alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit
10.01


 


Compensation Practices for
Xcel Energy Non-Employee Directors


 


On August
24, 2005, the Xcel Energy board of directors passed a resolution authorizing an
increase in a component of the non-employee director compensation.  On the first business day following the 2006
annual meeting of shareholders, each non-employee director will receive an
award of stock equivalent units under the Stock Equivalent Plan for
Non-Employee Directors of Xcel Energy (as approved by shareholders on May 20,
2004) representing $64,000 in cash value. Following the change, compensation
practices for non-employee directors of Xcel Energy is outlined in the
following table:


 


	
   

  	
   

  	
  Prior to

  Aug. 31, 2005

  	
   

  	
  After

  Sept. 1, 2005

  	
   

  
	
  Annual
  Director Retainer

  	
   

  	
  $

  	
  35,000

  	
   

  	
  $

  	
  35,000

  	
   

  
	
  Board
  Meeting Attendance Fees (per meeting)

  	
   

  	
  $

  	
  1,500

  	
   

  	
  $

  	
  1,500

  	
   

  
	
  Telephonic
  Meeting Attendance Fees (per meeting)

  	
   

  	
  $

  	
  650

  	
   

  	
  $

  	
  650

  	
   

  
	
  Committee
  Meeting Attendance Fees (per meeting)

  	
   

  	
  $

  	
  1,500

  	
   

  	
  $

  	
  1,500

  	
   

  
	
  Additional
  Retainer for Committee Chair:

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Governance, Compensation & Nominating
  Committee

  	
   

  	
  $

  	
  5,000

  	
   

  	
  $

  	
  5,000

  	
   

  
	
  Operations, Nuclear & Environmental
  Committee

  	
   

  	
  $

  	
  5,000

  	
   

  	
  $

  	
  5,000

  	
   

  
	
  Audit Committee

  	
   

  	
  $

  	
  10,000

  	
   

  	
  $

  	
  10,000

  	
   

  
	
  Finance Committee

  	
   

  	
  $

  	
  5,000

  	
   

  	
  $

  	
  5,000

  	
   

  
	
  Stock
  Equivalent Units

  	
   

  	
  $

  	
  52,800

  	
   

  	
  $

  	
  64,000
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-7649
MARCUS A. JOSEPH, Plaintiff - Appellant, versus MICHAEL MOORE, Director; LAURIE F. BESSINGER, Warden; R. ADAMS, Lieutenant, ASU Supervisor, in their individual and official capacities, Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Charleston. Joseph F. Anderson, Jr., District Judge. (CA-95-3516-2-17AJ) Submitted: March 13, 1997 Decided: March 19, 1997 Before HALL, ERVIN, and WILKINS, Circuit Judges. Affirmed by unpublished per curiam opinion. Marcus A. Joseph, Appellant Pro Se. Kevin Kendrick Bell, ROBINSON, MCFADDEN & MOORE, P.C., Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order denying relief on his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record and the district court's opinion accepting the magistrate judge's recommendation and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Joseph v. Moore , No. CA-95- 3516-2-17AJ (D.S.C. Oct. 3, 1996). We dispense with oral argument because the facts and legal contentions are adequately presented inthe materials before the court and argument would not aid the decisional process.

AFFIRMED
EXHIBIT 10.2


 


COMMITTED CAPITAL ACQUISITION CORPORATION
II


712 Fifth Avenue


22nd Floor


New York, New York 10019


 


May 16, 2016


 


Serruya Private Equity


210 Shields Court


Markham, Ontario


L3R 8V2, Canada


 


RE: Unanimous Board Approval of Initial Business Transaction


 


Ladies and Gentlemen:


 


Reference is made to that certain term sheet
(the “Term Sheet”, attached hereto as Exhibit A), dated as of May 10, 2016, by and among Committed Capital Acquisition
Corporation II, a Delaware corporation (the “Company”), and Serruya Private Equity (“SPE”).


