alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Grant of performance shares to Nicole Sherman



 Exhibit 10.25 
  
 GRANT OF PERFORMANCE SHARES 
  

RECITALS 
  

	A.	Nicole Sherman is currently Executive Vice President/Director of Retail Banking of AmericanWest Bank (the “Bank”), a wholly-owned subsidiary of AmericanWest Bancorporation
(“AWBC”). 

  

	B.	Ms. Sherman has performed well on behalf of AWBC and the Bank, and AWBC wishes to incent her to remain with the Bank and/or AWBC for the near future and reward her for her continued
good performance by granting her, in addition to her regular salary and such other compensation as may be granted her from time to time, performance shares in AWBC pursuant to the terms and conditions set forth herein. 

  
 GRANT AGREEMENT 
  

	1.	Effective June 6, 2005, AWBC grants Nicole Sherman Seven Thousand Five Hundred (7,500) shares of AWBC common stock (the “Performance Shares”) as a Performance Stock award
under AWBC’s 2001 Incentive Stock Plan. Ownership in such Performance Shares shall vest on January 4, 2010 (the “Vesting Date”) only in accordance with the following conditions: 

  

	 	(a)	Ms. Sherman is continuously employed by the Bank and/or AWBC through January 3, 2010. 

  

	 	(b)	For each full calendar year between January 1, 2005 and January 1, 2010 for which AWBC has a Return on Average Assets of less than one percent (1.0%), twenty percent (20%) of the
Performance Shares that otherwise would have vested on the Vesting Date shall lapse and all of Ms. Sherman’s rights thereto shall thereupon cease. 

  

	 	(c)	Except as otherwise provided in Section 2, no rights in any of such Performance Shares, earned or unearned, shall vest in Ms. Sherman or in anyone claiming by or under her until
January 4, 2010, at which time all right, title and interest in and to all Performance Shares earned pursuant to the conditions set forth in this Grant shall vest in Ms. Sherman. 

  

	 	(d)	Notwithstanding any other provision of this Section 1, and except as otherwise provided in Section 2, all of Ms. Sherman’s rights to vesting in the Performance Shares shall
cease upon the termination of her service for any reason as an employee from both the Bank and AWBC prior to the Vesting Date. 

  

	2.	If Ms. Sherman terminates her employment for Good Reason or is terminated without Cause (as “Good Reason” and “Cause” are defined in that certain Employment
Agreement between Ms. Sherman, AWBC and the Bank dated as of June 6, 2005, there will be an immediate acceleration of vesting of all Performance Shares granted hereunder. 

  

	3.	This Grant supersedes and replaces any grant of Performance Shares which may have been made on or after January 1, 2005 to the date hereof, which prior grant, if any, is hereby null
and void. 

  
 Agreed to as of June
6, 2005: 
  

					
			
	 /s/ Robert M. Daugherty
	 	 	 	 /s/ Nicole Sherman

	 Robert M. Daugherty, President & CEO
	 	 	 	 Nicole Sherman

	 AmericanWest Bancorporation
**Exhibit 31.1**

 

**CERTIFICATION**

 

I, Don Early, Chairman of the Board and Chief Executive Officer of QC Holdings, Inc., certify that: 

 

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

 

2. Based on my knowledge, this quarterly report does not contain any untruestatement 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 quarterly report;

 

3. Based on my knowledge, the financial statements, and otherfinancial information included in this quarterly 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 quarterly report;

 

4. The registrant’s other certifying officers and I areresponsible 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 we have: 

 

a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to bedesigned 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 quarterlyreport is being prepared; and 

 

b) reserved;and 

 

c) evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this quarterly report based on suchevaluation; and 

 

d) disclosed in this reportany 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 materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officers 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 arereasonably 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’sinternal control over financial reporting. 

 

Date: August 11, 2004
Exhibit 10.3

LOGO

|                                      |  |              
|------------------------------------- |  | -------------
|RLG/jlm/C1191.00/C1238.00/gcah.198.06 |  | July 12, 2006

Ing. Guillermo García Álvarez-Valle

Repsol YPF, S.A.

