alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10-P-12 Form of Final Award Notification Letter for 2005 Performance-Based
      Restricted Stock Equivalents.**


    Exhibit
      10-P-12

     

    


    Form
      of Final Award Notification Letter for 2005 Performance-Based Restricted Stock
      Equivalents

    


    


    World
      Headquarters, Room 538 

    One
      American Road

    Dearborn,
      MI 48126-2798

     

    March
      ___, 2006

    Dear
        
      ,

    


    In
      March
      2005, the Compensation Committee of the Board of Directors awarded you the
      opportunity to earn restricted stock equivalents (RSEs). The size of this award
      opportunity was calculated by converting one-half of the value of the amount
      of
      stock options that you otherwise would have received to an equivalent value
      of
      RSEs. The Compensation Committee designated the following as the 2005
      performance objectives for this award:

    


    
      	·  	
              Company
                Performance

            


    

    
      	·  	
              Strategic
                Direction and Operational
                Effectiveness

            


    

    
      	·  	
              Leadership

            


    

    
      	·  	
              People
                and Culture

            


    

    


    The
      Compensation Committee has reviewed the 2005 performance-to-objectives and
      determined the 2005 award will pay
      out at ___%
      of the
      grant. Therefore, you are being awarded [ ] RSEs.

    


    Your
      RSE
      award will be subject to a one-year restriction period, ending March ____,
      2007,
      during which time dividend equivalents will be paid in cash. As soon as
      practicable after the restriction lapses, shares of Ford Motor Company Common
      Stock will be issued to you, less any shares withheld to cover any tax liability
      on the value of the grant. 

    


    Your
      RSE
      award is made under the 1998 Long-Term Incentive Plan and is subject to its
      terms and conditions. 

    


    If
      you
      have any questions regarding your RSE award, please contact [ ] at [ ] or [
      ] at
      [ ]. 

     

    Regards,

    


    


    


    [
      ],
      Executive Director

    Compensation
      & Benefits
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              MAR-31-1998
<PERIOD-START>                                 APR-01-1997
<PERIOD-END>                                   DEC-31-1997
<CASH>                                                 463
<SECURITIES>                                             0
<RECEIVABLES>                                          802
<ALLOWANCES>                                           (16)
<INVENTORY>                                            397
<CURRENT-ASSETS>                                     1,750
<PP&E>                                                 671
<DEPRECIATION>                                        (588)
<TOTAL-ASSETS>                                       1,950
<CURRENT-LIABILITIES>                                  773
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               205
<OTHER-SE>                                             607
<TOTAL-LIABILITY-AND-EQUITY>                         1,950
<SALES>                                              3,191
<TOTAL-REVENUES>                                     3,191
<CGS>                                                1,193
<TOTAL-COSTS>                                        1,193
<OTHER-EXPENSES>                                     1,386
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                     (37)
<INCOME-PRETAX>                                        581
<INCOME-TAX>                                           232
<INCOME-CONTINUING>                                    349
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                           349
<EPS-PRIMARY>                                         0.17
<EPS-DILUTED>                                         0.17
        


</TABLE>
#### BAKER v. STATE.

No. 23992.

Court of Criminal Appeals of Texas.

March 31, 1948.

H. H. Cooper, of Amarillo, for appellant.

Ernest S. Goens, State’s Atty., of Austin, for the State.

KRUEGER, Judge.

The offense is robbery by assault. The punishment assessed is confinement in the state penitentiary for a term of five years.

The question of the sufficiency of the evidence is not raised and such could not be successfully maintained under the facts of the case. The only question presented for review relates to the court’s action in declining to accord him the benefit of the Adult Probation and Parole Law. This matter rests entirely within the sound discretion of the trial court; and it seems that appellant realizes this but claims that the trial court abused his discretion with respect thereto because on the hearing of his application for probation, he proved that he was past seventeen and under eighteen years of age; that he had never theretofore been charged with an offense; that he was a good and obedient negro boy; that his parents were good negroes; that this evidence was not controverted but notwithstanding the evidence touching his good conduct, the court declined to accord him the benefit of the Adult Probation and Parole Law. See Art. 781b,. Vernon’s Ann. C.C.P.

