's other executive officers. Under current practice, the Compensation Committee (the "Committee") makes annual cash awards under the plan to executive officers to recognize and reward Company and individual performance. 
For each participant, the Committee establishes threshold, target and maximum bonus levels that are defined as a percentage of the participant's base salary. The “threshold” level of performance for a particular performance goal represents the lowest level of performance for which any bonus would be earned on that performance goal. The "maximum" level of performance represents the level for which the maximum bonus would be earned for that particular goal, and the "target" represents the target level of performance. The actual bonus, if any, attributable to each performance goal is calculated based on the actual performance compared to these “threshold," "target" and "maximum" performance levels. The "threshold," "target" and "maximum" levels for each category of executives under the plan are generally as follows: 
 


	
				
	 
	 
	 
	 

	 
	Threshold 
 
	Target 
 
	Max 
 

	CEO
	63%
	125%
	250%

	EVP
	38%
	75%
	150%

	SVP
	30%
	60%
	120%

	VP
	     15-20%
	30-40%
	50-80%




The plan has two main components: a Company milestone component and a personal goal component.  The Company-based and personal performance metrics account for varying levels of the total potential award under the 2012 short term incentive plan as follows: 
 


	
			
	 
	 
	 

	 
	Company Metrics 
 
	Personal Metrics 
 

	CEO,
	80%
	20%

	EVP, SVP
	80%
	20%

	VP
	60%
	40%






 
 
As a result, the bonus paid to the CEO, if any, is 80% tied to Company metrics.  The Company's executive officer s have a number of quarterly, semi-annual and/or annual performance objectives including those tied to the Company's financial performance, along with a number of individual performance and financial objectives applicable to each executive officer's functional area. These objectives are reviewed and approved by the Committee on an annual basis. Based on the achievement against these performance objectives, the executive officers are entitled to receive cash awards, which are generally paid on an annual basis.  


The plan is non-contractual.  The Company maintains the right to terminate or amend the cash incentive plan at any time.
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              Oct-31-1998
<PERIOD-START>                                 May-1-1998
<PERIOD-END>                                   Jul-31-1998
<CASH>                                         77,854
<SECURITIES>                                   0
<RECEIVABLES>                                  352,515
<ALLOWANCES>                                   21,303
<INVENTORY>                                    203,844
<CURRENT-ASSETS>                               723,889
<PP&E>                                         147,287
<DEPRECIATION>                                 134,520
<TOTAL-ASSETS>                                 841,102
<CURRENT-LIABILITIES>                          706,477
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       171,976
<OTHER-SE>                                     (46,726)
<TOTAL-LIABILITY-AND-EQUITY>                   841,102
<SALES>                                        1,979,639
<TOTAL-REVENUES>                               2,001,455
<CGS>                                          1,466,692
<TOTAL-COSTS>                                  1,466,692
<OTHER-EXPENSES>                               870,366
<LOSS-PROVISION>                               4,500
<INTEREST-EXPENSE>                             1,953
<INCOME-PRETAX>                                (342,756)
<INCOME-TAX>                                   700
<INCOME-CONTINUING>                            (342,756)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (342,756)
<EPS-PRIMARY>                                  (.21)
<EPS-DILUTED>                                  (.21)
        


</TABLE>
#### Tshambe T. BLAKE, Plaintiff-Appellant, v. Joseph LEHMAN; et al., Defendants-Appellees.

No. 02-35097.

D.C. No. CV-01-05119-FDB.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 12, 2002.*

Decided Aug. 19, 2002.

Before SCHROEDER, Chief Judge, TASHIMA and RAWLINSON, Circuit Judges.

*

 Because the panel unanimously finds this case suitable for decision without oral argument, Blake's request for oral argument is denied. See Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Tshambe T. Blake, a Washington state prisoner, appeals pro se the district court’s *862summary judgment in favor of defendants in his 42 U.S.C. § 1988 action challenging prison regulations that restrict his ability to receive catalogs containing sexually explicit depictions. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, *Frost v. Symington,*197 F.3d 348, 353 (9th Cir.1999), and we affirm.

