alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.57

 

SUMMARY OF COMPENSATION ARRANGEMENTS WITH CERTAIN EXECUTIVE OFFICERS

 

All of our executive officers, except for our Chief Executive Officer Sandeep Mathrani, are “at will” employees. We have no written or oral employment agreements with these executive officers. A copy or description of any future such employment arrangement will be filed to the extent required.

 

The descriptions below summarize our employment arrangements with the following executive officers:

 

·    Alan Barocas, Senior Executive Vice President, Mall Leasing;

 

·    Steven J. Douglas, Executive Vice President and Chief Financial Officer;

 

·    Andrew Perel, Executive Vice President, General Counsel and Secretary; and

 

·    Richard Pesin, Executive Vice President, Anchors, Development and Construction.

 

All of the compensation arrangements we have with our executive officers, including those listed above, are reviewed and may be modified from time to time by the Compensation Committee of our Board of Directors.

 

Annual Base Salary

 

The current annual base salary for each of Messrs. Barocas, Douglas, Perel and Pesin is $750,000 less applicable taxes and withholdings.

 

Bonus Plans and Incentive Compensation

 

Messrs. Barocas, Perel and Pesin are each eligible for a minimum discretionary bonus of $500,000, payable in 2012 and 2013, based upon each individual’s respective performances in 2011 and 2012. Additionally, each of the foregoing individuals received 400,000 non-qualified stock options under our 2010 Equity Incentive Plan, which vest ratably over four years.

 

For 2010 Mr. Douglas participated in our 2010 CVA/Discretionary Bonus plan, payable in 2011, with a target payment of 75% of his base salary, and a potential payment of 150% of his base salary. Mr. Douglas received 200,000 non-qualified stock options under our 2010 Equity Incentive Plan and 50,000 shares of restricted stock, each of which vest one year from the date of the award.

 

Other Compensation

 

Each of Messrs. Barocas, Perel and Pesin are eligible for a relocation package of up to $150,000, and Mr. Barocas may be entitled to receive an additional amount for relocation if we relocate him from Chicago.

 

Severance

 

Although the above listed executive officers are at-will employees, each of Messrs. Barocas, Perel and Pesin are eligible to receive severance payments equal to six months of his base salary and his prorated bonus if his employment is terminated by us without cause.
EXHIBIT 23

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

The Board of Directors
TelVue Corporation:

We consent to incorporation by reference in the registration statement on Form
S-8 (No. 333-87631) of TelVue Corporation of our report dated March 30, 2010
relating to the balance sheets of TelVue Corporation as of December 31, 2009 and
2008 and the related statements of operations, stockholders' deficit and cash
flows for the years then ended, which report appears in the December 31, 2009
annual report on Form 10-K of TelVue Corporation.

/s/ Pressman Ciocca Smith LLP
Huntingdon Valley, Pennsylvania
March 30, 2010
Exhibit 10.12











Exhibit 10.12




TomoTherapy Incorporated




Second Amendment

to

2007 Equity Incentive Plan



This Second Amendment (“Amendment”) amends the TomoTherapy Incorporated 2007 Equity Incentive
Plan (the “Plan”), effective as of the date of approval by the Company’s shareholders, and as
amended by the Company’s shareholders on May 1, 2009.



Background




The Plan was effective as April 16, 2007, the date the Plan was approved by the Company’s
shareholders and amended by the Shareholders on May 1, 2009. Pursuant to the provisions of Section
14.1, the Committee and Board have the authority to amend the Plan in certain respects.



