alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1

                                                                      EXHIBIT 12


                    NABORS INDUSTRIES, INC. AND SUBSIDIARIES
               COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES
                      (In thousands, except ratio amounts)


<TABLE>
<CAPTION>
                                                                        Three
                                                       Year Ended    Months Ended
                                                       December 31,   December 31,       Year Ended September 30,

                                                          1998            1997            1997             1996
                                                       ----------      ----------      ----------      ----------
<S>                                                    <C>             <C>             <C>             <C>       
Pretax income                                          $  199,981      $   62,616      $  182,410      $   81,600

Add fixed charges as adjusted (from below)                 16,040           4,107          16,980          12,258
                                                       ----------      ----------      ----------      ----------
        Earnings                                       $  216,021      $   66,723      $  199,390      $   93,858
                                                       ----------      ----------      ----------      ----------

Fixed charges:
    Interest expense:
        Interest on indebtedness                       $   14,974      $    3,858      $   15,993      $   11,356
        Capitalized                                         2,648             297           1,191             985
    Amortization of debt costs                                489             121             527             528
    Interest portion of rental expense                        577             128             460             374
                                                       ----------      ----------      ----------      ----------
    Fixed charges before adjustments                       18,688           4,404          18,171          13,243
    Less capitalized interest                              (2,648)           (297)         (1,191)           (985)
                                                       ----------      ----------      ----------      ----------

    Fixed charges as adjusted                          $   16,040      $    4,107      $   16,980      $   12,258
                                                       ----------      ----------      ----------      ----------

Ratio (earnings divided by fixed charges
     before adjustments)                                    11.56           15.15           10.97            7.09
                                                       ----------      ----------      ----------      ----------
</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
<RESTATED> 
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          54,651
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    619,330
<INVESTMENTS-CARRYING>                         115,586
<INVESTMENTS-MARKET>                           116,219
<LOANS>                                      2,558,599
<ALLOWANCE>                                     25,210
<TOTAL-ASSETS>                               3,496,331
<DEPOSITS>                                   2,988,050
<SHORT-TERM>                                    80,706
<LIABILITIES-OTHER>                             85,813
<LONG-TERM>                                     20,061
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           157
<OTHER-SE>                                     321,544
<TOTAL-LIABILITIES-AND-EQUITY>               3,496,331
<INTEREST-LOAN>                                 52,795
<INTEREST-INVEST>                               11,332
<INTEREST-OTHER>                                   303
<INTEREST-TOTAL>                                64,430
<INTEREST-DEPOSIT>                              30,152
<INTEREST-EXPENSE>                              31,394
<INTEREST-INCOME-NET>                           33,036
<LOAN-LOSSES>                                    1,800
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                 19,806
<INCOME-PRETAX>                                 14,687
<INCOME-PRE-EXTRAORDINARY>                       9,317
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,317
<EPS-PRIMARY>                                     0.73<F1>
<EPS-DILUTED>                                     0.68
<YIELD-ACTUAL>                                    3.96
<LOANS-NON>                                     21,847
<LOANS-PAST>                                     6,488
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                24,114
<CHARGE-OFFS>                                    1,249
<RECOVERIES>                                       545
<ALLOWANCE-CLOSE>                               25,210
<ALLOWANCE-DOMESTIC>                            19,923
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          5,287
<FN>
<F1>EPS PRIMARY TAG REPRESENTS EPS BASIC
</FN>
        

</TABLE>
exhibi_102.htm


    Exhibit 10.2


      AMENDMENT TO EMPLOYMENT
AGREEMENTS

       

      WHEREAS, Walgreen Co. (the “Company”)
has entered into employment agreements (“Agreements”) with the executives set
forth in Exhibit A for the purpose of assuring the continued dedication of such
executives in the event of a change in control of the Company; and

       

      WHEREAS,
it is now deemed desirable to amend the Agreements to comply with the
requirements of Section 409A of the Internal Revenue Code of 1986, as
amended;

       

      NOW,
THEREFORE, each Agreement is hereby amended by adding the following new Section
13 to the Agreement, immediately following Section 12 thereof:

       

      “13.           Code Section 409A
Compliance.  Notwithstanding any provision of this Agreement to
the contrary, the following provisions shall apply effective January 1,
2009:

       

      (a) 
To the extent required by Code Section 409A, payments under this Agreement shall
be delayed until the date which is six months after the Executive’s separation
from service with the Company.

