alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex_164839.htm


Exhibit 10.9


 


 


KemPharm, Inc.


Fourth Amended and Restated Non-Employee Director Compensation Policy


 


Each member of the board of director (the “Board”) of KemPharm, Inc. (the “Company”) who is not also an employee of the Company or any subsidiary of the Company shall be entitled to the following compensation for service on the Board and its committees:


 


Cash Compensation


 


Cash compensation shall be paid in the following annual amounts. Payments shall be made in quarterly installments in arrears on the last day of each calendar quarter in which service occurred, and shall be prorated as appropriated for a director who does not serve for the full quarter.


 


	
			1.

				
			Annual Board Service Retainer:

			



 


	
			 

				
			a.

				
			All non-employee directors: $26,250

			
	
			 

				
			b.

				
			Chairman of the Board, if not an employee, or lead independent director, if any (in addition to the retainer for all non-employee directors): $11,250

			



 


	
			2.

				
			Annual Committee Member Service Retainer:

			



 


	
			 

				
			a.

				
			Member of the Audit Committee: $5,625

			
	
			 

				
			b.

				
			Member of the Compensation Committee: $3,750

			
	
			 

				
			c.

				
			Member of the Nominating and Corporate Governance Committee: $3,750

			



 


	
			3.

				
			Annual Committee Chair Service Retainer (in addition to Committee Member Service Retainer):

			



 


	
			 

				
			a.

				
			Chairman of the Audit Committee: $11,250

			
	
			 

				
			b.

				
			Chairman of the Compensation Committee: $7,500

			
	
			 

				
			c.

				
			Chairman of the Nominating and Corporate Governance Committee: $5,625

			



 


Equity Compensation


 


The equity compensation set forth below will be granted under the Company’s 2014 Equity Incentive Plan (the “Plan”). All stock options granted under this policy will be nonqualified stock options using the Company’s standard form of Nonqualified Stock Option Agreement under the Plan, with an exercise price per share equal to the last reported sale price of the Company’s common stock on the Nasdaq Capital Market on the date of grant or, if such grant date is not a trading date, on the last trading date prior to the grant date, and with a term of ten years from the date of grant (subject to earlier termination in connection with a termination of service as provided in the Plan).


 


Annual Grant: On the date of each annual stockholders meeting of the Company, each director who continues to serve as a non-employee member of the Board following such stockholders meeting will be automatically, and without further action by the Board or the Compensation Committee of the Board, be granted a stock option for 30,000 shares of common stock. The stock options will vest and become exercisable in full on the earlier of (1) the first anniversary of the grant date, (2) the day before the first annual stockholders meeting occurring after the grant date or (3) immediately prior to a “Change in Control” as defined in the Plan, subject in each case to the director’s continued service on such vesting date.
Exhibit 99.3

Cendant Mortgage Company Logo Here

December 13, 2001

Bankers Trust Company
part of the Deutsche Bank Group
1761 East St. Andrew Place
Santa Ana, CA  92705-4934

RE:  Officer's Certificate
        Pass Through Certificates
        Series:  2000-1, 2000-2

Dear Master Servicer:

The undersigned officer certifies the following for the 2000 calendar year.

a) I have reviewed the activities and performances of the Servicer during the
preceding fiscal year under the terms of the Servicing Agreement, Trust
Agreement, Pooling and Servicing Agreement and/or Servicer Guide and to the
best of my knowledge, the Servicer has fulfilled all of its duties,
responsibilities or obligations under these Agreements throughout such
year, or if there has been a default or failure of the Servicer to perform
any such duties, responsibilities or obligations, a description of each
default or failure and the nature and status thereof has been reported to
Deutsche Bank;

b) I have confirmed that the Servicer is currently an approved FNMA or
FHLMC Servicer in good standing;

c) I have confirmed that the Fidelity Bond, the Errors and Omissions Insurance
Policy and any other bonds required under the terms of the Servicing Agreement,
trust Agreement, Pooling and Servicing Agreement and/or Servicer Guide are in
full force and effect;

d) To the best of my knowledge, all premiums for each Hazard Insurance
Policy, Flood Insurance Policy (if applicable) and Primary Mortgage
Insurance Policy (if