 


WHEREAS, pursuant to the Term Sheet, SPE and/or its designees
have committed to invest up to $50,000,000 in connection with the closing of an initial business transaction (a “Transaction”);


 


WHEREAS, the Company appointed Aaron Serruya as SPE’s
designee to the Company’s Board of Directors (the “Board”);


 


WHEREAS, the Term Sheet requires that the Company agree
that it will not consummate a Transaction without unanimous consent of the Board.


 


NOW THEREFORE, in consideration of the mutual
covenants, agreements and promises contained in the Term Sheet, the receipt and adequacy of which is hereby acknowledged:


 


The Company hereby agrees and covenants
that it will not consummate a Transaction without the unanimous consent of the Board.


 


 


[Signature
Page to Follow]


 


 



     


     


    




 


COMMITTED CAPITAL ACQUISITION CORPORATION II


 


 


By:  /S/ Michael Rapp                                           


Name: Michael Rapp


Title: Chairman and Chief Executive Officer
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 11107 Summary Calendar

ROBERT LEE BROWN , Plaintiff

- Appellant

v. ROBERT WILKIE, SECRETARY, U.S. DEPARTMENT OF VETERANS AFFAIRS , Defendant

- Appellee

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17

- CV

- 1150

Before SMITH, COSTA, and HO, Circuit Judges. PER CURIAM: *
Robert Lee Brown seeks leave to proceed in forma pauperis (IFP) on appeal from the district court’s grant of the appellee ’s Federal Rule of Civil Procedure 12(b)(6) motion to dismiss his 42 U.S.C. § 1983 racial discrimination

c omplaint. Brown also moves for the appointme nt of counsel.

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 17, 2019

Lyle W. Cayce Clerk Case: 18-11107 Document: 00515162340 Page: 1 Date Filed: 10/17/2019No. 18

- 11107

2 By moving to proceed IFP, Brown is challenging the district court’s certification that his appeal was not taken in good faith. See Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997). Our inquiry into Brown’s good faith “is
limited to wh ether the appeal involves legal points arguable on their merits (and therefore not frivolous) .” Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983) (internal quotation marks and citation omitted). Although Brown addresses the district court’s dismissal of h is claims, his arguments are conclusional, at best, and merely reciting a cause of action, supported by only conclusory assertions, is not enough. See Ashcroft v. Iqbal , 556 U.S. 662, 678 (2009). Moreover, Brown does not address the overarching issue, na mely that his arguments essentially raise an employment
discrimination claim and that the exclusive remedy for federal employees to bring such a claim is Title VII of the Civil Rights Act of 1964. See Jackson v.
Widnall , 99 F.3d 710, 716 (5th Cir. 1996).
Brown fail s to identify a legal or factual basis upon which the district court wrongly resolved the merits of his claims or to present any ground upon which the disposition of his claims was erroneous. See Iqbal , 556 U.S. at 678. Thus, he has faile d to show that “the appeal involves legal points arguable on
their merits.” Howard , 707 F.2d at 220 (internal quotation marks and citation omitted)

. Accordingly, Brown’s IFP motion is DENIED. Brown’s motion for the appointment of counsel is likewise DEN IED. Additionally, because this appeal is frivolous, it is DISMISSED. See 5 TH C IR . R. 42.2; Baugh , 117 F.3d
at 202 n.24. Case: 18-11107 Document: 00515162340 Page: 2 Date Filed: 10/17/2019
Exhibit 32
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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.
 /s/ Robert W. Decherd

Robert W. DecherdChairman of the Board, President and Chief Executive OfficerNovember 13, 2009/s/ Alison K. Engel

Alison K. EngelSenior Vice President/Chief Financial OfficerNovember 13, 2009
Exhibit 31.1

CERTIFICATION

I, Michael J. Salameh,certify that:

1.	I have reviewed this quarterlyreport on Form
10-Q of PLX Technology, 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 officers 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(s) 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 the
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:  August 5, 2003





/s/ Michael J. Salameh	   Michael J. Salameh
   President(Principal Executive Officer)

