alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Lenox Group, Inc. Exhibit 10.2 to Form 8-K







Exhibit 10.2


 

 

 


November 19, 2008


 


Mr. Fred Spivak


95 Mimosa Drive


Roslyn, NY 11576


 


Dear Fred:


 


Based on current circumstances, the Compensation Committee of the Board of Directors (the “Board”) of Lenox Group Inc. (the “Company”) has approved the following amendments to your offer of employment letter, dated October 1, 2007, as amended on May 7, 2008 (collectively, the “Offer Letter”): 


 


1.  The “Cash Bonus” section is deleted in its entirety and replaced with the following:  


 


Cash Bonus: You will be eligible to participate in our annual cash incentive program with a target bonus opportunity of 55% of base salary, which could provide a maximum payout of 82.5%.  The cash bonus award associated with this program is dependent on Company performance.  Management gains Compensation Committee approval on annual performance metrics and bonuses are determined based on Company performance against these metrics. A definitive program document governs the cash bonus program.  


 


For Fiscal 2007, the Company paid you a cash bonus in the amount of $125,000.00 which was the guarantee provided in your Offer Letter.  For Fiscal 2008, the Company will guarantee a cash bonus in the amount of $109,375.00 to be paid 50% ($54,687.50) on November 20, 2008 and 50% ($54,687.50) in the first quarter following the year close, provided you are employed by the Company at the end of this fiscal year. Said guaranteed bonus will be an offset against any cash bonus earned pursuant to the performance based bonus approved by the Board.


 


2.  The “Relocation” section is deleted in its entirety and replaced with the following:


 


Relocation: You are eligible for Company relocation benefits as per our relocation policy.  For the period ending February 29, 2009 or at the time of your relocation, whichever occurs first, the Company will reimburse you for hotel and meals in accordance with the Company’s Travel & Entertainment Policy for the days away from home on behalf of the Company plus reasonable commuting costs for two trips home per week.


 














Page 2



 


 


Please acknowledge your acceptance of this amendment to your Offer Letter by signing below and returning this signed letter to me.


 


 





	
Sincerely, 
 	
Acknowledged and Accepted:
 
	
 
 	
 
 
	
 
 	
 
 
	
 
 	
 
 
	
/s/ Branka Hannon     
                 
 	
/s/ Fred Spivak     
                      
 
	
Branka Hannon 
 	
Fred Spivak  
 
	
 
 	
Dated:     11-19-08
<PAGE>

                                                                    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 Quarterly Report on Form 10-Q of Waypoint Financial Corp.
(the "Company") for the period ending September 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, James
H. Moss, Senior Executive Vice President and Chief Financial Officer 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, to the best of my
knowledge:

      (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/ James H. Moss
-----------------
James H. Moss,
Senior Executive Vice President and Chief Financial Officer

November 8, 2004

                                       36
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 Quarterly Report of Thanksgiving Coffee Company, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2009 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, the undersigned President of the Company hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:



| | (i) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (ii) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Joan KatzeffPresidentMay 15, 2009
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<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAY-31-1999
<PERIOD-START>                             JUN-01-1998
<PERIOD-END>                               MAY-31-1999
<EXCHANGE-RATE>                                  1.000
<CASH>                                           1,000
<SECURITIES>                                         0
<RECEIVABLES>                                3,975,760
<ALLOWANCES>                                   199,963
<INVENTORY>                                          0
<CURRENT-ASSETS>                             3,871,786
<PP&E>                                       2,945,627
<DEPRECIATION>                               1,944,316
<TOTAL-ASSETS>                               4,949,250
<CURRENT-LIABILITIES>                        2,792,191
<BONDS>                                        337,909
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            42
<OTHER-SE>                                   1,819,108
<TOTAL-LIABILITY-AND-EQUITY>                 4,949,250
<SALES>                                     13,514,743
<TOTAL-REVENUES>                            13,514,743
<CGS>                                        9,565,061
<TOTAL-COSTS>                                9,565,061
<OTHER-EXPENSES>                             2,679,156
<LOSS-PROVISION>                               100,629
<INTEREST-EXPENSE>                             184,854
<INCOME-PRETAX>                                999,644
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            999,644
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   999,644
<EPS-BASIC>                                       0.24
<EPS-DILUTED>                                     0.21


</TABLE>
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#### The People of the State of New York, Respondent, v Nigel Bellot, Appellant.

