alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 Waterstone Financial, Inc. (the “Company”) on Form 10-Q for the period ended
June 30, 2008, as filed with the Securities and Exchange Commission on or about
the date hereof (the “Report”), I, Douglas S. Gordon, Chief Executive Officer of
the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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;
and




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








/s/ Douglas S.
Gordon


Douglas
S. Gordon


Chief
Executive Officer


August 8,
2008






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 within the electronic version of this written statement required
by Section 906, has been provided to Waterstone Financial, Inc. and will be
retained by Waterstone Financial, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
<PAGE>


                                                                    Exhibit 11.1


STATEMENT OF COMPUTATION OF NET INCOME PER SHARE

<TABLE>
<CAPTION>
 
                                                              Year ended April 30
                                                 ----------------------------------------
                                                     1995          1996           1997
                                                 ----------     ----------   ------------

<S>                                              <C>            <C>          <C>
Weighted average common shares
   outstanding                                      327,820      2,686,777      4,393,903

Weighted average common shares
   giving effect to the conversion of
   Preferred Stock into Common
   Stock                                          1,451,862        545,356             --

Net effect of stock options granted
   and Preferred Stock issued
   during the 12-month period prior
   to the Company's filing of its initial
   public offering, at less than the
   offering price, calculated using the
   treasury stock method at the
   offering price of $7 per share, and
   treated as outstanding for all
   periods presented                                220,904         44,780             --

Net effect of outstanding stock options
   (excluding stock options granted
   during the 12 months prior to the
   Company's filing of its initial public
   offering) and warrants calculated
   using the treasury stock method
   at the average price for each
   quarter during the year                           33,624        198,668        281,689
                                                 ----------     ----------   ------------

Shares used in computation of net
   income per share                               2,034,210      3,475,581      4,675,592
                                                 ----------     ----------   ------------
                                                 ----------     ----------   ------------

Net income                                       $  239,232     $  996,350   $  3,597,617
                                                 ----------     ----------   ------------
                                                 ----------     ----------   ------------

Net income per share                             $     0.12     $     0.29   $       0.77
                                                 ----------     ----------   ------------
                                                 ----------     ----------   ------------
</TABLE>
 


                                       PAGE -18-
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**EXHIBIT 10.2**

AMENDMENT NO. 8 

TO THE 

ADVISORY AGREEMENT 

This amendment no. 8 to the Advisory Agreement dated as of November 8, 2008 (the “Advisory Agreement”) between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital AdvisorsLLC, a Delaware limited liability company (the “Advisor”), is entered as of October 23, 2009 (the “Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement andAmendment no. 1 to the Advisory Agreement dated January 7, 2009. 

WHEREAS, upon the terms set forth in this Amendment,the Advisor has agreed to amend and restate Article 16 of the Advisory Agreement and advance funds to the Company upon the terms set forth below. 

NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained herein, the parties hereto agree that Article 16 of the Advisory Agreement is hereby amended andrestated in its entirety as follows: 

ADVANCE 

Notwithstanding anything contained in Article 9 of this Agreement to the contrary, the Advisor hereby agrees to advance funds (the “Advance”) to the Company equal to the amount by which thecumulative amount of distributions declared by the Company from January 1, 2006 through the period ending November 30, 2009 exceeds the amount of the Company’s Funds from Operations from January 1, 2006 through November 30,2009. Advisor further agrees that the Company will only be obligated to reimburse the Advisor for the Advance if and to the extent that the Company’s cumulative Funds from Operations for the period commencing January 1, 2006 through thedate of any such reimbursement exceeds the lesser of (i) the cumulative amount of any distributions declared and payable to the Company’s Stockholders as of the date of such reimbursement or (ii) an amount that is equal to a 7.0%cumulative, non-compounded, annual return on Invested Capital for the Company’s Stockholders for the period from July 18, 2006 through the date of such reimbursement. Advisor understands and agrees that no interest shall accrue on theAdvance being made under this Agreement. 

*Signature page follows.*

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and yearfirst above written. 

