alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
valspar111129_ex10-1.htm - Generated by SEC Publisher for SEC Filing







 



Exhibit 10.1

 

February 17, 2011

 

Mr. Gary E. Hendrickson

4818 Russell Avenue S.

Minneapolis, MN  55410

 

Dear Gary:

 

We are pleased to offer you the position of President and Chief Executive Officer of The Valspar Corporation, subject to your election by the Board of Directors and the Board’s approval of the following terms at its meeting on February 17, 2011:

 


	
Title:

	
President and Chief Executive Officer.


	
 

	
 


	
Effective Date:

	
June 1, 2011.


	
 

	
 


	
Board Membership:

	
You will continue to serve as an employee Director of The Valspar Corporation.


	
 

	
 


	
Base Salary:

	
$800,000 per annum beginning on the Effective Date. 


	
 

	
 


	
Annual Bonus:

	
Your bonus target will be 110% of fiscal year base salary earnings.  


	
 

	
 


	
Long-Term Incentive (LTI):

	
Your long-term incentive target will be $3,000,000.


	
 

	
 


	
Fiscal Year 2011:

	
Your total incentive opportunities for fiscal year 2011 will reflect seven months as Chief Operating Officer and five months as Chief Executive Officer.  This proration shall be accomplished by maintaining the incentives that were previously approved for fiscal 2011 and providing additional incentive target opportunities as follows:


	
 

	
 


	
 

	
 

	
Annual Cash Bonus

	
 

	
Restricted Award 

Opportunity

	
 


	
 

	
Existing Target:

	
$565,000

	
 

	
$   900,000

	
 


	
 

	
Additional Target:

	
$131,250

	
 

	
$   500,000

	
 


	
 

	
Fiscal 2011 Total:

	
$696,250

	
 

	
$1,400,000

	
 


	
 

	
 

	
 


	
Promotion/

Retention Award:

	
You will receive a one-time award of cash-settled restricted stock units with a value of four million dollars ($4,000,000) on the effective date of your promotion.  This award is eligible for dividend equivalents in the form of additional restricted stock units between the effective date and your separation of service.


	
 

	
 


	
 

	
The award, including dividend equivalents, is subject to cliff vesting on your 60th birthday and is payable six months following your separation of service.  Complete terms of the award are contained in the Restricted Stock Unit Agreement, which is attached.


	
 

	
 


	
Non-Competition/

Non-Solicitation:

	
The compensation provided herein is subject to your signing a non-competition and non-solicitation agreement that extends industry-wide for three years following separation of service.  The agreement is attached.


	
 

	
 


	
Other:

	
You will continue to participate in applicable Valspar benefit plans, payment or reimbursement of business expenses, including club membership as appropriate. 





  
 This letter represents all terms of this offer.  Please indicate your acceptance by signing this offer and the attached agreements.
  
 Very truly yours,

 




	
/s/ Jeffrey H. Curler


	
Jeffrey H. Curler

Director





 

Accepted:

 


	
/s/ Gary E. Hendrickson


	
Gary E. Hendrickson
CARDIORENTIS AG v. IQVIA LTD. and Iqvia RDS, Inc.

168A19-1

Supreme Court of North Carolina.

June 5, 2019

J. Dickson Phillips, III, Jonathan C. Krisko, Attorneys at Law, for Cardiorentis AG

Charles F. Marshall, III, Shepard D. O'Connell, Attorneys at Law, for Iqvia Ltd. and Iqvia RDS, Inc.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 4th of June 2019 by Defendants:

"Motion Allowed by order of the Court in conference, this the 5th of June 2019."

Defendants shall have up to and including the 7th day of August 2019 to file and serve his/her brief with this Court.
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9, Plaintiff, v. Brian Lamont FERGUSON; Xavier Milton Earquhart a/k/a Milton Xavier a/k/a Xavier Milton, Individually and as Trustee of the Ferguson Family Irrevocable Trust of 2015; CSH 2016-1 Borrower, LLC ; Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, as Trustee for the Registered Holders of Colony Starwood Homes 2016-1 Trust Single-Family Rental Pass-Through Certificates; TD Service Financial Corporation, Defendants.