— Judgment, Supreme Court, New York County (Myriam Altman, J.), rendered on November 3, 1983, and judgment of resentence of said court rendered on or about May 22, 1985, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal. Concur — Murphy, P. J., Sandler, Carro, Milonas and Wallach, JJ.
# C_2006324EN.01001001.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 324/10 |
| --- | --- | --- | --- |

30.12.2006

EN

Official Journal of the European Union

C 324/10

---

Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council concerning misleading and comparative advertising

COM(2006) 222 final — 2006/0070 (COD)

(2006/C 324/04)

On 6 June 2006, the Council decided to consult the European Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for the Single Market, Production and Consumption, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 20 September 2006. The rapporteur was Mr Westendorp.

In view of the renewal of the Committee's term of office, the plenary assembly decided to vote on this opinion at its October plenary session and appointed Mr Westendorp as rapporteur-general under Rule 20 of the Rules of Procedure. In the absence of Mr Westendorp, the opinion was presented by Mr Pegado Liz.

At its 430th plenary session, held on 26 October 2006, the European Economic and Social Committee adopted the following opinion by 86 votes in favour, with one abstention.

1.   Conclusions and recommendations

| 1.1 | In a ‘people's Europe’, it is important that Community law should be both understandable and transparent. The European Parliament, Council and Commission have therefore also highlighted the need to codify legislative acts that have been frequently amended, and have agreed by interinstitutional agreement that an accelerated procedure may be used. Codification may not involve any substantive changes to the acts in question. |
| --- | --- |

1.1

In a ‘people's Europe’, it is important that Community law should be both understandable and transparent. The European Parliament, Council and Commission have therefore also highlighted the need to codify legislative acts that have been frequently amended, and have agreed by interinstitutional agreement that an accelerated procedure may be used. Codification may not involve any substantive changes to the acts in question.

| 1.2 | The Commission proposal under discussion here is fully consonant with the objective of codification and with the rules involved. The EESC therefore endorses it. |
| --- | --- |

1.2

The Commission proposal under discussion here is fully consonant with the objective of codification and with the rules involved. The EESC therefore endorses it.

Brussels, 26 October 2006.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---
#### In the Matter of Jennifer Rodriguez, Petitioner-Appellant, v New York City Department of Housing Preser*506vation and Development, Respondent-Respondent.

[942 NYS2d 60]

Determination of respondent New York City Department of Housing Preservation and Development, dated August 19, 2010, which, after a hearing, terminated petitioner’s section 8 housing subsidy, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Emily Jane Goodman, J.], entered Apr. 15, 2011), dismissed, without costs. Appeal from the foregoing order, insofar as it transferred the proceeding to this Court, unanimously dismissed, without costs, as taken from an order that is not appealable as of right (CPLR 5701 [b] [1]).

Respondent’s determination was supported by substantial evidence. The record demonstrates that petitioner violated the agency’s policies requiring truthful and complete reporting of household income *(Matter of Morman v New York City Dept. of Hous. Preserv. & Dev.,*81 AD3d 528 [2011]). Petitioner was given ample opportunity to proffer a defense to, or explanation for, the charges, and she did, in fact, articulate several reasons why she did not accurately report her income, including a fear that if she reported her earnings, she would lose her section 8 subsidy. She conceded that her failure to accurately report her income was based on “bad judgment.”

Her argument, raised for the first time in this proceeding, that she suffers from a mental illness that rendered her incapable of truthfully reporting her income, may not be considered (see *Matter of Lee v Department of Hous. Preserov. & Dev. of City of N.Y.,*48 AD3d 376 [2008]). In any event, the hearing representative had no duty to inquire as to petitioner’s mental health since there was no indication that she was suffering from any mental incapacity *(cf. Matter of Bush v Mulligan,*57 AD3d 772, 774-775 [2008]). Furthermore, petitioner fails to provide any evidence that her alleged depression rendered her incapable of truthfully reporting her income. Concur — Andrias J.P., Friedman, Acosta, Freedman and Richter, JJ.
# C_2005327EN.01000101.xml

| 23.12.2005 | EN | Official Journal of the European Union | C 327/1 |
| --- | --- | --- | --- |

23.12.2005

EN

Official Journal of the European Union

C 327/1

---

Notification by the Slovak Republic concerning visa reciprocity (1)

1

(2005/C 327/01)

The Permanent Representation of the Slovak Republic to the European Union presents its compliments to the Council of the European Union and to the European Commission and has the honour of notifying that, pursuant to Article 1(4)(f) of Council Regulation (EC) No 539/2001 of 15 March 2001, as amended by Council Regulation (EC) No 851/2005 of 2 June 2005, the Panamian Republic, by a note of 22 August 2005, has given notification of the abolition of visa requirements for nationals of the Slovak Republic in respect of all types of passport.