       

      (b) 
Any compensation previously deferred by the Executive to be paid under Section
6(d)(i)(D) shall be paid in accordance with the terms of the program and, if
applicable, the elections made by the Executive under such program, under which
such compensation was deferred.

       

      (c) 
To the extent that any of the continued benefits to be provided to the Executive
under this Agreement constitute taxable reimbursements or in-kind benefits, (i)
the benefits to be provided or expenses eligible for reimbursement shall be
determined in accordance with the applicable Company policy, (ii) the
reimbursement or in-kind benefit shall not affect the expenses eligible for
reimbursement or in-kind benefit to be provided in any other taxable year, (iii)
the reimbursement of an eligible expense must be made on or before the last day
of the taxable year following the year in which the expense was incurred, and
(iv) the Executive may not liquidate or exchange the reimbursement or in kind
benefit for any other benefit.”

       



      EXHIBIT
A

      LIST OF
AGREEMENTS

      


      


       

      [Intentionally
omitted]
<TABLE> <S> <C>

<PAGE>
<ARTICLE>                     5
<LEGEND>
The schedule contains summary financial information extracted from the financial
statements filed herewith on this Form 10-KSB for the fiscal year ended
September 30, 1996 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   Year
<FISCAL-YEAR-END>                                     Sep-30-1996       
<PERIOD-START>                                        Oct-01-1995       
<PERIOD-END>                                          Sep-30-1996       
<CASH>                                                  1,972,056
<SECURITIES>                                                    0
<RECEIVABLES>                                             902,516
<ALLOWANCES>                                                    0
<INVENTORY>                                                     0
<CURRENT-ASSETS>                                        2,931,913
<PP&E>                                                    610,344
<DEPRECIATION>                                             84,349
<TOTAL-ASSETS>                                          3,760,431
<CURRENT-LIABILITIES>                                   1,483,091
<BONDS>                                                   168,095
<PREFERRED-MANDATORY>                                           0
<PREFERRED>                                                     0
<COMMON>                                                   71,926
<OTHER-SE>                                              1,781,273
<TOTAL-LIABILITY-AND-EQUITY>                            3,760,431
<SALES>                                                 8,784,137
<TOTAL-REVENUES>                                        8,797,218
<CGS>                                                   7,271,114
<TOTAL-COSTS>                                           7,271,114
<OTHER-EXPENSES>                                        1,234,795
<LOSS-PROVISION>                                                0
<INTEREST-EXPENSE>                                         89,424
<INCOME-PRETAX>                                           100,885
<INCOME-TAX>                                              116,062
<INCOME-CONTINUING>                                      (15,177)
<DISCONTINUED>                                          (219,872)
<EXTRAORDINARY>                                                 0
<CHANGES>                                                       0
<NET-INCOME>                                            (235,049)
<EPS-PRIMARY>                                               (.05)
<EPS-DILUTED>                                               (.05)
        


</TABLE>
UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT 

Deborah S. Hunt 

Clerk

100 EAST FIFTH STREET, ROOM 540 

POTTER STEWART U.S. COURTHOUSE 

CINCINNATI, OHIO 45202-3988 

Tel. (513) 564-7000 

www.ca6.uscourts.gov

Filed: November 23, 2022 

Mr. Richard W. Nagel 

U.S. District Court 

for the Southern District of Ohio 

100 E. Fifth Street 

103 Potter Stewart U.S. Courthouse 

Cincinnati, OH 45202 

Re: Case No. 21-3954, Erica Shields v. Sinclair Media III Inc.

Originating Case No. 1:18-cv-00593 

Dear Mr. Nagel: 

 Enclosed is a copy of the mandate filed in this case. 