No. COA18-1278

Court of Appeals of North Carolina.

Filed: July 16, 2019

AFFIRMED.
First Amendment to the Pension Benefit Equalization Plan



 Exhibit 10.30 
 FIRST AMENDMENT TO THE 
 PENSION BENEFIT EQUALIZATION
PLAN 
 OF 
 THE DUN & BRADSTREET CORPORATION 
 (As Amended and Restated
Effective January 1, 2009) 
 THIS FIRST AMENDMENT to the Pension Benefit Equalization Plan of The
Dun & Bradstreet Corporation (As Amended and Restated Effective January 1, 2009) (the “Plan”) is effective as of August 4, 2009 (the “Effective Date”) with respect to distributions to Participants
who perform at least one hour of service on or after the Effective Date. 
 WITNESSETH: 
 WHEREAS, Dun & Bradstreet Corporation (the “Company”) sponsors the Plan and the Company has delegated
authority to the Compensation & Benefits Committee of the Board of Directors of the Company (the “Committee”) to amend the Plan; and 
 WHEREAS, the Committee has retained the authority to make amendments to the Plan that might have a material impact on the Corporation while delegating the authority for other amendments to
the Plan Benefits Committee (the “PBC”); 
 WHEREAS, it is deemed desirable to amend the Plan as set forth
herein. 
 NOW, THEREFORE, it is hereby resolved that the Plan be, and it hereby is, amended, effective with respect to
distributions to Participants who perform at least one hour of service for the Corporation or an Affiliate on or after the Effective Date, as follows: 
 I. 
 Section 11(a) of the Plan is hereby amended by deleting the
penultimate sentence thereof in its entirety and replacing it with the following: 
  

	 	(a)	Except as otherwise provided in Section 11(b), lump sum values shall be determined for all purposes under this Plan based on the following:


  

	 	(i)	a discount rate equal to the average of the interest rates prescribed under Section 417(e)(3) of the Code for the first, second, and third months preceding the
payment date; and 

  

	 	(ii)	the applicable mortality assumptions prescribed under Section 417(e)(3) of the Code in effect as of the payment date. 








 IN WITNESS WHEREOF, the PBC has caused this First Amendment to be executed this 7th
day of August, 2009. 
 THE PLAN BENEFITS COMMITTEE 
  

					
	 /s/ Patricia Clifford
	 	 	  	 /s/ Kathy Guinnessey

	Patricia Clifford – Chairperson	 		  	Kathy Guinnessey
			
	 /s/ Chet Verceglio
	 		  	 /s/ Louis Sapirman

	Chet Verceglio	 		  	Louis Sapirman
Amended and Restated Employment Agreement for Michael J. Berry



 Exhibit 10.15 
 AMENDMENT TO EMPLOYMENT AGREEMENT 
 This Amendment to EMPLOYMENT AGREEMENT
(“Amendment”), dated and effective as of February 23, 2011, (the “Effective Date”) by and between SolarWinds Worldwide, LLC, a Delaware Limited Liability Company (the “Company”) and Michael J. Berry
(the “Employee”) (collectively referred to as “Parties”). 
 WHEREAS, the Parties entered into the
Employment Agreement effective February 16, 2010; 
 WHEREAS, the Parties desire to amend the Employment Agreement in order
to incorporate the changes herein; 
 WHEREAS, the Parties acknowledge the adequacy and sufficiency of consideration specified
herein; 
 IN CONSIDERATION of the premises and the mutual covenants set forth below, the parties hereby agree as follows:

 Section 5 of the Employment Agreement should be deleted and replaced with the following: 