---
EXHIBIT 23.1

             INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM'S CONSENT


We consent to the incorporation by reference in the previously filed
Registration Statement of Amedia Networks, Inc. and Subsidiary on Form S-8 (File
No. 333-38022 and 333-50500) of our report which includes an explanatory
paragraph as to the Company's ability to continue as a going concern dated
February 27, 2006 (except for Note 13A(ii), as to which the date is March 13,
2006, Note 13A(iii), as to which the date is April 7, 2006, Note 13C, as to
which the date is March 2, 2006, Note 13D, as to which the date is April 5,
2006, Note 13E, as to which the date is April 12, 2006, and Note 13F, as to
which the date is April 7, 2006), with respect to our audit of the consolidated
financial statements of Amedia Networks, Inc. and Subsidiary as of December 31,
2005 and for the years ended December 31, 2005 and 2004, which report is
included in this Annual Report on Form 10-KSB/A for the year ended December
31, 2005.


 /s/ Marcum & Kliegman LLP

 Marcum & Kliegman LLP
  New York, New York
    April 28, 2006
Exhibit 31.1
       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.
    
    Designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;
 c.
    
    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
 d.
    
    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 that
has materially affected, or is reasonable likely to materially affect, the registrants
internal control over financial reporting; and
  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.
  /s/ JAMES J. LETO

James J. Leto
Chief Executive Officer
**Fidelity**®**Emerging Europe, Middle East, Africa (EMEA) Fund**

**Class**/Ticker

**Fidelity Emerging Europe, Middle East, Africa (EMEA) Fund**/FEMEX

In this summary prospectus, the term "shares" (as it relates to the fund) means the class of shares offered through this summaryprospectus.

**Summary Prospectus**

**December 29, 2012**
Basil J. MUSNUFF, v. Leroy HAEGER, et al.

No. 15-1491 (R46-001).

Supreme Court of the United States

Oct. 25, 2016.

The petition for writ of certiorari was dismissed today pursuant to Rule 46.1 of the Rules of this Court.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1671 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1671

   Congratulating the Seattle Storm for their remarkable season and 
 winning the 2010 Women's National Basketball Association Championship.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2010

 Mr. McDermott (for himself, Mr. Dicks, Mr. Inslee, Mr. Baird, and Mr. 
  Larsen of Washington) submitted the following resolution; which was 
      referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                               RESOLUTION

 
   Congratulating the Seattle Storm for their remarkable season and 
 winning the 2010 Women's National Basketball Association Championship.

Whereas, on September 16, 2010, the Seattle Storm defeated the Atlanta Dream by 
        a score of 87 to 84 to win the Women's National Basketball Association 
        Championship;
Whereas the Seattle Storm's victory is the second Women's National Basketball 
        Association Championship in the 11-year history of the franchise, as the 
        Storm also won the championship in 2004;
Whereas the Seattle Storm had a regular season record of 28-6, went undefeated 
        at home, and won all 7 postseason games;
Whereas Seattle Storm owners Dawn Tudeau, Lisa Brummel, Anne Levinson, and Ginny 
        Gilder are the first all-female ownership group to win a professional 
        sports title; and
Whereas the entire State of Washington is proud of the accomplishments of the 
        Seattle Storm organization and the dedication of the Seattle Storm fans: 
        Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) congratulates the Seattle Storm for their remarkable 
        season and winning the 2010 Women's National Basketball 
        Association Championship; and
            (2) requests the Clerk of the House to transmit an enrolled 
        copy of this resolution to the Seattle Storm for appropriate 
        display.
                                 <all>
```
Jerome Allan LOACH, petitioner, v. PENNSYLVANIA.

No. 15-9158.

Supreme Court of the United States

Oct. 3, 2016.

Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office denied.

Justice ALITO took no part in the consideration or decision of this petition.
```

[Federal Register: September 17, 2002 (Volume 67, Number 180)]
[Notices]
[Page 58590]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se02-34]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting Notice

Agency Holding the Meeting: Commodity Futures Trading Commission.

Time and Date: 11 a.m. Friday, October 25, 2002.

Place: 1155 21st St., NW., Washington, DC, 9th Floor Conference Room.

Status: Closed.

Matters of be Considered: Surveillance Matters.

Contact Person for More Information: Jean A. Webb, 202-418-5100.

