alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.25

Summary of Director Compensation

All non-employee directors receive compensation as set forth below, in accordance with the compensation program for non-employee directors
approved by the Board of Directors on November 20, 2003, effective January 1, 2004:

|                                                         |  | Annual Payment |        | Per In-person Meeting |   | Per Telephonic Meeting
|-------------------------------------------------------- |  | -------------- | ------ | --------------------- | - | ----------------------
|Board Meetings                                           |  |                |        |                       |   |                       
|Vice Chairman of the Board and Lead Independent Director |  | $              | 45,000 |                       | $ | 2,500                 
|Directors                                                |  |                | 30,000 |                       |   | 1,500                 
|Audit Committee Meetings                                 |  |                |        |                       |   |                       
|Committee Chair                                          |  | $              | 10,000 |                       | $ | 2,000                 
|Committee Members                                        |  |                |       |                       |   | 1,500                 
|Other Committee Meetings                                 |  |                |        |                       |   |                       
|Committee Chair                                          |  | $              | 5,000  |                       | $ | 1,000                 
|Committee Members                                        |  |                |       |                       |   | 1,000                 

Patrick
J. Sullivan and Daniel J. Levangie, employee directors of our company, do not receive any compensation for services rendered as a director.

Our
non-employee directors are also eligible to participate in our 2004 Omnibus Stock Plan. Under the 2004 Omnibus Stock Plan, each non-employee director may be
granted stock options and opportunities to make direct purchases of stock and other equity interests in our company.

Upon
commencement of service as a director, each non-employee director receives an option to purchase up to 90,000 shares of our common stock, one-twelfth of
which vests each calendar quarter for three years. In addition, each non-employee director is entitled, under our Amended and Restated Director Compensation Method Plan, to receive payment
of the annual retainer fees for any calendar year either in cash or in shares of our common stock. Each non-employee director is also entitled to receive an annual stock award of 1,000
shares of our common stock. Lastly, each non-employee director is paid a cash fee for every meeting attended as set forth above. Each non-employee director may elect to defer
the payment of the annual retainer, annual stock award and meeting attendance fees.

---



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* Pursuant to 5 TH C IR

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

published and is not precedent except under the limit ed circumstances set forth in 5 TH Cir. R. 47.5.4.

1 Section 3553(a) directs the district court to consider various factors, in cluding § 7B1.4, in

deciding on the sentence. See 18 U.S.C. § 3553(a)(4)(B). UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

_________________

No. 98-50666

Summary Calendar

_________________

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

LUIS L SAIS, JR,

Defendant - Appellant.

Appeal from the United States District Court

for the Western District of Texas

(W-92-CR-26-2)

February 17, 1999

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Luis L. Sais, Jr., appeals the imposition of an eightee n-mo nt h sentence of imprisonment

following the revocation of his supervised release pursuant to 18 U.S.C. § 3583(e). He claims that

the district erred in the following ways: (1) not sentencing based on the guideline range appearing in

U.S.S.G. § 7B1.4; (2) not considering the g uideline range appearing in § 7B1.4 in deciding on a

sentence; and (3) imposing “too severe” a sentence as a result of not considering the factors listed

in 18 U.S.C. § 3553(a) “in a reasoned and deliberate way.” 1

None of Sais’ arguments are persuasive. The district court was not obligat ed t o base its

sentence on § 7B1.4. S ee United States v. Escamilla, 70 F.3d 835, 835 (5th Cir. 1995) (per curiam).2 We look to the plain error rule because Sais did not object to the lack of consideration of §

7B1.4 or to the sentence in district court. S ee United States v. Calverley, 37 F.3d 160, 162 (5th Cir.

1994) (en banc).

-2- Neither of the other claims warrants reversal pursuant to the plain error rule. 2 S ee United States v.

Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en banc). Even if we reached the merits of these

claims, we would not reverse. The record shows that the district implicitly considered § 7B1.4 (as

well as other factors listed in § 3553(a)). S ee United States v. Teran, 98 F.3d 831, 836 (5th Cir.

1996); United States v. Whitebird, 55 F.3d 1007, 1010 (5th Cir. 1995). The sentence did not exceed

the two-year statutory maximum and, therefore, was not plainly unreasonable. S ee United States v.

M athena, 23 F.3d 87, 94 (5th Cir. 1994); U nited States v. Headrick, 963 F.2d 777, 780 (5th Cir.

1992). We AFFIRM.
<PAGE>
                                                                               .
                                                                               .
                                                                               .

