alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Clarification of Management Annual Incentive Plan




 Exhibit 10.23 

Tidewater Inc. 

Clarification to the 

Management Annual Incentive Plan 

for 2010 through 2012 

This Clarification to the Tidewater Inc. Management Annual Incentive Plan (the “Plan”) is effective as of March 4, 2010.

 WHEREAS, the Compensation Committee of the Board of Directors wishes to clarify the Plan describing the determination of the
portion of the annual incentive payment based upon individual performance criteria; 
 NOW THEREFORE, the Company wishes to
clarify and restate Section VIII C. of the Plan to read as follows: 
 C. Individual Performance Criteria. Three to five
subjective or objective individual goals will be established for and communicated to each participant early in the fiscal year. These goals will be established by the participant’s supervisor. At or near the end of the fiscal year, the
Compensation Committee will establish a multiple of between 0 and 1.5 times the target payout for all participants that will be the declared amount that will generate a pool in which all participants will be eligible to share. Each
participant’s supervisor will evaluate the participant’s overall performance, including the achievement of the individual performance goals, and the Chief Executive Officer will determine the portion of the pool each participant will
receive (subject to a per person limitation of 2.0 times target). The schedule of all amounts to be paid under the Plan for individual performance will be approved by the Compensation Committee prior to payout. 

For example, if the Compensation Committee sets the individual performance pool at 1.2 times the total of all individual performance
target amounts, all individual target amounts would be multiplied by 1.2 and aggregated to generate the pool amount. Then the Chief Executive Officer has the discretion to allocate the pool amount among the Plan participants as he sees fit (subject
to the ultimate approval of the Compensation Committee). Each participant could be awarded between 0 and 2.0 times the individual’s target and would not be limited to 1.2 times target. 

This Clarification is hereby executed effective March 4, 2010. 

 

			
	TIDEWATER INC.
		
	By:	 	/s/ Bruce D. Lundstrom
		 	 Bruce D. Lundstrom

Executive Vice President,

Secretary and General Counsel
Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the quarterly
report on Form 10-Q for the period ended March 31, 2004, of Magnum Hunter Resources, Inc.,
as filed with the Securities and Exchange Commission on the date hereof, the undersigned
hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

|1. | this quarterly report on Form 10-Q 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 this quarterly report on Form 10-Q fairly presents,
          in all material respects, the financial condition and results of operations of
          Magnum Hunter Resources, Inc.
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|Date: May 6, 2004 |                                                                                                         
|----------------- | --------------------------------------------------------------------------------------------------------
|                  | /s/ Chris TongChris Tong, Senior Vice President andChief Financial Officer(Principal Accounting Officer)
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-6497

WAYNE D. BUTTS,

Petitioner - Appellant,

v.

HAROLD CLARKE, Director of Virginia Department of 

Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Mark S. Davis, District 

Judge. (2:11-cv-00420-MSD-FBS)

Submitted: July 26, 2012 Decided: August 1, 2012

Before MOTZ, DAVIS, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Wayne D. Butts, Appellant Pro Se. Rosemary Virginia Bourne, 

OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Wayne D. Butts seeks to appeal the district court’s 

order accepting the recommendation of the magistrate judge and 

denying relief on his 28 U.S.C. § 2254 (2006) petition. The 

order is not appealable unless a circuit justice or judge issues 

a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A)

(2006). A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2006). When the district court denies 

relief on the merits, a prisoner satisfies this standard by 

demonstrating that reasonable jurists would find that the 

district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 

When the district court denies relief on procedural grounds, the 

prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the petition states a debatable 

claim of the denial of a constitutional right. Slack, 529 U.S. 

at 484-85. 

We have independently reviewed the record and conclude 

that Butts has not made the requisite showing. Accordingly, we 

deny a certificate of appealability, deny leave to proceed in 

forma pauperis, and dismiss the appeal. We deny Butts’ motion 

to appoint counsel. We dispense with oral argument because the 
3

facts and legal contentions are adequately presented in the 

materials before the court and argument would not aid the 

decisional process. 