Paseo de la
Castellana, 278

28046 Madrid, Spain



| | RE: | Consent of Gaffney, Cline & Associates, Inc.
| | --- | --------------------------------------------

Dear Ing.
García:

Gaffney, Cline & Associates, Inc. (GCA) recently prepared for and submitted to Repsol YPF, S.A. (Repsol) the
following entitled reports:



| |  |  | Crude Oil and Natural Gas Reserve Audit Certification of Six Fields in San Jorge Basin, Effective December 31, 2005,dated January 2006;
| | - |  | -----------------------------------------------------------------------------------------------------------------------------------------



| |  |  | Hydrocarbon Liquids and Natural Gas Reserve Audit Certification for the Loma La Lata Field, Effective December 31, 2005,dated January 2006; and
| | - |  | -------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | Hydrocarbon Liquids and Natural Gas Reserve Audit Certification for the San Alberto and San Antonio Fields, Effective December 31, 2005,dated January
2006.
| | - |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------

As independent reserve engineers for Repsol, GCA hereby confirms that it has granted and not withdrawn its
consent to the incorporation of information derived from above entitled reports by reference in Section 2.2.1. Exploration and Production in Repsols annual report on Form 20-F, for the year ended December 31, 2005, and in
the Supplementary Information on Oil and Gas Exploration and Production Activities (unaudited information) to the Consolidated Financial Statements included therein.

We also consent to the reference to our firm and the inclusion of information derived from our reports through incorporation by reference of the named Form 20-F in the Registration Statements Nos. 333-12254 and
333-10669 filed with the United States Securities and Exchange Commission.

Very truly yours,

GAFFNEY CLINE & ASSOCIATES, INC.

LOGO

Bill Cline

LOGO
EXHIBIT 32.2

                           CERTIFICATION OF PRINCIPAL
                          FINANCIAL OFFICER PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the Quarterly Report of The Flooring Zone, Inc. on
Form 10-QSB for the quarter ended September 30, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Michael Carroll, Principal Financial Officer of the Company,
certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss. 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 result of
                  operations of the Company.



Date: November 13, 2006                                /s/ Michael Carroll
                                                    ----------------------------
                                                     Michael Carroll
                                                     Principal Financial Officer
EXHIBIT 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      I, Thomas P. Russo, Executive Vice President, Treasurer and Chief
Financial Officer of MetaMorphix, Inc. (the "Registrant"), certify that to the
best of my knowledge, based upon a review of the quarterly report on Form 10-QSB
for the period ended March 31, 2005 of the Registrant (the "Report"):

          (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
    Registrant.

                                   By:             /s/ Thomas P. Russo

                                                   Thomas P. Russo
                                       EXECUTIVE VICE PRESIDENT, TREASURER AND
                                             CHIEF FINANCIAL OFFICER OF
                                                  METAMORPHIX, INC.


Date:  October 3, 2006
EXHIBIT 10.53

SECOND AMENDMENT

This Second Amendment (the "Second Amendment") is made and entered into as of this 1st day of April, 2011 (the
"Second Amendment Effective Date") and amends the Amended and Restated Employment Agreement dated as of September 29, 2008 as further amended by the First Amendment dated August 31, 2009
(collectively, the "Employment Agreement"), by and between NEW FRONTIER MEDIA, INC. ("NFM") and GRANT WILLIAMS ("Executive"). Unless otherwise defined herein, all capitalized terms used shall
have the meaning ascribed to them in the Employment Agreement.

In
consideration of the foregoing, and other good and valuable consideration, including Executive's continued employment with NFM, the receipt and sufficiency of which are hereby
acknowledged, Executive and NFM hereby agree as follows:

I.     AMENDMENTS TO AGREEMENT

Section 1 "Term" is hereby amended by deleting such section in its entirety and replacing the same with the
following:



II.    GENERAL PROVISIONS

All other terms and conditions of the Employment Agreement that have not been specifically amended herein shall remain in full force and effect. This Second
Amendment, together with the Employment Agreement, contains all of the terms and conditions agreed upon by the parties hereto regarding the subject matter hereof. All prior agreements, promises,
negotiations and representations, either oral or written, relating to the subject matter of this Second Amendment or the Employment Agreement not expressly set forth in this Second Amendment or the
Employment Agreement are of no force or effect. Any waiver, alteration or modification of any of the terms of this Second Amendment shall be valid only if made in writing and signed by both parties
hereto. This Second Amendment may be executed in up to two counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument.