“5. Change of Control Benefits. “Change of Control” shall be defined as a transaction or series of transactions
where the shareholders of SolarWinds, Inc. immediately preceding such transaction own, following such transaction, less than 50% of the voting securities of SolarWinds, Inc.; provided however, that a firmly underwritten public offering of the Common
Stock shall not be deemed a Change of Control. In the event of termination of the Employee’s employment by the Company other than for Cause or in the event of Constructive Termination, in each case upon or during the twelve (12) month
period after the effective date of a Change of Control, the Employee shall be entitled to (i) a lump sum cash severance amount equivalent to six (6) months of Employee’s then current annual base salary; (ii) all of
Employee’s remaining unvested Stock Options, Restricted Stock, or Restricted Stock Units grants from all of Employee’s then-outstanding grants shall immediately and fully vest as of the date of such termination, and (iii) the Employee
shall receive the consideration set forth in sections 4(c) and 4(d) hereof.” 
 IN WITNESS WHEREOF, the parties hereto have
executed this Amendment as of the date first written above. 
  

					
	SOLARWINDS WORLDWIDE, LLC	 		 	
			
	/s/ Kevin B. Thompson	 		 	/s/ Michael J. Berry
	Kevin B. Thompson	 		 	Michael J. Berry
	President and Chief Executive Officer
ODNIHeader2




Print
  The idea of a Director of National Intelligence dates to 1955 when a blue-ribbon study commissioned by Congress recommended that the Director of Central Intelligence employ a deputy to run the CIA so that the director could focus on coordinating the overall intelligence effort. This notion emerged as a consistent theme in many subsequent studies of the Intelligence Community commissioned by both the legislative and executive branches over the next five decades. LESSONS OF SEPT. 11, 2001 Remains of the World Trade Center Friday, Sept. 14, 2001 in New York City. From: Photographs Related to the George W. Bush Administration, compiled 01/20/2001–01/20/2009 (U.S. National Archives) Remains of the World Trade Center Friday, Sept. 14, 2001 in New York City.(U.S. National Archives)  The attacks of Sept. 11, 2001, moved forward the longstanding call for major intelligence reform and the creation of a Director of National Intelligence. Post-9/11 investigations included a joint Congressional inquiry and the independent National Commission on Terrorist Attacks Upon the United States (better known as the 9/11 Commission). The 9/11 Commission's report in July 2004 proposed sweeping change in the Intelligence Community, including the creation of a National Intelligence Director. INTELLIGENCE REFORM 911 commission seal.svgVery soon after the report was released, the federal government moved forward to undertake reform. President Bush signed four Executive Orders in August 2004 that strengthened and reformed the Intelligence Community as much as possible without legislation. In Congress, both the House and Senate passed bills with major amendments to the National Security Act of 1947.  Intense negotiations to reconcile the two bills ultimately led to the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), which President Bush signed into law on Dec.17, 2004. LAUNCH OF THE ODNI In February 2005, the President nominated John D. Negroponte, ambassador to Iraq, as the first director of national intelligence and U.S. Air Force Lt. Gen. Michael V. Hayden as the first principal deputy DNI, promoting him to General. On April 21, 2005, in the Oval Office, Amb. Negroponte and Gen. Hayden were sworn in, and the ODNI began operations at 7 a.m. on April 22, 2005.    Previous directors include John M. ("Mike") McConnell (Vice Adm., USN Ret.), Dennis Blair (Adm., USN Ret.), James R. Clapper (Lt. Gen., USAF Ret.), Dan Coats, and John Ratcliffe.  Avril Haines is the Director of National Intelligence.
**REGULATORY EVALUATION**

**Directorate Identifier:** 2014
-NM - 0 45
- AD **Executive Order 12866:** Could the AD be considered a “significant regulatory action”? YES ( ) explain NO (X) **DOT Regulatory Policies and Procedures:** Is the AD significant? YES ( ) explain NO (X) **Regulatory Flexibility Act:** Will the AD have a significant economic impact on a substantial number of small entities? YES ( ) explain NO (X) **Intrastate Aviation in Alaska:** This AD could affect intrastate aviation in Alaska. I s it appropriate to include specific requirements for aircraft operated in Alaska, where aviation might be the only mode of transportation? YES ( ) explain NO (X)
Charles Edward WILSON, Employee, Plaintiff, v. CONTINENTAL TIRE THE AMERICAS, Self-Insured, Employer-Defendant-Appellee.