DISMISSED
# Vermont Army Guard hosts mountain warfare course in Djibouti

/ Published Dec. 21, 2021

CAMP LEMONNIER, Djibouti – Five U.S. Army Mountain Warfare School instructors with the Vermont Army National Guard traveled to Djibouti to teach a five-day Joint Expeditionary Mountain Warfare Course to service members from France’s 5th Overseas Interarms Regiment (5e RIAOM) at the Arta Range Complex Dec. 12-16.

The course consisted of knot tying, rope management, rappelling, fixed rope techniques, hauling systems, ascension techniques, lowering systems, basic mountain casualty evacuation, and portable stretcher training. Students who successfully completed the course received the prestigious Ram’s Head device during a graduation ceremony.

“Any time we can have information-sharing and collaboration, it’s beneficial for us as well as our partner forces,” said Sgt. 1st Class Dustin Dearborn, an instructor at the U.S. Army Mountain Warfare School. “Even the experienced service members were able to take something away from this course.”

Mountain-qualified Soldiers from the 1-102nd Infantry Regiment (Mountain), Task Force Iron Gray, Combined Joint Task Force – Horn of Africa (CJTF-HOA), assisted Vermont’s instructors with the course. The 1-102nd Infantry Regiment (Mountain) is a unit within the 86th Infantry Brigade Combat Team (Mountain), the only active mountain brigade in the U.S. Army. The 86th IBCT (Mountain) and the Army Mountain Warfare School are based in Vermont.

“Our task force is honored to host this joint training event and further demonstrate our interoperability and continuous cooperation with the French military,” said Lt. Col. Frank Tantillo, Task Force Iron Gray commander. “Because of joint trainings like this, we are all more ready to succeed at our missions and allow future task forces to continue carrying on these partnerships for years to come.”

This is the first time the Army Mountain Warfare School has conducted mountain training for French service members in Djibouti. For years, French forces have routinely invited U.S. service members to participate in the French Desert Commando Course in Djibouti. During Task Force Iron Gray’s deployment to the Horn of Africa, 53 Soldiers completed the grueling 12-day course, earning the foreign identification badge.

The Joint Expeditionary Mountain Warfare Course was a way for the U.S. Army to give back by including foreign nation service members from France’s 5e RIAOM, and share specialty skill sets that strengthen the relationships among the international forces working together in the region. Thirty-two French service members from the 5e RIAOM completed the Joint Expeditionary Mountain Warfare Course.

“This is part of a mutual cooperation between the U.S. and the French,” said French Capt. Benoit Malet, commander, French Desert Commando Course. “The U.S. came here to teach the French their own techniques. We do the same things but different ways, so it is very interesting to us to discover a new view on what we do.”
# Utah National Guard Soldier breaking down barriers for women

/ Published Dec. 22, 2014

DRAPER, Utah - The U.S. Army Ranger School selected a Utah Guard member to become an observer/advisor (O/A) last November as part of a stepping-stone program for gender integration into the Army elite group of Rangers.

FirstLt. Alessandra T. Kirby, platoon leader from A Company 489th Brigade Support Battalion in Spanish Fork, was selected for the O/A program after a grueling one-week evaluation at Fort Benning Nov. 9-15.

"I believe that every Soldier should be assessed based upon their full potential," said Kirby, resident of South Salt Lake, "not by their stature, or color of skin, or gender, [but rather] by the soldier’s ability to complete the mission."

Many applied in response to the All-Army-Activity message 221/2014 seeking female candidates to serve as O/As for the Army Maneuver Center of Excellence Ranger Course Assessment to assist Airborne and Ranger Training Brigade cadre and identify requirements and considerations for potential female integration.

Kirby and 45 other womenwere assessed on their potential to pass the rigorous Ranger Course with the Ranger Physical Assessment (49 push-ups in two minutes, 59 sit-ups in two minutes, 5-mile run in less than 40 minutes, and six chin-ups), a 12-mile march in three hours, the Combat Water Survival Assessment, night and day land navigation, warrior tasks and drills, the Malvesti and Darby Queen Obstacle courses, and radio/weapons capabilities during the one-week evaluation.

