alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10(n)


 


RESOLUTION
AMENDING BEMIS COMPANY, INC. 2001 STOCK INCENTIVE PLAN


 


RESOLVED, that Section 7 of
the Company’s 2001 Stock Incentive Plan is hereby amended effective as of
December 1, 2002 to read as follows:


 


7.                                       Equity Units.


 


7.1                                 Grants.  An Employee or Director may be
granted one or more Equity Units under the Plan, and such Equity Units will be
subject to such terms and conditions, consistent with the other provisions of
the Plan, as may be determined by the Board or Committee.  The Board or Committee may impose such
restrictions or conditions, not inconsistent with the provisions of the Plan,
to the vesting of such Equity Units as it deems appropriate, including, without
limitation, that the Participant remain in the continuous employ of the Company
or any Subsidiary until the end of the Performance Period established for said
Equity Units or that the Participant or the Company (or any Subsidiary or
division thereof) satisfy certain performance goals or criteria during the
Performance Period.


 


7.2                                 Payments.  Upon satisfaction of any
applicable restrictions or conditions for payment, each Equity Unit will be
payable in the form of a share of Common Stock (less any applicable tax
withholding).  Each Equity Unit may (but
is not required to) include the right to receive periodic payments from the
Company equivalent to the dividends paid on the underlying Common Stock.  The Board or Committee, in its discretion,
may permit a Participant to elect that payment of an Equity Unit will be
deferred.  The terms of any such
deferral opportunity will be determined by the Board or Committee.


 


7.3                                 Holding Requirement Applicable to Grants Made
to Officers After November 30, 2002.  Equity Units granted to
officers of the Company after November 30, 2002 are subject to the holding
requirement of this section.  Upon
payment of such grants, half of the net shares issued after any required tax
withholding must be held and may not be transferred by the officer for at least
three years after the date any applicable restrictions or conditions for
payment were satisfied.  The other half
of the shares may be sold or transferred immediately.  The Company may adopt appropriate procedures to assure compliance
with the holding requirement, such as placing a legend on the share certificates
or retaining possession of the certificates until the three year holding period
expires.  If an officer’s employment
with the Company terminates, the holding requirement will no longer apply and
the individual will be free to sell or transfer the shares.  The holding requirement does not apply to
grants made to individuals who are not officers of the Company, nor to grants
made to officers prior to December 1, 2002.


 


1
Exhibit (32)(2)



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 Annual Report of Daybreak Mines, Inc., (the "Company") on Form 10-KSB for the period ending February 28, 2005, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Thomas Kilbourne, Principal Accounting Officer of Daybreak Mines, Inc. 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 results of operations of the Company.



Date:  June 14, 2005



By /s/  THOMAS KILBOURNE

Thomas Kilbourne, Principal Accounting Officer
[Federal Register Volume 60, Number 103 (Tuesday, May 30, 1995)]
[Notices]
[Page 28092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13037]



-----------------------------------------------------------------------


DEPARTMENT OF DEFENSE

Defense Science Board 1995 Summer Study Task Force on Technology 
Investments for 21st Century Military Superiority, Hostile Capabilities 
Team; Notice of Advisory Committee Meetings

SUMMARY: The Defense Science Board 1995 Summer Study Task Force on 
Technology Investments for 21st Century Military Superiority, Hostile 
Capabilities Team will meet in closed session on June 6-7, June 21-22, 
and July 12-13, 1995 at Science Applications International Corporation, 
1525 Wilson Boulevard, Arlington, Virginia.
    The mission of the Defense Science Board is to advise the Secretary 
of Defense through the Under Secretary of Defense for Acquisition and 
Technology on scientific and technical matters as they affect the 
perceived needs of the Department of Defense. At these meetings the 
Task Force will focus on those R&D investments that must be made now so 
as to assure a technology base in the year 2000 capable of providing 
U.S. military superiority in the 21st century.
    In accordance with Section 10(d) of the Federal Advisory Committee 
Act, P.L. No. 92-463, as amended (5 U.S.C. App. II, (1988)), it has 
been determined that these DSB Task Force meetings concern matters 
listed in 5 U.S.C. Sec. 552b(c)(1) (1988), and that accordingly these 
meetings will be closed to the public.

    Dated: May 23, 1995.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-13037 Filed 5-26-95; 8:45 am]
BILLING CODE 5000-04-M
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1836 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1836

 To designate the information center at Canaveral National Seashore as 
    the ``T.C. Wilder, Jr., Canaveral National Seashore Information 
                               Center''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2005

  Mr. Feeney introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL

 
 To designate the information center at Canaveral National Seashore as 
    the ``T.C. Wilder, Jr., Canaveral National Seashore Information 
                               Center''.