 
KBS REAL ESTATE INVESTMENT TRUST, INC.By: /s/ Charles J. Schreiber, Jr. Charles J. Schreiber, Jr., Chief Executive Officer
 
KBS CAPITAL ADVISORS LLCBy: Schreiber Real Estate Investments, L.P., a Manager By: Schreiber Investments, LLC, as general partner  By: /s/ Charles J. Schreiber, Jr.   Charles J. Schreiber, Jr., Manager
EX-10.1






Exhibit 10.1




THIRD AMENDMENT TO

RADIOSHACK CORPORATION

EXECUTIVE DEFERRED COMPENSATION PLAN




RadioShack Corporation (the “Company”) hereby amends the RadioShack Corporation Executive
Deferred Compensation Plan (the “Plan”), effective December 21st, 2006, as follows:




	1.	 	Article IV of the Plan shall be amended by adding the following new section 4.4 at the end
thereof:






	 	 	 	“4.4 Cessation of Deferrals. Notwithstanding the foregoing, no additional
salary or bonus may be deferred under the Plan after December 31, 2006, and any
Deferral Election filed by a Participant with respect to salary or bonus payable after
December 31, 2006 shall be null and void; provided, however, that any Deferral
Election properly made with respect to a bonus earned during 2006 will be given
effect, subject to the distribution provisions of section 8.10, but no matching
contribution under Article VII shall be made with respect to such deferral.”






	2.	 	Article VI of the Plan shall be amended by adding the following new section 6.5 at the end
thereof:






	 	 	 	“6.5 2007 Investment Earnings. Notwithstanding the foregoing,
Participants shall no longer be entitled to direct the deemed investment of amounts
credited to their Deferral Accounts after December 31, 2006. The balance credited to
each Participant’s Deferral Account as of January 1, 2007 instead shall be deemed to
bear interest at a rate of six percent (6%) per annum from January 1, 2007 to the date
of distribution pursuant to Article VIII hereof.”






	3.	 	Article VIII of the Plan shall be amended by adding the following new section 8.10 at the end
thereof:






	 	 	 	“8.10 2007 Distributions. Notwithstanding the foregoing, in 2007, and as
soon as practicable but no later than 48 hours following RadioShack’s 2007 first
quarter earnings release, the balance of each Participant’s Deferral Account and Stock
Account shall be distributed to the Participant in a single lump sum in the form
provided for in section 8.3 hereof.”





IN WITNESS WHEREOF, the Company has caused this third amendment to be executed on its behalf
on December 21st, 2006.




RADIOSHACK CORPORATION




By: John P. Clarson

Title: Assistant Corporate Secretary
#### Producers’ Lumber Company *v.*Guiniven, Appellant.

*Contracts*— Master *and servant*— Salai'y—Percentage *of*profits— *Drawing account*— Losses—Suit *by employer for amount advanced —Affidavit of defense*— Insufficient *averments.*

Where a contract between an employer and employee provided that the latter was to receive as compensation a sum equal to one-half of the net profits of the department of which he was manager, and was to have a drawing account of a fixed sum per month which was to be charged to him as against the amount to which he might be ultimately entitled, and the department yielded no profits during the period in question, the employee is liable to the employer for the amount so advanced to him, and in an action against the employee for such amount judgment for want of a sufficient affidavit of defense was properly entered, there being-nothing in the contract to indicate that the advances made were to be considered as salary.

Argued Jan. 23, 1918.

Appeal, No. 168, Jan. T., 1917, by defendant, from judgment of C. P. No. 4, Philadelphia Co., Sept. T., 1916, No. 255, for want of a sufficient affidavit of defense in case of Producers’ Lumber Company, a Corporation, for the Use of J. Edwards Smith and Franklin A. Smith, Jr., Copartners, Trading as Franklin A. Smith & Sons and J. Edwards Smith and Franklin A. Smith, Jr., Copartners, Trading as Franklin A. Smith & Sons, Successors to the Producers’ Lumber Company, v. John J. G-uiniven.

Before Potter, Stewart, Moschzisker, Frazer and Walling, JJ.

Affirmed.

Assumpsit to recover amount paid to employee on drawing account. Before Audenried, P. J.

The facts appear by the opinion of the Supreme Court.

The lower court entered judgment for want of a sufficient affidavit of defense. Defendant appealed.

*Error*assigned, among others, was in entering judgment for plaintiff.

*424*JohnP. Connelly,*for appellant.

*Owen J. Roberts,*with him *Charles I. Cronin,*for appellees.

