alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.37.1
AMENDMENT TO SPECIAL SEVERANCE PROGRAM 
FOR OFFICERS OF NORTHEAST UTILITIES SYSTEM COMPANIES

The definition of "Termination upon a Change of Control" set forth in Article 
II of the Special Severance Program for Officers of Northeast Utilities 
System Companies is amended to read in its entirety as follows, effective 
February 23, 1999:

"Termination upon a Change of Control" of a Participant shall mean a 
Termination of Employment during the period beginning on the earlier of (a) 
approval by the shareholders of Northeast Utilities of a Change of Control or 
(b) consummation of a Change of Control and, in either case, ending on the 
second anniversary of the consummation of the transaction that constitutes 
the Change of Control (or if such period started on shareholder approval and 
after such shareholder approval the Board abandons the transaction, on the 
date the Board abandoned the transaction) either:

(i)  initiated by the Company for any reason other than (w) Disability, (x) 
death, (y) retirement on or after attaining age 65, or (z) Cause, or 

(ii) initiated by the Participant (A) upon any significant reduction by the 
Company of the authority, duties or responsibilities of Participant, any 
reduction of the Participant's compensation or benefits other than a 
reduction applicable to all employees generally, or the assignment to 
Participant of duties which are materially inconsistent with the duties of 
Participant's position with the Company, or (B) if Participant is 
transferred, without Participant's written consent, to a location that is 
more than 50 miles from Participant's principal place of business immediately 
preceding such approval or consummation.

Approved in accordance with resolutions of the Board of Trustees of Northeast 
Utilities adopted on February 23, 1999.


Cheryl W. Grise
Senior Vice President, Secretary and General Counsel


I waive the two-year notice period of a change to the Special Severance 
Program provided for in Section VIII(a) thereof:

Name:
Date:
<PAGE>

                                                                   EXHIBIT 10.40

                           [LETTERHEAD OF BANK EXIM]


                                $25,000,000.00

                                BANK GUARANTEE
                                --------------
                              NO. **9/****-**/*/**


CURRENCY       :UNITED STATES DOLLARS
AMOUNT         :US$ 25,000,000.00 (US DOLLARS TWENTY FIVE MILLION)
ISSUED AT      :JAKARTA-INDONESIA
ISSUED DATE    :OCTOBER 21, 1998
MATURITY DATE  :OCTOBER 21, 2000

FOR VALUE RECEIVED, WE THE UNDERSIGNED, PT. BANK EKSPOR IMPOR INDONESIA
(PERSERO) JAKARTA PLAZA EXIM BRANCH, JL. JEND. GATOT SUBROTO KAV. 36-38
INDONESIA, HEREBY ISSUE OUR IRREVOCABLE, UNCONDITIONAL, TRANSFERABLE DIVISIBLE
AND WITHOUT PROTEST OR NOTIFICATION PROMISE TO PAY AGAINST THIS BANK GUARANTEE
TO THE ORDER OF **** **** THE BEARER OR HOLDER THERE OF WILL BE PAID AT MATURITY
OCTOBER 21, 1998 TO OCTOBER 21, 2000 THE SUM OF US$ 25,000,000.00 (US DOLLARS
TWENTY FIVE MILLION) IN THE LAWFUL CURRENCY OF THE UNITED STATES OF AMERICA.

UPON PRESENTATION AND SURRENDER OF THIS BANK GUARANTEE AT THE OFFICE OF PT. BANK
EKSPOR IMPOR INDONESIA (PERSERO), PLAZA EXIM BRANCH JL. JEND. GATOT SUBROTO
KAV. 36-38 JAKARTA-INDONESIA SUCH PAYMENT SHALL BE MADE WITHOUT SET OFF AND
CLEAR OFF ANY DEDUCTIONS OR CHARGES, FEES OR DEDUCTION OR WITHHOLDING OF ANY
NATURE NOW OR HEREAFTER IMPOSED OR LEVIED, COLLECTED, WITHHELD OR ASSESSED BY
THE GOVERNMENT OF REPUBLIC OF INDONESIA, OR ANY POLITICAL SUBDIVISION OR
AUTHORITY THEREOF THEREIN.

THIS GUARANTEE IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY
SECURITIES (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NUMBER
ICC 500.