<PAGE>

applicable), with respect to each Mortgaged Property, have been paid and
that such insurance policies are in full force and effect;

e) To the best of my knowledge, all real estate taxes, governmental
assessments and any other expenses accrued and due, that if not paid
could result in a lien or encumbrance on any Mortgage Property, have been
paid, or if any such costs or expenses have been paid with respect to any
Mortgaged Property, the reason for the non-payment has been reported to
Deutsche Bank.

f) To the best of my knowledge, all Custodial Accounts have been reconciled
and are properly funded; and

g) To the best of my knowledge, all annual reports of Foreclosure and
Abandonment of Mortgaged Property required per section 6050J and 6050P
of the Internal Revenue Code, respectively, have been prepared and filed.


Certified by:

/s/  Marc J. Hinkle
Officer - Mark J. Hinkle

Vice President - Loan Servicing
Title

12/12/2001
Date
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER>  1
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               DEC-31-1998
<CASH>                                       2,301,654
<INT-BEARING-DEPOSITS>                       7,404,363
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0 
<INVESTMENTS-CARRYING>                       4,019,592
<INVESTMENTS-MARKET>                         4,040,404
<LOANS>                                     91,188,233
<ALLOWANCE>                                    831,125
<TOTAL-ASSETS>                             109,876,650
<DEPOSITS>                                  68,581,294
<SHORT-TERM>                                 2,500,000
<LIABILITIES-OTHER>                            940,217
<LONG-TERM>                                 19,825,000
<COMMON>                                        13,225
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  18,016,914
<TOTAL-LIABILITIES-AND-EQUITY>             109,876,650
<INTEREST-LOAN>                              3,752,265
<INTEREST-INVEST>                              137,093
<INTEREST-OTHER>                               240,551
<INTEREST-TOTAL>                             4,129,909
<INTEREST-DEPOSIT>                           1,339,155
<INTEREST-EXPENSE>                           1,925,358
<INTEREST-INCOME-NET>                        2,204,551
<LOAN-LOSSES>                                  119,874
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              1,490,239
<INCOME-PRETAX>                                689,358
<INCOME-PRE-EXTRAORDINARY>                     424,388
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   424,388
<EPS-PRIMARY>                                     0.00
<EPS-DILUTED>                                     0.00
<YIELD-ACTUAL>                                    8.00
<LOANS-NON>                                    142,000
<LOANS-PAST>                                   195,000
<LOANS-TROUBLED>                                47,000
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               751,123
<CHARGE-OFFS>                                   42,123
<RECOVERIES>                                     2,125
<ALLOWANCE-CLOSE>                              831,125
<ALLOWANCE-DOMESTIC>                           831,125
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
                  

</TABLE>
# USCIS Adopts Department of Labor Definition of “Science or Art”

04/10/2024

U.S. Citizenship and Immigration Services is issuing policy guidance (PDF, 321.14 KB) in the USCIS Policy Manual to add the U.S. Department of Labor (DOL) definition of “science or art” for Schedule A, Group II cases.

For many employment-based 2nd and 3rd preference (EB-2 and EB-3) petitions, employers must obtain a labor certification from DOL before filing Form I-140, Immigrant Petition for Alien Workers, with USCIS. For certain occupations, referred to as Schedule A occupations, DOL has predetermined that there are not sufficient U.S. workers who are able, willing, qualified, and available. For these occupations, employers submit the labor certification directly to USCIS, bypassing DOL review. Currently, DOL has designated two groups of occupations under Schedule A: registered nurses and physical therapists (Group I); and beneficiaries with exceptional ability in the sciences or arts (except performing arts) and beneficiaries with exceptional ability in performing arts (Group II). 