Thirty-one female Soldiers emerged victorious with offers to serve at the Ranger School from January to September 2015. Of the 31 selected, two were Army Reserves and only one was National Guard - Utah’s 1st Lt. Kirby.

"The Utah National Guard is very proud of 1st Lt. Kirby, not just as a woman breaking down barriers, but more importantly as an outstanding soldier," said Maj. Gen. Jeff Burton, adjutant general of the Utah National Guard. "We maintain an environment where our members are judged for their performance and achievement, not on their race or gender." 

These women will forge the way for female integration into the long-standing fraternity of Rangers as they identify the training, logistics and administrative changes required for course integration. All of these top-performers aspire to complete the challenging Ranger Course and become Rangers themselves, but are acting on faith of a positive decision to occur no later than January 2016.

The Secretary of Defense will determine whether women will be permitted to become qualified and to serve in other military occupational specialties that are currently closed to females.

"I want to be the best Soldier that I can be," Kirby said. "Why not go to a school that can make me that best Soldier? That’s how I see it."

Kirby, no stranger to challenges and breaking barriers, was the first female Guard member to advance to the All-National-Guard Soldier level Best Warrior Competition in 2011 when she represented Utah with honor.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 1696** 

FREDIS GONZALEZ

- REYES , Petitioner ,
v. ERIC H. HOLDER, JR., Attorney General , Respondent
.

On Petition for Review of an O rder of the Board of Immigration Appeals

Submitted : April 26, 2011 Decided: May 20, 2011

Before NIEMEYER, KEENAN, and WYNN , Circuit Judges.

Petition denied by un published per curiam opinion
. Anser Ahmad, AHMAD LAW OFFICES, P.C., Harrisburg, Pe nnsylvania, for Petitioner. Tony West, Assistant Attorney General, Carl H. McIntyre, Assistant Director, John J.W. Inkeles, DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.2 PER CUR IAM: Fredis Gonzalez

- Reyes, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from the Immigration Judge’s denial of his applications for relief from removal. Gonzalez

- R eyes first challenges the determination that he failed to establish eligibility for asylum. To obtain reversal of a determination denying eligibility for relief, an alien “must show that the evidence he presented was so compelling that no reasonable factf inder could fail to find the requisite fear of persecution.” INS v. Elias

- Zacarias , 502 U.S. 478, 483

- 84 (1992). We have reviewed the evidence of record and conclude that Gonzalez

- Reyes fails to show that the evidence compels a contrary result. Havin g failed to qualify for asylum, Gonzalez

- Reyes cannot meet the more stringent standard for withholding of removal. Chen v. INS , 195 F.3d 198, 205 (4th Cir. 1999); INS v. Cardoza

- Fonseca , 480 U.S. 421, 430 (1987). Finally, we uphold the finding below that Gonzalez

- Reyes failed to qualify for protection under the Convention Against Torture. 8 C.F.R.
§ 1208.16(c) (2010). Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal3 contentions are adequa tely presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED
Exhibit 32.1 Certification of the
Principal Executive Officer Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 I, G.  Gordon  Greenwood,  hereby
 certify  that 18 U.S.C.  Section  1350,  as adopted  pursuant  to (i) the Form 10-QSB of
Weststar Financial  Services  Corporation  (the  Company)  for the  quarter  ended
 September  30, 2004 (the  Report),  as filed with the Securities and Exchange
 Commission,  fully complies with the requirements of Section 13(a) or 15(d) of the
Securities  Exchange Act of 1934, and (ii) the information  contained in the Report
fairly presents,  in all material respects,  the financial  condition and results of
operations of the Company on the dates and for the periods presented therein. Date: November 4, 2004
        By:
        /s/ G. Gordon Greenwood

G. Gordon Greenwood
President and Chief Executive Officer  27
Exhibit 12.1



                SCHEDULE OF COMPUTATION OF DEBT-TO-EQUITY RATIO
                            (Dollars in Thousands)




                                                      July 31,
                                             -------------------------
                                                   2009           2008
                                             ----------     ----------

          Debt                               $1,052,000     $1,467,000

          Stockholders' equity               $  452,046     $  414,872

          Debt-to-equity ratio                      2.3            3.5
                                                    ===            ===


