alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w32



 





Exhibit 10.32




ABM INDUSTRIES INCORPORATED

RESTRICTED STOCK UNIT AGREEMENT

2006 EQUITY INCENTIVE PLAN



The Compensation Committee of the Board of Directors of ABM Industries Incorporated has approved a
grant to you (the “Grantee”) of Restricted Stock Units (“RSUs”) pursuant to the ABM Industries
Incorporated 2006 Equity Incentive Plan (the “Plan”), as described below.




	 	 	 	 	 
	Grantee Name:
	 	 	 	 
	 

	 	 	 	 
	Number of RSUs Granted:
	 	 	 	 
	 

	 	 	 	 
	Date of Grant:
	 	 	 	 
	 

	 	 	 	 
	Vesting Schedule:	 	50% on the second anniversary of the Grant Date;

remaining shares on the fourth anniversary of the Grant Date





Vesting Schedule: Provided you continue to provide services to the Company or any subsidiary or
parent of the Company through the applicable vesting date, the RSUs will vest and restrictions will
lapse as provided above. Unvested RSUs may be subject to forfeiture if you terminate employment
before the vesting date, as set forth in the Plan and the Statement of Terms and Conditions
attached hereto.



Additional Terms:  ̈ If this box is checked, the additional terms and conditions set
forth on Attachment 1 hereto are applicable and are incorporated herein by reference. (No
document need be attached as Attachment 1).



By their signatures below, the Company and the Grantee agree that the RSUs are granted under and
governed by this Restricted Stock Unit Agreement and by the provisions of the Plan and the
Statement of Terms and Conditions attached hereto. The Plan and the Statement of Terms and
Conditions are incorporated herein by reference. Capitalized terms not defined herein shall have
the meanings ascribed to them in the Plan or in the Statement of Terms and Conditions, as
applicable.



The Grantee acknowledges receipt of a copy of the Plan, the Statement of Terms and Conditions and
the Plan Prospectus, represents that the Grantee has carefully read and is familiar with their
provisions, and hereby accepts the RSUs subject to all of their terms and conditions. The Grantee
acknowledges that there may be adverse tax consequences upon settlement of the RSUs or disposition
of the shares, if any, received in connection therewith and that Grantee should consult a tax
adviser prior to such settlement or disposition.



Please sign your name in the space provided below on this Restricted Stock Unit Agreement and
return an executed copy to Sandra Briggs, ABM Industries Incorporated, 160 Pacific Ave., Ste. 222,
San Francisco, CA 94111.




	 	 	 	 	 	 	 	 	 	 	 	 	 
	ABM INDUSTRIES INCORPORATED	 	GRANTEE	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	By:
	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 
	 	 	Henrik C. Slipsager	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 	 	President & Chief Executive Officer	 	 	 	 	 	 	 	 
	Date:

	 	 	 	 	 	Date:	 	 	 	 	 	 
	 

	 	 
	 	 	 	 	 	 	 	 	 	 





ATTACHMENTS:




2006 Equity Incentive Plan

Statement of Terms and Conditions

Prospectus
| 1.     | The forgoing Report on Form 10-Q fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and                 |
|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                           |
| 2.     | The information contained in the Report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Fund. |
|   |                                                                                                                                                           |

|   |   /s/ Jeremy L. Standrod            |   |
|--------|-----------------------------------------------|--------|
|   | Jeremy L. Standrod, Managing Partner          |   |
|   | Aspen Partners, Ltd.                          |   |
|   | Managing Member of Aspen Diversified Fund LLC |   |

----
<PAGE>


                                                                    Exhibit 99.2
                                                                    ------------

     Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
     -----------------------------------------------------------------------


         I, Joseph W. Pooler, Jr., the Senior Vice President of Finance, in my
capacity as principal financial and accounting officer of Pegasus Media &
Communications, Inc., hereby certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that the Form 10-K of Pegasus Media &
Communications, Inc. for the annual period ended December 31, 2002 (the "2002
Form 10-K"), which this certification accompanies, fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m or 78o(d)) and information contained in the 2002 Form 10-K fairly
presents, in all material respects, the financial condition and results of
operations of Pegasus Media & Communications, Inc.

         A signed original of this written statement required by Section 906 has
been provided to Pegasus Media & Communications, Inc. and will be retained by
Pegasus Media & Communications, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.

