alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
| 1.   | Effective      January 1, 2010 those highly compensated employees of Intermec, Inc. or      Intermec Technologies Corporation whose total pay exceeds (or is expected      to exceed in a coming year) the Internal Revenue service qualified plan      compensation limit ($245,000 as of 2010) shall be eligible to participate      in the Plan , including, without limitation, Rule of 70 Employees, who      were previously excluded from participation.  Participation      shall in all cases be subject to the Plan’s terms and administrative      procedures regarding deferral elections and the allocation of matching      contributions. |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2.   | Effective      immediately, “Annual Cash Bonus” shall not include any special bonus paid      to a Participant in lieu of a payment under an incentive plan whose      performance factors were not met. |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
<TABLE> <S> <C>

<ARTICLE>                              5

<S>                                    <C>
<PERIOD-TYPE>                          YEAR
<FISCAL-YEAR-END>                      DEC-31-1999
<PERIOD-START>                         JAN-01-1999
<PERIOD-END>                           DEC-31-1999
<CASH>                                     359,449
<SECURITIES>                               471,250
<RECEIVABLES>                                    0
<ALLOWANCES>                                     0
<INVENTORY>                                 52,354
<CURRENT-ASSETS>                           883,053
<PP&E>                                   2,713,816
<DEPRECIATION>                            (274,729)
<TOTAL-ASSETS>                           3,366,317
<CURRENT-LIABILITIES>                    1,432,771
<BONDS>                                  1,367,368
<COMMON>                                     7,657
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                250,000
<OTHER-SE>                                 308,581
<TOTAL-LIABILITY-AND-EQUITY>             3,366,317
<SALES>                                    858,052
<TOTAL-REVENUES>                           893,193
<CGS>                                      619,082
<TOTAL-COSTS>                            1,677,873
<OTHER-EXPENSES>                                 0
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                          67,920
<INCOME-PRETAX>                         (1,061,568)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                     (1,403,762)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                             78,533
<CHANGES>                                        0
<NET-INCOME>                              (983,035)
<EPS-BASIC>                                 (.16)
<EPS-DILUTED>                                 (.16)



</TABLE>
##### 



1)
    
    I have reviewed this annual report on Form 10-K of LaCrosse Footwear, Inc. (the registrant);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(s) 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; andc)
    
    Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants
most recent fiscal year 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
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; andb)
    
    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/ Joseph P. Schneider
 Joseph P. Schneider
President and Chief Executive Officer
Exhibit 10.1





Exhibit 10.1




Rochester Medical Corporation

Fiscal 2011 Management Incentive Plan




(adopted by the Compensation Committee of the Board of Directors on November 18, 2010)




EXECUTIVE MANAGEMENT INCENTIVE PLAN (BONUS)




Eligibility





	•	 	All Executive Officers will be eligible to participate.

	 
	•	 	Recommended participation rates have been set by the President, and are based upon the
respective position level and function of each executive.

	 
	•	 	Participation rates for incentive bonuses are expressed as a percentage of base salary.






Fiscal 2011




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Bonus Participation	 	 	Weighted Performance	 
	 	 	(% of Base Salary)	 	 	Criteria	 
	 	 	Minimum	 	 	Target	 	 	Maximum	 	 	 	 	 	 	Gross	 
	Participant	 	Payout	 	 	Payout	 	 	Payout	 	 	Sales	 	 	Margin	 
	Anthony Conway
	 	 	0	%	 	 	60	%	 	 	90	%	 	 	50	%	 	 	50	%
	David Jonas
	 	 	0	%	 	 	50	%	 	 	75	%	 	 	50	%	 	 	50	%
	Martyn Sholtis
	 	 	0	%	 	 	50	%	 	 	75	%	 	 	75	%	 	 	25	%
	Philip Conway
	 	 	0	%	 	 	50	%	 	 	75	%	 	 	50	%	 	 	50	%
	James Carper
	 	 	0	%	 	 	50	%	 	 	75	%	 	 	75	%	 	 	25	%
	Robert Anglin
	 	 	0	%	 	 	40	%	 	 	60	%	 	 	50	%	 	 	50	%







	•	 	Both weighted performance criteria (sales and gross margin) have minimum requirements and
maximum levels of payout. The range of accomplishment for each performance criteria is
0%-150%, with 100% being at target. The sales and gross margin performance targets are
approved by the Compensation Committee. The performance target for sales for 100% achievement
is based on the approved fiscal 2011 sales budget, with the minimum requirement set at sales
equivalent to fiscal 2010 results, and the maximum payout earned at two times the incremental
sales growth dollar target over fiscal 2010 results as set forth in the fiscal 2011 sales
budget. The performance target for gross margin for 100% achievement is based on budgeted
fiscal 2011 gross margin percentage, with the minimum requirement set at 4% below the budgeted
fiscal 2011 gross margin percentage, and the maximum payout earned at 4% above the budgeted
fiscal 2011 gross margin percentage.