                                       49
UNITED STATES


SECURITIES AND EXCHANGE COMMISSION


Washington, D.C. 20549


_______________________________________


Form 8-K





CURRENT REPORT


PURSUANT TO SECTION 13 OR 15(d) OF THE  SECURITIES EXCHANGE ACT OF 1934


Date of Report (Date of earliest event reported): August 8, 2013


_______________________________________


XRS Corporation


(Exact name of registrant as specified in its charter)





Commission File Number 0-27166Minnesota41-1641815(State or other jurisdiction of(I.R.S. Employerincorporation or organization)Identification No.)965 Prairie Center Drive(952) 707-5600Eden Prairie, Minnesota, 55344(Registrant's telephone number,(Address of principal executive offices)including area code)





Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions ( see General Instruction A.2. below):


o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))





---




Item 2.02.    Results of Operations and Financial Condition





On August 8, 2013 , XRS Corporation issued a press release reporting its financial results for the the fiscal quarter ended June 30, 2013 . A copy of this press release is attached to this report as Exhibit 99.1.





Item 9.01.    Financial Statements and Exhibits





(d) Exhibits





99.1    Press Release dated August 8, 2013








---




SIGNATURES





Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.





Dated:August 8, 2013XRS CorporationBy:/s/ Michael W. WeberMichael W. WeberChief Financial Officer
sutherland.htm


[SUTHERLAND ASBILL & BRENNAN LLP]






 


CONSENT OF SUTHERLAND ASBILL & BRENNAN LLP


 


 


We consent to the reference to our firm in the Statement of Additional Information included in Post-Effective Amendment No. 17 to the Registration Statement on Form N-4 for the Century II Affinity individual flexible premium deferred variable annuity contracts issued through the Kansas City Life Variable Annuity Separate Account (File No. 333-52290). In giving this consent, we do not admit that we are in the category of persons whose consent is required under Section 7 of the Securities Act of 1933.


 


 


SUTHERLAND ASBILL & BRENNAN LLP


 


By: /s/ Stephen E. Roth


 


Stephen E. Roth


 


 


Washington, D.C.


May 1, 2013
##### 



CERTIFICATION PURSUANT
TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002 I, Jason W. Rees, Controller and Chief Accounting Officer of Pyramid Breweries
Inc. (registrant), certify that:  1.
    
    I have reviewed this annual report on Form 10-K/A of the registrant;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 annual 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 annual 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; andc)
    
    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 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; andb)
    
    any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal
controls over financial reporting. Date: September 3, 2004 /s/ Jason W. Rees  Jason W. Rees
Controller and Chief Accounting Officer
Exhibit 10(a)



 EXHIBIT 10(a) 
 Consent of Independent Registered Public Accounting Firm 







 Consent of Independent Registered Public Accounting Firm 

We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in the Statement of
Additional Information and to the use of our reports: (1) dated April 3, 2013, with respect to the statutory-basis financial statements and schedules of Transamerica Life Insurance Company, and (2) dated April 22, 2013, with
respect to the financial statements of the subaccounts of the Separate Account VA-2L, included in Post-Effective Amendment No. 6 to the Registration Statement (Form N-4, No. 333-153773) under the Securities Act of 1933 and related
prospectus of Dreyfus/Transamerica Triple Advantage® Variable Annuity. 

/s/ Ernst & Young LLP 

Des Moines, Iowa 
 April 22, 2013
CONSENT OF INDEPENDENT ACCOUNTANTS


We consent to the incorporation by reference in the Registration Statement of
PhyMatrix Corp. on Form S-1 (File No. 333-09187) of our reports dated March 13,
1998 (except for Note 21, for which the date is April 9, 1998) on our audits of
the consolidated financial statements and financial statement schedule of
PhyMatrix Corp. as of January 31, 1998 and 1997, and for the years then ended,
and the combined financial statements for the year ended December 31, 1995, in
conformity with generally accepted accounting principles which reports are
included in this Annual Report in Form 10-K.


Coopers & Lybrand L.L.P.
Boston, Massachusetts
April 29, 1998