Dated:  March 31, 2003


                                        /s/ Joseph W. Pooler, Jr.
                                        -----------------------------------
                                        Joseph W. Pooler, Jr.
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 on Form 10-Q of KBS Real Estate Investment Trust, Inc. (the Registrant) for the quarter ended March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, Charles J. Schreiber Jr., Chief Executive Officer and Director of the Registrant, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
that, to the best of his knowledge and belief:



|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 Registrant.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |  |  |  |  |                                                                                      
|------------------ |  |  |  |  |  | -------------------------------------------------------------------------------------
|Date: May 13, 2009 |  |  |  |  |  |                                                                                      
|                   |  |  | 
|                   |  |  |  |  |  | /s/ Charles J. Schreiber, Jr.                                                        
|                   |  |  |  |  |  | Charles J. Schreiber, Jr. Chairman of the Board, Chief Executive Officer and Director
#### American Committee of Rabbinical College of Telshe, Inc., Appellant, *v.*Board of Tax Appeals et al., Appellees.

(No. 31004

Decided December 23, 1947.)

*656
      *Mr. Gabriel Leeb,*for appellant.

*Mr. Hugh 8. Jenkins,*attorney general, and *Mr. Daronne R. Tate,*for appellees.

Hart, J.

The application for exemption from taxation of the property in question was based on the provisions of Section 5349, General Code, exempting certain public colleges, academies and lands connected with public institutions of learning. Property to be exempt from taxation as a public college or academy or as land connected with a public institution of learning must be, at the time exemption is sought, owned and operated for such purpose, without any view to profit, by the state or a political subdivision thereof, or, if privately owned, must be used exclusively for the benefit of the public as a public charity, without any view to profit. *Gerke, Treas.,*v. *Purcell,*25 Ohio St., 229, 242, 246; *Ursuline Academy of Cleveland v. Board of Tax Appeals,*141 Ohio St., 563, 49 N. E. (2d), 674; *College Preparatory School for Girls*v. *Evatt, Tax Cmmr.,*144 Ohio St., 408, 59 N. E. (2d), 142. The institution here seeking to have its property exempted from taxation does not qualify under either category. *Bloch*v. *Board of Tax Appeals,,*144 Ohio St., 414, 59 N. E. (2d), 145.

.However, the Board of Tax Appeals did not confine its consideration of the exemptibility of this property to the application as filed under Section 5349, General Code, but considered the application as though filed under Section 5353, General Code, exempting property used exclusively for charitable purposes, and held that the factual situation did not warrant ■exemption on that ground. This court cannot say that the decision of the Board of Tax Appeals as to the *657facts or as to the conclusions drawn therefrom was unreasonable or unlawful. Notwithstanding the claim that the school is open to the public generally, the evidence strongly supports the position that the institution occupying this property is a private denominational school.

In the case of *Bloch v. Board of Tax Appeals, supra,*this court held that a school organized and operated by a religious denomination for the sole purpose of training men to assume ministerial positions in such denomination and which provides no educational opportunities to the public generally is essentially a private institution, and that a building housing such a school is not exempt from taxation as being a public school or public institution of learning, or property used exclusively for a charitable purpose. The property here sought to be exempted from taxation does not qualify as being used exclusively for a charitable purpose.

The decision of the Board of Tax Appeals is affirmed.

*Decision affirmed.*

Wetgandt, C. J., Turner, Matthias, Zimmerman, Sohngen and Stewart, JJ., concur.
Method 1






Method 2






Method 3






Method 4






Thiel Slope
#### The People of the State of New York, Respondent, v Carl Smith, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered April 11, 1989, convicting him of criminal possession of a weapon in the third degree under Indictment No. 10938/ 87, upon his plea of guilty, and imposing sentence, and from an amended judgment of the same court (Goldberg, J.), rendered April 12, 1989, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his plea of guilty, and imposing sentence upon his previous conviction of attempted criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the seventh degree under Indictment No. 2611/86. The appeal brings up for review the denial, after a hearing (Grajales, J.), of that branch of the defendant’s omnibus motion under Indictment No. 10938/87 which was to suppress physical evidence.

Ordered that the judgment and amended judgment are affirmed.

