alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Form of Performance Based Restricted Stock Grant Agreement



 Exhibit 10.1 

AMENDMENT NUMBER ONE TO EMPLOYMENT AGREEMENT 

This Amendment Number One to Employment Agreement (“Amendment”) is made and entered into as of      day of
March, 2010 by and between Carmike Cinemas, Inc. (“Carmike”) and S. David Passman III (“Executive”). 

WHEREAS, Carmike and Executive entered into an Employment Agreement dated as of June 4, 2009 (“Employment Agreement”)
pursuant to which Carmike employs Executive as its President and Chief Executive Officer; 
 WHEREAS, Carmike and Executive
desire to have the flexibility to set Executive’s target annual bonus under the Employment Agreement at 50% of Executive’s base salary (or such higher percentage as the Committee may determine from time to time) and desire to amend the
Employment Agreement to reflect this change; 
 WHEREAS, Carmike and Executive desire to amend the Employment Agreement to
revise the determination of the severance benefit in light of certain tax deduction issues raised under Internal Revenue Code § 162(m) with respect to Carmike’s annual executive bonus program; 

NOW, THEREFORE, in consideration of the mutual promises, terms, covenants, and conditions set forth herein, Carmike and Executive hereby
amend the Employment Agreement to read as follows effective as of January 1, 2010: 
 § 1 

By amending the first sentence of § 3.3, Annual Bonus, to read as follows: 

“Executive shall be eligible for an annual bonus each calendar year during the Term, starting with the 2009 calendar year (January
1-December 31, 2009) in an amount equal to 0%-150% of Base Salary, with a target annual bonus equal to 50% of Base Salary or such higher percentage as determined from time to time by the Committee.” 

§ 2 

By amending § 7.1(b) to read as follows: 

“(b) Carmike shall pay Executive a total amount equal to (i) 2 times his Base Salary (at a rate equal to the highest level of
Base Salary Executive was paid in the year prior to his termination of employment), plus (ii) 2 times his target Annual Bonus for the calendar year prior to the calendar year in which his termination of employment occurs, plus (iii) solely
for a termination or resignation under § 7.1(a) that occurs during calendar year 2010 and on or after the date there is a Change in Control, $630,000. This severance benefit shall be payable in equal monthly installments (subject to
applicable tax withholdings) over the twenty-four (24) consecutive month period which starts on the date Executive has a separation from service (within he meaning of § 409A of the Code), subject to Section 7.1(e) below.”








 IN WITNESS WHEREOF, Carmike and Executive have executed this Amendment Number One this
     day of March, 2010. 
  

			
	CARMIKE CINEMAS, INC.
		
	By:	 	  

		 	Lee Champion
		 	Senior Vice President, General Counsel and Secretary
	
	EXECUTIVE
	
	  

	S. David Passman III
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT ACCOUNTANTS**

 

We hereby consent to the incorporation by reference in the Registration Statement on Form S-3 (No. 333-36357) and on FormS-8 (Nos. 333-88760, 333-62118, 33-39185, 33-36975, 33-44301, 333-42495, 333-13707, 333-16313, 333-42809, 333-47175, 333-47177, 333-61315, 333-79249, 333-87987, 333-45078, 333-102688, and 333-108505) of Borland Software Corporation of our reportdated March 15, 2004 relating to the financial statements and financial statement schedule, which appears in this Form 10-K. 

 

PricewaterhouseCoopers LLP 

 

San Jose, CA 

March 15, 2003
Docket Number FAA-2012-0273

 Contacts. With whom outside the FAA has this proposal been discussed? 

Organization Person Contacted Date Response 

National Business Aircraft Association Eli Cotti 7/20/11 ---

Regional Airline Association Connie

Arnold

7/20/11 ---

Aircraft Owners & Pilots Association Robert Hackman 7/20/11 ---

ATA Joe White 7/20/11 ---
II 

111TH CONGRESS 

1ST SESSION S. 1228 

To amend chapter 63 of title 5, United States Code, to modify the rate 

of accrual of annual leave for administrative law judges, contract appeals 

board members, and immigration judges. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2009 

Mr. AKAKA (for himself and Mr. PRYOR) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To amend chapter 63 of title 5, United States Code, to 

modify the rate of accrual of annual leave for administrative law judges, contract appeals board members, and 

immigration judges. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


smartinez on PROD1PC64 with BILLS
2 

•S 1228 IS

1 SECTION 1. ACCRUAL RATE OF ANNUAL LEAVE FOR AD2 MINISTRATIVE LAW JUDGES, CONTRACT AP3 PEALS BOARD MEMBERS, AND IMMIGRATION 

4 JUDGES. 

5 (a) IN GENERAL.—Section 6303 of title 5, United 

6 States Code, is amended by striking subsection (f) and in7 serting the following: 

8 ‘‘(f) Notwithstanding any other provision of this sec9 tion, the rate of accrual of annual leave under subsection 

