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








EXHIBIT 10.03


DESCRIPTION OF PERFORMANCE LONG TERM INCENTIVE PLAN FOR FISCAL 2017


On June 14, 2016, the Board approved the Company’s Performance Long Term Cash Incentive Plan for fiscal year 2017. The plan provides the Company’s executive officers (other than the Chief Executive Officer) with the opportunity to earn long term cash bonuses based upon the achievement of pre-established long term performance goals.  The plan provides for 100% of the bonus to be based on the achievement of a cumulative three-year objective. For fiscal year 2017 grants, the performance goals under the plan are based on increases to the free cash flow of the Company.  Actual payout opportunities will range from a threshold of 50% of target to a maximum of 200% of target based on achievement of the performance goals.  Cash payments under the Performance Long Term Cash Incentive Plan will occur on the third anniversary of the initial grant date if the performance targets are met or exceeded. For purposes of determining achievement of award opportunities, the Performance Long Term Cash Incentive Plan uses free cash flow an adjusted, non-GAAP measure.  For purposes of this Plan, the Company defines free cash flow as net cash flows from operating activities less purchases of property and equipment, net of dispositions.
exhibit_4-3.htm










Exhibit 4.3


 


SECOND AMENDMENT TO SERIES A WARRANT







SECOND AMENDMENT dated August 2, 2016 to Series A Warrant ("Series A Warrant") dated April 8, 2008, as amended on January 19, 2010 (the “First Amendment”), issued by New York Global Innovations Inc. (formerly known as Inksure Technologies, Inc.) ("Issuer") to Smithfield Fiduciary LLC ("Holder") for 2,153,433 shares of Common Stock of Issuer.







FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, Issuer and Holder agree to modify the Series A Warrant as follows:







1.  The Exercise Price, as defined in Section 1(b) of the Series A Warrant is hereby decreased from $0.15 to $0.055, subject to adjustment for  events occurring hereinafter as provided in the Series A Warrant.







2.   Section 2(a) is deleted in its entirety.







3.   Except as expressly modified hereby and by the First Amendment, the Series A Warrant remains in full force and effect and unmodified.


 



	 	

NEW YORK GLOBAL INNOVATIONS INC.







By: /s/ Gadi Peleg


Gadi Peleg


Chairman of the Board


 


SMITHFIELD FIDUCIARY LLC


By: Highbridge Capital Management, LLC,


its Trading Manager


 


By:/s/ Jon Dorfman


Jon Dorfman


Managing Director
STATE v. DOLES.

No. COA08-308.

Court of Appeals of North Carolina.

Filed January 6, 2009.

Certification Date January 26, 2009.

Appeal from McDowell (06CRS50920, 06CRS50921, 06CRS50922).

Case reported without published opinion. No error.
II 

110TH CONGRESS 

2D SESSION S. 3425 

To make effective the proposed rule of the Food and Drug Administration 

relating to sunscreen drug products, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2008 

Mr. DODD (for himself, Mr. REED, Mr. KERRY, Mr. CARPER, Mrs. CLINTON, 

and Mr. BIDEN) introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To make effective the proposed rule of the Food and Drug 

Administration relating to sunscreen drug products, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sunscreen Labeling 

5 Protection Act of 2008’’ or the ‘‘SUN Act’’. 


jbell on PROD1PC69 with BILLS
2 

•S 3425 IS

1 SEC. 2. EFFECTIVE DATE FOR RULE RELATING TO SUN2 SCREEN DRUG PRODUCTS FOR OVER-THE3 COUNTER HUMAN USE. 

4 Notwithstanding subchapter II of chapter 5, and 

5 chapter 7, of title 5, United States Code (commonly known 

6 as the ‘‘Administrative Procedure Act’’) and any other 

7 provision of law, the proposed rule issued by the Commis8 sioner of Food and Drugs entitled ‘‘Sunscreen Drug Prod9 ucts for Over-the-Counter Human Use; Proposed Amend10 ment of Final Monograph’’, 72 Fed. Reg. 49070 (August 

11 27, 2007), shall take effect on the date that is 180 days 

12 after the date of enactment of this Act, unless such Com13 missioner issues the final rule, which includes formulation, 

14 labeling, and testing requirements for both ultraviolet B 

15 (UVB) and ultraviolet A (UVA) radiation protection, be16 fore such effective date. 

Æ 


jbell on PROD1PC69 with BILLS
Exhibit 23.1 

 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

 

We consent to the incorporation by reference in the Registration Statements pertaining to enherent Corp.’s Amended and Restated 1996 Stock Incentive Plan (Form S-8No. 333-44725) and pertaining to enherent Corp.’s Form S-3 related to the shares of common stock issuable upon conversion of the Series A Senior Participating Redeemable Preferred Stock and related warrants (Form S-3 No. 333-36468) of ourreport dated March 24, 2005, with respect to the consolidated financial statements and schedule of enherent Corp. included in the Annual Report (Form 10-K) for the year ended December 31, 2004. 