The sole witness at the suppression hearing was the arresting officer who testified that while he was patrolling the Albee *658Square Mall in Brooklyn, he observed a large bulge, which he perceived to be a gun, in the back waistband of the defendant’s pants when the defendant leaned forward to play a pinball machine. In addition, the officer testified that he was also able to see about half the length of the butt of a gun. Under these circumstances, the stop of the defendant and the recovery of a .38 caliber revolver from the waistband behind the defendant’s back was proper *(see, People v Prochilo,*41 NY2d 759; *People v Rodriguez,*164 AD2d 824; *People v Cruz,*158 AD2d 293; *People v Rivera,*121 AD2d 166, *affd*68 NY2d 786; *see also, People v King,*165 AD2d 835; *People v Milliner,*146 AD2d 717). We discern no basis for disturbing the suppression court’s finding that the officer’s testimony was credible *(see, People v Tromp,*160 AD2d 750; *People v Cruz, supra; People v Rivera, supra).*

In view of our determination, there is no basis for vacatur of the plea under Indictment No. 2611/86 *(cf., People v Clark,*45 NY2d 432). Kunzeman, J. P., Balletta, Miller and O’Brien, JJ., concur.
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk June 28, 2011

p0620 

# Order

June 28, 2011

142738

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 142738 COA: 301331 Kalamazoo CC: 09-000435-FH BRYAN KEITH COX, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the January 26, 2011 order of the Court of Appeals is consider ed, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.
Order entered November 20, 2018

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-01010-CV

GIA THORNTON, INDIVIDUALLY, AS THE REPRESENTATIVE FOR ALL 

WRONGFUL DEATH BENEFICIARIES, AND AS AN HEIR AT LAW AND 

REPRESENTATIVE OF THE ESTATE OF MCQUESTER J. SOLOMON, DECEASED,

Appellant

V.

COLUMBIA MEDICAL CENTER OF PLANO SUBSIDIARY, L.P., D/B/A 

MEDICAL CITY OF PLANO, F/K/A AS MEDICAL CENTER OF PLANO, AND

JANE LEE, RN, Appellees

On Appeal from the 429th Judicial District Court

Collin County, Texas

Trial Court Cause No. 429-00366-2018

ORDER

Before the Court is appellant’s November 15, 2018 unopposed second motion for an 

extension of time to file a brief. We GRANT the motion and extend the time to December 3, 

2018.

/s/ ADA BROWN 

JUSTICE
1 

### Kelly, Shaheerah

From: Armstrong, Christopher W <chris topher.w.armstrong@exxonmobil.com>

Sent: Tuesday, April 21, 2015 6:39 AM

To: Kelly, Shaheerah

Cc: Mintz, Tom

Subject: RE: Status of McElmo Creek Unit Oil Production Facility -- PSD Permit

OK. Thanks. Chris.

From: Kelly, Shaheerah [mailto:Kelly.Shaheerah@epa.gov]

Sent: Tuesday, April 21, 2015 8:38 AM

To: Armstrong, Christopher W

Cc: Mintz, Tom

Subject: RE: Status of McElmo Creek Unit Oil Production Facility -- PSD Permit

Mr. Armstrong

,

I cannot provide a schedule at this time.

************************************

Shaheerah Kelly

Permits Office, Air Division (AIR-3)

U.S. Environmental Protec tion Agency, Region 9

San Francisco, CA 94105

Phone: 415-947-4156

Fax: 415-947-3579

Email: kelly.shaheerah@epa.gov

From: Armstrong, Christopher W [ mailto:christopher.w.armstrong@exxonmobil.com ]

Sent: Tuesday, April 21, 2015 6:35 AM

To: Kelly, Shaheerah

Cc: Mintz, Tom

Subject: RE: Status of McElmo Creek Unit Oil Production Facility

‐‐ PSD Permit

Ms. Kelly:

Any idea of when the permit is likely to be finalized? Thanks, Chris.

