alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
MEMC Exhibit 10.28 - Cash Bonus Plan Description - 12.31.11


Exhibit 10.28




 
Written Description of 
MEMC Electronic Materials, Inc. Cash Incentive Plan 
Covering Executive Officers 
 
MEMC Electronic Materials, Inc. ("MEMC" or the "Company") maintains a cash incentive plan that covers the Chief Executive Officer and the Company's other executive officers. Under current practice, the Compensation Committee (the "Committee") makes annual cash awards under the plan to executive officers to recognize and reward Company and individual performance. 
For each participant, the Committee establishes threshold, target and maximum bonus levels that are defined as a percentage of the participant's base salary. The “threshold” level of performance for a particular performance goal represents the lowest level of performance for which any bonus would be earned on that performance goal. The "maximum" level of performance represents the level for which the maximum bonus would be earned for that particular goal, and the "target" represents the target level of performance. The actual bonus, if any, attributable to each performance goal is calculated based on the actual performance compared to these “threshold," "target" and "maximum" performance levels. The "threshold," "target" and "maximum" levels for each category of executives under the plan are generally as follows: 
 
	
				
	 
	 
	 
	 

	 
	Threshold 
 
	Target 
 
	Max 
 

	CEO
	50%
	100%
	200%

	EVP
	38%
	75%
	150%

	SVP
	25%
	50%
	100%

	VP
	     15-20%
	30-40%
	50-80%




The plan has two main components: a Company milestone component and a personal goal component.  The Company-based and personal performance metrics account for varying levels of the total potential award under the 2010 short term incentive plan as follows: 
 
	
			
	 
	 
	 

	 
	Company Metrics 
 
	Personal Metrics 
 

	CEO,
	80%
	20%

	EVP, SVP
	80%
	20%

	VP
	60%
	40%






 
 
As a result, the bonus paid to the CEO, if any, is 80% tied to Company metrics.  The Company's executive officer s have a number of quarterly, semi-annual and/or annual performance objectives including those tied to the Company's financial performance, along with a number of individual performance and financial objectives applicable to each executive officer's functional area. These objectives are reviewed and approved by the Committee on an annual basis. Based on the achievement against these performance objectives, the executive officers are entitled to receive cash awards, which are generally paid on an annual basis.  


The plan is non-contractual.  The Company maintains the right to terminate or amend the cash incentive plan at any time.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 19-6039

GEORGE NAPOLEON MOSES, a/k/a George N. Moses,

Plaintiff - Appellant,

v.

DAVID M. PASCOE; WINNIFA B. CLARK; STATE OF SOUTH CAROLINA,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at 

Orangeburg. R. Bryan Harwell, Chief District Judge. (5:18-cv-02679-RBH)

Submitted: April 4, 2019 Decided: April 10, 2019

Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

George Napoleon Moses, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

George Napoleon Moses appeals the district court’s order adopting the magistrate 

judge’s recommendation and dismissing his 42 U.S.C. § 1983 (2012) action with 

prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) (2012). On appeal, we confine our 

review to the issues raised in the Appellant’s brief. See 4th Cir. R. 34(b). Because 

Moses’ informal brief does not challenge the basis for the district court’s disposition, 

Moses has forfeited appellate review of the court’s order. See Jackson v. Lightsey, 775 

F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important document; under 

Fourth Circuit rules, our review is limited to issues preserved in that brief.”). 

Accordingly, we affirm the district court’s judgment. We dispense with oral argument 

because the facts and legal contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