Jean A. Webb,
Secretary of the Commission.
[FR Doc. 02-23736 Filed 9-13-02; 2:35 am]
BILLING CODE 6351-01-M
```
HUSQVARNA PROFESSIONAL PRODUCTS, INC., petitioner, v. NEW HAMPSHIRE.

No. 15-1218.

Supreme Court of the United States

Oct. 3, 2016.

Motion of Outdoor Power Equipment Institute for leave to file a brief as *amicus curiae* granted. Petition for writ of certiorari to the Supreme Court of New Hampshire denied.
EXHIBIT
        10.11

      


      
        	
                Subject:

              	
                Fw:
                  Offer Updated

              	 
	
                Date:

              	
                Wednesday,
                  October 13, 2004 8:46 AM

              	 
	
                From:

              	
                Randy
                  Seffren <randy@aerogrow.com>

              	 
	
                To:

              	
                <michael@aerogrow.com>

              	 


      

      In
        the
        first version I neglegected to add the bonus structure. It is now included
        below.

      -
        -
        -

      Michael:

      


      Thank
        you
        for your generous offer and interest in continuing to work with me. I am
        reviewing the options and will get back to you as soon as possible.

      


      In
        order
        for me to respond I want to make sure I understand the "details" of the offer.
        My attempt at a summary of your offer/request follows:

      


      A.    Immediate
        Bonus of 50,000 shares of stock (in addition to the stock earned in 2004
        to-date)

      


      B.    October-December:

       

      -
        30
        Hours per Week

      -
        Equivalent of $100,000 Annual Salary

      -
        Working
        in Boulder Wed-Saturday Each Week

      -
        Travel
        and Out of Pocket Expenses Paid by AeroGrow

      


      C.    Jan-June:

       

      -
        40
        Hours per Week

      -
        Annual
        Salary of $150,000

      -
        Working
        in Boulder 4-5 days per week

      -
        $1
        Million in Stock Options, Strike Price at $1 per Share

      -
        Travel
        and Out of Pocket Expenses Paid by AeroGrow

      -
        Particpant in the annual bonus program, to be calcuated as a pool representing
        10% of the annual EBITDA. Bonus will be 25% of the pool on annual
        basis.

      


      D.    July
        2005:

       

      -
        40
        Hours Per Week

      -
        Annual
        Salary of $165,000

      -
        Relocation to Boulder

      -
        Particpant in the annual bonus program, to be calcuated as a pool representing
        10% of the annual EBITDA. Bonus will be 25% of the pool on annual
        basis.

      


      Michael,
        please confirm or revise any of the key points detailed above. Once I have
        this
        information I will forward you a list of questions for our further
        discussion.

       

      Thank
        you.

       

      Randy
        Seffren

      847-267-8030
        Office
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: DEAN WITTER & CO., INCORPORATED 

DOCKET NUMBER: 178 

DATE: AUGUST 27, 1971 

DOCUMENT TYPE: CEASE AND DESIST ORDER 

Docket No. 178 

Name: Dean Witter & Co., Incorporated 

Effective August 27, 1971 

Order 

Effective upon the date of service of this order upon the respondent, it 

shall cease and desist from: 

(1) failing to treat and deal with customers' funds as belonging to such, 

customers as required by section 4d of the Commodity Exchange Act (7 U.S.C. 6d) 

and the regulations thereunder; 

(2) failing to hold customers' funds in segregated account as required by 

section 4d of the Commodity Exchange Act (7 U.S.C. 6d) and the regulations 

thereunder; and 

(3) failing to prepare and maintain (a) an accurate record as of the close of 

the market on each business day of the amount of money, securities and property 

which must be in segregated account in order to comply with the requirements of 

section 4d of the Commodity Exchange Act (7 U.S.C. 6d) and the regulations 

thereunder, and (b) such other books and records relating to dealing in 

commodity futures in such form and manner and for such period as may be required 

by the Secretary of Agriculture. 

A copy of this Decision and Order shall be served on each of the parties and 

on each contract market. 

Done at Washington, D. C. 

AUG 2 5 1971 

[SEE SIGNATURE IN ORIGINAL] 

Thomas J. Flavin 

Judicial Officer 

LOAD-DATE: June 16, 2008 
Page 2