From: Kelly, Shaheerah [ mailto:Kelly.Shaheerah@epa.gov ]

Sent: Tuesday, April 21, 2015 8:34 AM

To: Armstrong, Christopher W

Cc: Mintz, Tom

Subject: RE: Status of McElmo Creek Unit Oil Production Facility -- PSD Permit

Mr. Armstrong,

EPA issued a proposed permit for public comment last year and has not yet issued the final permit. We will notify you

when the final permit is issued.2 ************************************

Shaheerah Kelly

Permits Office, Air Division (AIR-3)

U.S. Environmental Protec tion Agency, Region 9

San Francisco, CA 94105

Phone: 415-947-4156

Fax: 415-947-3579

Email: kelly.shaheerah@epa.gov

From: Armstrong, Christopher W [ mailto:christopher.w.armstrong@exxonmobil.com ]

Sent: Tuesday, April 21, 2015 5:54 AM

To: Kelly, Shaheerah

Cc: Mintz, Tom

Subject: Status of McElmo Creek Unit Oil Production Facility

‐‐ PSD Permit

Can you tell me the likely issuance timing for the above

‐ referenced PSD permit? Thanks, Chris.

Christopher W. Armstrong

Assistant Chief Attorney

Environmental & Safety Law

Exxon Mobil Corporation

Energy 3 4A 505

22777 Springwoods Village Parkway

Spring, Texas 77389

832.624.6429 Tel

832.584.3886 Mobile

christopher.w.armstrong@exxonmobil.com

This document may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are

not the intended recipient, you are on notice that any unauthorized disclosure, copying, distribution, or taking of any action in

reliance on the contents of this document is prohibited.
**Exhibit
      32.2**





**Certification
      of Principal** **Financial
      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 Quarterly Report of Black Nickel Acquisition Corp. III
      (the
      "Company") on Form 10-QSB for the period ending September 30, 2007 as filed
      with
      the Securities and Exchange Commission on the date hereof (the "Report"), I,
      Andrew Reckles, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant
      to
      ss. 906 of the Sarbanes-Oxley Act of 2002, that to 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/
              Andrew RecklesAndrew
              RecklesPrincipal
                Financial Officer
              November
                14, 2007
Exhibit 31.2

CERTIFICATIONS

I, Steven A. Manz, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Hercules Offshore, Inc.;

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; and

(c) 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(s) 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; and

(b) 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 7, 2006



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Steven A. Manz     
|    |  | Steven A. Manz         
|    |  | Chief Financial Officer
**EXHIBIT 32**

 

**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 Chartwell International Inc. (the “Company”) on Form 10-QSB for the period ended September 30, 2006, as filed with the Securities and Exchange Commission (the “Report”), we, Imre Eszenyi, Acting President and Chairman of the Board and Paul Biberkraut, Chief Financial and Administrative 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 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.

 

 

| Dated: October 25, 2006 |  

 /s/ Imre Eszenyi

Imre EszenyiActing President and Chairman of the Board 

(Principal Executive Officer)

  |
|-------------------------|---------------------------------------------------------------------------------------------------------------------------|

 

 

| Dated: October 25, 2006 |  

 /s/ Paul Biberkraut

Paul BiberkrautChief Financial and Administrative Officer 

(Principal Financial Officer and Principal Accounting Officer)

  |
|-------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Exhibit 10(q)

                             AMENDMENT NO. 2 TO THE
                          MINN-DAK FARMERS COOPERATIVE
                                  PENSION PLAN

         Minn-Dak Farmers Cooperative, a North Dakota cooperative association,
pursuant to the power of amendment reserved to it in Section 9.1 of the Minn-Dak
Farmers Cooperative Pension Plan, hereby adopts and publishes this Amendment No.
2 to said Plan, effective as of September 1, 2000.

         Article 1: Section 4.1(b)(i) shall be removed and replaced by adding
the following new section 4.1(b)(i):


         "(i) one point one five percent (1.15%) of the Participant's Final
         Average Monthly Compensation up to monthly Covered Compensation plus
         one point six five percent (1.65%) of the Participant's Final Average
         Monthly Compensation in excess of monthly Covered Compensation
         multiplied by years of Credited Service up to a maximum of 35 years;
         or"




         IN WITNESS WHEREOF, Minn-Dak Farmers Cooperative has caused its name to
be hereunto subscribed by its President & CEO on this 22nd day of August, 2000.


                                        MINN-DAK FARMERS COOPERATIVE


                                        By:  /s/   Larry D. Steward
                                            ------------------------------------
                                        Its:       President & CEO
                                             -----------------------------------