AFFIRMED
## Breadcrumb

-  Publications 
-  Articles 

#           In kittiwakes food availability partially explains the seasonal decline in humoral immunocompetence      

      January 1, 2006    

                            -  The immune system plays an important role in fitness, and interindividual variation in immunocompetence is due to several factors including food supply. 
                            -  Seasonal variation in food resources may therefore explain why immunocompetence in bird nestlings usually declines throughout the breeding season, with chicks born early in the season receiving more food than chicks born later, and thereby possibly developing a more potent immune system. Although there are studies supporting this hypothesis, none has been experimental. 
                            -  We performed an experiment in the kittiwake Rissa tridactyla by manipulating the food supply of pairs that were left to produce a first brood, and of pairs that were induced to produce a late replacement brood. 
                            -  If food supply mediates, at least partially, seasonal variations in chick immunocompetence, non‐food‐supplemented chicks would show a stronger seasonal decline in immunocompetence than food‐supplemented chicks. 
                            -  Food supplementation improved humoral immunocompetence (the production of immunoglobulins Y), but not T‐cell immunocompetence (phytohaemagglutinin, PHA response). T‐cell immunocompetence of food‐supplemented and non‐food‐supplemented chicks decreased through the season but to a similar extent, whereas the humoral immunocompetence of non‐food‐supplemented chicks decreased more strongly than that of food‐supplemented chicks. 
                            -  Our results suggest that the seasonal decline in humoral immunocompetence can be explained, at least partly, by variations in food supply throughout the breeding season. 

## Citation Information

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(LOGO)ARTHUR ANDERSEN



REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS





To GE Capital Loan Services, Inc.

We have  examined  management's  accompanying  assertion  about GE Capital  Loan
Services,  Inc.'s  (GECLS)  compliance  with  the  minimum  servicing  standards
identified  in the Mortgage  Bankers  Association  of America's  Uniform  Single
Attestation  Program for  Mortgage  Bankers  (USAP) as of and for the year ended
December 31, 1999, in relation to its servicing of  multifamily  and  commercial
mortgage  loans and that  GECLS had in effect a  fidelity  bond and  errors  and
omissions  policy in the amount of  $550,000,000  as of December 31,  1999.  Our
examination included all third-party loan portfolios.  Management is responsible
for GECLS's  compliance  with those  servicing  standards and for  maintaining a
fidelity bond and errors and omissions policy.  Our responsibility is to express
an opinion on management's assertion based on our examination.

Our  examination  was  made in  accordance  with  standards  established  by the
American  Institute of Certified Public Accountants and,  accordingly,  included
examining,  on a test basis,  evidence about GECLS's compliance with the minimum
servicing  standards  and  performing  such other  procedures  as we  considered
necessary  in the  circumstances.  We believe  that our  examination  provides a
reasonable  basis for our  opinion.  Our  examination  does not  provide a legal
determination on GECLS's compliance with the minimum servicing standards.

In our opinion,  management's  accompanying assertion that GECLS complied in all
material respects with the aforementioned minimum servicing standards and had in
effect a  fidelity  bond and  errors  and  omissions  policy  in the  amount  of
$550,000,000  as of  December  31,  1999,  is  fairly  stated,  in all  material
respects.

Arthur Andersen LLP


Houston, Texas
January 14, 2000
# L_2004293EN.01000601.xml

| 16.9.2004 | EN | Official Journal of the European Union | L 293/6 |
| --- | --- | --- | --- |

16.9.2004

EN

Official Journal of the European Union

L 293/6

---

COMMISSION REGULATION (EC) No 1611/2004

of 15 September 2004

laying down the reduction coefficient to be applied under the tariff quota for corn opened by Regulation (EC) No 958/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),

Having regard to Commission Regulation (EC) No 958/2003 of 3 June 2003, laying down detailed rules for the application of Council Decision 2003/286/EC as regards the concessions in the form of Community tariff quotas on certain cereal products originating in the Republic of Bulgaria and amending Regulation (EC) No 2809/2000 (2), and in particular Article 2(3),

Whereas:

| (1) | Regulation (EC) No 958/2003 opens an annual tariff quota of 88 000 t of corn for the 2004/2005 marketing year. |
| --- | --- |

(1)

Regulation (EC) No 958/2003 opens an annual tariff quota of 88 000 t of corn for the 2004/2005 marketing year.

| (2) | The quantities applied for on 13 September 2004, in accordance with Article 2(1) of Regulation (EC) No 958/2003, exceed the quantities available. The extent to which licences may be issued should therefore be determined and a reduction coefficient laid down to be applied to the quantities applied for, |
| --- | --- |

(2)

The quantities applied for on 13 September 2004, in accordance with Article 2(1) of Regulation (EC) No 958/2003, exceed the quantities available. The extent to which licences may be issued should therefore be determined and a reduction coefficient laid down to be applied to the quantities applied for,

HAS ADOPTED THIS REGULATION:

Article 1

Each application for an import licence for quota ‘Bulgaria’ for corn lodged and forwarded to the Commission on 13 September 2004 in accordance with Article 2(1) and (2) of Regulation (EC) No 958/2003 shall be accepted at a rate of 0,0518166 of the quantity applied for.