Bonus Calculation and Payout




The CFO will calculate actual results from the respective areas of responsibility for each
executive against financial targets for review by the CEO. All targets will be calculated
exclusive of exchange rate gains or losses. This calculation will result in a payout level as a
percentage of the annual incentive target. Performance levels will be reviewed, and any deviations
from the approved plan must be approved, by the Compensation Committee prior to disbursement.
Charles Daniel ROBBINS v. Karen Thomas ROBBINS.

No. 152P15.

Supreme Court of North Carolina.

Aug. 20, 2015.

W. Gregory Duke, Attorney at Law, Greenville, For Robbins, Karen Thomas.

Jonathan L. Sargeant, Attorney at Law, For Robbins, Charles Daniel.

*ORDER*

Upon consideration of the petition filed on the 4th of May 2015 by Plaintiff 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 20th of August 2015."
#### Gerald J. Weinberger, Appellant, v Bjorn J. Holubar, Respondent.

[799 NYS2d 428]

In an action to recover damages for defamation, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Costello, J.), dated June 25, 2004, as denied his motion pursuant to CPLR 3215 for leave to enter judgment upon the defendant’s default in appearing or answering the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

To successfully oppose the plaintiffs motion for leave to enter judgment upon the defendant’s default in appearing or answering the complaint, the defendant was required to demonstrate a reasonable excuse for his default in answering and a meritorious defense *(see*CPLR 5015 [a] [1]; *Albano v Nus Holding Corp.,*233 AD2d 280, 281 [1996]). Under the circumstances, the Supreme Court providently exercised its discretion in denying the plaintiff’s motion *(see Eckna v Kesselman,*11 AD3d 507 [2004]). Prudenti, P.J., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Defense

###### Department of the Army

# AGENCY:

Department of the Army, DOD.

# ACTION:

 Notice; time change.

# SUMMARY:

                        The committee meeting scheduled for September 16, 2005, at 1 p.m. published in the                         **Federal Register**                         on Friday, August 12, 2005 (70 FR 47183) has a time change. The meeting will now start at 4 p.m. There will also be a closed session prior to the annual meeting from 3 p.m. to 3:45 p.m.                    

# FOR FURTHER INFORMATION CONTACT:

Lieutenant Colonel Shaun T. Wurzbach, United States Military Academy, West Point, NY 10966-5000, (845) 93804200.

# SUPPLEMENTARY INFORMATION:

None.

Brenda S. Bowen,

Army Federal Register Liaison Officer.

[FR Doc. 05-18072  Filed 9-12-05; 8:45 am]

BILLING CODE 3710-08-M
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM UNAUDITED
FINANCIAL STATEMENTS DATED JUNE 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                         1243321
<INT-BEARING-DEPOSITS>                         2343631
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    6313983
<INVESTMENTS-CARRYING>                          261994
<INVESTMENTS-MARKET>                            265000
<LOANS>                                       33149400
<ALLOWANCE>                                      84000
<TOTAL-ASSETS>                                44662213
<DEPOSITS>                                    31643544
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                             373593
<LONG-TERM>                                    6500341
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          3317
<OTHER-SE>                                     6141418
<TOTAL-LIABILITIES-AND-EQUITY>                44662213
<INTEREST-LOAN>                                1880978
<INTEREST-INVEST>                               373939
<INTEREST-OTHER>                                183082
<INTEREST-TOTAL>                               2437999
<INTEREST-DEPOSIT>                             1131503
<INTEREST-EXPENSE>                              211992
<INTEREST-INCOME-NET>                          1094504
<LOAN-LOSSES>                                    17000
<SECURITIES-GAINS>                                7309
<EXPENSE-OTHER>                                 883433
<INCOME-PRETAX>                                 347119
<INCOME-PRE-EXTRAORDINARY>                      347119
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    230135
<EPS-PRIMARY>                                      .79
<EPS-DILUTED>                                      .78
<YIELD-ACTUAL>                                     .06
<LOANS-NON>                                     135000
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 81000
<CHARGE-OFFS>                                    15000
<RECOVERIES>                                      1000
<ALLOWANCE-CLOSE>                                84000
<ALLOWANCE-DOMESTIC>                             25500
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          58500
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY CONSOLIDATED FINANCIAL INFORMATION EXTRACTED FROM
THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 1997 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          16,897
<SECURITIES>                                         0
<RECEIVABLES>                                   35,432
<ALLOWANCES>                                       394
<INVENTORY>                                     81,448
<CURRENT-ASSETS>                               144,337
<PP&E>                                         102,365
<DEPRECIATION>                                  49,942
<TOTAL-ASSETS>                                 283,102
<CURRENT-LIABILITIES>                           82,556
<BONDS>                                         34,782
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           178
<OTHER-SE>                                     144,370
<TOTAL-LIABILITY-AND-EQUITY>                   283,102
<SALES>                                        305,930
<TOTAL-REVENUES>                               305,930
<CGS>                                          233,588
<TOTAL-COSTS>                                  233,588
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,163
<INCOME-PRETAX>                                 31,989
<INCOME-TAX>                                    11,713
<INCOME-CONTINUING>                             20,276
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    20,276
<EPS-PRIMARY>                                     1.15
<EPS-DILUTED>                                     1.11
        

</TABLE>
IN RE B.M.A.