 There is no provision made in Art. 781b, Vernon’s Ann.C.C.P. for an appeal to this court in the event 'the trial court declines to accord to one convicted of an offense the benefit of the Adult Probation *770and Parole Law. There are only two instances in which an appeal may be taken, first, when the accused has been convicted and granted a parole he may nevertheless appeal from the judgment of conviction, and second, where he had been placed on probation or parole, after conviction, and his parole has been revoked.

From what we have said it follows that the judgment of the trial court should be affirmed and it is so ordered.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
**Exhibit 32.2**

 

**CERTIFICATION OF CHIEF FINANCIALOFFICER**

**PURSUANT TO**

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

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

 

I, Brian R. Ervine, certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that, to the best of my knowledge, the Annual Report of Evolving Systems, Inc.on Form 10-K for the annual period ended December 31, 2009 fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 and that the information contained in such Form 10-Kfairly presents in all material respects the financial condition and results ofoperations of Evolving Systems, Inc.

 
| /s/ Brian R. Ervine                                  |   |
|------------------------------------------------------|--------|
|                                                 |   |
| Brian R. Ervine                                      |   |
| Executive Vice President and Chief Financial Officer |   |
| March 8, 2010                                   |   |

 

 

This certification isfurnished 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.

 

----
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6841

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROBERT FERDINAND ANNEHEIM, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (CR-99-20, CA-01-1-5) Submitted: August 29, 2002 Decided: September 5, 2002 Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Robert Ferdinand Anneheim, Appellant Pro Se. Robert Jack Higdon, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Robert Ferdinand Anneheim seeks to appeal the district court’s order denying his motion filed under 28 U.S.C. § 2255 (2000). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we grant leave to proceed in forma pauperis, deny a certificate of appealability, and dismiss the appeal on the reasoning of the district court. United States v. Anneheim , Nos. CR-99-20; CA-01-1-5 (W.D.N.C. Mar. 28, 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 32.2

                            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  Annual  Report of Circle  Group  Holdings,  Inc.  (the
"Company") on Form 10-KSB for the annual period ended December 31, 2005 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Dana L. Dabney, Chief 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, to the best of my knowledge:

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

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


/S/  DANA L. DABNEY
--------------------
Dana L. Dabney
Chief Financial Officer
March 31, 2006
Compensation to Outside Directors




 Exhibit 10.13 
 COMPENSATION TO OUTSIDE DIRECTORS 
  

							
	 	  	2006	  	2005
	 Annual Retainer Fee:
	  	$	25,000	  	$	25,000
	 Annual Fee for Committee Chairmanships:
	  	$	5,000	  	$	5,000
	 Attendance Fee for Board Meetings (includes telephonic attendance):
	  	$	2,500	  	$	2,500
	 Attendance Fee by Committee Member at Committee Meeting (includes telephonic attendance):
	  	$	1,000	  	$	1,000

 All reasonable out-of-pocket travel expenses, which are incurred in connection with Board and Committee meetings
will be reimbursed. In addition, the Outside Directors received $50,000 in stock grants in 2005 for prior service. The Outside Directors will receive stock grants in the future.
Dismissed and Memorandum Opinion filed February 12, 2013.

In The

Fourteenth Court of Appeals

NO. 14-12-01160-CR

HARRY ANTHONY MICKLES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 1353291

M E M O R A N D U M O P I N I O N

Appellant entered a guilty plea to aggravated assault with a deadly weapon. 

