alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w25



 






Exhibit 10.25




XenoPort, Inc.

Term Sheet for Director Cash Compensation




     Effective immediately upon the signing of the underwriting agreement for the initial public
offering of common stock, the Board of Directors (the “Board”) of XenoPort, Inc., a Delaware
corporation (the “Company”) approved a policy regarding cash compensation for its non-employee
directors. The policy provides that:




	•  	each non-employee director will receive $15,000 per year for service as a board
member;






	•  	the chairman of the Board will receive an additional $10,000 per year for
service as chairman of the Board;






	•  	each non-employee director will receive an additional $2,000 for each Board
meeting attended in person ($1,000 for meetings attended by video or telephone
conference);






	•  	the chairman of the audit committee will receive an additional $5,000 per year
for service as chairman of the audit committee;






	•  	each member of the audit committee will receive $1,000 per committee meeting
attended in person (or by video or telephone conference);






	•  	the chairmen of the compensation committee and nominating and corporate
governance committee will each receive an additional $2,500 per year for service as
chairmen of the compensation and nominating and corporate governance committees;
and






	•  	each member of the compensation and nominating and corporate governance
committees will receive $500 per committee meeting attended in person (or by video
or telephone conference).





     All of the Company’s directors are reimbursed for out-of-pocket expenses incurred in
attending Board and committee meetings.
MICHAEL M. MASSEY,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D15-3889

_____________________________/

Opinion filed November 5, 2015.

An appeal from an order of the Circuit Court for Okaloosa County.

John T. Brown, Judge.

Michael M. Massey, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Lauren L. Gonzalez, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

SWANSON, MAKAR, and BILBREY, JJ., CONCUR.
<PAGE>

                                                                 Exhibit 10.6

                                AMENDMENT NO. 1 TO THE
                              ARM FINANCIAL GROUP, INC.
                     1998 NON-EMPLOYEE DIRECTOR STOCK OPTION PLAN


        WHEREAS, ARM Financial Group, Inc., a Delaware corporation (the 
"Company"), has adopted the ARM Financial Group, Inc. 1998 Non-Employee 
Director Stock Option Plan (the "Plan"; terms used herein without definition 
shall have the meanings ascribed to them as set forth in the Plan);

        WHEREAS, Section 12 of the Plan permits the Board of Directors of the 
Company to amend the Plan at any time and from time to time in whole or in 
part; and

        WHEREAS, the Board of Directors desires to amend the Plan in the 
manner set forth below.

        NOW, THEREFORE, the Plan is hereby amended as follows:

        1. The definition of "MORGAN STANLEY STOCKHOLDERS" in Section 2 of 
the Plan is hereby deleted in its entirety.

        2. Section 4 of the Plan is hereby amended in its entirety to read as 
follows:

                 Options awarded pursuant to the Plan shall be granted only to
        active members of the Board who are not, as of the date of any Option
        grants, employees of the Company or any of its Subsidiaries or 
        affiliates (each an "ELIGIBLE DIRECTOR", and collectively, the 
        "ELIGIBLE DIRECTORS").

        3. The first sentence of Section 5(a)(ii) of the Plan is hereby 
amended in its entirety to read as follows:

                 On the date of an Eligible Director's initial election or
        appointment to the Board or the date on which a member of the Board
        becomes an Eligible Director (other than a Director who was an 
        employee of the Company at any time during the 12 calendar months prior
        to such date), such Eligible Director (including any Eligible Director
        reelected or reappointed after a period of at least 12 calendar months
        during which he did not serve on the Board) shall be granted an Initial
        Award consisting of an Option to purchase 10,000 shares of Common Stock.

        4. Except as set forth herein, the Plan is hereby ratified and 
confirmed in all respects.

<PAGE>

        IN WITNESS WHEREOF, this Amendment No. 1 to the ARM Financial Group, 
Inc. 1998 Non-Employee Director Stock Option Plan has been executed as of the 
18th day of February, 1999.

                                   ARM FINANCIAL GROUP, INC.


                                   By:       /s/Martin H. Ruby
                                      --------------------------------------
                                   Name:  Martin H. Ruby
                                   Title: Chairman and Chief Executive Officer

ATTESTED TO:


By:    /s/ Patricia L. Tackett
   ---------------------------------------
Name:  Patricia L. Tackett
Title: Secretary
<PAGE>

                                                                    EXHIBIT 99.2

                            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 Quarterly Report of Huntington Preferred
Capital, Inc. (the "Company") on Form 10-Q for the quarter ending March 31,
2003, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, John D. Van Fleet, Vice President of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

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

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

                                         /s/ John D. Van Fleet
                                         --------------------------------------
                                             John D. Van Fleet, Vice President
                                             (chief financial officer)
                                             May 15, 2003
Filed: June 5, 2002 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6333 (CR-95-370, CA-02-152)
United States of America, Plaintiff - Appellee, versus Warren Thomas, Sr., Defendant - Appellant.