The Permanent Representation of the Slovak Republic to the European Union avails itself of this opportunity to assure the Council of the European Union and the European Commission of its highest consideration and friendship.

---

(1)  This notification is published in conformity with Article 1(4)(f) of Council Regulation (EC) No 851/2005 of 2 June 2005 (OJ L 141, 4.6.2005, p. 3) amending Regulation (EC) No 539/2001 of 15 March 2001 (OJ L 81, 21.3.2001, p. 1).

1

---
#### UNITED STATES of America, Plaintiff-Appellee, v. Lashawn Jermaine JOHNSON, Defendant-Appellant.

No. 10-30029.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 2011.*

Filed July 19, 2011.

James Edmund Seykora, Esquire, Assistant U.S., USBI-Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.

Vernon Edward Woodward, Woodward *&*Casey, PLLC, Billings, MT, for Defendant-Appellant.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Lashawn Jermaine Johnson appeals from the 353-month sentence imposed following his jury-trial conviction for various drug offenses involving cocaine base. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Johnson contends that his sentence is substantively unreasonable because the sentence fails to account for the crack/powder disparity and other 18 U.S.C. § 3553(a) sentencing factors. In light of the totality of the circumstances and the factors set forth in section 3553(a), the sentence is substantively reasonable. *See United States v. Carty,*520 F.3d 984, 993 (9th Cir.2008) (en banc).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<PAGE>

                                                                    EXHIBIT 10.1
                              AMENDMENT TO LEASE


        This Amendment to Lease dated the 5th day of September 1996, between 
MOUNTAIN VIEW OFFICE PARK, a partnership with offices at 3131 Princeton Pike, 
Lawrenceville, New Jersey 08648, (hereinafter referred to as "Landlord") and BIO
IMAGING TECHNOLOGIES, INC., with offices at 830 Bear Tavern Road, Trenton, New 
Jersey 08628, hereinafter referred to as Tenant.

                                  WITNESSETH:

        That the Lease of Business Premises, dated October 11, 1991 and
subsequent Amendments dated July 2, 1992, August 31, 1992, December 16, 1993,
and August 3, 1995 between the parties hereto, consisting of 7,835 rentable
square feet is hereby amended as follows:

        Now, Therefore, the parties hereto agree to amend the aforesaid Lease in
the following specific manner and on the following specific terms.

        1.  The term of this renewal shall be for a period of two (2) years 
beginning December 1, 1996 and ending November 30, 1998, however, it is 
understood and agreed this agreement may be cancelled on November 30, 1997, 
by providing Landlord ninety (90) days written notice of cancellation.

        2.  The demised premises shall be increased to 9,061 rentable square 
feet.

        3.  The base rent for this term shall be TWO HUNDRED TWENTY-SIX 
THOUSAND, FIVE HUNDRED TWENTY-FIVE and 00/100 ($226,525.00) DOLLARS.

        The said rent is to be payable monthly in advance on the first day of 
each calendar month for the term hereof, in installments of NINE THOUSAND, FOUR 
HUNDRED THIRTY-EIGHT and 54/100 ($9,438.54) DOLLARS, at the office of Mountain 
View Office Park, 3131 Princeton Pike, Building 4, Suite 209, Lawrenceville, New
Jersey 08648 or as may be otherwise directed by the Landlord in writing.

        4.  The Twenty-Seventh and Twenty-Eighth paragraphs shall be changed 
from 14% to 16.5%.

        5.  The parties agree that in all other respects, the terms of the 
Lease dated October 11, 1991 and subsequent Amendments are hereby affirmed.

<PAGE>
 
     In Witness Whereof, the said parties have hereunto set their hands and 
seals the day and year first above written.


WITNESS:                          MOUNTAIN VIEW OFFICE PARK
 
/s/ Clark Sparano                 /s/ Joseph R. Jingoli
----------------------------      ------------------------------
                                  Joseph R. Jingoli
                                  General Partner and Landlord


WITNESS:                          BIO IMAGING TECHNOLOGIES, INC.

/s/ Robert J. Phillips            /s/ Donald W. Lohin
----------------------------      ------------------------------
Vice President and                Tenant
Chief Financial Officer