IN
WITNESS WHEREOF, the parties have executed this Amendment as of the date first set forth above.

NEW FRONTIER MEDIA, INC.

EXECUTIVEBy:

/s/ MICHAEL WEINER

By:

/s/ GRANT WILLIAMSName: Michael Weiner

Name: Grant WilliamsTitle: Chief Executive Officer


---



QuickLinks
Exhibit 10.15


E-Z- EM Inc.

iPark Building, Suite LL-26

1111 Marcus Avenue

Lake Success, NY 11042


June 18, 2005


Kalaty Properties, Corp.

443 Park Avenue South

New York, NY 10016

Attention: Farshad Kalaty

Fax: 212-689-2705


Copy to:

Zaccaria & Sasson

175 East Shore Road

Great Neck, NY 11023

Attention: William Zaccaria

Fax: 516-487-1497


BY FACSIMILE

BY REGISTERED MAIL, RETURN RECEIPT


RE:
Agreement for Purchase and Sale of 717 Main Street, Westbury, New York


Gentlemen:


We refer to the Agreement for Purchase and Sale of 717
Main Street, Westbury, New York (the “Property”), dated as of May 19, 2005 (the
“Agreement”) between E-Z-Em Inc. (the “Seller”) and Kalaty Properties Corp.
(the “Buyer”). All terms used herein and not defined shall have the meaning set
forth in the Agreement.


Seller hereby agrees to extend the Diligence Period,
as defined in the Agreement, to end on the earlier of (i) the waiving or the
satisfaction of the environmental contingency set forth in Section 3.1(a) of
the Agreement by notice to Seller or (ii) 5:00 p.m. Eastern Standard Time on
July 22, 2005, TIME BEING OF THE ESSENCE.


Very truly yours,


E-Z-EM INC.


	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Dennis
  J. Curtin

  
	
   

  	
  


  	
   

  
	
  Name:

  	
  Dennis
  J. Curtin

  
	
  Title:

  	
  Senior
  Vice President, Chief Financial Officer

  	
   

  



-129-
#### STATE of Louisiana v. Stephen A. MURLEY.

No. 87-K-2729.

Supreme Court of Louisiana.

Feb. 26, 1988.

In re Murley, Stephen A.; applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. KA87 0084; Parish of St. Tammany, 22nd Judicial District Court, Div. “A”, Nos. 147767960, 147768.

Prior report: La.App., 614 So.2d 1189.

Denied.
Exhibit 10.37  Portions
of this Exhibit have been redacted pursuant to a request for confidential
treatment under Rule 24b-2 of the General Rules and Regulations under
the Securities Exchange Act.  Omitted information, marked [***] in this
Exhibit, has been filed with the Securities and Exchange Commission together
with such request for confidential treatment.  SECOND AMENDMENT TO THE
SATELLITE CAPACITY LEASE  This Second Amendment,
effective as of March 13, 2008 (Effective Date) hereby amends the
Satellite Capacity Lease that was entered into by and between COLORADO
SATELLITE BROADCASTING, INC. a Colorado Corporation (Network) and
TRANSPONDER ENCRYPTION SERVICES CORPORATION (TESC) as of the 24th day
of October, 2006, as amended (collectively, the Agreement).  Except as otherwise indicated herein,
capitalized terms used in this Second Amendment shall have the same meaning as
set forth in the Agreement.  In consideration of the
mutual covenants set forth herein, and for other valuable consideration, the
sufficiency of which is hereby acknowledged, Network and TESC agree as fellows:  1.Amendments to Agreement. 
The following provisions amend certain provisions set forth in the
Agreement and shall govern the parties relationship with respect to the Agreement.  Section 3.1.2 Rent is hereby amended by deleting the two
references to [***] in subsections (a) and (b) and replacing the same
with [***].  Exhibit A Programming Schedule is hereby amended by deleting the
second numbered paragraph that currently states, 2. The [***] Channel which
has an [***] rating and replacing such paragraph with, 2. The [***] Channel
which has an [***] rating.  2.All of the
terms and conditions set forth in the Agreement shall remain in full force and
effect, except to the extent that such terms and conditions are modified by or
in conflict with the provisions of this Second Amendment, in which case the
provisions of this Second Amendment shall prevail.  Subject to the foregoing, this Second
Amendment and the Agreement (including all other amendments, addenda, schedules
and exhibits thereto) shall be deemed one and the same document, and references
in the Agreement to the Agreement shall be deemed to refer to the Agreement
as amended by this Second Amendment  ACCEPTED
AND AGREED:  TRANSPONDER
  ENCRYPTION
  COLORADO
  SATELLITESERVICES
  CORPORATION
  BROADCASTING,
  INC.By:
  /s/
  Mark Jackson
  