10 (a) shall be 1 day for each full biweekly pay period in the 

11 case of any employee who— 

12 ‘‘(1) holds a position which is subject to— 

13 ‘‘(A) section 5372, 5372a, 5376, or 5383; 

14 or 

15 ‘‘(B) a pay system equivalent to a pay sys16 tem to which any provision under paragraph (1) 

17 applies, as determined by the Office of Per18 sonnel Management; or 

19 ‘‘(2) is an immigration judge as defined under 

20 section 101(b)(4) of the Immigration and Nation21 ality Act (8 U.S.C. 1101(b)(4)).’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 this section shall take effect on the first day of the first 

24 applicable pay period beginning on or after 30 days after 

25 the date of enactment of this Act. 

Æ 


smartinez on PROD1PC64 with BILLS
### THE THIRTEENTH COURT OF APPEALS

13

- 15

- 00203

- CV

Myra Morris, Kleberg County Attorney Kira Talip, and Kleberg County Judge Rudy Madrid v. Corina Madrigal

On Appeal from the 105th District Court of Kleberg County , Texas

Trial Cause No. 15

- 124

- D

JUDGME NT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes the appeal should be dismissed . The Court orders the appeal DISMISSED in accordance with its opinion . Costs of the appeal are adjudged against appellant.
We further or der this decision certified below for observance. June 11, 2015
Exhibit
32.2





CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





The
undersigned hereby certifies, in his capacity as the Chief Financial Officer of
China Medicine Corporation (the “Company”), for the purposes of 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that to the best of his knowledge:





(1)
      The Company’s Quarterly Report on Form 10-Q for
the fiscal quarter ended September 30, 2009 (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.





Dated:
November 16, 2009





/s/
Richard P. Wu


Richard
P. WuChief Financial Officer


(Principal
Financial Officer and Accounting Officer)





This
certification accompanies each Report pursuant to § 906 of the Sarbanes-Oxley
Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
Act of 2002, be deemed filed by the Company for purposes of §18 of the
Securities Exchange Act of 1934, as amended.





A signed
original 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 Securities
and Exchange Commission or its staff upon request.
* Pursuant to 5 TH CIR
. 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 CIR
. R. 47.5.4. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-51497 Conference Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee
v. OSCAR DOMINGUEZ-RIVERA Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-2258-ALL Before KING, HIGGINBOTHAM, and SOUTHWICK, Circuit Judges. PER CURIAM: * Appealing the Judgment in a Criminal Case, Oscar Dominguez-Rivera raises arguments that are foreclosed by Al mendarez-Torres v. United States, 523 U.S. 224, 235 (1998), whic h held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. United States v. PinedaArrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, 128 S. Ct. 872 (2008). United States Court of Appeals

Fifth Circuit 

### F I L E D June 4, 2008 Charles R. Fulbruge III ClerkNo. 07-51497

2 The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1340 Reported in Senate (RS)]

                                                       Calendar No. 186
111th CONGRESS
  1st Session
                                S. 1340

To establish a minimum funding level for programs under the Victims of 
    Crime Act of 1984 for fiscal years 2010 to 2014 that ensures a 
reasonable growth in victim programs without jeopardizing the long-term 
               sustainability of the Crime Victims Fund.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2009

  Mr. Leahy (for himself, Mr. Crapo, Ms. Klobuchar, Mr. Merkley, Mr. 
   Grassley, Mrs. Hagan, Mr. Casey, Mr. Kohl, Mr. Kyl, Mr. Webb, Mr. 
Schumer, Mrs. Feinstein, Mr. Franken, Mr. Coburn, Mr. Sessions, and Mr. 
    Cornyn) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                            October 22, 2009

                Reported by Mr. Leahy, without amendment

_______________________________________________________________________

                                 A BILL

 
To establish a minimum funding level for programs under the Victims of 
    Crime Act of 1984 for fiscal years 2010 to 2014 that ensures a 
reasonable growth in victim programs without jeopardizing the long-term 
               sustainability of the Crime Victims Fund.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crime Victims Fund Preservation Act 
of 2009''.

SEC. 2. CRIME VICTIMS FUND.

    Section 1402(c) of the Victims of Crime Act of 1984 (42 U.S.C. 
10601(c)) is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
    ``(2) The amount made available from the Fund for the purposes of 
paragraphs (2), (3), and (4) of subsection (d) shall be not less than--
            ``(A) $705,000,000 for fiscal year 2010;
            ``(B) $867,150,000 for fiscal year 2011;
            ``(C) $1,066,594,500 for fiscal year 2012;
            ``(D) $1,311,911,235 for fiscal year 2013; and
            ``(E) $1,613,650,819 for fiscal year 2014.''.
                                                       Calendar No. 186

111th CONGRESS

  1st Session

                                S. 1340

_______________________________________________________________________

                                 A BILL

To establish a minimum funding level for programs under the Victims of 
    Crime Act of 1984 for fiscal years 2010 to 2014 that ensures a 
reasonable growth in victim programs without jeopardizing the long-term 
               sustainability of the Crime Victims Fund.