Since USCIS considers DOL regulations when adjudicating petitions based on Schedule A occupations, we are now adding reference to DOL’s regulatory definition of “science or art” into our policy to align with DOL, as it relates to Group II. When designating Schedule A, Group II, DOL defines science or art as “any field of knowledge or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge or skill.” We made an additional update to explain that, as with all adjudications, we review both the quantity and the quality of the evidence provided.

This guidance, contained in Volume 6 of the Policy Manual, is effective immediately upon publication. This update does not change policy or operations. This is an update to incorporate the DOL definition in the USCIS Policy Manual.

For more information, please see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual. 

04/10/2024

0 / 2000To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.
Exhibit 32.1

                        CERTIFICATION OF PERIODIC REPORT

Pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley  Act of  2002,  each  of the  undersigned  officers  of  Veridium
Corporation (the "Company"), certifies that:

1.   The Annual Report on Form 10-KSB of the Company for the year ended December
     31, 2003 (the  "Report")  fully complies with the  requirements  of Section
     13(a) or 15(d) of the  Securities  Exchange  Act of 1934 (15 U.S.C.  78m or
     78o(d)); and

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





By:             /s/ Kevin Kreisler
                    -------------------------
                    Kevin Kreisler
                    Chief Executive Officer and Chief Financial Officer
Date:               January 24, 2006


This  certification  is made solely for the purpose of 18 U.S.C.  Section  1350,
subject  to the  knowledge  standard  contained  therein,  and not for any other
purpose.
-1-

S T A T E O F M I C H I G A N

C O U R T O F A P P E A L S

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

UNPUBLISHED

March 27, 2018

v No. 335165

Genesee Circuit Court

NOAH TANIAL PARKER, LC No. 15-037150-FC

Defendant-Appellant.

Before: MURRAY, P.J., and CAVANAGH and FORT HOOD, JJ.

CAVANAGH, J. (dissenting).

I respectfully dissent from the majority’s decision to affirm defendant’s departure 

sentence for voluntary manslaughter. I would vacate the sentence because the trial court relied 

on an impermissible sentencing factor and imposed a sentence without adequately justifying the 

extent of the departure as required under the principle of proportionality.

First, as defendant argues, the trial court based its departure sentence on an 

impermissible independent finding of guilt on the first-degree murder charge. “A trial court may 

not make an independent finding of guilt and then sentence a defendant on the basis of that 

finding.” People v Dixon, 217 Mich App 400, 410; 552 NW2d 663 (1996). During the 

sentencing proceeding the trial court made numerous and repeated statements which indicated 

that it believed defendant should have been convicted of first-degree murder and that there was 

no basis for the jury verdict. The court specifically refuted the jury’s implicit finding that the 

victim was armed with a machete which served as provocation for the voluntary manslaughter 

conviction stating, for example: “I do not believe for a minute he had a weapon on him at the 

time you shot him.” The court then relied on its independent finding as a reason for justifying 

the departure sentence imposed, in effect punishing defendant in contravention to the jury’s 

verdict. Therefore, I would hold that defendant is entitled to be resentenced. See People v 

Fortson, 202 Mich App 13, 21; 507 NW2d 763 (1993).

Second, the trial court imposed a departure sentence without adequately justifying the 

extent of the departure as required under the principle of proportionality. While I agree with the 

majority that the trial court did not violate the principle of proportionality by deciding that a 

departure sentence was warranted, the court’s conclusion that defendant’s “egregious” conduct 

warranted the maximum sentence possible is insufficient. See People v Lockridge, 498 Mich 

358, 392; 870 NW2d 502 (2015). “A sentence cannot be upheld when the connection between 
-2-

the reasons given for departure and the extent of the departure is unclear.” People v Smith, 482 

Mich 292, 304, 311; 754 NW2d 284 (2008). In other words, if the trial court fails to provide 

“adequate reasons for the extent of the departure sentence imposed,” then the trial court has 

abused its discretion in applying the principle of proportionality. People v Steanhouse, 500 Mich 

453, 476; 902 NW2d 327 (2017). Consequently, I would vacate the departure sentence and 

remand for resentencing.