 

Hartford, CT 

March 30, 2005
STATE v. CARR.

No. COA08-791.

Court of Appeals of North Carolina.

Filed January 20, 2009.

Certification Date February 9, 2009.

Appeal from Pitt (06CRS60811, 06CRS60812).

Case reported without published opinion. No Error.
# CE2004078EN.01037302.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/373 |
| --- | --- | --- | --- |

27.3.2004

EN

Official Journal of the European Union

CE 78/373

---

(2004/C 78 E/0394)

WRITTEN QUESTION E-1542/03

by Proinsias De Rossa (PSE) to the Commission

(7 May 2003)

Subject:   Control of trade in products that may be used to inflict torture

Subject:

Annex II of the proposal for a Council Regulation concerning trade in certain equipment and products which could be used for capital punishment or torture (1) allows Member States to control trade in listed products that may be used to inflict torture or other cruel, inhuman or degrading treatment or punishment. How much such equipment or products are produced in EU Member States, where and by whom?

1

---

(1)  COM(2002)770.

1

---
# Commission Implementing Regulation (EU) No 239/2014Show full title

Commission Implementing Regulation (EU) No 239/2014 of 12 March 2014 establishing the standard import values for determining            the entry price of certain fruit and vegetables         

        - Previous
        - Next

U.K.

# Commission Implementing Regulation (EU) No 239/2014                     

# of 12 March 2014

# establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural                           markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1),                        

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application                           of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(2), and in particular Article 136(1) thereof,                        

Whereas:

(1)Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations,                              the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products                              and periods stipulated in Annex XVI, Part A thereto.

(2)The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU)                              No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its                              publication in the *Official Journal of the European Union*,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to                     this Regulation.                  

# Article 2U.K.

This Regulation shall enter into force on the day of its publication in the *Official Journal of the European Union*.                  

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

Done at Brussels, 12 March 2014.

*For the Commission, On behalf of the President,*                            

Jerzy Plewa                            

*Director-General for Agriculture and Rural Development*                            

## ANNEXU.K.Standard import values for determining the entry price of certain fruit and vegetables

1

OJ L 299, 16.11.2007, p. 1.                           

2

OJ L 157, 15.6.2011, p. 1.
<PAGE>   1
                                                                    EXHIBIT 11.1

                   COMPUTATION OF NET INCOME PER COMMON SHARE
                    (in thousands, except per share amounts)

<TABLE>
<CAPTION>
                                                   THREE MONTHS ENDED         NINE MONTHS ENDED
                                                      DECEMBER 31,               DECEMBER 31,
                                                  --------------------      --------------------
                                                   1996         1995         1996          1995
                                                  -------      -------      -------      -------
<S>                                               <C>          <C>          <C>           <C>  
Weighted average common shares outstanding         11,754       10,652       11,724        8,690
Dilutive effect of stock options                    1,002        1,295        1,060        1,291
Mandatorily redeemable common stock issued
    to Adobe Ventures, L.P. on July 21, 1995           --           --           --          159
Mandatorily redeemable convertible preferred
    stock                                              --           --           --          822
Dilutive effect of warrants                           178          188          178          145
                                                  -------      -------      -------      -------
Number of shares used to compute net income
    per share                                      12,934       12,135       12,962       11,107
                                                  =======      =======      =======      =======
Net income                                        $ 1,793      $   777      $ 2,102      $ 1,581
                                                  =======      =======      =======      =======
Net income per share                              $  0.14      $  0.06      $  0.16      $  0.14
                                                  =======      =======      =======      =======
</TABLE>


                                                             Page 21 of 21 Pages
STATE of North Carolina v. Sidney Earl SMITH.

No. 24P08.

Supreme Court of North Carolina.

August 26, 2008.

Glenn Gerding, Southport, for Smith.

Laura E. Crumpler, Assistant Attorney General, Sam Currin, District Attorney, for State of NC.