FOR AND ON BEHALF OF
PT. BANK EKSPOR IMPOR (PERSERO)
   JAKARTA PLAZA EXIM BRANCH


           [SEAL]


/s/ ****               /s/ ****
-----------------      ----------------
     B.43.8                 B.64.1



ENDORSEMENT BANK INDONESIA
           [SEAL]


/s/ ****
---------------------------
**EXHIBIT 32**

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

Pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in connection with the filing of the Professional Veterinary Products, Ltd. Form 10-Q (the “Report”) for the quarter ended April 30, 2007, each of the undersigned hereby certifies that:

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 Professional Veterinary Products, Ltd.

A signed original of this written statement required by Section 906 has been provided to Professional Veterinary Products, Ltd. and will be retained by Professional Veterinary Products, Ltd. and furnished to the SEC or its staff upon request.

 

| /s/ Dr. Lionel L. Reilly | June 13, 2007                                                                                                                                                                                                        |
|-------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Dr. Lionel L. Reilly     |  
President/Chief Executive Officer

 
 

/s/ Neal B. Soderquist

June 13, 2007

Neal B. Soderquist

 
Chief Financial Officer and Vice President

 
 

 

 

 

  |
#### Melvyn N. ZOBLER, Appellant, v. ACME GAS CORP., Appellee.

No. 70-1156.

District Court of Appeal of Florida, Third District.

Feb. 10, 1971.

PER CURIAM.

Appeal dismissed.
# C_2011373EN.01001001.xml

| 21.12.2011 | EN | Official Journal of the European Union | C 373/10 |
| --- | --- | --- | --- |

21.12.2011

EN

Official Journal of the European Union

C 373/10

---

New national side of euro coins intended for circulation

2011/C 373/06

Image

National side of the new commemorative 2-euro coin intended for circulation and issued by Luxembourg

National side of the new commemorative 2-euro coin intended for circulation and issued by Luxembourg

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the Community providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

1

2

Issuing country: Luxembourg

Subject of commemoration: The Grand-Duke Henri and the Grand-Duke Guillaume IV from the series ‘grand-ducal dynasty’

Description of the design: The coin depicts on the left hand of its inner part the effigy of His Royal Highness, the Grand-Duke Henri, looking to the right, and superimposed on the effigy of the Grand-Duke Guillaume IV, looking to the right. The text ‘GRANDS-DUCS DE LUXEMBOURG’ and the year-date ‘2012’, flanked by the mintmark and the initials of the Mintmaster, appear above the effigies on the inner part of the coin. In front of the effigies, the outline of the city of Luxembourg appears as background. The names ‘HENRI’ and ‘GUILLAUME IV’ as well as the text ‘† 1912’ are depicted below their respective effigies.

The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued: 1,4 million

Date of issue: January 2012

---

(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

1

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

2

---
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     Form 10-Q for the Quarterly Period Ending March 31, 1998
</LEGEND>
<CIK>                                          0000949091
<NAME>                                         Smart Choice Automotive Grp Inc
<MULTIPLIER>                                   1,000
       
<S>                                 <C>  
<PERIOD-TYPE>                       3-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   MAR-31-1998
<CASH>                                         2,394
<SECURITIES>                                   0
<RECEIVABLES>                                  54,311
<ALLOWANCES>                                   8,493
<INVENTORY>                                    17,429
<CURRENT-ASSETS>                               65,641
<PP&E>                                         13,666
<DEPRECIATION>                                 4,540
<TOTAL-ASSETS>                                 104,893
<CURRENT-LIABILITIES>                          20,452
<BONDS>                                        72,060
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    1,492
<COMMON>                                       123
<OTHER-SE>                                     10,017
<TOTAL-LIABILITY-AND-EQUITY>                   104,893
<SALES>                                        38,659
<TOTAL-REVENUES>                               39,579
<CGS>                                          28,007
<TOTAL-COSTS>                                  7,980
<OTHER-EXPENSES>                               16
<LOSS-PROVISION>                               2,904
<INTEREST-EXPENSE>                             1,910
<INCOME-PRETAX>                                1,667
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            1,667
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   1,667
<EPS-PRIMARY>                                  0.15
<EPS-DILUTED>                                  0.14
        



</TABLE>
#### LAUDERDALE SIXTEEN CORPORATION, a Florida corporation, and Blanche Fey Sedam, Individually, Appellants, v. Frank A. ORLANDO and Jacqueline Orlando, his wife, Appellees.

No. 71-1045.

District Court of Appeal of Florida, Fourth District.

Oct. 25, 1972.

Appeal from Court of Record, Broward County; James McCauley, Judge.

Appeal dismissed.
260 La. 402

#### Marshall JONES v. NEW ORLEANS PUBLIC SERVICE, INC.

No. 52031.