Article 2

This Regulation shall enter into force on 16 September 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 September 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 270, 21.10.2003, p. 78.

1

(2)  
  OJ L 136, 4.6.2003, p. 3.

2

---
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

DOUGLAS MARTIN SHUFFLER,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 683 MAL 2019

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 16th day of March, 2020, the Petition for Allowance of Appeal is 

DENIED.
<PAGE>

                                                                      EXHIBIT 21

List of Subsidiaries of Active Software, Inc.
---------------------------------------------
<TABLE>
<CAPTION>

Name of Subsidiary                   Jurisdiction     Doing Business As
------------------                   ------------     -----------------
<S>                                  <C>              <C>
Active Software International, Inc.  California       Active Software International

Alier, Inc.                          California       Alier, Inc.

Active Software Europe B.V.          Netherlands      Active Software Europe B.V.

Active Software (U.K.) Ltd.          United Kingdom   Active Software (U.K.) Ltd.

ASWX PTE LTD                         Singapore        ASWX PTE LTD
</TABLE>

Active Software International, Inc. and Alier, Inc. are wholly owned
subsidiaries of Active Software, Inc. Active Software Europe B.V., ASWX PTE LTD
and Active Software (UK) Ltd. are wholly owned subsidiaries of Active Software
International Inc.
Exhibit
32.1





CERTIFICATION


OF


CHIEF
EXECUTIVE OFFICER


AND


CHIEF
FINANCIAL OFFICER


PURSUANT
TO 18 U.S.C. 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





I, Jacov
Vaisman, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q of
Advanced Medical Institute Inc. for the quarter ended March 31, 2009 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 in all material respects and that information contained in
such Quarterly Report on Form 10-Q fairly presents, in all material respects,
the financial condition and results of operations of Advanced Medical Institute
Inc.




I, Dilip
Shrestha, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q of
Advanced Medical Institute Inc. for the quarter ended March 31, 2009 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 in all material respects and that information contained in
such Quarterly Report on Form 10-Q fairly presents, in all material respects,
the financial condition and results of operations of Advanced Medical Institute
Inc.




Date: May
15, 2009




By:
                  /s/ Jacov
      VaismanJacov
      VaismanChief
      Executive OfficerBy:
                  /s/ 
      Dilip ShresthaDilip
      ShresthaChief
      Financial Officer
# L_2004315EN.01005401.xml

| 14.10.2004 | EN | Official Journal of the European Union | L 315/54 |
| --- | --- | --- | --- |

14.10.2004

EN

Official Journal of the European Union

L 315/54

---

Corrigendum to Commission Regulation (EC) No 1761/2004 of 12 October 2004 laying down specific measures in the cauliflower sector

(
  Official Journal of the European Union L 314 of 13 October 2004
  )

The publication of Regulation (EC) No 1761/2004 is to be considered null and void.

---
EXHIBIT 32.2

STATEMENT OF THE CHIEF FINANCIAL OFFICER

OF KNOLOGY, INC.

PURSUANT TO 18 U.S.C. § 1350

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned hereby certifies in his capacity as an officer of Knology, Inc. (the Company) that, to his knowledge, this
Quarterly Report on Form 10-Q/A for the three months ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (this Report), fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934, and the information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: October 26, 2011



|                       
|-----------------------
|/s/ Robert K. Mills    
|Robert K. Mills        
|                       
|Chief Financial Officer
^u. RECEIVED IN

COURT OF CRIMINAL APPEALS

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Hyui GaJ Bkss (J^ Of/. /ttfd$ U}*6* 7

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## Breadcrumb

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#           Landslides in Colorado, USA--Impacts and loss estimation for 2010      