***ORDER***

Upon consideration of the petition filed on the 22nd day of January 2008 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 26th day of August 2008."
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S FORM 10-Q FOR THE PERIOD ENDED MARCH 31, 1997 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          13,904
<SECURITIES>                                    43,629
<RECEIVABLES>                                   11,936
<ALLOWANCES>                                       832
<INVENTORY>                                          0
<CURRENT-ASSETS>                                70,438
<PP&E>                                          11,032
<DEPRECIATION>                                   4,227
<TOTAL-ASSETS>                                  78,716
<CURRENT-LIABILITIES>                           18,059
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            14
<OTHER-SE>                                      60,514
<TOTAL-LIABILITY-AND-EQUITY>                    78,716
<SALES>                                         11,062
<TOTAL-REVENUES>                                15,037
<CGS>                                              386
<TOTAL-COSTS>                                    2,876
<OTHER-EXPENSES>                                10,887
<LOSS-PROVISION>                                    22
<INTEREST-EXPENSE>                                  21
<INCOME-PRETAX>                                  1,719
<INCOME-TAX>                                       602
<INCOME-CONTINUING>                              1,117
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,117
<EPS-PRIMARY>                                      .08
<EPS-DILUTED>                                      .08
        

</TABLE>
<PAGE>

                                                                    Exhibit 99.1



March 28, 2002



Securities and Exchange Commission
Washington, D.C.   20549


Securities and Exchange Commission:

Arthur Andersen LLP ("Andersen") has represented to UBICS Inc. that the audit
was subjected to Andersen's quality control system for the U.S. accounting and
auditing practice to provide reasonable assurance that the engagement was
conducted in compliance with professional standards and that there was
appropriate continuity of Andersen personnel working on the audit and
availability of national office consultation.  Availability of personnel at
foreign affiliates of Andersen is not relevant to this audit."

Sincerely,


/s/ Neil M. Ebner

Neil M. Ebner
Vice President Finance, CFO
SCWC-16-0000715

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

STATE OF HAWAIʻI, Respondent/Plaintiff-Appellee, 

vs.

JENIKO JOSEPH, Petitioner/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-16-0000715; CASE NO. 3DTC-15-047154)

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Petitioner/Defendant-Appellant’s application for writ 

of certiorari, filed on January 19, 2018, is hereby rejected. 

DATED: Honolulu, Hawaiʻi, February 27, 2018.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson

Electronically Filed

Supreme Court

SCWC-16-0000715

27-FEB-2018

08:54 AM
2007 D e c i sion s O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit 7-6-2007 

# W al l a ce v . P rice P r e c e de nt i al or N on-P r e c e de nt i al : N on-P r e c e de nt i al D ocke t N o . 03-9002

F o l low thi s a nd a dd it ion al work s at : http://d i git alc ommon s .l a w . vi l l a nova . e du/thir dc ir c uit_2007

Thi s de c i sion i s br ou ght t o you for f r e e a nd ope n a c c e s s b y the O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit at V i l l a no va U nive r sity S choo l of L a

w Di git al Reposit or y

. It h as be e n a c c ept e d for inclusion in 2007 D e c i sion s b y a n author i z e d a dmini s tr at or of V i l l a no va U nive r sity S choo l of L a

w Di git al Reposit or y

. F or mor e inform at ion, p le as e c ont a ct Be n j amin . C a rl s on@l a

w . vi l l a no va . e du . Re c omme nde d C it at ion
" W al l a c e v . P r ic e " (2007). 2007 D e cisio n s . P ape r 808. http://d i git alc ommon s .l a

w . vi l l a nova . e du/thir dc ir c uit_2007/808U N I TED STA TES C O U RT O F A PPEA LS F O R T H E T H IR D C IR C U IT

N os . 03- 9002 & 03- 9003 W IL L IA M W A L L A C E , J R ., A ppel l ant

v. J A M E S PR I C E , Super i nt endent

O n A p p ea l from the U n it ed S tat es D istri ct C o u rt f o r th e W e ste rn D istric t o f P e n n sy lv a n ia ( D . C . N o. 99- cv- 00231) D istric t Ju d g e : H o n . S e a n J. M c L a u g h lin

A r gued J une 7, 2007 O pi ni on fi l ed J une 18, 2007 B efor e: FU E N T E S, G R E E N B E R G and R O T H , C i r cui tJ udges O R D E R R O T H , C i rcui t Judge : I T I S ORDE RE D t hatt he not pr e c e de nt i al opi ni on f i l e d on June 18, 2007 i n t he abo ve m at t er i s va c at e d. A re v ise d n o t p re c e d e n tial o p in io n w ill b e f iled sim u ltan e o u sly
w ith this O rde r.B yth e C o u rt, / s /J ane R. R ot h C i r cui tJ udge D at ed: J ul y6, 2007 nm b/ cc: J oel B . J ohns t on, E s q.