Amendment




Section 14.1 of the Plan is hereby amended to add the following language at the end of the
existing paragraph:




“Also notwithstanding any provision in this Plan to the contrary, absent approval of the
shareholders of the Company:




(A) no Stock Appreciation Right may be amended to reduce the “Fair Market Value of the
Stock on the date the Stock Appreciation Right was granted” (as that phrase is used in
Section 7.1(b)(i)(B) of the Plan) of such Stock Appreciation Right;




(B) except as permitted by Article 11 hereof, no Stock Appreciation Right may be granted
in exchange for, or in connection with, the cancellation or surrender of, a Stock
Appreciation Right having a higher “Fair Market Value of the Stock on the date the Stock
Appreciation Right was granted” (as that phrase is used in Section 7.1(b)(i)(B) of the
Plan);




(C) except as permitted by Article 11 hereof, no cash payment may be made to any
Participant who holds an Option that is terminated in an amount that exceeds the product
obtained by multiplying (i) the excess of: (a) the Fair Market Value per share of the
Stock covered by such Option at the time of the Option’s termination over (b) the
exercise price per share of Stock subject to the Option; by (ii) the number of shares of
Stock covered by such Option; and




(D) except as permitted by Article 11 hereof, no cash payment may be made to any
Participant who holds a Stock Appreciation Right that is terminated in an amount which
exceeds the product obtained by multiplying (i) the excess of: (a) the Fair Market
Value per share of the Stock covered by such Stock Appreciation Right at the time of the
Stock Appreciation Right’s termination, over (b) the Fair Market Value of the Stock on
the date the Stock Appreciation Right was granted; by (ii) the number of shares of Stock
covered by such Stock Appreciation Right.




Executed on this 9th day of December, 2010.



	 	 	 	 	 
	 	                                                     /s/ Brenda S. Furlow
 	 
	 	Brenda S. Furlow, 	 
	 	Corporate Secretary 	 




Unanimously approved by the TomoTherapy Inc. Board of Directors on December 9, 2010.
STATE v. Gabriel A. FERRARI

277P18-3

Supreme Court of North Carolina.

March 27, 2019

Gabriel Adrian Ferrari, for Gabriel A. Ferrari.

Daniel P. O'Brien, Special Deputy Attorney General, Williams, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 14th of January 2019 by Defendant to Protest Against Defendant Political Religious Persecution, False Accusation, Coverup Intimidation in the Case of Lee Haney Ret. Army Col. Death by Arson:

"Motion Dismissed by order of the Court in conference, this the 27th of March 2019."
No. 09-813.

#### Wendy Gennimi, Petitioner v. Town of Lewisboro, New York, et al.

559 U.S. 1086, 130 S. Ct. 2095,

176 L. Ed. 2d 755,

2010 U.S. LEXIS 3164.

April 19, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Second Circuit denied.

Justice Sotomayor took no part in the consideration or decision of this petition.

Same case below, 333 Fed. Appx. 599.
<Page>

                                                                      EXHIBIT 23

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in the following registration
statements of our report dated February 4, 2004, appearing in this Annual Report
on Form 10-K of Allstate Life Insurance Company of New York for the year ended
December 31, 2003.

<Table>
<Caption>
       FORM S-3 REGISTRATION NOS.              FORM N-4 REGISTRATION NOS.
   ----------------------------------     ------------------------------------
          <S>                                          <C>
          333-58512                                    033-65381
          333-100029                                   333-68344
                                                       333-81970
                                                       333-94785
</Table>


/s/ Deloitte & Touche LLP

Chicago, Illinois
March 24, 2004
Myron Jamar KIMBLE, Movant/Appellant, v. STATE of Missouri, Respondent.

No. ED 104728

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

FILED: October 17, 2017 Motion for Rehearing and/or Transfer to Supreme Court Denied December 19, 2017

ATTORNEY FOR APPELLANT: Amy Elizabeth Lowe, Public Defender Office, 1010 Market Street, Suite 1100, St. Louis, MO 63101.

ATTORNEY FOR RESPONDENT: Joshua D. Hawley, Attorney General, Richard Anthony Starnes, Assistant Attorney General, Office of Attorney General, P.O. Box 899, Jefferson City, MO 65102.

Before Colleen Dolan, P.J., Mary K. Hoff, J., and Lisa S. Van Amburg, J.