Sincerely yours, 

s/Patricia J. Elder, Senior Case Manager 

 for Michelle Lambert, Case Manager 

cc: Ms. Tessa Leigh Castner 

 Mr. Richard Lawrence Moore 

 Ms. Jennifer A. Rulon 

 Ms. Erica Shields 

Enclosure 

Case: 1:18-cv-00593-DRC-KLL Doc #: 64 Filed: 11/23/22 Page: 1 of 2 PAGEID #: 471
UNITED STATES COURT OF APPEALS 

FOR THE SIXTH CIRCUIT

________________ 

 No: 21-3954 

________________

Filed: November 23, 2022 

ERICA SHIELDS 

Plaintiff - Appellant 

v. 

SINCLAIR MEDIA III INC. 

Defendant - Appellee 

MANDATE 

 Pursuant to the court's disposition that was filed 11/01/2022 the mandate for this case hereby 

issues today. 

COSTS: None 

Case: 1:18-cv-00593-DRC-KLL Doc #: 64 Filed: 11/23/22 Page: 2 of 2 PAGEID #: 472
Case: 2:18-md-02846-EAS-KAJ Doc #: 60 Filed: 11/20/18 Page: 1 of 2  PAGEID #: 974

Case: 2:18-md-02846-EAS-KAJ Doc #: 60 Filed: 11/20/18 Page: 2 of 2  PAGEID #: 975
EX-4.19






Exhibit
4.19



ADDENDUM AGREEMENT NO. 2




(the “Addendum Agreement”)




TO THE SERVICES AGREEMENT DATED 15TH MAY, 2008

between




OCEANFREIGHT INC.

of Majuro, Marshall Islands, lawfully represented (hereinafter sometimes the Owner)




and




Cardiff Marine Inc.

of Monrovia, Liberia, lawfully represented (hereinafter sometimes
“CARDIFF”)



Whereas the Owners have been engaged in the ownership and operation of cargo vessels trading
worldwide.



Whereas the Owner and CARDIFF as Service Provider have entered into a services agreement dated 15th
May, 2008 as amended on October 21st, 2008



IT IS HEREBY AGREED AS FOLLOWS:



That the Euro equivalent of 90 days the Manager’s Supervision Fee as specified in Clause 2.3 of the
Services Agreement (the “Security”) will be paid to CARDIFF in cash as security for the due,
punctual, proper and correct performance by the Owners of their obligations under the Services
Agreements, such payment to be made to CARDIFF upon written demand by CARDIFF to a bank account as
designated by the CARDIFF



That the Security to be paid by OceanFreight Inc. to CARDIFF with respects to the Manager’s
Supervision Fee shall €72.000 in cash (€100 per day x 8 Vessels x 90 days)



That upon the valid effective termination of the Services Agreement CARDIFF shall only be required
to return the Security amount or any portion thereof, if the amounts due to CARDIFF pursuant with
the obligations set forth in the Services Agreement and their addenda is less than the Security
amount paid as per above, it being understood that in any event of default from the part of the
Owner, the Security is forfeited in favor of CARDIFF without prejudice to any rights which CARDIFF
may have against the Owner in law or in equity



That the Security amount shall be non-refundable by CARDIFF in the event of: (i) a Change of
Control of OceanFreight Inc. and (ii) any public disclosure that OceanFreight Inc is in default of
any of its agreements including but not limited to Loan Agreements and Charter Party Agreements and
such default impairs



 









 






the Company’s ability to continue its operations. Change of Control shall have the same term and
meaning as set forth in the Services Agreement.







All other terms and conditions of the Services Agreement and the Addendum Agreement dated
21st October, 2008 remain unaltered and in full force and effect, save as may have been
amended by the parties, such as with regard to Security payable as above



[SIGNATURE
PAGE FOLLOWS]





 









 








Signed
this 14th day of January 2009.




	 	 	 	 	 
	 
	 	 	 	 
	/s/ Michael Gregos	 	 
	 	 	 
	ON BEHALF OF OCEANFREIGHT INC.	 	 
	 