Part of the Continental Tire the Americas Consolidated Asbestos Matters.

No. COA18-766

Court of Appeals of North Carolina.

Filed: September 3, 2019

AFFIRMED.
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
In re. DONALD CHARLES SCHWARTZ, Debtor,

_______________________________ DAVID A. WASNEY, SR., Plaintiff-Appellant,
v. DONALD CHARLES SCHWARTZ, Defendant-Appellee. No. 12-17359 D.C. No. 5:09-cv-05831-EJD MEMORANDUM *

Appeal from the United States District Court for the Northern District of California Edward J. Davila, District Judge, Presiding Submitted November 21, 2014 ** San Francisco, California 

# FILED
FEB 05 2015 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).Before: THOMAS and CHRISTEN, Circuit Judges, and SEABRIGHT, *** District Judge. David A. Wasney, Sr., appeals the district court’s order affirming the bankruptcy court’s dismissal of his 11 U.S.C. § 523(c) adversary complaint against Donald Schwartz as untimely under Fe deral Rule of Bankruptcy Procedure 4007(c). We have jurisdiction pursuant to 28 U.S.C. § 158(d)(1), and we affirm. Wasney concedes that his adversary complaint was filed one day after the bar date. He sought equitable tolling or other equitable relief. The bankruptcy court, however, lacked equitable power to grant Wasney relief from the untimely filing. See Anwar v. Johnson , 720 F.3d 1183, 1187 (9th Cir. 2013). “[W]e have repeatedly held that [Rule 4007(c)’s d eadline] . . . is ‘strict’ and, without qualification, ‘cannot be extended unless a motion is made before the 60-day limit expires.’” Id . (quoting In re Kennerley , 995 F.2d 145, 146 (9th Cir. 1993)) (other citations omitted). Even if applicable, Wasney has not demonstrated “unique and exceptional circumstances” that might warrant relief from Rule 4007(c)’s strict time limit. Id. at 1187–88 & n.6. Wasney’s counsel’s declaration does not establish that an emergency situation prevented the filing, or that a court explicitly misled him. See

*** The Honorable J. Michael Seabright, United States District Judge for the District of Hawaii, sitting by designation. 2In re Kennerley , 995 F.2d at 148 (“[T]he unique circumstances exception would appear to be limited to situations where a court explictly misleads a party.”). AFFIRMED.

3
Tillie STEWART v. James R. SHIPLEY, DPM, Instride Mt. Airy Foot and Ankle Specialists, PLLC d/b/a Mt. Airy Foot & Ankle Center, and Northern Hospital District of Surry County

No. 125P19

Supreme Court of North Carolina.

June 11, 2019

Amanda C. Dure, Joseph L. Anderson, Winston-Salem, Attorneys at Law, For Stewart, Tillie

G. Gray Wilson, Lorin J. Lapidus, Attorneys at Law, Winston-Salem, For Shipley, James R. (DPM), et al.

***AMENDED ORDER***

Upon consideration of the petition filed on the 9th of April 2019 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 11th of June 2019."

Davis, J. recused
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Unique Staff Leasing, Ltd., * From the 29th District Court

Self-Insured, of Palo Pinto County,

Trial Court No. C44659.

Vs. No. 11-14-00309-CV * July 29, 2016

Kenley Cates, as beneficiary of * Opinion by Wright, C.J.

Kody Ryan Cates, deceased, (Panel consists of: Wright, C.J., 

Willson, J., and Bailey, J.)