*ORDER*

PER CURIAM

Myron Jamar Kimble ("Movant") appeals from the motion court's Judgment denying Movant's amended Rule 24.035 motion following an evidentiary hearing. We affirm.

We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law applicable to this case would serve no jurisprudential or precedential purpose. We have, however, provided a memorandum opinion for the use of the parties setting forth the reasons for our decision. We affirm the Judgment pursuant to Rule 84.16(b).
**Docket Number FAA -**  **2014 -**  **0584**
Opinion filed December 2, 2010



### In The



# Eleventh Court of Appeals

_______ _ __



### No. 11

- 10

- 00320

- CR

__________

CAROL JOHNENE MORRIS , Appellant

V.

STATE OF TEXAS , Appellee

On Appeal from the 441st District Court

Midland County, Texas

Trial Court Cause No. CR37161

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

Carol Johnene Morris filed this appeal from the denial of her motion to recuse. Upon receiving

the docketing statement, the notice of appeal, and the clerk’s record on October 25, 2010, we

notified Morris in writing that the order from which she appealed did not appear to be a final

appealable order. We notified Morris that her app eal would be subject to dismissal if she did not

respond by November 9, 2010, showing grounds to continue this appeal. Morris has not responded.

The order denying Morris’s motion to recuse is an interlocutory order, not a final appealable

order. Means v. State , 825 S.W.2d 260 (Tex. App.

— Houston [1st Dist.] 1992, no pet.). We have no

jurisdiction to r eview that order at this time.

The appeal is dismiss ed for want of jurisdiction.

December 2, 2010 PER CURIAM

Do not publish. See T EX

. R. A PP

. P. 47.2( b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.
Frankie Lee WELCH, Employee-Plaintiff-Appellant, v. CONTINENTAL TIRE THE AMERICAS, Self-insured, Employer-Defendant-Appellee.

Part of the Continental Tire the Americas Consolidated Asbestos Matters.

No. COA18-769

Court of Appeals of North Carolina.

Filed: September 3, 2019

AFFIRMED.
**Exhibit 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICERPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersignedcertifies that (1) this Quarterly Report of RFS Partnership, L.P. (the“Operating Partnership”) on Form 10-Q for the period ended September 30,2003, as filed with the Securities and Exchange Commission on the date hereof (this“Report”), fully complies with the requirements of Section 13(a) or 15(d)of the Securities Exchange Act of 1934, as amended, and (2) the informationcontained in this Report fairly presents, in all material respects, thefinancial condition of the Operating Partnership as of September 30, 2003 andDecember 31, 2002 and its results of operations for the three and nine monthsended September 30, 2003.

 
| Date: November 14, 2003 |   /s/ Thomas J.  Hutchison, III  |                                                                |
|------------------------------|--------------------------------------------|---------------------------------------------------------------------|
|                         |   Name: Thomas J. Hutchison, III |                                                                |
|                         |   Title:                         |   Chief Executive  Officer  (Principal Executive Officer) |
|                              |                                            |                                                                     |  |

 

1

----
EXHIBIT 32.1



                            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 Amendment No. 2 to the Annual Report of Magnitude
Information Systems, Inc. (the "Company") on Form 10-KSB for the year ended
December 31, 2004 (the "Form 10-KSB"), I, Steven D. Rudnik, Chief Executive
Officer of the Company, and I, Joerg H. Klaube, Chief Financial Officer of the
Company, certify, as of the date hereof, 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 our knowledge, that the Company's Form 10-KSB fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that the information contained in the Form 10-KSB, fairly presents, in all
material respects, the financial condition and results of operations of the
Company.


Dated:  November 29, 2005            MAGNITUDE INFORMATION SYSTEMS, INC.

                                     By: /s/ Steven D. Rudnik
                                        --------------------------------------
                                         Steven D. Rudnik
                                         President and Chief Executive Officer

                                     By: /s/ Joerg H. Klaube
                                        --------------------------------------
                                         Joerg H. Klaube
                                         Chief Financial Officer
STATE v. Dewayne Rayshon DEGRAFFENRIED

202P19-1

Supreme Court of North Carolina.

