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exhibit10-12_033110.htm


Exhibit 10.12


 


 


 


CFS Bancorp, Inc. 2010 Performance-based Cash Incentive Plan


 


The Compensation Committee of the Board of Directors (the “Committee”) approved a Performance-based Cash Incentive Plan (Cash Incentive Plan) for key employees including the Company’s named executive officers (NEOs).  The Cash Incentive Plan provides an opportunity for key employees to earn a cash bonus for 2010 based on the achievement of corporate, business unit, and/or individual performance objectives at threshold, target or maximum levels, as established by the Committee.


 


If the employee achieves the applicable performance objectives, the cash bonus earned is expected to be paid in February 2011.  In addition, to receive a bonus, the employee must be employed by CFS Bancorp, Inc. or Citizens Financial Bank, or a successor or assign, on the date the cash bonus is paid.  Notwithstanding the foregoing, if the Committee determines, in its sole discretion, that CFS Bancorp, Inc. is not profitable for fiscal year ending December 31, 2010, then no bonus will be paid.


 


The Compensation Committee will have full power and discretion to (a) select the employees who are eligible to receive cash bonuses under the Cash Incentive Plan, (b) determine the amounts of the bonuses to be paid, (c) determine whether the performance objectives have been achieved by any employee, and (d) construe and interpret this Plan.  Any payments under this Plan are subject to the Company’s Compensation Clawback Policy.


 


The Cash Incentive Plan may be amended, modified or terminated at any time in the discretion of the Compensation Committee.  Neither this Cash Incentive Plan nor a bonus opportunity under this Plan constitutes an agreement, understanding or commitment by CFS Bancorp, Inc. or Citizens Financial Bank for continued employment with respect to any employee.
Exhibit 21.1



SUBSIDIARIES OF CYTYC CORPORATION



|                                         |  |                             
|---------------------------------------- |  | ----------------------------
|Company                                  |  | Jurisdiction of organization
|                                         | 
|Cytyc (Australia) PTY LTD                |  | Australia                   
|Cytyc Canada, Limited                    |  | Canada                      
|Cytyc Europe, S.A.*                      |  | Switzerland                 
|Cytyc S.a.r.l.*                          |  | Switzerland                 
|Cytyc Germany GmbH                       |  | Germany                     
|Cytyc Iberia, S.L.                       |  | Spain                       
|Cytyc (UK) Limited                       |  | United Kingdom              
|Cruiser, Inc.                            |  | Delaware                    
|Cytyc Healthcare Ventures, LLC           |  | Delaware                    
|Cytyc Hong Kong Limited                  |  | Hong Kong                   
|Cytyc Interim, Inc.                      |  | Delaware                    
|Cytyc International, Inc.                |  | Delaware                    
|Cytyc Limited Liability Company          |  | Delaware                    
|Cytyc Limited Partnership                |  | Massachusetts               
|Cytyc Securities Corporation             |  | Massachusetts               
|Cytyc Surgical Products                  |  | California                  
|Cytyc Surgical Products II               |  | Delaware                    
|Cytyc Surgical Products Costa Rica, S.A. |  | Costa Rica                  

---

* Cytyc Suisse, S.A. is a subsidiary of Cytyc Europe, S.A.;
Cytyc Italia S.r.l. and Cytyc France S.A.R.L. are subsidiaries of Cytyc S.a.r.l.
**EXHIBIT 32.2**

 

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

**AS ADOPTEDPURSUANT TO**

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

 

In connection with the Form 10-Q of RedpointBio Corporation (the “Company”) for the period ended June 30, 2008 asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),the undersigned, Scott M. Horvitz, Chief Financial and Operating Officer andTreasurer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350,that:

 

(1) The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

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

 
| Dated:  August 8, 2008 | /s/ Scott M.  Horvitz                                                    |
|-----------------------------|--------------------------------------------------------------------------|
|                        | Scott  M Horvitz                                                         |
|                        | Chief Financial and Operating Officer  and Treasurer |
|                        | (Principal  Financial and Accounting Officer)                            |

 

----

*                          A signed original of this written statementrequired by Section 906 has been provided to Redpoint Bio Corporation andwill be retained by Redpoint Bio Corporation and furnished to the Securitiesand Exchange Commission or its staff upon request.