 This court has inspected the record in this cause and concludes that there is 

error in the judgment below. Therefore, in accordance with this court’s opinion, 

we reverse the trial court’s judgment as it relates to the award of attorney’s fees, 

and we render judgment that Appellee take nothing as to her claim for attorney’s 

fees. In all other respects, we affirm the judgment of the trial court. The costs 

incurred by reason of this appeal are taxed one-half against Unique Staff Leasing, 

Ltd., Self-Insured, and one-half against Kenley Cates, as beneficiary of Kody 

Ryan Cates, deceased.
EXHIBIT 99.1

      STATEMENT REQUIRED BY 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the  Quarterly  Report  on  Form  10-QSB  of  Technology
Connections,  Inc.  (the "Company") for the quarter ended September 30, 2003, as
filed  with  the  Securities  and  Exchange  Commission  on the date hereof (the
"Report"),  I, Kevin Kyzer, President, Principal Executive Officer and Principal
Financial  Officer  of  the  Company,  certify  that:

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

*    information  contained  in  the  Report  fairly  presents,  in all material
     respects, the financial condition and results of operations of the Company.


/s/  Kevin  Kyzer
-----------------
Kevin Kyzer
President, Principal Executive Officer and Principal Financial Officer

March 8, 2004


This  certification  accompanies  this  Report  pursuant  to  Section 906 of the
Sarbanes-Oxley  Act  of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley  Act  of  2002,  be  deemed  filed by the Company for purposes of
Section  18  of  the  Securities  Exchange  Act  of  1934,  as  amended.
STATE v. Rayford Lewis BURKE

181A93-4

Supreme Court of North Carolina.

June 11, 2019

Franklin E. Wells, Jr., Attorney at Law, Asheboro, Gretchen Engel, Attorney at Law, Durham, for Burke, Rayford Lewis

Danielle Marquis Elder, Jonathan Babb, Special Deputy Attorneys General, Mikko Red Arrow, Assistant District Attorney, Jonathan P. Babb, Special Counsel to Attorney General, Sarah Kirkman, District Attorney, for State of N.C.

Jonathan P. Babb, Special Counsel to Attorney General, for State of N.C.

Malcolm Ray Hunter, Jr., Attorney at Law, Durham, for Burke, Rayford Lewis

Christopher A. Brook, Legal Director, Burton Craige, Attorney at Law, Raleigh, James Coleman, Attorney at Law, Irving Joyner, Attorney at Law, Durham, Cassandra Stubbs, Attorney at Law, for ACLU Capital Punishment Project, et al.

Carlos E. Mahoney, Attorney at Law, Jin Hee Lee, Attorney at Law, Pro Hac Vice, Merrel Murray, Attorney at Law, Pro Hac Vice, for NAACP Legal Defense and Educational Fund, Inc.

Brian W. Stull, Attorney at Law, Henderson Hill, Attorney at Law, Charlotte, for Promise of Justice Initiative, et al.

The following order has been entered on the motion filed on the 24th of April 2019 by ACLU-NCLF to Substitute Counsel:

"Motion Allowed by order of the Court in conference, this the 11th of June 2019."

Ervin. J. recused
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**1211 CAF 14-01143**  PRESENT: SCUDDER, P.J., SMITH, CENTRA, WHALEN, AND DEJOSEPH, JJ.

IN THE MATTER OF DANIEL P., PETITIONER-RESPONDENT,
V MEMORANDUM AND ORDER
DANIELLE W., RESPONDENT-APPELLANT. (APPEAL NO. 2.)

CARA A. WALDMAN, FAIRPORT, FOR RESPONDENT-APPELLANT.
JESSICA REYNOLDS-AMUSO, ATTORNEY FOR THE CHILD, CLINTON.
JOHN G. KOSLOSKY, ATTORNEY FOR THE CHILD, UTICA.

Appeal from an order of the Family Court, Oneida County (James R. Griffith, J.), entered June 2, 2014 in a proceeding pursuant to Family Court Act article 6. The order, among other things, awarded petitioner sole custody of the subject children. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Matter of Daila W. ([appeal No. 1] ___ AD3d ___ [Nov. 20, 2015]).