ORDER The court amends its opinion filed May 9, 2002, as follows: On the cover sheet, section 5 -- the panel information is corrected to read “Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.” For the Court - By Direction
/s/ Patricia S. Connor ClerkUNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6333

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus WARREN THOMAS, SR., Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., District Judge. (CR-95-370, CA-02-152) Submitted: April 26, 2002 Decided: May 9, 2002 Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Warren Thomas, Sr., Appellant Pro Se. Elizabeth Jean Howard, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* A panel of this court recently heard argument in United States v. Emmanuel , No. 00-7578, on the issue of whether a district court must notify a pro se litigant that it intends to construe a filing that is not so labeled as a § 2255 motion and afford the movant the opportunity to withdraw the motion in order to avoid the restrictions on second or successive motions under § 2255. This case will not be controlled by the decision in Emmanuel , however, because Thomas has previously filed a first § 2255 motion and, therefore was not prejudiced by the district court’s failure to provide him notice and an opportunity to withdraw prior to construing his motion as one filed under § 2255. Thomas’ recourse is a motion in this court under 28 U.S.C.A. § 2244 (West 1999 & Supp. 2001), for authorization to file a successive § 2255 motion. 3 PER CURIAM: Warren Thomas, Sr., seeks to appeal the district court’s order denying his motion nominally filed under Fed. R. Civ. P. 60, which the district court construed as filed under 28 U.S.C.A. § 2255 (West Supp. 2001). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See United States v. Thomas , Nos. CR-95-370; CA-02-152 (D.S.C. Jan. 16, 2002). We also note that the Thomas’ § 2255 motion is successive and, thus, is unaffected by this Court’s recent decision in Hill v. Braxton , 277 F.3d 701 (4th Cir. 2002). * We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
EXHIBIT 21

                         SUBSIDIARIES OF THE REGISTRANT


                                                State or Country
Name                                           of Incorporation

Century Casinos Management, Inc.                        Delaware
Century Casinos Nevada, Inc.                              Nevada
Century Management u. Beteiligungs GmbH                  Austria
Century Casinos Cripple Creek, Inc.                     Colorado
WMCK-Acquisition Corp.                                  Delaware
WMCK-Venture Corp.                                      Delaware
Century Casinos Africa (Pty) Limited                South Africa
Century Casinos Caledon (Pty) Limited               South Africa
Century Casinos West Rand (Pty) Limited             South Africa
Rhino Resort Limited                                South Africa
I 

115TH CONGRESS 

2D SESSION H. R. 5061 

To amend title 46, United States Code, to limit recovery for certain injuries 

incurred in shellfish aquaculture activities if a remedy is available. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2018 

Mr. SANFORD introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 46, United States Code, to limit recovery 

for certain injuries incurred in shellfish aquaculture activities if a remedy is available. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Shellfish Aquaculture 

5 Improvement Act of 2018’’. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HR 5061 IH

1 SEC. 2. LIMITATION ON RECOVERY FOR CERTAIN INJURIES 

2 INCURRED IN SHELLFISH AQUACULTURE AC3 TIVITIES IF STATE REMEDY IS AVAILABLE. 

4 Section 30104 of title 46, United States Code, is 

5 amended— 

6 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

7 the first sentence; and 

8 (2) by adding at the end the following: 

9 ‘‘(b) LIMITATION ON RECOVERY BY AQUACULTURE

10 WORKERS.—For purposes of subsection (a), the term ‘sea11 man’ does not include an individual who is an aquaculture 

12 worker, as that term is defined in section 701.302(c)(5) 

13 of title 20, Code of Federal Regulations, as in effect on 

14 the date of the enactment of the Shellfish Aquaculture Im15 provement Act of 2018, if State workers’ compensation 

16 is available to such individual.’’. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS
EX-10.3



 





Exhibit 10.3


April 11, 2005                    




ACKNOWLEDGEMENT



As we discussed, the Company has determined to terminate its Long Term Performance program (the
“Old Program”) for all performance periods ending after March 31, 2005. Effective April 1, 2005,
the Old Program is being replaced with a combination of stock-based incentives which the Company
believes better serves its strategic objectives (the “New Program”). Your employment agreement
dated February 1, 2005 (your “Employment Agreement”) makes reference to the Old Program in section
3(c) and this will confirm that you and we agree that such references are to be considered
references to the New Program and any successor program that the Company may adopt from time to
time. Further, in consideration of your eligibility to participate in the New Program, you agree
that:



1. You hereby waive any and all rights to any payments under the Old Program for any performance
period ending after March 31, 2005; and



2. The last sentence of section 3(c) of your Employment Agreement is hereby deleted and replaced
with the following: “The target award level under the Company’s Long-Term Incentive Plan will be at
least $2,200,000 for the award period beginning April 1, 2005.”