/s/ Mark J. Cavanagh
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

April 13, 2006 Clifford W. Taylor,

 Chief Justice 

130017 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

MARGARET ROBERTS,

Plaintiff-Appellant, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 130017 

 COA: 254503 

Otsego CC: 02-009968-NO 

COUNTY OF OTSEGO,

Defendant-Appellee. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the October 25, 2005 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court. 

CAVANAGH and KELLY, JJ., would grant leave to appeal. 

s0406 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

April 13, 2006 

Clerk
# United States **Court of Appeals**  **for the Federal Circuit**

______________________ December 9 , 2015
ERRATUM

______________________ Appeal Nos. 2014

- 1139, 2014

- 1144

______________________ ARIOSA DIAGNOSTICS, INC

. , NATERA, INC., Plaintiffs

- Appellees
DNA DIAGNOSTICS CENT ER, INC., Counterclaim Defendant

- Appellee

v. SEQUENOM, INC., SEQUENOM CENTER FOR MOLECULAR MEDICINE, LLC, Defendants

- Appellants
ISIS INNOVATION LIMI TED, Defendant

______________________ Decided: December 2, 2015 Precedential Order

______________________ Please make the following change: Page 2, line 4, add “Joseph M. Lipner ”
**Exhibit 23.2**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 of sanofi-aventis 

(No. 333-157685, No. 333-149203, No. 333-145074, No. 333-139555, No.333-125490, No. 333-121584, No. 333-121583 and 

No. 333-107238) of our reports dated March 9, 2010 relating to the consolidated financial statements and the effectiveness of internal control over financial reporting, which appear in this annual report on Form 20-F for the year endedDecember 31, 2009. 

Neuilly-sur-Seine, France 

March 12, 2010 

PricewaterhouseCoopers Audit 

Catherine Pariset                     Philippe Vogt
Exhibit 21.1
 Subsidiaries of the Registrant
 State or Other Jurisdiction ofName of Subsidiary *
    
    Incorporation or OrganizationCatapult Communications Corporation
    
    NevadaS.C. Ixia SRL
    
    RomaniaIxia Technologies Private Limited
    
    IndiaCatapult Communications Corporation Subsidiaries:Ixia Technologies International Limited (formerly Catapult Communications International Limited)
    
    IrelandIxia Communications Kabushiki Kaisha (formerly Catapult Communications Kabushiki Kaisha)
    
    JapanIxia Technologies International Limited Subsidiaries:Ixia Australia Pty. Ltd.
    
    AustraliaIxia Communications Canada Limited
    
    CanadaIxia Technologies Europe Limited (formerly Catapult Communications Limited)
    
    United KingdomIxia Technologies (Shanghai) Company Limited (formerly Catapult Communications (China)
Corporation Limited)
    
    ChinaIxiaCom Technologies Sdn. Bhd.
    
    Malaysia
 
 *
    
    The subsidiaries of the Registrant do not do business under any name other than as listed above. 94
EXHIBIT 10.11


                                    AGREEMENT

     This Agreement is effective as of May 1, 2006, and is by and between
OraLabs, Inc., a Colorado corporation (the "Company") and Gary Schlatter (the
"Employee").

     WHEREAS, the parties entered into an Amended and Restated Employment
Agreement effective May 1, 2003 (the "Employment Agreement"); and

     WHEREAS, the Employment Agreement expires on April 30, 2006; and

     WHEREAS, the parties wish to amend the Employment Agreement as described in
this instrument.