Entered: November 20, 2015 Frances E. Cafarell Clerk of the Court
exv10w1






Exhibit 10.1




The St. Joe Company

133 South WaterSound Parkway,

WaterSound, Florida 32413




March 4, 2011




Hugh M. Durden

Chairman

Alfred I. duPont Testamentary Trust

510 Alfred duPont Place

Jacksonville, FL 32202




Dear Hugh:




     This letter agreement confirms that you are empowered to act, solely in your capacity as a
director of The St. Joe Company (the “Company”) and as a member of the Executive Committee of the
Board of Directors of the Company (the “Board”) and not as an employee or officer of the Company,
as the interim Chief Executive Officer of the Company (“Interim CEO”) for a period of 60 days from
the date hereof, or such earlier date as the Board may determine in its sole discretion. As Interim
CEO, you will exercise the authority and perform the duties of the Chief Executive Officer of the
Company reporting to and under the direction of the Executive Committee of the Board. While you
are Interim CEO, the Company will continue its search for a permanent Chief Executive Officer.



     In addition to the regular compensation that you receive as a non-employee director of the
Board, you will be paid $100,000 for your service as the Interim CEO. You acknowledge and agree
that you will be treated as an independent contractor (and not as an employee) of the Company and
that you will not be eligible for, or entitled to receive, any employee benefits, severance
benefits or other compensation. The Company will reimburse you for all reasonable business
expenses incurred in accordance with its customary policies.



     Please acknowledge acceptance of the foregoing by executing the letter below and returning it
to my attention. Please retain a copy for your records.



 









 





	 	 	 	 	 
	 	Sincerely,



The St. Joe Company

 	 
	 	By:  	/s/ Bruce R. Berkowitz
 	 
	 	 	Name:  	Bruce R. Berkowitz 	 
	 	 	Title:  	Chairman of the Board 	 
	 



	 	 	 	 	 
	AGREED AND ACCEPTED:

 	 	 
	By:  	/s/ Hugh M. Durden
 	 	 
	 	Name:  	Hugh M. Durden 	 	 
	 	Date: 	March 5, 2011
TOM MESSERALL

River otter on the beach at Fort Pickens.

CARRIE S. BARRY

Bottlenose dolphin spy-hopping.

Gulf Islands National Seashore

Mammals

There is an opportunity to see land and sea 

mammals at Gulf Islands National Seashore. 

You can spot bottlenose dolphins from the 

beaches or see cotton rats, foxes, beavers, 

armadillos, raccoons and river otters at the 

Fort Pickens Area. The endangered Perdido 

Key Beach Mouse is found only on Perdido 

Key and the Santa Rosa Beach Mouse inhabits 

areas on Santa Rosa Island.

Raccoons, squirrels, armadillos, river 

otters, swamp rabbits, nutrias, and black rats 

can be seen in the Davis Bayou Area in the 

Mississippi District. Atlantic bottle-nose 

dolphins are often seen while taking the 

passenger ferry from Gulfport, MS to West 

Ship Island.

Most mammals are terrestrial but some, 

including manatees, whales, and dolphins live 

in the water. Other mammals, like seals, come 

to land only to breed.

Gulf Islands National Seashore - Mammals (U.S. National Park Service) Page 1 of 2

http://www.nps.gov/guis/naturescience/mammals.htm 8/17/2011
Did You Know?

The stunning sugar white beaches of Gulf Islands National Seashore are 

composed of fine quartz eroded from granite in the Appalachian 

Mountains. The sand is carried seaward by rivers and creeks and 

deposited by currents along the shore. 

Last Updated: May 21, 2007 at 16:39 MST

Gulf Islands National Seashore - Mammals (U.S. National Park Service) Page 2 of 2

http://www.nps.gov/guis/naturescience/mammals.htm 8/17/2011