Except as modified by this letter, the terms of your Employment Agreement remain unchanged. Please
acknowledge your agreement to the terms of this letter and the modifications of your Employment
Agreement by signing and dating the enclosed copy of this letter.




	 	 	 
	

	 	Sincerely,
	 
	 	 
	

	 	/s/ Andrew Goodman
	

	 	Andrew Goodman
	

	 	Senior Vice President, Human Resources
	 
	 	 
	Agreed to and accepted by:
	 	 
	 
	 	 
	/s/ Robert W. Davis
	 	 
	Robert W. Davis
```

[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[Extensions of Remarks]
[Page E1555]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                   HISPANIC SERVING INSTITUTIONS WEEK

                                 ______
                                 

                          HON. EDWARD R. ROYCE

                             of california

                    in the house of representatives

                     Wednesday, September 19, 2012

  Mr. ROYCE. Mr. Speaker, I rise to recognize and celebrate Hispanic 
Serving Institutions (HSI) Week. As Hispanic Heritage Month began 
September 15 and runs until October 15, 2012, I would like to 
acknowledge the numerous accomplishments the Hispanic community has 
achieved and continues to contribute to our nation. This week, 
September 16 to September 22, 2012, it is important to honor Hispanic 
Serving Institutions because they play an integral part in 
strengthening the Hispanic community through fulfilling students' 
higher educational needs.
  In Orange County, California, I am proud to highlight California 
State University Fullerton (CSUF), my Alma Mater. In a county where 
33.8% identify themselves as coming from Hispanic or Latino decent, not 
only is CSUF the only Hispanic Serving Institution in Orange County, it 
is the first in California and fourth in the United States in awarding 
baccalaureate degrees to Hispanic students. Additionally, it also ranks 
19th nationally in Graduate Student enrollment. Educational 
institutions, like CSUF, embody the opportunity that translates to 
future success.
  As the Hispanic community continues to grow, HSIs shape and promote 
education by providing the necessary tools to achieve academic success 
in fields ranging from science to business. Ultimately, these 
institutions empower citizens who work to give back and improve our 
nation. Where the Hispanic community remains an influential and growing 
force, not only in California, but nationally, it is important to 
distinguish HSI's commitment to academics as vital to the United 
States' success and growth.

                          ____________________
```
```

[Congressional Record Volume 158, Number 129 (Friday, September 21, 2012)]
[Extensions of Remarks]
[Page E1613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                   CELEBRATING NATIONAL GEAR UP WEEK

                                 ______
                                 

                           HON. CHAKA FATTAH

                            of pennsylvania

                    in the house of representatives

                       Friday, September 21, 2012

  Mr. FATTAH. Mr. Speaker, last week the nation celebrated National 
GEAR UP Week. Communities across the country committed themselves to a 
brighter future for their students and families and emphasized the 
important role college plays in future success. I would like to draw 
the attention of my colleagues to a few of these celebrations. 
Governors in Arizona, Hawaii, Kentucky, Oklahoma, Washington, Wisconsin 
and North Carolina received proclamations from their governors. In 
Santa Ana and Sacramento, California and Roswell, New Mexico, they 
received proclamations from their mayors.
  Our colleagues Mr. Lungren and Ms. Matsui issued proclamations 
celebrating the GEAR UP work in their Districts. In San Marcos, 
California they hosted an inaugural GEAR UP partnership reception with 
their local Chamber of Commerce and presented certificates of 
recognition to Congressman Hunter and State Senator Mark Wyland. In 
Waterbury, Connecticut they held a middle school parent evening and 
were joined by special guest NBA star, Ryan Gomes. Congressman Hanna 
issued a proclamation and Congressman Reyes presented a letter to the 
GEAR UP community in Deep South Texas. Congressman Cuellar spoke to 
students in Laredo, Texas along with Debra Saunders-White from the US 
Department of Education.
  Many other GEAR UP partnership and state grantees conducted college 
scavenger hunts, created Dream Walls, discussed the college experience 
of school faculty and staff and engaged parents and partners.
  I'm proud of the hard work of our students, their parents, and GEAR 
UP program staff and I know I speak for this body when I say 
congratulations on what you have accomplished so far and best of luck 
in the school year ahead!

                          ____________________
```
```

[Congressional Record Volume 158, Number 129 (Friday, September 21, 2012)]