The district court properly granted summary judgment on Blake’s First Amendment claim because Blake failed to raise a genuine issue of material fact as to whether the prison regulations were rationally related to legitimate penological objectives. *See Mauro v. Arpaio,*188 F.3d 1054, 1060 (9th Cir.1999) (en banc).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Notices]
[Pages 8744-8745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4759]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Care Financing Administration
[Document Identifier: HCFA-855]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

AGENCY: Health Care Financing Administration, HHS.
    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the Health Care Financing Administration (HCFA), 
Department of Health and Human Services, has submitted to the Office of 
Management and Budget (OMB) the following proposals for the collection 
of information. Interested persons are invited to send comments 
regarding the burden estimate or any other aspect of this collection of 
information, including any of the following subjects: (1) The necessity 
and utility of the proposed information collection for the proper 
performance of the agency's functions; (2) the accuracy of the 
estimated burden; (3) ways to enhance the quality, utility, and clarity 
of the information to

[[Page 8745]]

be collected; and (4) the use of automated collection techniques or 
other forms of information technology to minimize the information 
collection burden.
    1. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Medicare 
Provider/Supplier Enrollment Application; Form No.: HCFA-855; Use: This 
information is needed to enroll providers/suppliers by identifying 
them, verifying their qualifications and eligibility to participate in 
Medicare, and to price and pay their claims; Frequency: Other (Initial 
Application/recertification); Affected Public: Business or other for 
profit, not for profit institutions, and federal government; Number of 
Respondents: 165,000; Total Annual Responses: 165,000; Total Annual 
Hours: 370,000.
    To obtain copies of the supporting statement and any related forms, 
E-mail your request, including your address and phone number, to 
P<a href="/cdn-cgi/l/email-protection#88e9f8edfaffe7fae3c8e0ebeee9a6efe7fe"><span class="__cf_email__" data-cfemail="6504150017120a170e250d0603044b020a13">[email protected]</span></a>, or call the Reports Clearance Office on (410) 786-
1326. Written comments and recommendations for the proposed information 
collections should be sent within 30 days of this notice directly to 
the OMB Desk Officer designated at the following address: OMB Human 
Resources and Housing Branch, Attention: Allison Eydt, New Executive 
Office Building, Room 10235, Washington, DC 20503.

    Dated: February 21, 1997.
Edwin J. Glatzel,
Director, Management Analysis and Planning Staff, Office of Financial 
and Human Resources, Health Care Financing Administration.
[FR Doc. 97-4759 Filed 2-25-97; 8:45 am]
BILLING CODE 4126-03-P


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<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 DEC-31-1998
<PERIOD-END>                                   MAR-31-1999
<CASH>                                               1,331
<SECURITIES>                                             0
<RECEIVABLES>                                       47,851
<ALLOWANCES>                                         1,300
<INVENTORY>                                         61,021
<CURRENT-ASSETS>                                   116,775
<PP&E>                                              37,356
<DEPRECIATION>                                      20,330
<TOTAL-ASSETS>                                     180,012
<CURRENT-LIABILITIES>                               51,262
<BONDS>                                             63,591
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                            10,000
<OTHER-SE>                                          46,545
<TOTAL-LIABILITY-AND-EQUITY>                       180,012
<SALES>                                             61,756
<TOTAL-REVENUES>                                    61,756
<CGS>                                               27,774
<TOTAL-COSTS>                                       61,669
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   1,211
<INCOME-PRETAX>                                        610
<INCOME-TAX>                                           244
<INCOME-CONTINUING>                                    366
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                           366
<EPS-PRIMARY>                                          .05
<EPS-DILUTED>                                          .05
        


</TABLE>
CERTIFICATION 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 World Ventures Inc. (the "Company") on Form
20-F for the year ended October 31, 2008, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Stewart Jackson, Chief
Executive 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, to the
best of my knowledge:




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: May
20, 2009




/s/
      Stewart JacksonName:
      Stewart JacksonTitle:
      President and Chief Executive
Officer
1The Honorable Howard F. Sachs, United States District Judge for the Western

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 00-1659

___________

United States of America, *

*

Appellee, *

* On Appeal from the United States

v. * District Court for the

* Western District of Missouri.

Oscar L. Ventura, *

* [Not to be published]

Appellant. *

___________

 Submitted: August 1, 2000

 Filed: August 14, 2000

___________

Before McMILLIAN, RICHARD S. ARNOLD, and HANSEN, Circuit Judges.