  By:
  /s/
  Ira BahrName:
  Mark
  Jackson
  
  Name:
  Ira
  BahrTitle:
  President
  ETC
  
  Title:
  COO
#### In the Matter of the Succession of Peter J. LOSAVIO, Sr.

No. 88-CD-1283.

Supreme Court of Louisiana.

May 24, 1988.

In re Nigro, Antionette Losavio — Third Party; applying for remedial, certiorari, prohibition, mandamus and supervisory writs; Parish of East Baton Rouge, 19th Judicial District Court, Div. “G”, No. 41877.

Granted to clarify previous order. The trial court is instructed to hold a hearing to determine which issues must be resolved to conclude this succession and thereafter to proceed as expeditiously as possible, according to law, to conclude the matter.
Exhibit 31.2

CERTIFICATIONS

I,
Patrick Bratton, certify that:

1. I have reviewed this Form 10-Q of Atlantic Broadband Finance, LLC;

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 quarterly 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 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 we 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 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 function):

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: August 11, 2010



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Patrick Bratton    
|    |  | Patrick Bratton        
|    |  | Chief Financial Officer
#### STATE of Louisiana v. Antoinne WILLIAMS.

No. 86-K-0485.

Supreme Court of Louisiana.

July 1, 1986.

In re Williams, Antoinne; applying for writ of certiorari and/or review; to the Court of Appeal, Fifth Circuit, No. 85-KA-406; Parish of Jefferson, 24th Judicial District Court, Div. “A”, No. 84-2658.

Prior report: La.App., 483 So.2d 626.

Granted.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
REGISTRANT'S  CONSOLIDATED  BALANCE SHEET AT DECEMBER 28, 1998 AND  CONSOLIDATED
STATEMENT OF  OPERATIONS  FOR THE FISCAL YEAR ENDED  DECEMBER  28, 1998,  AND IS
QUALIFIED  IN ITS  ENTIRETY BY  REFERENCE  TO SUCH  FINANCIAL  STATEMENTS.  THIS
EXHIBIT  SHALL NOT BE DEEMED  FILED FOR PURPOSE OF SECTION 11 OF THE  SECURITIES
ACT OF 1933 AND SECTION 18 OF THE SECURITIES  EXCHANGE ACT OF 1934, OR OTHERWISE
SUBJECT TO THE LIABILITY OF SUCH SECTIONS,  NOR SHALL IT BE DEEMED A PART OF ANY
OTHER  FILING WHICH  INCORPORATES  THIS REPORT BY  REFERENCE,  UNLESS SUCH OTHER
FILING EXPRESSLY INCORPORATES THIS EXHIBIT BY REFERENCE.
</LEGEND>
<MULTIPLIER> 1000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-28-1998
<PERIOD-START>                             DEC-30-1997
<PERIOD-END>                               DEC-28-1998
<EXCHANGE-RATE>                                      1
<CASH>                                           7,294
<SECURITIES>                                         0
<RECEIVABLES>                                    2,096
<ALLOWANCES>                                         0
<INVENTORY>                                        840
<CURRENT-ASSETS>                                10,823
<PP&E>                                          54,109
<DEPRECIATION>                                (14,914)
<TOTAL-ASSETS>                                  70,255
<CURRENT-LIABILITIES>                           13,630
<BONDS>                                         28,264
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                      26,362
<TOTAL-LIABILITY-AND-EQUITY>                    70,255
<SALES>                                        115,324
<TOTAL-REVENUES>                               115,324
<CGS>                                           33,242
<TOTAL-COSTS>                                  103,069
<OTHER-EXPENSES>                                 5,872
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,218
<INCOME-PRETAX>                                  4,165
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              4,165
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,165
<EPS-PRIMARY>                                     0.42
<EPS-DILUTED>                                     0.39
        

</TABLE>