August 14, 2019

Daniel P. O'Brien, Special Deputy Attorney General, for State of North Carolina.

Dwayne Rayshon Degraffenried, for DeGraffenried, Dwayne Rayshon.

J. Douglas Henderson, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 3rd of June 2019 by Defendant for Petition for Discretionary Review:

"Motion Dismissed by order of the Court in conference, this the 14th of August 2019."
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

ABRAM PAUL WALTER,

Defendant

- Appellant. No. 17

- 30037

D.C. No. 4:96

- cr

- 00026

- HRH

MEMORANDUM *

Appeal from the United States District Court

for the District of Alaska

H. Russel Holland, District Judge, Presiding

Submitted February 13, 2018 **

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.

Abram Paul Walter appeals from the district cou rt’s order granting

authorization for funds to be paid from his inmate trust account toward his

restitution obligation, the court’s denial of his motion for reconsideration of that

order, and the court’s amended judgment establishing a restitution payment

* 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). 

# FILED

FEB 16 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 30037

schedule

. Pursuant to Anders v. California , 386 U.S. 738 (1967), Walter ’s counsel

has filed a brief stating that there are no grounds for relief, along with a motion to

withdraw as counsel of record. We have provided Walter the opportunity to file a

pro se supplemental brief. No pro se supplemental brief or answering brief has

been filed.

Our independent review of the record pursuant to Penson v. Ohio , 488 U.S.

75, 80 (1988), discloses no arguable grounds for relief on direct appeal.

Counsel’s motio n to withdraw is GRANTED.

AFFIRMED.
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 Quarterly report of Zaldiva, Inc. (the "Company") on
Form 10-QSB-A1 for the period ending June 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), we,
Robert B. Lees, President and director and John A. Palmer, Jr.,
Secretary/Treasurer and director 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 result of operations of the
Company.


/s/Robert B. Lees
-----------------
President
Director
10/10/03

/s/John A. Palmer, Jr.
----------------------
Secretary
Treasurer
Director
10/10/03
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

IN RE: E.A.J.

PETITION OF: L.P., MOTHER

:

:

:

:

:

No. 567 WAL 2014

Petition for Allowance of Appeal from the

Order of the Superior Court

IN RE: M.L.J.

PETITION OF: L.P., MOTHER

:

:

:

:

:

No. 568 WAL 2014

Petition for Allowance of Appeal from the

Order of the Superior Court

IN RE: O.D.J. A/K/A O.M.

PETITION OF: L.P., MOTHER

:

:

:

:

:

No. 569 WAL 2014

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 22nd day of January, 2015, the Petition for Allowance of Appeal

is DENIED.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-40855

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

NELSON OMAR MARTINEZ, also known as Nelson Martinez-Barahona,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:14-CR-444-1

Before DAVIS, JONES, and HIGGINSON, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Nelson Omar 

Martinez has moved for leave to withdraw and has filed a brief in accordance 

with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 

F.3d 229 (5th Cir. 2011). Martinez has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 16, 2015

Lyle W. Cayce

Clerk

 Case: 14-40855 Document: 00513080283 Page: 1 Date Filed: 06/16/2015
No. 14-40855

2

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw 

is GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 14-40855 Document: 00513080283 Page: 2 Date Filed: 06/16/2015
EXHIBIT 12

                             JORDAN INDUSTRIES, INC.
             COMPUTATIONS OF THE RATIOS OF EARNINGS TO FIXED CHARGES
                             (dollars in thousands)


                                                  Year Ended December 31,
                                         --------------------------------------
                                            2005          2004          2003
                                            ----          ----          ----
Fixed Charges:
     Interest expense                     $54,720       $66,048       $83,215
     Rental expenses included
      in fixed charges                      5,900         5,198         4,927
                                          --------      --------      --------
              Total Fixed Charges          60,620        71,246        88,142
Earnings:
     Pre-tax (loss)                          (122)       (4,901)      (35,096)
     Plus: fixed charges                   60,620        71,246        88,142
                                          --------      --------      --------
              Total Earnings               60,498        66,345        53,046
                                          --------      --------      --------

Ratio of Earnings to Fixed Charges           1.00          0.93          0.60
                                             ====          ====          ====
No. 09-9858.