___________

PER CURIAM.

Oscar Ventura pleaded guilty to distributing and attempting to distribute cocaine,

in violation of 21 U.S.C. § 841(a)(1). The District Court1 sentenced him to three-anda-half years (forty-two months) imprisonment, and three years supervised release. On

appeal, his counsel has filed a brief and moved to withdraw pursuant to Anders v.

California, 386 U.S. 738 (1967), and with our permission, Ventura has filed a pro se

supplemental brief.
-2-

Counsel argues that the District Court should have granted a requested

downward departure, premised on Ventura’s voluntary consent to deportation. Counsel

acknowledges that the issue is unreviewable because the Court was aware of its

authority to depart from the Guidelines and discretionarily declined to grant the

departure, and we agree. See United States v. Turechek, 138 F.3d 1226, 1228 (8th Cir.

1998).

Ventura argues that the District Court should have granted a downward

departure for a reason that was never raised below: disadvantages he suffers due to his

status as a deportable alien. We conclude that the Court did not plainly err in failing

to grant a departure on this unrequested basis. See United States v. Montanye, 996

F.2d 190, 192 (8th Cir. 1993) (en banc) (standard of review).

Ventura also contends that he was entitled to a lower sentence under the safetyvalve provisions, 18 U.S.C. § 3553(f) and U.S. Sentencing Guidelines Manual § 5C1.2

(1998), but these provisions do not apply to him because he was not sentenced pursuant

to a statutory minimum. Finally, although Ventura argues that he received ineffective

assistance of counsel, his complaints about his counsel’s performance should be

presented in 28 U.S.C. § 2255 proceedings. See United States v. Martin, 59 F.3d 767,

771 (8th Cir. 1995).

We have reviewed the record independently pursuant to Penson v. Ohio, 488

U.S. 75 (1988), and we have found no nonfrivolous issues. Accordingly, we affirm,

and we grant counsel’s motion to withdraw. We also deny Ventura’s motion for

appointment of new counsel.
-3-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
[Federal Register Volume 62, Number 33 (Wednesday, February 19, 1997)]
[Notices]
[Pages 7490-7491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4025]


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

SMALL BUSINESS ADMINISTRATION
[Declaration of Disaster Loan Area #2924; Amendment #2]


Idaho; Declaration of Disaster Loan Area

    In accordance with a notice from the Federal Emergency Management 
Agency, dated January 31, 1997, the above-numbered Declaration is 
hereby amended to establish the incident period for this disaster as 
beginning on November 16, 1996 and continuing through January 3, 1997.
    All other information remains the same, i.e., the termination date 
for filing applications for physical damage is

[[Page 7491]]

March 5, 1997, and for loans for economic injury the deadline is 
October 6, 1997.

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 
59008.)

    Dated: February 10, 1997.
Bernard Kulik,
Associate Administrator for Disaster Assistance.
[FR Doc. 97-4025 Filed 2-18-97; 8:45 am]
BILLING CODE 8025-01-P
**Exhibit
      32.1**




**SECTION
      906 CERTIFICATION***


**(Certification
      of Chief Executive Officer and Chief Financial Officer)**




Pursuant
      to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of
      2002, the undersigned officers of WindsorTech, Inc. hereby certify, to such
      officers’ knowledge, that:




(1)
      the
      accompanying Quarterly Report on Form 10-QSB of WindsorTech, Inc. (the
“Company”) for the period ended June 30, 2005 (the “Report”) fully complies with
      the with the requirements of Section 13(a) or Section 15(d), as applicable,
      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.




Date:
                August 11, 2005
            
            /s/
                Marc ShermanMarc
                Sherman
              Chairman
                of the Board and
              Chief
                Executive OfficerDate:
                August 11, 2005
            
            /s/
                Edward L. CummingsEdward
                L. Cummings
              Chief
                Financial Officer


__________________


*
      The
      foregoing certification is being furnished solely to accompany the Report
      pursuant to 18 U.S.C. § 1350, and is not being filed for purposes of Section 18
      of the Securities Exchange Act of 1934, as amended, and is not to be
      incorporated by reference into any filing of the Company, whether made before
      or
      after the date hereof, regardless of any general incorporation language in
      such
      filing.