 

----
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________
No. 95-50883 Summary Calendar

__________________

CHARLIE WILBORN,

Plaintiff-Appellant,

versus
CON CURSEY, Former Sheriff of Bastrop County (1990 - 1991); JOHN DOE, (1), Former Bastrop County Jail Administrator (1990 - 1991); JOHN DOE, (2), Former Bastrop County Jail Medical Paramedic (1990 - 1991); ALBERT N. PFEIFFER, County Appointed Counsel Represent to Plaintiff,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas

USDC No. 95-CV-508

- - - - - - - - - - June 10, 1996

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM: *

Charlie Wilborn ap peals the dismissal of his civil action

pursuant to 28 U.S.C. § 1915(d), contending that his claims under

42 U.S.C. § 1983 and the Rehabilitation Act are not time-barred and

that the district court abused its discretion in denying leave to

amend his complaint to include claims under the predecessor statuteNo. 95-50883 -2-

of the Americans with Disabilities Act. We have reviewed the

record and Wilborn's brief and conclude that the district court did

not abuse its discretion in dismissing the action as frivolous. We

are unpersuaded by Wilborn's contention that his mental incompetence tolled the limitations period.

The appeal, too, is without arguable merit and thus frivolous.

See Howard v. King

, 707 F.2d 215, 219-20 (5th Cir. 1983). Because

the appeal is frivolous, it is DISMISSED. 5 TH C IR

. R. 42.2.

We previously warned Wilborn in Wilborn v. Keel
, No. 95-50370

(5th Cir. Dec. 20, 1995) (per curiam ), that further frivolous

appeals would invite the imposition of sanctions and cautioned him

to review any pending appeals to ensure that they did no t raise

frivolous a rguments. Wilborn has not heeded this warning.

Accordingly, Wilborn is barred from filing any pro se , in forma

pauperis civil appeal i n this court, or any p ro se , in forma

pauperis

, initial civil pleading in any court that is subject to

this court's jurisdiction, without the advance written permission

of a judge of the forum court; the clerk of this court and the

clerks of all federal district courts in this circuit are directed

to return to Wilborn, unfiled, any attempted submission inconsistent with this bar.

APPEAL DISMISSED; SANCTION IMPOSED.
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Exhibit
32




CERTIFICATIONS
PURSUANT TO SECTION 906 OF


THE
SARBANES-OXLEY ACT OF 2002




The
certification set forth below is being submitted in connection with the
quarterly report on Form 10-Q of SMART Modular Technologies (WWH), Inc. (the
“Report”) for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of
the Securities Exchange Act of 1934 (the “Exchange Act”) and Section 1350 of
Chapter 63 of Title 18 of the United States Code.




Iain
MacKenzie, the Chief Executive Officer and Barry Zwarenstein, the Chief
Financial Officer of SMART Modular Technologies (WWH), Inc., each certifies
that, to the best of his knowledge:




1.
            the
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Exchange Act; and





2.
            the
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of SMART
      Modular Technologies (WWH), Inc.







Date:
July 7, 2009




By:
                /s/
      IAIN MACKENZIEName:
                Iain
      MacKenzieTitle:
                President
      and Chief Executive
Officer










By:
                /s/
      BARRY ZWARENSTEINName:
                Barry
      ZwarensteinTitle:
                Senior
      Vice President and Chief Financial
Officer
----

Agreement between the European Community and the Government of Canada on the processing of Advance Passenger Information and Passenger Name Record Data (1)

The procedures necessary for the entry into force of the Agreement between the European Community and the Government of Canada on the processing of Advance Passenger Information and Passenger Name Record Data, signed in Luxembourg on 3 October 2005, have been completed on 22 March 2006. According to Art. 9 of the Agreement, it entered into force on that same day.

----

(1)OJ L 82, 21.3.2006, p. 15.

----
EXHIBIT 13.2

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 Annual Report of Unilens Vision Inc. (the Company) on Form 20-F for the year ending June 30, 2006, as
filed with the Securities and Exchange Commission on the date hereof (the Report), I certify, pursuant to 18 U.S.C. Section 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.

A signed original of this written statement has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff
upon request.