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

SECTION 1. DESIGNATION.

     The information center at Canaveral National Seashore, located 
approximately 9 miles south of New Smyrna Beach, Florida, on Highway 
A1A, shall be known and designated as the ``T.C. Wilder, Jr., Canaveral 
National Seashore Information Center''.

SEC. 2. REFERENCES.

     Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the information center referred to in 
section 1 shall be deemed to be a reference to the ``T.C. Wilder, Jr., 
Canaveral National Seashore Information Center''.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       4,868,623
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             5,506,441
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               7,387,031
<CURRENT-LIABILITIES>                        1,480,197
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         57
<COMMON>                                       877,149
<OTHER-SE>                                     825,116
<TOTAL-LIABILITY-AND-EQUITY>                 7,387,031
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              13,773
<INCOME-PRETAX>                            (2,026,523)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,026,523)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,026,523)
<EPS-PRIMARY>                                   (0.07)
<EPS-DILUTED>                                   (0.07)
        

</TABLE>
SECTION 302 CERTIFICATION

      I, Robert E. Fitzgerald, Chief Executive Officer of YDI Wireless, Inc.,
certify that:

      1. I have reviewed this quarterly report on Form 10-Q of YDI Wireless,
Inc.;

      2. Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report;

      3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

      4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

            a) designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

            b) evaluated the effectiveness of the registrant's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

            c) disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

      5. The registrant's other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to
the registrant's auditors and the audit committee of registrant's board of
directors (or persons performing the equivalent functions):

            a) all significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrant's ability to record,
process, summarize and report financial information; and

            b) any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal control
over financial reporting.


Date: November 15, 2004                           /s/ Robert E. Fitzgerald
                                               ---------------------------------
                                               Robert E. Fitzgerald
                                               Chief Executive Officer
IN THE SUPREME COURT OF THE STATE OF DELAWARE

THE WILLIAMS COMPANIES, INC., §

ALAN S. ARMSTRONG, STEPHEN §

W. BERGSTROM, NANCY K. BUESE, §

STEPHEN I. CHAZEN, CHARLES I. §

COGUT, MICHAEL A. CREEL, VICKI §

L. FULLER, PETER A. RAGAUSS, §

SCOTT D. SHEFIELD, MURRAY D. § No. 139, 2021

SMITH, WILLIAM H. SPENCE, AND §

COMPUTERSHARE TRUST §

COMPANY, N.A., § Court Below: Court of Chancery

§ of the State of Delaware

Defendants Below, Appellants, §

§

v. § C.A. No. 2020-0707

§

STEPHEN WOLOSKY AND CITY OF §

ST. CLAIR SHORES POLICE & FIRE §

RETIREMENT SYSTEM, §

§

Plaintiffs Below, Appellees. §

Submitted: October 20, 2021

Decided: November 3, 2021

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR and 

MONTGOMERY-REEVES, Justices, constituting the Court en Banc. 

O R D E R

Now this 3rd day of November, 2021 having considered this matter on the briefs 

and oral arguments of the parties and the record below, and having concluded that the same 

should be affirmed on the basis of and for the reasons assigned by the Court of Chancery

in its Memorandum Opinion dated February 26, 2021, its Implementing Order dated March 

4, 2021, and its Final Order and Judgment dated April 23, 2021;
NOW, THEREFORE, IT IS ORDERED that the decisions of the Court of Chancery 

be and the same hereby are, AFFIRMED.

BY THE COURT:

/s/ Karen L. Valihura

Justice
USDC IN/ND case 2:15-cv-00132-WCL-JEM   document 1   filed 04/03/15   page 1 of 7

USDC IN/ND case 2:15-cv-00132-WCL-JEM   document 1   filed 04/03/15   page 2 of 7

USDC IN/ND case 2:15-cv-00132-WCL-JEM   document 1   filed 04/03/15   page 3 of 7

USDC IN/ND case 2:15-cv-00132-WCL-JEM   document 1   filed 04/03/15   page 4 of 7

USDC IN/ND case 2:15-cv-00132-WCL-JEM   document 1   filed 04/03/15   page 5 of 7

USDC IN/ND case 2:15-cv-00132-WCL-JEM   document 1   filed 04/03/15   page 6 of 7

USDC IN/ND case 2:15-cv-00132-WCL-JEM   document 1   filed 04/03/15   page 7 of 7
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6477

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. ROBERT B. CLARKSON, 515 Concord Avenue, Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (1:08-mc-0005-LHT)