A
      signed
      original of this written statement required by Section 906 of the Sarbanes-Oxley
      Act of 2002 has been provided to the Company and will be retained by the Company
      and furnished to the Securities and Exchange Commission or its staff upon
      request.
[Federal Register Volume 62, Number 39 (Thursday, February 27, 1997)]
[Notices]
[Page 8925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4799]


=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the Arizona Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights, that a meeting of 
the Arizona Advisory Committee to the Commission will convene at 10:00 
a.m. and adjourn at 5:00 p.m. on Friday, March 14, 1997, at the U.S. 
District Court Building, 7th Floor Hearing Room, 230 North First 
Avenue, Phoenix, Arizona 85025. The purpose of the meeting is to hold a 
factfinding forum on employment.
    Persons desiring additional information, or planning a presentation 
to the Committee, should contact Committee Chairperson Manuel Pena, 
602-254-3407, or Philip Montez, Director of the Western Regional 
Office, 213-894-3437 (TDD 213-894-3435). Hearing-impaired persons who 
will attend the meeting and require the services of a sign language 
interpreter should contact the Regional Office at least five (5) 
working days before the scheduled date of the meeting.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission.

    Dated at Washington, DC, February 14, 1997.
Carol-Lee Hurley,
Chief, Regional Programs Coordination Unit.
[FR Doc. 97-4799 Filed 2-26-97; 8:45 am]
BILLING CODE 6335-01-P
<PAGE>   1
                                                                    EXHIBIT 99.1




CONTACT: Brian Carney                           Investor Relations:
         Executive Vice President, CFO          Naomi Rosenfeld/Carolyn Capaccio
         Jo-Ann Stores, Inc.                    Michele Loguidice
         330/656-2600                           Press:  Stacy Berns/Stacy Roth
         http://www.joann.com                   Morgen-Walke Associates
                                                212/850-5600


FOR IMMEDIATE RELEASE
---------------------

                            JO-ANN STORES COMMENTS ON
                         EXPECTED FOURTH QUARTER RESULTS


         HUDSON, OH, December 2, 1999--Jo-Ann Stores, Inc. (NYSE: JAS.A and
JAS.B) today announced that quarter to date net comparable store sales, while
increasing at a low single digit rate over the prior year, are well below the
Company's expectations. In particular, comparable store sales rates during the
Friday and Saturday of Thanksgiving weekend declined versus the prior year. The
Company attributes the shortfall of this weekend to the adoption of a less
promotional stance than last year, which management had believed would have been
more than offset by a much improved in-stock position this year than in the
prior year.

         Although business trends in subsequent days have improved to stronger
levels, the Company currently anticipates that fourth quarter earnings, although
still expected to exceed last year's earnings of $1.08 per share, are likely to
fall short of analysts' current fourth quarter expectations. Fourth quarter
results remain heavily dependent upon the level of seasonal sales yet to be
realized during the month of December.

         Jo-Ann Stores, Inc. (http://www.joann.com), the leading national fabric
and craft retailer with locations in 49 states, operates 1,009 Jo-Ann Fabrics
and Crafts traditional stores and 42 Jo-Ann etc superstores.

         This press release contains certain forward-looking statements that are
subject to risks and uncertainties. The potential risks and uncertainties that
could cause actual results to differ materially from those expressed in the
forward-looking statements are discussed in the Company's Securities and
Exchange Commission filings.


                                       ###


                                   Page 21
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-2537
JACQUELINE REESE, Plaintiff - Appellant, versus NEW YORK LIFE INSURANCE COMPANY, Defendant - Appellee.
Appeal from the United States District Court for the District ofMaryland, at Baltimore. Frederic N. Smalkin, District Judge. (CA95-3487-S) Submitted: April 8, 1997 Decided: May 15, 1997 Before HAMILTON, LUTTIG, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion.Jacqueline Reese, Appellant Pro Se. Gregory Lee VanGeison, ANDERSON, COE & KING, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order granting summary judgment to the Appellee in this diversity action alleging breach of a disability insurance contract. We have reviewed the record andthe district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Reese v. New York Life Ins. Co. , No. CA-95-3487-S (D. Md., Sep. 24, 1996).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