December 29, 2006



|                           
|---------------------------
|/s/ Michael J. Pecora      
|Michael J. Pecora          
|Principal Financial Officer



110
This memorandum opinion was not selected for publication in the New Mexico Reports. Please 1 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 2 Please also note that this electronic memorandum opinion may contain computer-generated 3 errors or other deviations from the official paper version filed by the Court of Appeals and does 4 not include the filing date. 5 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 6 STATE OF NEW MEXICO, 7 Plaintiff-Appellant, 8
v. NO. 30,807 9 JOSEPH ANTHONY GARCIA, 10 Defendant-Appellee. 11 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY 12 Lisa C. Schultz, District Judge 13 Gary K. King, Attorney General 14 Andrew S. Montgomery, Assistant Attorney General 15 Santa Fe, NM 16 for Appellant 17 Law Offices of Michael L. Stout 18 Michael L. Stout 19 Las Cruces, NM 20 for Appellee 21
MEMORANDUM OPINION 22 VIGIL, Judge. 232 The State appeals the district court order granting a new trial to Defendant. We 1 proposed to affirm in a calendar notice. Inresponse, the State filed a “Notice of Non2 Intention to File Memorandum in Response to Notice of Proposed Summary 33 Disposition.” Therefore, for the reasons di scussed in our calendar notice, we affirm. 1 IT IS SO ORDERED. 2

_______________________________ 3 MICHAEL E. VIGIL, Judge 4 WE CONCUR: 5

_________________________________ 6 MICHAEL D. BUSTAMANTE, Judge 7

_________________________________ 8 JONATHAN B. SUTIN, Judge 9
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway

Alton Thomas Davis, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

November 22, 2010 

1115 

Order 

 

November 22, 2010 

141435 

ALPHA CAPITAL MANAGEMENT, INC., 

Plaintiff-Appellant, 

v SC: 141435 

 COA: 287280 

Wayne CC: 06-612418-NO 

PAUL ROBERT RENTENBACH and DYKEMA 

GOSSETT, P.L.C., 

Defendants-Appellees, 

and 

MARK E. HAUCK, 

 Defendant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the March 23, 2010 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
#### The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jose M. ESPARZA, Defendant-Appellant.

No. 86CA1552.

Colorado Court of Appeals, Div. I.

June 30, 1988.

Rehearing Denied Aug. 4, 1988.

Certiorari Pending Oct. 4, 1988.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Clement P. Engle, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Douglas D. Barnes, Deputy State Public Defender, Denver, for defendant-appellant.

TURSI, Judge.

Defendant, Jose Esparza, appeals from the judgment of conviction entered following a jury verdict finding him guilty of felony menacing, a class 5 felony. Section 18-3-206, C.R.S. (1986 Repl.Vol. 8B). We affirm the conviction.

Defendant initially contends the trial court committed reversible error by overruling his objection to alleged improper summation by the prosecutor. We do not agree.

While it is true that the written statement that is the subject of the contention was not introduced into evidence, there is uncontested testimony that the victim had indeed made such a statement to the police, that it was accurate according to the victim’s recollection as refreshed, it had been given less than an hour after the offense, and that the victim had reviewed it prior to trial. There was also testimonial evidence as to the contents of the statement. A prosecutor may argue all reasonable inferences from evidence in the record, and is permitted to make fair comment on evidence received. *People v. DeHerrera,*697 P.2d 734 (Colo.1985). We cannot say that the prosecutor’s remarks here constituted reversible error, when viewed in context. *See People v. Nave,*689 P.2d 645 (Colo.App.1984).

*1165Defendant further argues the court erred when it refused to instruct the jury that self-induced intoxication is an affirmative defense to the crime of felony menacing. He grounds this argument on the apparent inconsistencies between *People v. Breland,*728 P.2d 763 (Colo.App.1986) and *People v. Gagnon,*703 P.2d 661 (Colo.App.1985), in their treatment of the requisite culpable mental state element of felony menacing and, thus, the availability of intoxication as a defense. *Breland*held that the requisite culpable mental state was “knowingly” while *Gagnon,*relying on previous authority, held that the requisite culpable mental element was one of specific intent.

Section 18-3-206 unequivocally requires only general intent. *See*Colo.Sess.Laws 1977, ch. 224 at 961, striking “intentionally” and inserting “knowingly.” Thus, this offense is a general intent crime for which voluntary intoxication is not an available defense. *People v. Breland, supra.*

Judgment affirmed.

PIERCE and PLANK, JJ., concur.