alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ne-ex1033_1004.htm



Exhibit 10.33

Noble Corporation

Summary of Director Compensation

Annual Retainer. Noble Corporation plc, a company organized under the laws of England and Wales, (the “Company”) pays each of its non-employee directors an annual retainer of $50,000. Under the Noble Corporation Equity Compensation Plan for Non-Employee Directors, non-employee directors may elect to receive up to all of the retainer in shares. The number of shares to be issued under the plan in any particular quarter is generally determined using the average of the daily closing prices of the shares for the last 15 consecutive trading days of the previous quarter. No options are issuable under the plan, and there is no “exercise price” applicable to shares delivered under the plan.

Board Meeting Fees. In addition, the Company pays its non-employee directors a Board meeting fee of $2,500. The Company pays each member of its committees a committee meeting fee of $2,500 per meeting. The Company also reimburses directors for travel, lodging and related expenses they may incur in attending Board and committee meetings, and related activities in connection with the duties as director.

Committee Fees. The chair of the audit committee and the compensation committee receives an annual retainer of $25,000, and the chair of each other standing Board committee receives an annual retainer of $15,000. The lead director also receives an annual fee of $20,000.

Equity Compensation. Under the Noble Corporation 1992 Nonqualified Stock Option and Restricted Share Plan for Nonemployee Directors (the “1992 Plan”) each annually-determined award of a variable number of restricted shares or unrestricted shares is made on a date selected by the Board, or if no such date is selected by the Board, the date on which the Board action approving such award is taken. Any future award of restricted shares will be evidenced by a written agreement that will include such terms and conditions not inconsistent with the terms and conditions of the 1992 Plan as the Board considers appropriate in each case.
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This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

KEITH DUANE ARLINE, Jr.,

 Plaintiff - Appellant,

 v.

KEN CLARK,

 Defendant - Appellee.

No. 11-18050

D.C. No. 1:07-cv-01097-LJOGBC

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Lawrence J. O’Neill, District Judge, Presiding

Submitted October 9, 2012** 

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Keith Duane Arline, Jr., a California state prisoner, appeals pro se from the

district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that

defendant violated his Eighth Amendment rights in connection with the denial of

FILED

OCT 17 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-18050

outdoor exercise. We have jurisdiction under 28 U.S.C. § 1291. We review de

novo the grant of summary judgment, Jones v. Bianas, 393 F.3d 918, 926 (9th Cir.

2004), and for an abuse of discretion the district court’s evidentiary rulings, United

States v. W.R. Grace, 504 F.3d 745, 759 (9th Cir. 2007). We affirm.

The district court properly granted summary judgment on Arline’s Eighth

Amendment claim because Arline failed to raise a genuine dispute of material fact

as to whether defendant acted with deliberate indifference when he imposed a

modified program, in response to a security breach, that temporarily restricted

inmates’ access to outdoor exercise. See Hayward v. Procunier, 629 F.2d 599, 603

(9th Cir. 1980) (temporary deprivation of outdoor exercise in response to genuine

emergency did not violate Eighth Amendment); see also Norwood v. Vance, 591

F.3d 1062, 1068-70 (9th Cir. 2010) (prison officials entitled to qualified immunity

on denial of outdoor exercise claim because a reasonable officer could have

believed that restricting outdoor exercise during prison security lockdown was

constitutional).

The district court did not abuse its discretion in refusing to consider those

statements in Arline’s declaration that were not within his personal knowledge. 

See Fed. R. Civ. P. 56(c) (“An affidavit or declaration used to support or oppose a
3 11-18050

motion must be made on personal knowledge . . . and show that the affiant or

declarant is competent to testify on the matters stated.”).

AFFIRMED.
Exhibit 32.1

CERTIFICATION PURSUANT TO SECTION 906 OF

THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of Marlborough Software Development Holdings Inc. (the Company) on Form 10-Q for the
quarterly period ended September 30, 2013 as filed with the Securities and Exchange Commission (the SEC) on the date hereof (the Report), each of the undersigned, in the capacities and on the dates indicated below,
hereby certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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 (the Exchange Act); and
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                                |  |                                                                                    |  |                  
|------------------------------- |  | ---------------------------------------------------------------------------------- |  | -----------------
|Signature                       |  | Title                                                                              |  | Date             
|                                |  |                                                                                   
|/S/ PINHAS ROMIK
Pinhas Romik   |  | President and Chief Executive Officer(Principal Executive Officer)                 |  | November 19, 2013
|                                |  |                                                                                   
|/S/ JAMES P. DORE
James P. Dore |  | Executive Vice President and Chief Financial Officer (Principal Financial Officer) |  | November 19, 2013

This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and
shall not be deemed filed by the Company for purposes of Section 18 of the Exchange Act, or otherwise subject to liability under that section. This certification shall not be deemed incorporated by reference in any filing under the Securities
Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.

A signed
original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form with the electronic version of this written statement required by
Section 906, has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                                             <C>
<PERIOD-TYPE>                                  YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           7,247
<SECURITIES>                                         0
<RECEIVABLES>                                   30,255
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                37,502
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  37,502
<CURRENT-LIABILITIES>                              641
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  (1,312,558)
<TOTAL-LIABILITY-AND-EQUITY>                    37,502
<SALES>                                              0
<TOTAL-REVENUES>                                   424
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                61,731
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (27,561)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             27,561
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (27,561)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
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Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, March 27, 2018.

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.

Court of Appeals 

of the State of Georgia

ATLANTA, March 27, 2018

The Court of Appeals hereby passes the following order

A18D0355. DARRELL T. PRICE v. GREGORY C. DOZIER, COMR..

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be 

hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of 

this order. The Clerk of Superior Court is directed to include a copy of this order in the record 

transmitted to the Court of Appeals.

LC NUMBERS:

2017CV293284
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<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           1,165
<SECURITIES>                                         0
<RECEIVABLES>                                   44,977
<ALLOWANCES>                                       675
<INVENTORY>                                     30,597
<CURRENT-ASSETS>                                77,015
<PP&E>                                          66,125
<DEPRECIATION>                                  14,797
<TOTAL-ASSETS>                                 128,755
<CURRENT-LIABILITIES>                           33,305
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           108
<OTHER-SE>                                      69,902
<TOTAL-LIABILITY-AND-EQUITY>                   128,755
<SALES>                                        254,640
<TOTAL-REVENUES>                               254,640
<CGS>                                          201,323
<TOTAL-COSTS>                                   15,895
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   341
<INTEREST-EXPENSE>                               1,225
<INCOME-PRETAX>                                 35,856
<INCOME-TAX>                                    14,163
<INCOME-CONTINUING>                             21,693
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    21,693
<EPS-PRIMARY>                                     2.06
<EPS-DILUTED>                                     1.97
        

</TABLE>
Exhibit 32.2





CERTIFICATION BY CHIEF FINANCIAL OFFICER





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 on Form 10-Q of Prospect Flexible Income Fund, Inc. (now known as Prospect Sustainable Income Fund, Inc.) (the “Company”) for the period ended December 31, 2021, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Kristin Van Dask, Chief Financial Officer of the Company, 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:





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 as of the dates and for the periods expressed in the Report.





/s/ Kristin Van Dask


Kristin Van Dask


Chief Financial Officer


(Principal Accounting and Financial Officer)


Date: February 8, 2022