                                   EXHIBIT 11

              Statement Regarding Computation of Per Share Earnings

Basic

<TABLE>
<CAPTION>
                                            Year Ended September 30,
                                       ----------------------------------
                                        2 0 0 4      2 0 0 3     2 0 0 2
                                       ---------     --------    --------
<S>                                    <C>           <C>         <C>
Weighted average outstanding shares    $ 709,106      744,641     819,260
Net income (loss)                      $(527,935)    $115,864    $670,805
Net income (loss) per common share     $    (.74)    $    .16    $    .82
</TABLE>

Diluted

<TABLE>
<CAPTION>
                                            Year Ended September 30,
                                       ----------------------------------
                                        2 0 0 4      2 0 0 3     2 0 0 2
                                       ---------     --------    --------
<S>                                    <C>           <C>         <C>
Weighted average outstanding shares    $ 738,511      759,550     822,631
Net income (loss)                      $(527,935)    $115,864    $670,805
Net income (loss) per common share     $    (.71)    $    .15    $    .82
</TABLE>
`Exhibit 32

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     In connection with the Annual Report of American Italian Pasta Company (the
"Company") on Form 10-K for the annual period ended September 30, 2005, as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
the  undersigned,  in the capacities and dates indicated  below,  hereby certify
pursuant  to 18  U.S.C.  ss.  1350,  as  adopted  pursuant  to  ss.  906  of the
Sarbanes-Oxley  Act of  2002,  that,  to our  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: June 12, 2008                    /s/ John P. Kelly
                                       -----------------------------------------
                                       John P. Kelly
                                       President and Chief Executive Officer





Date:  June 12, 2008                   /s/ Paul R. Geist
                                       -----------------------------------------
                                       Paul R. Geist
                                       Executive Vice President and Chief
                                       Financial Officer
                                       (principal financial and accounting
                                       officer)`
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Consent of Ernst & Young LLP, Independent Auditors

We consent to the incorporation by reference in the Registration Statements
(Forms S-8 No. 33-48627 and No. 33-56966 and Forms S-3, No. 33-51097, No. 333-
01601 and No. 333-14953) of Smith's Food & Drug Centers, Inc. of our report
dated January 27, 1997, with respect to the consolidated financial statements of
Smith's Food & Drug Centers, Inc. incorporated by reference, in this Annual
Report (Form 10-K) for the fiscal year ended December 28, 1996.


\s\ Ernst & Young LLP

Salt Lake City, Utah
March 24, 1997
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**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of New Enterprise Stone & Lime Co., Inc. (the “Company”) on Form 10-Q for the quarter ended August 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Form 10-Q”), I, Donald L. Detwiler, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

 

(i)     the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934; and 

 

(ii)    the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

Dated: October 24, 2011

 

 
| /s/   Donald L. Detwiler  |   |
|---------------------------|--------|
| Donald   L. Detwiler      |   |
| Chief   Executive Officer |   |

 

----
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[ex152001.jpg]









CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



The Board of Directors,

Reg Technologies Inc.



We consent to the inclusion in the Form 20-F of our report dated August 24, 2009, except for Note 15 which is as of November 13, 2009, on the consolidated statements of loss and comprehensive loss, stockholders equity and cash flows or Reg Technologies Inc. for the year ended April 30, 2009.



DMCL



DALE MATHESON CARR-HILTON LABONTE LLP

CHARTERED ACCOUNTANTS



Vancouver, Canada

November 14, 2011



















[ex152002.jpg]
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED July 24, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-50794 Summary Calendar

LARRY D. ROBINSON, Plaintiff-Appellant,

versus JOHN CORNYN; KAY BAILEY HUTCHISON; CHRISTOPHER A. WRAY; F. JAMES SENSENBRENNER, JR.; HENRY HYDE; RON PAUL; DICK ARMEY; ROBERT MUELLER; MARK V. RICH; CHARLES D. ELDER; STEVEN C. McGRAW; CURTIS A. HENSCHEN, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 6:04-CV-250

-------------------- Before JOLLY, DAVIS and OWEN, Circuit Judges.
PER CURIAM: * Larry D. Robinson appeals from the dismissal of his lawsuit against various Federal officials for failure to state a claim, pursuant to FED . R. C IV . P. 12(b)(6). To the extent Robinson seeks to challenge the court’s ruling in a prior proceeding that relied upon Heck v. Humphrey , 512 U.S. 477 (1994), he is barred from doing so by the doctrine of collateral estoppel. See United States v. Shanbaum, 11 F.3d 305, 311 (5th Cir. 1994).No. 05-50794 -2- Robinson was not entitled to any of the relief he sought in his complaint. See Keener v. Congress , 467 F.2d 952, 953 (5th Cir. 1972). Therefore, we do not address whether the defendants were entitled to immunity from Robinson’s action. The district court did not err by dismissing Robinson’s action for failure to state a claim. See Woodard v. Andrus , 419 F.3d 348, 351 (5th Cir. 2005). Robinson contends that his various motions for leave to amend his complaint and for leave to reply to various responsive pleadings should have been granted because they were unopposed. He does not contend that the district court erred by denying those motions because he had failed to state any federal claim. Robinson has failed to brief the relevant issue for appeal. See Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987). Robinson’s contention that the district court erred by issuing a sanction warning does not present a live case or controversy. See Spencer v. Kemna , 523 U.S. 1, 7 (1998). The district court merely warned Robinson; it did not actually sanction him. Finally, Robinson lists as an issue, but does not brief, whether the district court erred by denying his motion for the costs of personal service. We need not address it. See Brinkmann , 813 F.2d at 748.
AFFIRMED.
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