      October 29, 2012    

View Document

The focus of this study is to investigate landslides and consequent losses which affected Colorado in the year 2010. By obtaining landslide reports from a variety of sources, this report will demonstrate the feasibility of creating a profile of landslides and their effects on communities. A short overview of the current status of landslide-loss studies for the United States is introduced, followed by a compilation of landslide occurrence and associated losses and impacts which affected Colorado for the year 2010. Direct costs are summarized in descriptive and tabular form, and where possible, indirect costs are also noted or estimated. Total direct costs of landslides in Colorado for the year 2010 were approximately $9,149,335.00 (2010 U.S. dollars). (Since not all data for damages and costs were obtained, this figure realistically could be considerably higher.) Indirect costs were noted where available but are not totaled due to the fact that most indirect costs were not obtainable for various reasons outlined later in this report. Casualty data are considered as being within the scope of loss evaluation, and are reported in Appendix 1, but are not assigned dollar losses. More details on the source material for loss data not found in the reference section are reported in Appendix 2, and Appendix 3 summarizes notes on landslide-loss investigations in general and lessons learned during the process of loss-data collection.

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#### Geologic Hazards Science Center

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EXHIBIT 32.2



STATEMENT OF THE CHIEF FINANCIAL OFFICER

OF KNOLOGY, INC.

PURSUANT TO 18 U.S.C. § 1350

AS ADOPTED PURSUANT TO

§ 906 OF
THE SARBANES-OXLEY ACT OF 2002



The undersigned hereby
certifies in his capacity as an officer of Knology, Inc. (the Company) that, to his knowledge, this quarterly report on Form 10-Q for the three months ended March 31, 2005 as filed with the Securities and Exchange Commission on the date
hereof (this Report), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, and the information contained in this Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.



|                    |  |                        
|------------------- |  | -----------------------
|Dated: May 13, 2005 |  | /s/ Robert K. Mills    
|                    |  | Robert K. Mills        
|                    |  | Chief Financial Officer
II 

112TH CONGRESS 

2D SESSION S. 3511 

To amend title 38, United States Code, to authorize the Secretary of Veterans 

Affairs to transport individuals to and from facilities of the Department 

of Veterans Affairs in connection with rehabilitation, counseling, examination, treatment, and care, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2012 

Mr. TESTER (for himself, Mr. BEGICH, and Mr. BROWN of Ohio) introduced 

the following bill; which was read twice and referred to the Committee 

on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to authorize the 

Secretary of Veterans Affairs to transport individuals 

to and from facilities of the Department of Veterans 

Affairs in connection with rehabilitation, counseling, examination, treatment, and care, 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, 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•S 3511 IS

1 SECTION 1. TRANSPORTATION OF INDIVIDUALS TO AND 

2 FROM FACILITIES OF DEPARTMENT OF VET3 ERANS AFFAIRS. 

4 (a) IN GENERAL.—Chapter 1 of title 38, United 

5 States Code, is amended by inserting after section 111 the 

6 following new section: 

7 ‘‘§ 111A. Transportation of individuals to and from 

8 Department facilities 

9 ‘‘(a) TRANSPORTATION BY SECRETARY.—The Sec10 retary may transport any person to or from a Department 

11 facility or other place in connection with vocational reha12 bilitation, counseling required by the Secretary pursuant 

13 to chapter 34 or 35 of this title, or for the purpose of 

14 examination, treatment, or care.’’. 

15 (b) CONFORMING AMENDMENT.—Subsection (h) of 

16 section 111 of such title is— 

17 (1) transferred to section 111A of such title, as 

18 added by subsection (a); 

19 (2) redesignated as subsection (b); 

20 (3) inserted after subsection (a) of such section; 

21 and 

22 (4) amended by inserting ‘‘TRANSPORTATION

23 BY THIRD-PARTIES.—’’ before ‘‘The Secretary’’. 

24 (c) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of chapter 1 of such title is amended by 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•S 3511 IS

1 inserting after the item relating to section 111 the fol2 lowing new item: 

‘‘111A. Transportation of individuals to and from Department facilities.’’. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS
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  USA  Telcom
Internationale (the "Company") on Form 10-QSB for the period ending
June 30, 2003, as filed with the Securities and Exchange Commission
on  the  date hereof (the "Report"), I, Allen Jones, acting in  the
capacity as the Chief Executive Officer and Chief Financial Officer
of  the Company, certify to the best of our knowledge, 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/ Allen Jones
-------------------
     Allen Jones
     Chief Executive Officer
     August 20, 2003