February 25, 1918:

Per Curiam,

It appears from the record in this case, that defendant was employed as manager of a department of plaintiffs’ business, and was to receive as compensation a sum equal to one-half of the net profits of the department. He was to have a drawn account of a fixed sum per month which was to be charged to him as' against the amount of compensation to which he might be ultimately entitled. It turned out, however, that, owing to losses through bad accounts, the business of defendant’s department yielded no profits during the period in question; and, as a result, the defendant was indebted to plaintiffs for the amount of money which had been advanced to him. There is nothing in the contract to justify the claim that the advances made to defendant were to be considered as salary, and the court below very properly held that the affidavit of defense was insufficient in so far as it was based upon a claim for salary under the contract. Defendant was not a partner, but his compensation was clearly dependent upon, and was to be measured by, the amount of profits made in his department.

The judgment is affirmed.
Exhibit 31.1
 CERTIFICATION
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of Greenville Federal Financial
Corporation;
 2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;
 3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;
 4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant and have:
 a.
    
    Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to ensure
that material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;b.
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of
the disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; andc.
    
    Disclosed in this report any change in the registrants internal control
over financial reporting that occurred during the registrants most recent fiscal
quarter (the registrants fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
 a.
    
    All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely
to adversely affect the registrants ability to record, process, summarize and
report financial information; andb.
    
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over
financial reporting.
 Date: November 14, 2008
    
    /s/David M. Kepler

David M. KeplerPresident and Chief Executive Officer
***EXHIBIT 32 (a)***

 

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

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 report on Form 10-Q of Mistral Ventures, Inc. for the period ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (“Report”), I, John Xinos, do hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

 

|   | (1) | This 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 this Report fairly represents, in all material respects, the financial condition of the registrant at the end of the period covered by this Report and results of operations of the registrant for the period covered by this Report. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

/s/ John Xinos

John Xinos

Chief Executive Officer 

Date: May 14, 2008

 

This certification accompanies this 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 registrant for the purposes of §18 of the Securities Exchange Act of 1934, as amended. This certification shall not be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of this Report), irrespective of any general incorporation language contained in such filing.

 

A signed original of this written statement required by §906 has been provided to the registrant and will be retained by the registrant and furnished to the Securities and Exchange Commission or its staff upon request.

 

 

 

 

 

 

 

 

 

47

 

 

----
Exhibit 10.34



March 4, 2003



Mr. Timothy J. Stevens

10460 Serra Street

Cupertino, CA 95014



Re: Amendment to Employment Agreement



Dear Tim,



In connection with the Employment Agreement (the Agreement) dated
September 17, 2003, by and between you and Borland Software Corporation (Borland), the parties hereby agree to amend the Agreement to add the following provision:



If Borland terminates your employment for other than Misconduct or there is a Constructive Termination, and contingent upon
your signing of a general release acceptable to Borland, Borland agrees that you will be entitled to a severance payment equal to six (6) months of base salary, less applicable taxes and other withholdings as determined by Borlands payroll
department.



Other than as expressly modified above, all of the
other terms and conditions of the Agreement dated September 17, 2003 shall remain in full force and effect without modification.



|                             |  |                                                                  
|---------------------------- |  | -----------------------------------------------------------------
|Sincerely,                  
|                            
|BORLAND SOFTWARE CORPORATION
|                             | 
|By:                          |  | /s/    KENNETH R. HAHN                                           
|                             |  |                                                                  
|                             |  | Kenneth R. Hahn Senior Vice President and
Chief Financial Officer



|                                    
|------------------------------------
|                                    
|AGREED AND ACCEPTED ON MARCH 4, 2004
|                                    
|/s/    TIMOTHY J.
STEVENS           
|                                    
|Timothy J. Stevens
EXHIBIT 23


                       CONSENT OF INDEPENDENT ACCOUNTANTS


         We consent to the incorporation by reference in the registration
statements of Giga Information Group, Inc. on Form S-8 (File Numbers 333-64409,
333-64411 and 333-64413), of our report dated February 18, 1999, on our audits
of the financial statements of Giga Information Group, Inc. as of December 31,
1998 and 1997, and for each of the three years in the period ended December 31,
1998, which report is included in the Company's 1998 Annual Report on Form 10-K.


                                                 PricewaterhouseCoopers LLP


Boston, Massachusetts
March 28, 1999