Supreme Court of Louisiana.

Jan. 11, 1972.

In re: Marshall Jones applying for cer-tiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 254 So.2d 652.

Writ refused. On the facts found by the Court of Appeal we find no error of law in its judgment.

BARHAM, TATE and DIXON, JJ., are of the opinion the writ should be granted.
EXHIBIT 32.2

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

In connection with the Annual Report of MEMS USA, Inc. (the "Company") on Form
10-KSB for the period ended September 30, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), James A. Latty and
Richard W. York, Chief Executive Officer and Chief Financial Officer of the
Company, respectively, certify, pursuant to 18 U.S.C. ss.1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to their
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.

January 31, 2006

/s/
--------------------------------
James A. Latty,
Chief Executive Officer


January 31, 2006

/s/
--------------------------------
Richard W. York,
Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                       1,070,601
<INT-BEARING-DEPOSITS>                           5,018
<FED-FUNDS-SOLD>                             1,500,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  8,904,424
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                     26,364,652
<ALLOWANCE>                                    326,768
<TOTAL-ASSETS>                              39,707,166
<DEPOSITS>                                  33,123,432
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                            166,392
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       735,868
<OTHER-SE>                                   5,681,474
<TOTAL-LIABILITIES-AND-EQUITY>              39,707,166
<INTEREST-LOAN>                              1,077,015
<INTEREST-INVEST>                              312,096
<INTEREST-OTHER>                                18,688
<INTEREST-TOTAL>                             1,407,799
<INTEREST-DEPOSIT>                             658,501
<INTEREST-EXPENSE>                             661,109
<INTEREST-INCOME-NET>                          746,690
<LOAN-LOSSES>                                   69,668
<SECURITIES-GAINS>                             (23,170)
<EXPENSE-OTHER>                                721,852
<INCOME-PRETAX>                                 14,002
<INCOME-PRE-EXTRAORDINARY>                      14,002
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    12,187
<EPS-BASIC>                                        .02
<EPS-DILUTED>                                      .02
<YIELD-ACTUAL>                                    4.36
<LOANS-NON>                                         14
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               263,215
<CHARGE-OFFS>                                    6,115
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                              326,768
<ALLOWANCE-DOMESTIC>                           326,768
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
#### Levigne JERNIGAN, Appellant, v. The STATE of Florida, Appellee.

No. 67-892.

District Court of Appeal of Florida. Third District.

Aug. 13, 1968.

Rehearing Denied Oct. 8, 1968.

Robert L. Koeppel, Public Defender and Jeffrey Michael Cohen, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C. J., and PEARSON and HENDRY, JJ.

PER CURIAM.

Affirmed. See Simpson v. State, Fla.App.1964, 164 So.2d 224; Everett v. State, Fla.App. 1964, 161 So.2d 714; cf. King v. Wainwright, 368 F.2d 57 (5th Cir.1966).

HENDRY, Judge

(dissenting).

Defendant alleged, inter alia, that he was represented by ineffective or otherwise inadequate counsel and that counsel and the court failed to advise him that he had a right to appeal. He further alleged that he was insolvent at the time and unable to retain counsel to appeal from the judgment and life sentence imposed upon him.

Defendant’s motion was heard by one of the judges (not the trial judge) of the Criminal Court of Record for Dade County and was summarily denied. The court held that defendant was represented by counsel of his own choice at the time of the trial and further held that the other allegations contained in the motion did not constitute legal grounds for granting a new trial.

The record before us shows that on the fifth day after the robbery occurred, the defendant was informed against, arraigned, tried, convicted and sentenced to life imprisonment. The court had overruled counsel’s motion for continuance prior to trial.

From my consideration of appellant’s handwritten motion and the record before us, I am of the view that the trial court erred in denying appellant an evidentiary hearing on his motion. State v. Weeks, Fla.1964, 166 So.2d 892; Miller v. State, Fla.App.1967, 193 So.2d 647; Murray v. State, *67Fla.App.1966, 191 So.2d 292; Cannon v. State, Fla.App.1966, 181 So.2d 584; Hinton v. State, Fla.App.1965, 177 So.2d 522; Brooks v. State, Fla.App.1965, 176 So.2d 116; Henderson v. State, Fla.App.1965, 174 So.2d 73; Jackson v. State, Fla.App.1964, 166 So.2d 194.