In accordance with the terms of a plea bargain agreement with the State, the trial 

court sentenced appellant on December 5, 2012, to confinement for two years in 

the Institutional Division of the Texas Department of Criminal Justice. Appellant 

filed a pro se notice of appeal. We dismiss the appeal. 
2

The trial court entered a certification of the defendant’s right to appeal in 

which the court certified that this is a plea bargain case, and the defendant has no 

right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court’s certification is 

included in the record on appeal. See Tex. R. App. P. 25.2(d). The record supports 

the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. 

App. 2005).

Accordingly, we dismiss the appeal. 

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Boyce and Donovan.

Do Not Publish — Tex. R. App. P. 47.2(b)
1 In The 

### Court of Appeals Ninth District of Texas at Beaumont

__________________ N O . 09
- 2 3
- 00 011
- CV

__________________
IN RE CITY OF BEAUMONT, KENNETH R. WILLIAMS, IN HIS OFFICIAL CAPACITY AS CITY MANAGER, AND EARL WHITE, IN HIS OFFICIAL CAPACITY AS FIRE CHIEF

__________________________________________________________________ Original Proceeding 136th District Court of Jefferson County, Texas Trial Cause No. D
- 2 10950

__________________________________________________________________ ORDER The City of Beaumont, Kenneth R. Williams, in his official capacity as City Manager, and Earl White, in his official capacity as Fire Chief , Relator s , filed a petition for a writ of mandamus. See Tex. R. App. P. 52. Relator s are defendant s in Trial Cause Number D

- 210950 , I nternational A ss ociation of Firefighters Local 399

v. The City of Beaumont, Kenneth R. Williams , in his official capacity as City Manager, and Earl White , in his official capacity as Fire Chief

. Relator s seek a writ compelling the Honorable Baylor Wortham , Judge of the 136th District Court of2 Jefferson County, Texas, to dissolve a temporary restraining order, and prohibit the trial court from taking any act ion in Trial Cause Number D

- 21 0 950 that would effectively enforce the judgment in Trial Cause Number B

- 210244, a judgment that Relat ors ha ve appealed in Appeal Number 09

- 22

- 00413

- CV

. See Tex. Gov’t Code Ann. § 22.221. Relator s ’ mandamus petition seeks mandamus relief and asks for emergency relief from a temporary injunction hearing which is set for January 13, 202 3

. The Court finds temporary relief is necessary to avoid undue prejudice and to protect the Court’s jurisdiction . It is ORDERED that all further proceedings in Trial Cause Number D

- 2 10950, including any hearing on a temporary restraining order or temporary injunction, are STAYED until our opinion issues in this original proceeding or until further order of this Cour t. See Tex. R. App. P. 52.10(b). No bond is required of Relator s as a condition to any relief herein granted. The response of the Real Part y in Interest, International Association of Firefighter s Local 399 , is due January 23, 2023

. TEMPORARY RELIEF GRANT ED.
ORDER ENTERED January 12 , 202 3

. PER CURIAM Before Golemon, C.J., Horton and Johnson, JJ.
<PAGE>

                                                                      EXHIBIT 32

SECTION 1350 CERTIFICATIONS

Richard M. Deneau, President and Chief Executive Officer and Darrin J. Campbell,
Executive Vice President and Chief  Financial  Officer of Anchor Glass Container
Corporation, hereby certify that:

         1.       The annual report of the registrant on Form 10-K/A for the
year ended December 31, 2002 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 annual report fairly
presents, in all material respects, the financial condition and results of
operations of the registrant as of the dates and for the periods expressed in
the annual report.