_______________________________________________________________________

                            October 22, 2009

                       Reported without amendment
```
EXHIBIT 32.2

                            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 Telynx, Inc. (the "Company") on
Form10-KSB for the period ended October, 2004, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned
certifies, 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.

Date: August 31, 2006

/s/ Beth N. Ochoa
---------------------------------

Beth Ochoa, Chief Financial Officer
#### In re the MARRIAGE OF Lynn Marie JARMAN, Appellant, and Kenneth Ray Jarman, Appellee.

No. 86CA0626.

Colorado Court of Appeals, Div. I.

Feb. 11, 1988.

*1069Davis, Graham and Stubbs, Anthony J. Shaheen, Denver,, for appellant.

No appearance for appellee.

PIERCE, Judge.

Lynn Marie Jarman (mother) appeals the trial court’s order reducing her visitation with her children and ordering that she pay child support. We reverse.

I.

Mother’s first contention is that the court erred in restricting her visitation rights. We agree.

Section 14-10-129, C.R.S. (1987 Repl. Yol. 6B) provides that a court may not restrict a parent’s previously granted visitation rights unless it finds that the visitation would endanger the child’s physical health or significantly impair his emotional development. Even a parent who is unfit to be the custodial parent may be entitled to liberal visitation rights. *In re Marriage of McGee,*44 Colo.App. 330, 613 P.2d 348 (1980).

Here, while there was evidence from which the court could infer some instability in the mother, the court did not so find, and it specifically found that she was not a child abuser. While the stability of the environment is a valid consideration in awarding custody, *see*§ 14-10-124(1.5), C.R.S. (1987 Repl.Vol. 6B), instability alone is not sufficient to support a restriction on visitation. Because the court made no finding that the instability was so severe that it endangered the child physically or impaired his emotional development, its order can not stand.

II.

Mother also contends that the court erred when it ordered her to pay support despite a finding that she was financially unable to do so. Again, we agree.

At the time of this hearing, provisions of a decree of dissolution with respect to child support could be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable. *See*§ 14-10-122(1), C.R.S. (now amended effective November 1, 1986). In determining if a decree’s support provisions have become unconscionable, the court must consider the criteria set forth in § 14-10-115(1), C.R.S., including the financial resources of the noncustodial parent. *In re Marriage of Hughes,*635 P.2d 933 (Colo.App.1981).

Here, the original decree did not require the mother to make support payments. The only evidence of change in the parents’ circumstances was the evidence that father’s income had increased. Testimony established that any increase in mother’s income was not continuing, and, in fact, the court specifically found that mother did not have the financial ability to pay child support. This evidence, combined with the fact that the court made no findings with respect to changes in the financial circumstances of the children or the parents, mandates a reversal of the child support order.

The trial court’s order is reversed, and the cause is remanded with directions that the prior orders with respect to visitation and child support be reinstated.

METZGER and CRISWELL, JJ., concur.
<PAGE>

                                                                    EXHIBIT 23.1

                     CONSENT OF INDEPENDENT ACCOUNTANTS FOR
                          BORLAND INTERNATIONAL, INC.


  We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (Nos. 33-39185, 33-36975, 33-44301, 33-42495,
333-13707, 333-16313, 333-47175 and 333-47177) and in the Prospectus
constituting part of the Registration Statement on Form S-3 (No. 333-36357) of
Borland International, Inc. of our report dated January 28, 1998, except for
the first and fifth paragraphs of Note 14, which are as of February 27, 1998
appearing on page 31 of this Form 10-K.

/s/ Price Waterhouse LLP

San Jose, California
March 27, 1998
111TH CONGRESS 

1ST SESSION S. 1358 

AN ACT 

To authorize the Director of the United States Patent and 

Trademark Office to use funds made available under 

the Trademark Act of 1946 for patent operations in 

order to avoid furloughs and reductions-in-force. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 1358 ES

1 SECTION 1. AUTHORITY OF PTO DIRECTOR TO USE TRADE2 MARK FUND. 

3 (a) AUTHORITY.—The Director of the United States 

4 Patent and Trademark Office may use funds made avail5 able under section 31 of the Trademark Act of 1946 (15 

6 U.S.C. 1113) to support the processing of patents and 

7 other activities, services, and materials relating to patents, 

8 notwithstanding section 42(c) of title 35, United States 

9 Code, if— 