I would reverse and remand for an evi-dentiary hearing.
**Exhibit 10.34**

** **

**AMENDMENT TOSEVERANCE PAY AND CHANGE IN CONTROL AGREEMENT**

 

# **HEALTHCARE INSURANCE**

## **David H. Straus**

 

This Amendment to Severance Pay and Change in Control Agreements datedas of June 25, 2002, is made by and between PACIFIC NORTHWEST BANCORP andits subsidiary, PACIFIC NORTHWEST BANK (individually and collectively referredto as “Company”), and the undersigned executive vice president of the Company (“Executive”), who agree as follows:

 

1.             TheSeverance Pay Agreement and the Change in Control Agreement  (individually and collectively, the“Severance/Change in Control Agreements”) previously entered into by Bank orits predecessor with Executive are hereby supplemented and amended to includethe following provision with respect to health care insurance coverage:

 

Inaddition to any Severance Pay and Change in Control payments due to Executivepursuant to the Severance/Change in Control Agreements, Company shall pay all premiums for the continuation of health carecoverage benefits to Executive and his or her covered spouse and dependentspursuant to the Consolidated Omnibus Budget Reconciliation Act (COBRA) for aperiod of up to eighteen (18) months after the termination of Executive’semployment with Company or its successor(including employment with any parent company or subsidiary under commoncontrol with Company or its successor) provided Executive was notterminated by such employer for cause (as defined in section 8.3 of theSeverance Pay Agreement and in section 4.4 of the Change in ControlAgreement between Company andExecutive) in the event that either: (a) a Change of Control, as definedin section 6.2 of the Severance Pay Agreement or a Change in Control, asdefined in section 3 of the Change in Control Agreement occurs andExecutive does not continue to be employed by Company or its successor(including employment with any parent company or subsidiary under commoncontrol with Company or its successor) for more than thirty (30) months afterthe closing of the transaction, or (b) upon the retirement of Executiveif, on the date of retirement, Executive is at least sixty (60) years of ageand has been employed by Company and/or itssuccessor (including employment with any parent company or subsidiary undercommon control with Company or its successor) for at least five (5)years.

 

2.             This agreement shall be binding upon the parties andtheir successors, heirs and assigns. This agreement shall be governed by thelaws of the State of Washington.

 

3.             This agreement may be executed in counterparts, all ofwhich together shall constitute one agreement.

 

4.             Exceptas expressly modified hereby, the terms and provisions of the Severance/Changein Control Agreements shall continue and remain in full force and effect.

 

IN WITNESS WHEREOF, the parties have executedthis agreement to be effective as of the date stated above.

 

1

----
**Exhibit 32.2**

 

CERTIFICATION OF CHIEF FINANCIAL OFFICER

 

I, Joseph J. Sum,Vice President and Chief Financial Officer of Continental Materials Corporation(“Company”), hereby certify, pursuant to Rule 15d-14(b) of the SecuritiesExchange Act of 1934, as amended, and Section 1350, of Chapter 63 of title 18of the United States Code that to my knowledge:

 

(1)                                  The Company’sAnnual Report on Form 10-K for the fiscal year ended January 3, 2004, to whichthis statement is filed as an exhibit (“Report”), fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,as amended; and

 

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

 

 
| Date:  April 1, 2004 |   |                                        |
|----------------------|--------|---------------------------------------------|
|                 |   |                                        |
|                 |   |                                        |
|                 | By:    | /s/  Joseph J. Sum                     |   |
|                 |   | Joseph  J. Sum                              |
|                 |   | Vice  President and Chief Financial Officer |

 

----
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                  9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                               8
<SECURITIES>                                         0
<RECEIVABLES>                                     1167
<ALLOWANCES>                                         0
<INVENTORY>                                       1124
<CURRENT-ASSETS>                                  2429
<PP&E>                                           10694
<DEPRECIATION>                                    5366
<TOTAL-ASSETS>                                    8865
<CURRENT-LIABILITIES>                             2469
<BONDS>                                           7000
<COMMON>                                            40
<PREFERRED-MANDATORY>                             8500
<PREFERRED>                                          0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                      8865
<SALES>                                          10022
<TOTAL-REVENUES>                                 10022
<CGS>                                             4198
<TOTAL-COSTS>                                     4198
<OTHER-EXPENSES>                                  5207
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 330
<INCOME-PRETAX>                                    659
<INCOME-TAX>                                       201
<INCOME-CONTINUING>                                458
<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                       (49)
<EPS-PRIMARY>                                      .00
<EPS-DILUTED>                                      .00
        

</TABLE>