Submitted: January 29, 2009 Decided: February 23, 2009

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert B. Clarkson, Appellant Pro Se. Jill Westmoreland Rose, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: The Appellant, Robert B. Clarkson, seeks to appeal the district court’s orders denying his motion under Fed. R. Crim. P. 41(g) seeking return of evidence seized during a search and denying his motion for reconsideration. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The orders Clarkson seeks to appeal are neither final orders nor appealable interlocutory or

collateral orders. See United States v. Reg’l Consulting Servs. for Econ. and Cmty. Dev., Inc. , 766 F.2d 870, 874-75 (4th Cir. 1985). Accordingly, we dismiss the appeal for lack of jurisdiction. 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
1 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION 

ASIA L. MARSHALL, ) 

 Plaintiff ) 

 ) 

VS ) Case No. 1:15-cv-00391-WCL-SLC 

 ) 

ALLEN COUNTY COMMUNITY ) 

CORRECTIONS, ) 

 Defendant ) 

DEFENDANT’S MOTION FOR EXTENSION 

OF TIME WITHIN WHICH TO ANSWER

 Comes now the Defendant, Allen County Community Corrections, by counsel, and by 

way of Defendant’s Motion for Extension of Time Within Which to Answer, requests that this 

Court grant said Defendant and its counsel an additional twenty-eight (28) days, through and 

including March 4, 2016, within which to file an answer to Plaintiff's Employment 

Discrimination Complaint. In support of its Motion, Defendant states the following. 

1. Plaintiff filed the action in this Court on December 18, 2015. 

2. Defendant was served with the Summons and Complaint in this action on January 

15, 2016, and, accordingly, Defendant’s answer to Plaintiff’s Complaint is presently due on or 

before February 5, 2016. 

 3. An extension of time to answer is required at this time because counsel for the 

Defendant was only recently retained has not had time to review the file and issues giving rise to 

this cause of action and has not had an opportunity to confer meaningfully with representatives 

of the Defendant in order to formulate and prepare an answer to the various factual and legal 

issues involved in Plaintiff’s Complaint. 
2 

 4. The undersigned conferred with the Plaintiff, who is pro-se, and Plaintiff refused 

to consent the Defendant’s request for an extension of time. 

 5. Notwithstanding the Plaintiff’s refusal to consent to this requested extension of 

time, the parties will not be prejudiced by the granting of the extension of time, however, the 

Defendant may be prejudiced if such extension is not granted. 

 WHEREFORE, Defendant, by counsel, requests that it be granted an additional twentyeight (28) days, through and including March 4, 2016, within which to file its answer to 

Plaintiff’s Complaint, and for all other just and proper relief in the premises. 

 BEERS MALLERS BACKS & SALIN, LLP 

 Attorneys for Allen County Community Corrections 

 BY: /s/ Laura L. Maser 

 Laura L. Maser (20335-02) 

 110 West Berry Street, Suite 1100 

 Fort Wayne, Indiana 46802 

 T. (260) 426-9706 

 F. (260) 420-1314 

 

CERTIFICATE OF SERVICE

 I hereby certify that on February 2, 2016, I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF system and mailed by United States Postal Service, 

postage prepaid, a copy of the this document to the following non-CM/ECF participant: 

 

Asia L. Marshall 

4526 Redstone Court 

Fort Wayne, IN 46835 

 /s/ Laura L. Maser 

 Laura L. Maser 

23J4652 00015-16001
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
THE SECOND QUARTER 10-QSB AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH 10-QSB.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                       7,703,891
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              10,767,536
<CURRENT-LIABILITIES>                                0
<BONDS>                                     39,663,392
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                (28,992,694)
<TOTAL-LIABILITY-AND-EQUITY>                10,767,536
<SALES>                                              0
<TOTAL-REVENUES>                             2,359,667
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               295,966
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             852,660
<INCOME-PRETAX>                              1,211,041
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<INCOME-CONTINUING>                          1,211,041
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                524,994
<CHANGES>                                            0
<NET-INCOME>                                 1,736,035
<EPS-BASIC>                                      33.68
<EPS-DILUTED>                                    33.68


</TABLE>
Exhibit 32.1
                                                                    ------------


                                  Certification
            Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
        (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18,
                               United States Code)


         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of section 1350, chapter 63 of title 18, United States Code), the
undersigned officer of ELXSI Corporation, a Delaware corporation (the
"Company"), does hereby certify, to the best of such officer's knowledge and
belief, that:

         (1)      the Quarterly Report on Form 10-Q for the period ended June
30, 2003 (the "Report") of the Company 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 materials respects, the financial condition and results of operations of the
Company.



Dated: August 14, 2003                 /s/ ALEXANDER M. MILLEY
                                       ---------------------------
                                       Alexander M. Milley
                                       Chief Executive Officer


         A signed original of this written statement required by Section 906 has
been provided to ELXSI Corporation and will be retained by ELXSI Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.