	 	 	 	 
	By:

	 	Michael Gregos	 	 
	Title:

	 	COO	 	 
	 
	 	 	 	 
	/s/ Charalampos Alivizatos	 	 
	 	 	 
	ON BEHALF OF CARDIFF MARINE INC.	 	 
	 
	 	 	 	 
	By:

	 	Charalampos Alivizatos	 	 
	Title:

	 	Legal Representative
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-7291

JAMES R. JONES,

Petitioner - Appellant,

versus

STATE OF SOUTH CAROLINA; HENRY MCMASTER,

Attorney General of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Florence. Cameron McGowan Currie, District

Judge. (4:05-cv-02424-CMC)

Submitted: September 28, 2006 Decided: October 11, 2006

Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James R. Jones, Appellant Pro Se. Samuel Creighton Waters, OFFICE

OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South

Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

James R. Jones seeks to appeal the district court’s order

accepting the recommendation of the magistrate judge and dismissing

as untimely his 28 U.S.C. § 2254 (2000) petition. The order is not

appealable unless a circuit justice or judge issues a certificate

of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000).

A prisoner satisfies this standard by demonstrating that reasonable

jurists would find that any assessment of the constitutional claims

by the district court is debatable or wrong and that any

dispositive procedural ruling by the district court is likewise

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

Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d

676, 683-84 (4th Cir. 2001). We have independently reviewed the

record and conclude that Jones has not made the requisite showing.

Accordingly, we 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 the

court and argument would not aid the decisional process.

DISMISSED
Description of Named Executive Officer salary and bonus arrangements for 2009



 Exhibit 10.24 
 Named Executive Officer Salary and Bonus Arrangements 
 On March 23, 2009, the Compensation and
Benefits Committee (the “Committee”) of the Board of Directors of First Data Corporation (the “Company”) approved the following 2009 base salaries and target bonuses for the Company’s named executive officers. 
  

							
	 Name and Title
	  	2009
Base Salary	  	2009
Bonus
Target (1)
	 Michael D. Capellas 
 Chairman and Chief
 Executive Officer
	  	$	1,200,000	  	$	1,800,000
			
	 Philip M. Wall
 Executive Vice President
 & Chief Financial Officer 
	  	$	632,000	  	$	632,000
			
	 Edward A. Labry III
 Executive Vice President 
	  	$	750,000	  	$	937,500
			
	 Grace Chen Trent
 Executive Vice President 
	  	$	400,000	  	$	400,000
			
	 David G. Yates
 Executive Vice President
	  	€	498,678	  	€	623,348
			
	  
	  			  		


	 	(1)	2009 bonus funding will be determined at the discretion of the Committee at the end of the year after considering accomplishments during 2009, which may include: (1) financial
performance, as measured by 2009 EBITDA; (2) operational performance, as measured by the attainment of business service level and operational objectives; and (3) attainment of the Company’s and each executives individual performance objectives.


 From time to time, the Company’s executive officers receive certain perquisites and personal benefits that may include
personal use of the Company’s aircraft, personal use of tickets to certain professional events, personal financial planning up to $20,000 per year, car allowance and reimbursement for relocation and moving expenses.
[Cite as State v. Nelson, 2019-Ohio-922.]

IN THE COURT OF APPEALS 

TWELFTH APPELLATE DISTRICT OF OHIO 

FAYETTE COUNTY 

STATE OF OHIO, 

 Appellee, 

 - vs - 

SHAWNA E. NELSON, 

 Appellant. 

: 

: 

: 

: 

: 

: 

CASE NO. CA2018-05-007 

 CA2018-05-008 

D E C I S I O N 

3/18/2019 

 

CRIMINAL APPEAL FROM FAYETTE COUNTY COURT OF COMMON PLEAS 

Case No. CRI 20170222 

Jess C. Weade, Fayette County Prosecuting Attorney, 110 East Court Street, 

Washington C.H., OH 43160, for appellee 

Stephen H. Eckstein, 1208 Bramble Avenue, Washington C.H., Ohio 43160, for 

appellant 

 Per Curiam.

{¶ 1} This cause came on to be considered upon a notice of appeal filed by 

appellant Shawna E. Nelson, the transcript of the docket and journal entries, the 

transcript of proceedings and original papers from the Fayette County Court of Common 

Pleas, and upon a brief filed by appellant's counsel. 