M at t hew C . L aw r y , E s q. ( M i chae l J . Fagel l a, E s q. ( J ohn C . Pet t i t , E s q.
<PAGE>

                                                                   EXHIBIT 10.22

                                 PROMISSORY NOTE

ALPHARETTA, GEORGIA                                         DATE: MARCH 14, 2002

PRINCIPAL AMOUNT: US $9,545.26
INTEREST RATE: 10% per annum

DUE DATE: August 31st, 2002

FOR VALUE RECEIVED the undersigned, Syndicated Food Services International Inc.,
a Florida corporation ( the "Borrower") promises to pay to the order OF FIDRA
HOLDINGS LTD. OR ITS SUCCESSORS OR ASSIGNS (THE "HOLDER") the sum of NINE
THOUSAND FIVE HUNDRED FORTY FIVE US DOLLARS AND TWENTY SIX CENTS (USD $9,545.26)
(The Principal) on August 31, 2002 (The "Maturity Date"), together with the
interest at the rate of Ten per cent (10%) per annum on the principal amount
outstanding from time to time until paid in full and payable on the last day of
each calendar month commencing on June 30th. All sums due hereunder shall be
paid by the Borrower to the holder of this Note at such address as designated by
the holder of this Note to the Borrower.

In the event a default shall be made in payment of any installment of interest
or principal or other charges when due all such amounts shall bear interest at a
default rate of interest from the date of default at the rate of 12 % per annum
and shall be immediately due and payable. In the event of any default hereunder
the holders shall be entitled to all remedies at law or in equity and shall be
entitled to all costs and expenses incurred by its, including attorneys fees.

This Note shall be governed by and construed in accordance with the laws of the
State of New York, without regard to conflict of law principles. Any dispute
with respect to the interpretation of this Note or the rights and obligations of
the parties shall be exclusively brought in a proceeding in the United States
District Court for the Southern District of New York or if such court lacks
subject matter jurisdiction in the Supreme Court of the State of New York,
County of New York. Each of the holder and the Borrower waives the right to
context the jurisdiction or venue of either of such courts or to claim it is an
inconvenient forum.

Neither the Borrower or the holder may claim the right to have a jury trial and
the Borrower shall have no right of offset or counterclaim.

The Borrower expressly waives the right to notice of any default or the right to
presentment or demand.

The proceeds of this Note shall be used to pay outstanding invoices to M.
Kramish Kain.

SYNDICATED FOOD SERVICE INTERNATIONAL INC.,

BY: /s/ Thomas P. Tanis, JR.
    ------------------------
    THOMAS P. TANIS, JR.
    CHIEF EXECUTIVE OFFICER

    /s/ Becky Mcclure

                             [STAMP OF BECKY MCCLURE]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
     This  schedule  contains  summary  financial   information  extracted  from
     Electric  Lightwave,  Inc.'s  Financial  Statements  for the  period  ended
     December  31, 1998 and is  qualified  in its  entirety by reference to such
     financial statements.
</LEGEND>
<MULTIPLIER>                                   1,000
<CURRENCY>                                     US Dollars

<S>                                            <C>
<PERIOD-TYPE>                                  12-MOS
<FISCAL-YEAR-END>                              Dec-31-1998
<PERIOD-START>                                 Jan-01-1998
<PERIOD-END>                                   Dec-31-1998
<EXCHANGE-RATE>                                1
<CASH>                                         13,120
<SECURITIES>                                   0
<RECEIVABLES>                                  20,320
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               37,841
<PP&E>                                         528,582
<DEPRECIATION>                                 40,912
<TOTAL-ASSETS>                                 532,309
<CURRENT-LIABILITIES>                          77,440
<BONDS>                                        302,256
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       498
<OTHER-SE>                                     147,995
<TOTAL-LIABILITY-AND-EQUITY>                   532,309
<SALES>                                        0
<TOTAL-REVENUES>                               100,880
<CGS>                                          0
<TOTAL-COSTS>                                  50,957
<OTHER-EXPENSES>                               28,149
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             7,526
<INCOME-PRETAX>                                (81,037)
<INCOME-TAX>                                   (13,837)
<INCOME-CONTINUING>                            (67,200)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      2,817
<NET-INCOME>                                   (70,017)
<EPS-BASIC>                                    (1.41)
<EPS-DILUTED>                                  (1.41)





</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6826

JOHN R. LAY,

Petitioner - Appellant,

v.

STATE OF MARYLAND,

Respondent - Appellee.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Benson Everett Legg, Chief District Judge.

(1:08-cv-00225-BEL)

Submitted: August 14, 2008 Decided: August 21, 2008

Before MICHAEL, Circuit Judge, and WILKINS and HAMILTON, Senior

Circuit Judges.

Dismissed by unpublished per curiam opinion.

John R. Lay, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

John R. Lay seeks to appeal the district court’s order

denying as moot his motions for injunctive relief and a stay

pending review. We have independently reviewed the record and

agree with the district court that Lay’s motions are moot.

Accordingly, we deny a certificate of appealability and dismiss the

appeal. 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