10 (1) the Director certifies to Congress that the 

11 use of such funds is reasonably necessary to avoid 

12 furloughs or a reduction-in-force in the Patent and 

13 Trademark Office, or both; and 

14 (2) funds so used are repaid to trademark oper15 ations not later than September 30, 2011. 

16 (b) EXPIRATION OF AUTHORITY.—The authority 

17 under subsection (a) shall terminate on June 30, 2010. 

18 (c) DEFINITIONS.—In this section: 

19 (1) DIRECTOR.—The terms ‘‘Director of the 

20 United States Patent and Trademark Office’’ and 

21 ‘‘Director’’ mean the Under Secretary of Commerce 

22 for Intellectual Property and Director of the United 

23 States Patent and Trademark Office. 

24 (2) TRADEMARK ACT OF 1946.—The term 

25 ‘‘Trademark Act of 1946’’ means the Act entitled 

26 ‘‘An Act to provide for the registration and protec-
3 

†S 1358 ES

1 tion of trademarks used in commerce, to carry out 

2 the provisions of certain international conventions, 

3 and for other purposes’’, approved July 5, 1946 (15 

4 U.S.C. 1051 et seq.). 

Passed the Senate June 25, 2009. 

Attest: 

Secretary. 
111TH CONGRESS 

1ST SESSION S. 1358 

AN ACT 

To authorize the Director of the United States Patreductions-in-force. patent operations in order to avoid furloughs and available under the Trademark Act of 1946 for ent and Trademark Office to use funds made
Presidential Documents

11379 

Federal Register 

Vol. 77, No. 37 

Friday, February 24, 2012 

Title 3— 

The President 

Notice of February 23, 2012 

Continuation of the National Emergency With Respect to 

Cuba and of the Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels 

On March 1, 1996, by Proclamation 6867, a national emergency was declared 

to address the disturbance or threatened disturbance of international relations 

caused by the February 24, 1996, destruction by the Cuban government 

of two unarmed U.S.-registered civilian aircraft in international airspace 

north of Cuba. On February 26, 2004, by Proclamation 7757, the national 

emergency was extended and its scope was expanded to deny monetary 

and material support to the Cuban government. The Cuban government 

has not demonstrated that it will refrain from the use of excessive force 

against U.S. vessels or aircraft that may engage in memorial activities or 

peaceful protest north of Cuba. In addition, the unauthorized entry of any 

U.S.-registered vessel into Cuban territorial waters continues to be detrimental 

to the foreign policy of the United States. Therefore, in accordance with 

section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am 

continuing the national emergency with respect to Cuba and the emergency 

authority relating to the regulation of the anchorage and movement of vessels 

set out in Proclamation 6867 as amended by Proclamation 7757. 

This notice shall be published in the Federal Register and transmitted to 

the Congress. 

THE WHITE HOUSE, 

February 23, 2012. [FR Doc. 2012–4614 

Filed 2–23–12; 11:15 am] 

Billing code 3295–F2–P 


tkelley on DSK3SPTVN1PROD with PRES DOCOB#1.EPS</GPH>
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 Apple REIT Seven, Inc., (the Company) on Form 10-Q
for the quarter ending March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, 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 and Exchange Act of 1934; and (2) the information contained in the Report fairly
represents, in all material respects, the financial conditions and results of operations of the Company as of March 31, 2008, and for the period then ended.



|                       
|-----------------------
|                       
|                       
|/s/    GLADE M. KNIGHT 
|Glade M. Knight        
|Chief Executive Officer
|                       
|May 2, 2008            
|                       
|                       
|/s/    BRYAN PEERY     
|Bryan Peery            
|Chief Financial Officer
|                       
|May 2, 2008
EXHIBIT 21



SUBSIDIARIES OF AZTAR CORPORATION

The Company has no parent corporation.  In addition to the subsidiaries listed below, the Company has six other wholly-owned subsidiaries.  The unnamed subsidiaries, considered in the aggregate, would not constitute a significant subsidiary.



|Name
Adamar Garage Corporation
Adamar of Nevada
Adamar of New Jersey, Inc.
     dba Tropicana Casino and Resort
Atlantic-Deauville, Inc.
Aztar Development Corporation
Aztar Indiana Gaming Company, L.L.C.
     dba Casino Aztar Evansville
Aztar Missouri Riverboat Gaming Company, L.L.C.
     dba Casino Aztar Caruthersville
Hotel Ramada of Nevada
     dba Tropicana Resort and Casino
Ramada Express, Inc.
     dba Ramada Express Hotel and Casino
Ramada New Jersey, Inc.
Ramada New Jersey Holdings Corporation
Tropicana Enterprises, a general partnership | Jurisdiction of
 Incorporation,
 Organization or Formation
   Delaware
   Nevada
   New Jersey
   New Jersey
   Delaware
   Indiana
   Missouri
   Nevada
   Nevada
   New Jersey
   Delaware
   Nevada
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------