{¶ 2} Appellant's counsel has filed a brief with this court pursuant to Anders v. 

California, 386 U.S. 738, 87 S.Ct. 1396 (1967), which (1) indicates that a careful review 
______________________ 

- 2 - 

of the record from the proceedings below fails to disclose any errors by the trial court 

prejudicial to the rights of appellant upon which an assignment of error may be 

predicated; (2) lists one potential error "that might arguably support the appeal," Anders 

at 744, 87 S.Ct. at 1400; (3) requests that this court review the record independently to 

determine whether the proceedings are free from prejudicial error and without 

infringement of appellant's constitutional rights; (4) requests permission to withdraw as 

counsel for appellant on the basis that the appeal is wholly frivolous; and (5) certifies 

that a copy of both the brief and motion to withdraw have been served upon appellant. 

{¶ 3} Having allowed appellant sufficient time to respond, and no response 

having been received we have accordingly examined the record and find no error 

prejudicial to appellant's rights in the proceedings in the trial court. The motion of 

counsel for appellant requesting to withdraw as counsel is granted, and this appeal is 

dismissed for the reason that it is wholly frivolous. 

 HENDRICKSON, P.J., RINGLAND 

and PIPER, JJ., concur.
##### 



STRICTLY CONFIDENTIAL
 NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION PURSUANT  TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT
 AMENDED AND RESTATED NONCOMPETITION,
SEVERANCE AND EMPLOYMENT AGREEMENT
Between
CAROLINA BANK and KENDALL L. SPENCER
  RECITALS
      AGREEMENT
  Employment
 Definitions




---



##### 



(A)
    
    any employee plan established by TSFG;(B)
    
    TSFG or any of its affiliates (as defined in Rule 12b-2
promulgated under the Exchange Act);(C)
    
    an underwriter temporarily holding securities pursuant to an
offering of such securities;(D)
    
    a corporation owned, directly or indirectly, by stockholders of
TSFG in substantially the same proportions as their ownership of TSFG; or(E)
    
    except as provided in clause (iii) below, merger or
consolidation of TSFG with any other corporation which is duly approved by the
stockholders of TSFG; or
 2




---



##### 



3




---



##### 



provided however provided, however
 4




---



##### 



Duties
 Term
 Termination
      5




---



##### 



By Executive
     Compensation provided
 Annual Salary
 Annual Incentive Bonus
 Long Term Incentive Plan
 Supplemental Executive Benefit Plan
 Equity Compensation Awards
 Miscellaneous Benefits
 Excess Parachute Payments
  6




---



##### 



1.
    
    give the Company any information reasonably requested by the Company
relating to such claim,2.
    
    take such action in connection with contesting such claim as the
Company shall reasonably request in writing from time to time, including, without
limitation, accepting legal representation with respect to such claim by an
attorney reasonably selected by the Company,3.
    
    cooperate with the Company in good faith in order effectively to
contest such claim; and4.
    
    permit the Company to participate in any proceedings relating to such
claim;
 provided however
 7




---



##### 



provided however provided further
        8




---



##### 



Confidentiality
 Noncompetition and Nonsolicitation Agreement
      Assignment
  9




---



##### 



Notices
 To the Company:
    
    Carolina First Bank, c/o TSFG
104 South Main Street
Greenville, South Carolina 29601
Attn: Mary A. JeffreyTo Executive:
    
    At the most recent address for Executive on file at the Company.
  Provisions Severable/Savings Clause
 Remedies
   10




---



##### 



No Mitigation
 Waiver
 Amendments and Modifications
 Governing Law
 Withholding
 Compliance With Section 409A
 Enforceability of Confidentiality, Noncompetition and Nonsolicitation Provisions
  11




---



##### 



th provided
 12




---



##### 



IN WITNESS WHEREOF
 EXECUTIVE/s/ Kendall L. SpencerKendall L. SpencerCAROLINA FIRST BANKBy:
    /s/ Mary A. Jeffrey 13