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


     

    Exhibit
      10.10


     

     

    DESCRIPTION
      OF ANNUAL INCENTIVE ARRANGEMENTS 

     

    


    Chairman,
      President and Other Staff Officers of Ingersoll-Rand Company
      Limited

     

    There
      are
      no formal Plan documents setting forth these arrangements.  However, as set
      forth in the Company's Annual Proxy Statement, the Compensation Committee of
      the
      Board of Directors approves the incentive award arrangements for the Chairman,
      President and other Company officers responsible for staff functions. 
These officers may receive annual incentive awards attributable to current
      year
      results dependent upon the Company's attainment of predetermined financial
      and
      operational goals.  In
      establishing awards for these officers, the Compensation Committee considers
      several financial metrics, including the Company’s earnings per share, free cash
      flow, and return on invested capital performance compared to the Company’s
      annual plan and also the individual’s contribution to such performance.
The
      amount of such annual awards is discretionary and is subject to general
      guidelines.  Discretionary awards may also be paid in the event that
      corporate goals are not met.

     

    Sector
      Presidents of Ingersoll-Rand Company Limited

     

    There
      is
      no formal Plan document setting forth these arrangements.  However, the
      Compensation Committee of the Board of Directors approves incentive award
      arrangements for the Sector Presidents annually which are dependent upon the
      performance of the Sector Presidents' respective business plans in two
      categories: a set of financial objectives based on planned sales, operating
      income, free cash flow and return on invested capital; and
      other
      subjective criteria applicable to the respective operations and personal
      performance of these Sector Presidents. 
      Discretionary awards may also be paid in the event that minimum financial
      objectives are not met.
EX-10.4






MILACRON INC.




NOTICE OF COMMON STOCK CREDIT




(under the Milacron Inc. Director Deferred Compensation Plan)




THIS NOTICE OF COMMON STOCK CREDIT (“Notice of Credit”) is made as of February 23, 2006 (the
“Date of Grant”) by Milacron Inc., a Delaware corporation (the “Corporation”).



WITNESSETH:




WHEREAS, the Corporation maintains the Milacron Inc. Director Deferred Compensation Plan
(“Plan”) for the benefit of its non-employee directors.



WHEREAS,      (“Director”) is a participant in the Plan.



WHEREAS, the Corporation desires to grant an initial credit to the Director’s Restricted
Sub-Account under the Plan.



NOW, THEREFORE, subject to and upon the terms, conditions and restrictions set forth in the
Plan and this Notice of Credit, and for other good and valuable consideration, the Corporation
hereby grants a credit of 18,404.908 shares of the Corporation’s common stock to the Director’s
Restricted Sub-Account under the Plan, effective as of the Date of Grant. This credit shall become
fully vested in its entirety upon the earlier of: (i) the third anniversary of the Date of Grant;
(ii) the date of the Director’s death; (iii) the date of the Director’s disability (as determined
in good faith by the Board); (iv) the date that the Director voluntarily terminates service with
the Board after having served at least six full years with the Board as a non-employee Director or
after having reached mandatory retirement age as defined under the Board’s retirement policy for
non-employee Directors as of such date; or (v) subject to the approval of the Board, the date that
the Director voluntarily terminates service with the Board (the “Vesting Date”). Such credit shall
be distributed to the Director, in accordance with the terms of the Plan, within 20 days following
the Vesting Date.



IN WITNESS WHEREOF, the Corporation has caused this Notice of Credit to be executed on its
behalf by its duly authorized officer as of the day and year first above written.




MILACRON INC.




By:

Name:

Title:
**Exhibit 32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER**

**PURSUANTTO**

**18 U.S.C.SECTION 1350,**

**ASADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Thaddeus Dupper,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge, theAnnual Report of Evolving Systems, Inc. on Form 10-K for the annualperiod ended December 31, 2009 fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 and that the informationcontained in such Form 10-K fairly presents in all material respects thefinancial condition and results of operations of Evolving Systems, Inc.

 
| /s/ Thaddeus Dupper     |   |
|-------------------------|--------|
|                    |   |
| Thaddeus Dupper         |   |
| Chief Executive Officer |   |
| March 8, 2010      |   |

 

 

This certificationis furnished with this Annual Report on Form 10-K pursuant to Section 906of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent requiredby such Act, be deemed filed for purposes of Section 18 of the SecuritiesExchange Act of 1934, as amended (the “Exchange Act”). Such certification willnot be deemed to be incorporated by reference into any filing under theSecurities Act of 1933, as amended, or the Exchange Act, except to the extentthat we specifically incorporate it by reference.

 

----
#### CHRISTIAN v. STATE.

No. 26420.

Court of Criminal Appeals of Texas.

May 6, 1953.

No attorney on appeal for appellant.

Wesley Dice, State’s Atty., Austin, for the State.

DAVIDSON, Commissioner.

Drunk driving is the offense, with punishment assessed at a fine of $50.

The instant record contains no statement of facts or bills of exception, without which nothing is presented for review.

The judgment is affirmed.