     NOW, THEREFORE, in consideration of the foregoing and for other good and
valuable consideration, the adequacy and sufficiency of which is acknowledged by
the parties, the parties agree as follows:

          1. The Term of the Employment Agreement is hereby extended for one
          year, from April 30, 2006 to April 30, 2007.

          2. The salary for the Employee's services performed under the
          Employment Agreement shall be $522,610.00 for the year, which shall be
          payable by the Company in equal weekly installments and reduced by
          applicable withholding of federal, state and local taxes. The annual
          salary represents a 10% increase over the prior year's salary.

          3. Except as modified by this Agreement, all provisions of the
          Employment Agreement remain in full force and effect.

     IN WITNESS WHEREOF, the parties have executed this agreement on the dates
set forth below.

COMPANY:                                       EMPLOYEE:

ORALABS, INC., a Colorado corporation          /s/ Gary H. Schlatter
                                               ---------------------------------
                                                   Gary H. Schlatter

                                               Date:
                                                     ---------------------------

By: /s/ Michael I. Friess
    ---------------------------------------
    Michael I. Friess, authorized director

Date:
      -------------------------------------
I 

111TH CONGRESS 

2D SESSION H. R. 6226 

To amend the Small Business Act to permit agencies to count certain 

contracts toward contracting goals. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2010 

Mr. FOSTER introduced the following bill; which was referred to the 

Committee on Small Business 

A BILL 

To amend the Small Business Act to permit agencies to 

count certain contracts toward contracting goals. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Business Fair5 ness Act of 2010’’. 

6 SEC. 2. TEAMING ARRANGEMENTS AND AGENCY CON7 TRACTING GOALS. 

8 Section 15(g) of the Small Business Act (15 U.S.C. 

9 644(g)) is amended by adding at the end the following: 


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2 

•HR 6226 IH

1 ‘‘(3) TEAMING ARRANGEMENTS AND AGENCY

2 CONTRACTING GOALS.— 

3 ‘‘(A) IN GENERAL.—In the case of a con4 tract between a Federal agency and a small 

5 business teaming arrangement entity, to the ex6 tent that the obligations of the teaming ar7 rangement entity under the contract are per8 formed, pursuant to the terms of the contractor 

9 team arrangement, by a covered small business 

10 concern, the agency may count that contract to11 ward meeting the contracting goals established 

12 with respect to such a covered small business 

13 concern under paragraph (2). 

14 ‘‘(B) DEFINITIONS.—In this paragraph: 

15 ‘‘(i) The term ‘teaming arrangement 

16 entity’ means a prime contractor under a 

17 contractor team arrangement (as such 

18 term is defined in section 9.601 and 9.602 

19 of the Federal Acquisition Regulation (48 

20 C.F.R. 9.601–602, as in effect on October 

21 1, 2009)). 

22 ‘‘(ii) The term ‘covered small business 

23 concern’ means— 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 6226 IH

1 ‘‘(I) a small business concern 

2 owned and controlled by service-dis3 abled veterans; 

4 ‘‘(II) a small business concern 

5 owned and controlled by socially and 

6 economically disadvantaged individ7 uals; or 

8 ‘‘(III) a small business concern 

9 owned and controlled by women; or 

10 ‘‘(IV) a qualified HUBZone small 

11 business concern, including— 

12 ‘‘(aa) Alaska Native Cor13 poration; and 

14 ‘‘(bb) a small business con15 cern that is wholly owned by one 

16 or more Indian tribal govern17 ments.’’. 

Æ 


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Exhibit 13.2





SECTION 906 CERTIFICATION





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 on Form 20-F/A for the fiscal year ended December 31, 2011 of Hydrogenics Corporation (the “Company”) as filed with the US Securities and Exchange Commission (the “Commission”) on the date hereof (the “Report”) and pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Jennifer Barber, Chief Financial Officer of the Company, certify, that:





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





By:

/s/ Jennifer BarberName:

Jennifer BarberTitle:

Chief Financial Officer





Date: August 27, 2012








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