Date: November 3, 2003

/s/ Richard M. Deneau
--------------------------------------------
Name: Richard M. Deneau
Title: President and Chief Executive Officer

/s/ Darrin J. Campbell
--------------------------------------------
Name: Darrin J. Campbell
Title: Executive Vice President and Chief Financial Officer
Exhibit 23 CONSENT OF INDEPENDENT REGISTERED
PUBLIC ACCOUNTING FIRM We consent to the
incorporation by reference in Registration Statement Nos. 333-121325,
333-115970, 333-115972, 333-113322, 333-106365, 333-110672, 333-81670,
333-73764, 333-65520, 333-53142, 333-42680, 333-78239, 333-74781, 333-55761 on
Form S-8, Registration Statement No. 333-91381 on Form S-3, and Registration
Statement No. 333-75069 on Form S-4 of The ServiceMaster Company and
subsidiaries of our reports dated February 27, 2006, relating to the financial
statements and financial statement schedule of The ServiceMaster Company and
subsidiaries, and managements report on the effectiveness of the internal
control over financial reporting, appearing in this Annual Report on Form 10-K
of The ServiceMaster Company and subsidiaries for the year ended December 31,
2005. /s/
Deloitte & Touche LLP Chicago, IllinoisFebruary 27, 2006
Amendment to the Colgate-Palmolive Company 1997 Stock Option Plan



 EXHIBIT 10-M(b) 
  
 [Excerpt from Colgate-Palmolive Company 1997 Stock Option Plan, as amended on December 29, 2005] 
  
 Sections 1(n) and 5(i) of the Colgate-Palmolive Company 1997 Stock Option Plan as amended
read in full as follows: 
  
 Section 1 (n): “Fair Market
Value” of the Common Stock or any other Security (as defined in Section 5(i)) means, as of any given date, the mean between the highest and lowest reported sales prices of the Common Stock or such Security, as the case may be, on the New York
Stock Exchange Composite Tape or, if not listed on such exchange, on any other national securities exchange on which the Security is listed. If there is no regular public trading market for the Security, the Fair Market Value of the Security shall
be determined by the Committee in good faith. 
  
 .
    .     . 
  
 Section
5(i): Limited Change in Control Right. Notwithstanding any other provision of the Plan, during the 60-day period from and after a Change in Control (the “Exercise Period”), unless the Committee shall determine otherwise at the time of
grant, an optionee shall have the right, whether or not the Stock Option is fully exercisable and in lieu of the payment of the exercise price for the shares of Common Stock being purchased under the Stock Option and by giving notice to the Company,
to elect (within the Exercise Period) to surrender all or part of the Stock Option to the Company and to receive Common Stock or such other securities as the Committee may have determined to substitute therefor pursuant to Section 3 (such Common
Stock and other securities being referred to collectively as “Securities” and individually as a “Security”), or, if the Committee so determines, cash, within 30 days of such notice, in an amount having a Fair Market Value (in the
case of Securities) equal to or equal (in the case of cash) to the amount by which the Change in Control Price per share of Common Stock on the date of such election shall exceed the exercise price per share of Common Stock under the Stock Option
(the “Spread”) multiplied by the number of shares of Common Stock granted under the Stock Option as to which the right granted under this Section 5(i) shall have been exercised.
<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 Annual Report of Championship Auto Racing Teams, Inc.
(the "Company") on Form 10-K for the year ending December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Thomas L. Carter, Chief Financial 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 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/ Thomas L. Carter

Thomas L. Carter
Chief Financial Officer

August 24, 2004

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

                                       1
<PAGE>   1

                                                                    EXHIBIT 21.1

                              LIST OF SUBSIDIARIES

<TABLE>
<CAPTION>
                            NAME                                JURISDICTION
                            ----                                ------------
<S>                                                             <C>
AmerUs Life Insurance Company...............................    Iowa
Delta Life Corporation......................................    Delaware
Delta Life and Annuity Company..............................    Iowa
AmVestors Financial Corporation.............................    Kansas
American Investors Life Insurance Company, Inc..............    Kansas
Financial Benefit Life Insurance Company....................    Kansas
AmerUs Capital Management Group, Inc........................    Iowa
AmerUs Properties, Inc......................................    Iowa
American Vanguard Life Insurance Company....................    Iowa
CLA Assurance Company.......................................    Iowa
Ameritas Variable Life Insurance Company....................    Nebraska
</TABLE>