Opinion approved by the court.
EXHIBIT 31.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, Ernest J. Mrozek, certify that:

1. I have reviewed this annual report on Form 10-K of The ServiceMaster Company;

2. Based on my knowledge, this annual 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 annual
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 officers 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 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 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:   March 15, 2004


                                       /s/ Ernest J. Mrozek
                                       --------------------
                                       Ernest J. Mrozek
                                       President and Chief Financial Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-7194

DWIGHT G. SIMPKINS,

Petitioner - Appellant,

v.

HAROLD W. CLARKE, Director of the Virginia Department of 

Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Rebecca Beach Smith, Chief

District Judge. (2:13-cv-00610-RBS-LRL)

Submitted: December 18, 2014 Decided: December 23, 2014

Before SHEDD, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dwight G. Simpkins, Appellant Pro Se. Steven Andrew Witmer, 

Senior Assistant Attorney General, Richmond, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Dwight G. Simpkins seeks to appeal the district 

court’s order denying relief on his 28 U.S.C. § 2254 (2012) 

petition, and he has filed an application to proceed in forma 

pauperis, as well as a motion for a transcript at government 

expense. The district court referred this case to a magistrate 

judge, pursuant to 28 U.S.C. § 636(b)(1)(B)-(C) (2012). The 

magistrate judge recommended that the petition be dismissed as 

untimely and advised Simpkins that the failure to file timely 

specific objections to this recommendation would waive appellate 

review of a district court order based upon the recommendation.

The timely filing of specific objections to a 

magistrate judge’s recommendation is necessary to preserve 

appellate review of the substance of that recommendation when 

the parties have been warned of the consequences of 

noncompliance. Diamond v. Colonial Life & Accident Ins. Co., 

416 F.3d 310, 315-16 (4th Cir. 2005); Wright v. Collins, 766 

F.2d 841, 845-46 (4th Cir. 1985). Simpkins has waived appellate 

review by failing to file specific and relevant objections after 

receiving proper notice.* Accordingly, we deny Simpkins’ 

 * In addition, Simpkins’ informal brief merely restates his 

habeas claims and does not address the district court’s 

dispositive procedural rulings. Thus, Simpkins has also 

forfeited appellate review of the dispositive rulings. See 4th 

Cir. R. 34(b) (limiting review to the issues raised in the 

(Continued)
3

application for in forma pauperis status and his motion for 

transcript at government expense, deny a certificate of 

appealability, and dismiss the appeal.

We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional 

process.

DISMISSED

 

informal brief); Edwards v. City of Goldsboro, 178 F.3d 231, 241 

n.6 (4th Cir. 1999) (holding that failure to raise issue in 

opening brief constitutes abandonment of that issue).
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

August 29, 2006 Clifford W. Taylor,

 Chief Justice 

131028 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 131028 

 COA: 263575 

Wayne CC: 94-013688 

DENNIS GOVER, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the March 9, 2006 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). 

s0821 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

August 29, 2006 

 Clerk
<PAGE>
                                                                    EXHIBIT 32.1


                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER


         In connection with the quarterly report of Tecumseh Products Company
(the "Company") on Form 10-Q for the period ended June 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Form 10-Q"), I,
Todd W. Herrick, Chief Executive Officer 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 Form 10-Q fully complies with the requirements of Section 13(a) or
          15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m or
          78o(d)); and

     (2)  The information contained in the Form 10-Q fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.



Dated:  August 1, 2003                   BY:   /s/  TODD W. HERRICK
       ----------------------------          -----------------------------------
                                               Todd W. Herrick
                                                President and Chief Executive
                                                Officer
I 

113TH CONGRESS 

1ST SESSION H. R. 3252 

Making continuing appropriations for all departments and agencies of the 

Federal Government, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 5, 2013 

Mr. GRAYSON introduced the following bill; which was referred to the 

Committee on Appropriations 

A BILL 

Making continuing appropriations for all departments and 

agencies of the Federal Government, and for other purposes. 

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 ‘‘Fiscal Sanity Act for 

5 Appropriations’’. 

6 SEC. 2. CONTINUING APPROPRIATIONS. 

7 There is hereby appropriated for 180 days after the 

8 date of enactment of this Act— 

9 (1) for each project or activity for which budget 

10 authority was provided in the Consolidated and FurVerDate Mar 15 2010 03:41 Oct 06, 2013 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3252.IH H3252

rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 3252 IH

1 ther Continuing Appropriations Act, 2013 (Public 

2 Law 113–6), an amount equal to the budget author3 ity provided in such Act, as reduced pursuant to the 

4 Presidential sequestration order dated March 1, 

5 2013, to remain available for a comparable period of 

6 availability; and 

7 (2) for entitlements and other mandatory pay8 ments whose budget authority was provided in ap9 propriations Acts for fiscal year 2013, and for activi10 ties under the Food and Nutrition Act of 2008, such 