#### Elvis Rivera, Petitioner v. United States.

559 U.S. 1101, 130 S. Ct. 2394,

176 L. Ed. 2d 784,

2010 U.S. LEXIS 3566.

April 26, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Third Circuit denied.

Same case below, 357 Fed. Appx. 404.
<PAGE>
                                                                    Exhibit 23.1


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

We have issued our report dated October 15, 2002 on the consolidated balance
sheets of WRP Corporation and subsidiaries as of June 30, 2002, and the related
consolidated statements of operations, changes in stockholders' equity, and cash
flows of WRP Corporation and subsidiaries for the year ended June 30, 2002,
included in its Annual Report on Form 10-K for the year ended June 30, 2002
filed with the Securities and Exchange Commission. We hereby consent to the
incorporation by reference of our report in the company's previously filed
Registration Statement Nos. 333-28002 and 333-81411.

         GRANT THORNTON LLP

         Chicago, Illinois
         October 15, 2002
I 

109TH CONGRESS 

2D SESSION H. R. 5499 

To amend title 38, United States Code, to expand and make permanent 

the Department of Veterans Affairs benefit for Government markers 

for marked graves of veterans buried in private cemeteries, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2006 

Mrs. JOHNSON of Connecticut introduced the following bill; which was referred 

to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to expand and make 

permanent the Department of Veterans Affairs benefit 

for Government markers for marked graves of veterans 

buried in private cemeteries, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


CCOLEMAN on PROD1PC71 with BILLS
2 

•HR 5499 IH

1 SECTION 1. PERMANENCE AND EXPANSION OF DEPART2 MENT OF VETERANS AFFAIRS BENEFIT FOR 

3 GOVERNMENT MARKERS FOR MARKED 

4 GRAVES OF VETERANS BURIED IN PRIVATE 

5 CEMETERIES. 

6 (a) PERMANENCY OF PROGRAM.—Subsection (d) of 

7 section 2306 of title 38, United States Code is amended 

8 by striking paragraphs (3) and (4). 

9 (b) EXPANSION OF BENEFIT.—Such subsection, as 

10 amended by subsection (a), is further amended— 

11 (1) by striking ‘‘marker’’ each place it appears 

12 and inserting ‘‘headstone or marker’’; 

13 (2) in paragraph (2), by inserting ‘‘or to a rep14 resentative of such cemetery’’ after ‘‘located’’; and 

15 (3) by adding at the end the following new 

16 paragraph (3): 

17 ‘‘(3) In the case of a grave for which a headstone 

18 or marker is requested that is marked by a headstone or 

19 marker furnished at private expense, the Government 

20 headstone or marker may be furnished if the individual 

21 making the request for the Government headstone or 

22 marker certifies to the Secretary that the headstone or 

23 marker will be placed as close as practicable to that 

24 grave.’’. 

25 (c) APPLICATION OF GOVERNMENT MARKER BEN26 EFIT TO VETERANS DYING ON OR AFTER NOVEMBER 1, 


CCOLEMAN on PROD1PC71 with BILLS
3 

•HR 5499 IH

1 1990.—Subsection (d) of section 502 of the Veterans 

2 Education and Benefits Expansion Act of 2001 (Public 

3 Law 107–103; 38 U.S.C. 2306 note) is amended by strik4 ing ‘‘September 11, 2001’’ and inserting ‘‘November 1, 

5 1990’’. 

Æ 


CCOLEMAN on PROD1PC71 with BILLS