[Extensions of Remarks]
[Page E1640]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

         RECOGNIZING VALLEY MEDICAL'S ALLIANCE WITH UW MEDICINE

                                 ______
                                 

                            HON. ADAM SMITH

                             of washington

                    in the house of representatives

                       Friday, September 21, 2012

  Mr. SMITH of Washington. Mr. Speaker, I rise to honor Valley Medical 
Center, located in Renton, Washington, for being named one of the Best 
Hospitals in the Puget Sound by U.S. News & World Report. The hospital 
is also celebrating the one-year anniversary of Valley Medical Center's 
alliance with University of Washington Medicine. The alliance has 
increased the availability and quality healthcare to the Puget Sound 
region.
  Since partnering with UW Medicine, Valley Medical Center has 
increased services and clinical expertise for residents by expanding 
coverage in neurological and thoracic surgery. Valley Medical Center 
has also expanded education and training programs. These programs 
create better access to primary care and other forms of specialized 
care when needed. The Best Hospitals ranking also honored Valley 
Medical Center for high performance in orthopedics, diabetes, and 
endocrinology.
  Valley Medical Center hopes to bring more expansion in clinical areas 
as their alliance with UW Medicine grows. The alliance most importantly 
hopes to reduce the overall cost of healthcare and make access to care 
readily available. Since the recent enactment of healthcare reform, 
Valley Medical Center's clinics and UW Medicine's neighboring clinics 
have already improved their accessibility by having world class 
specialists readily available.
  Mr. Speaker, it is with great honor that I recognize the 
accomplishments of Valley Medical Center and the one-year anniversary 
of Valley Medical Center's alliance with UW Medicine. I am confident 
that the alliance will strengthen and continue to provide remarkable 
care to the community for years to come.

                          ____________________
```
```

[Congressional Record Volume 158, Number 120 (Monday, September 10, 2012)]
[Senate]
[Page S6054]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                         TRIBUTE TO ALAN HAMEL

 Mr. UDALL of COLORADO. Mr. President, today I wish to pay 
tribute to a true leader of Colorado's water community, Mr. Alan Hamel. 
Alan retired from his position on the Board of Water Works of Pueblo, 
CO, at the end of August after more than 50 years of service for the 
board.
  Alan began his career as a student helper in 1960 working summers for 
the board. He returned after graduating from Colorado State University 
in Pueblo to become a full-time pump station operator. Over the next 20 
years, Alan worked his way up the ladder through various management 
positions until he was appointed executive director in 1982.
  Under Alan's direction, Pueblo has built one of the most modern water 
infrastructure systems in the Nation. Because of his leadership, the 
Pueblo area's future water supplies are sufficient and secure, which is 
truly impressive given all of the water challenges facing Colorado. The 
board has also benefited from extraordinary continuity during Alan's 
29-year tenure at the helm, which I am confident will continue under 
new executive director Terry Book's guidance.
  Alan has also been a water leader statewide. He is a member of the 
Colorado Water Conservation Board, CWCB, Colorado Water Congress, CWC, 
and Statewide Water Supply Initiative. He has also held leadership 
positions on the Southeastern Colorado Water Conservancy District and 
Arkansas Basin Roundtable among many others. He also received CWC's top 
award in 2010, the prestigious Wayne Aspinall Water Leader of the Year 
Award, for his lifetime of achievement.
  On a more personal level, Alan has earned the respect and admiration 
of the Colorado water community because he is a true public servant in 
the best sense of the word. He is unflappable, a fountain of knowledge 
about water, and always seeks common ground with opposing views while 
fighting fiercely and fairly for the needs of his community. He cares 
deeply about Pueblo and Colorado and has served both remarkably.
  And above all, Alan is a family man who knows none of this could be 
possible without the support of his wife Mary Kay and children. While 
he lives and breathes water, his family comes first and foremost.
  As with most water warriors, Alan's retirement will only be partial. 
He will continue his work on CWCB and the Arkansas Basin Roundtable, 
and I am sure many of us will still call upon his wisdom and experience 
often. I suppose after more than 50 years of service he has earned the 
right to switch to part-time work.
  I wish him well in his next endeavors and congratulate him on an 
impressive career.

                          ____________________
```