11 amounts as may be necessary to maintain program 

12 levels as they existed on September 30, 2013. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
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 23, 2009

p0615 

# Order

June 23, 2009

138356

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 138356 COA: 289104 Ogemaw CC: 07-002955-FH ROSCOE MARK HETTICH, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the January 9, 2009 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE J. CREW
GROUP, INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS AND STATEMENTS OF
INCOME FROM THE TWELVE MONTHS ENDED JANUARY 29, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-29-2000
<PERIOD-END>                               JAN-29-2000
<CASH>                                          38,693
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                    129,928
<CURRENT-ASSETS>                               207,631
<PP&E>                                         216,083
<DEPRECIATION>                                (77,683)
<TOTAL-ASSETS>                                 373,604
<CURRENT-LIABILITIES>                          131,702
<BONDS>                                        284,684
<PREFERRED-MANDATORY>                          173,534
<PREFERRED>                                          0
<COMMON>                                        70,537
<OTHER-SE>                                   (335,130)
<TOTAL-LIABILITY-AND-EQUITY>                   373,604
<SALES>                                        714,119
<TOTAL-REVENUES>                               716,624
<CGS>                                          394,813
<TOTAL-COSTS>                                  687,441
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              38,861
<INCOME-PRETAX>                                (8,678)
<INCOME-TAX>                                     2,050
<INCOME-CONTINUING>                            (6,628)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (6,628)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
##### 



Exhibit
10.1
 Preferred Pricing Agreement for D&B Risk Management Solutions (11-06c)
    
    (D&B LOGO)
  Effective Date: 03/19/2007
    
    Initial Term: 1 Year
    
    Schedule of Affiliates:
    
    Customer:Yes - See Attached
    
    o New     þ ExistingGoverning MA DUNS # : 122683253
    
    Subscriber # : 004012511
    
    
    
    o MDP Conversion
 PPA Terms and Conditions
       PPA Fee
    
    Band Discount: Band 7
    
    Product Usage Limits(per Contract Year)Contract Year 1: 1,034,522Contract Year 2:
    
    Applicable Pricing: D&Bs published pricingfor 2007
    
    þ International Reports 15 % of PPA FeeContract Year 3:Annual Service Fee: 599




---



##### 



Payment Terms: Due upon Receipt of Invoice  þ o o Other
 AGREED TO BY:DUN & BRADSTREET, INC.
    
    CUSTOMERApproved:
    
    Company Name: Advanta Bank Corp.Authorized Signature: /s/ Thomas M. Wickersham
    
    Authorized Signature: David W. GriffithName (Please Print): Thomas M. Wickersham
    
    Name (Please Print): David W. GriffithTitle: RVP Strategic Acct
    
    Title: SVP Credit and Marketing AnalysisDate: 3/22/07
    
    Date: March 22, 2007
 CUSTOMER BILL TO ADDRESS:
 Company Name: Advanta Bank Corp.Address: Welsh & McKean RoadsCity: Spring House
    
    State: PA
    
    Zip: 19477Attention: Dave GriffithTelephone #: (215) 444-5153
    
    
    
    Fax #:D&B D-U-N-S #: 122683253
    
    E-Mail: dgriffith@advanta.com
    
    Purchase Order#:
 SUBSCRIBER #: 004-012511
 CUSTOMER SHIPPING INFORMATION:
 Company Name: same as aboveAddress*:City:
    
    State:
    
    Zip:Attention:RM Name: Ron Needham
    
    RM #: 101818
    
    Center #: 3126RM Telephone #: (717) 413-4332
    
    Ext:
    
    E-Mail: needhamr@dnb.comRM Fax:




---



##### 



1. Licenses
     2. Restrictions on Use
      3. Copying
  4. D-U-N-S Numbers
  5. Third Party Services
   6. Payment
 1 2




---



##### 



7. Compliance with Law
  8. Disclaimers
   9. Copyrights and Other Proprietary Rights
     10. Termination
       Limitation of Liability
   12. Choice of Law; Disputes




---



##### 



13. Miscellaneous
   14 Indemnification
WEST VIRGINIA

SECRETARY OF STATE

NATALIE E. TENNANT

ADMINISTRATIVE LAW DIVISION

Do Not Mark In This Box

Form #6

OFnc[ ~-v=01 \!iAGiNlA

SECnETARY OF STATE

-----------------------------'---------------

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED

BY THE WEST VIRGINIA LEGISLATURE

AGENCY: WV Department of Environmental Protection, Division of Air Quality

AMENDMENT TO AN EXISTING RULE: YES ~ NO_

TITLE NUMBER: 45

IF YES, SERIES NUMBER OF RULE BEING AMENDED: __ 1_4__

TITLE OF RULE BEING AMENDED: Permits for Construction and Major Modifications on

Major Stationary Sources of Air pollution for the

prevention of Significant Deterioration·

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: _

TITLE OF RULE BEING PROPOSED: _

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VIRGINIA LEGISLATURE.

AUTHORlZATION IS CITED IN (house or senate bill number) =S=B-=1=53=--- _

SECTION S_e_c_ti_on..--§6_4_-_3-_I ••><-§ .. .(i)< •... -- __ , PASSED ON -=A~p;.;;.r;.;;.il..;;;.3.;;.;0,~2;.;;.0 _ ..;;;.09:__

THIS RULE IS FILED WITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE

FOLLOWING DATE: June 1,2009

Randy C. Huffman, Cabinet Secretary