No. COA08-454.

Court of Appeals of North Carolina.

Filed December 16, 2008.

Certification Date January 5, 2009.

Appeal from Burke (05JT131).

Case reported without published opinion. Affirmed.
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
UNITED STATES OF AM ER IC A,

Pla i ntiff-Appe lle e , v. M ARK ANTHONY LOPEZ,

De fe nda n t-Appe l la

nt. No. 15-50515

D.C . No. 3:12-c r-05236-GPC -1
M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Southe rn Distric t of C a lifornia Gonz a lo P. C urie l, Distric t Judge , Pre siding Subm itte d De c e m

be r 7, 2016 ** Pa sa de n a , C a l ifornia B e fore : C ALLAHAN, B EA, a nd IKUTA, C irc uit Judge s. M ark Anthony

Lope zple a de d guilty to a nd wa s c o nvic te d of c onspira c y to
c om m it se c uritie s fra

ud in viola

tion of 18 U.S.C . § 1349. At sente nc ing, the distric t c o urt c onduc te d

re stitution proc e e dings unde r the M andatory Vic tim s 

# FIL ED
DEC 19 2016 M OLLY C. DW Y ER, CLERK U

. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by Ninth C irc uit R

ule 36-3.

* * The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).R e stitution Ac t , 18 U.S.C . § 3663A. Lope z a ppe a ls the distric t c o urt’ s re s titution orde r. W e a ffirm
. Lope z ’ s a rgum e nt tha

t the gove rnm e nt fa ile d to pre s e nt e vide nc e tha t his
a c tions c a use d the losse s to thesha

re holde rs fa i ls. First, the

gove rnm e nt pre se nte d
e vide nc e tha

t the volum e of Unic o stoc k inc re a se d te nfold due to Lope z ’ s fra ud
and the pric e of the stoc k de c re a se d te nfold. The distric t c ourt did not a buse its disc re tion in inferring c a

usation ba se d on the fa c t

tha t the e xte nt of the dilution of Unic o stoc k during the c onspira c y pe riod is e xc e ptiona lly c lose , proportiona lly , to the d e c re a se in sha

re pric e ove r the sa

m e pe riod. Se c ond, the re is e vide n c e tha t the “ spike s in tra ding volume ” we re dire c tly tie d to thec onspira c y . The gove rnm e nt’ s e xpe rt e xpla ine d tha t the se “ spike s in volum e ” c orre s ponde d to a de c line in pric e , whic h indic ate d “ that the re ’ s a dilution of sha re s; tha t the re are so m any

m ore sha re s in the m arke t, tha

t the m arke t m ay

be possibly c annot sustain a

highe r sha

re pric e .” Third, Lope z ha s fa ile d to ide ntify any c ounte rva iling fa c ts tha

t would unde rc ut the the ory

tha t Lope z ’ s fra

udule nt a c tions c a

use d the drop in sha

re pric e . Ne ithe r Lope z nor his e xpe rt ide ntifie d a ny spe c ific , proba

tive e vide nc e of fa c ts othe r tha n the dilution of Unic o stoc k during the c onspira c y pe riod, tha t c ould

2m ake the distric t c ourt’ s de t e rm ination re ga rding thec a

use of the dam a ging de c re a se in inve s tors’ stoc k pric e s unre a sona ble
. AFFIRM E D.

3
**Exhibit
      10.22**






**AMENDMENT
      TO EMPLOYMENT AGREEMENT**








**AMENDMENT
      NO. 1** dated as
      of June 30, 2001 between **BERRY
      PLASTICS CORPORATION,** a
      Delaware corporation (the "Corporation"), and **RANDALL J. HOBSON** (the
      " Executive ").







Reference
      is made to the Employment Agreement dated as of October 4, 1996 (the "Employment
      Agreement"), between the Corporation and the Executive. The Corporation and
      the
      Executive desire to extend the term of the Employment Agreement. All capitalized
      terms used herein and not otherwise defined shall have the meanings ascribed
      to
      such terms in the Employment Agreement.




Accordingly,
      in consideration of the mutual covenants and premises contained herein and
      other
      good and valuable consideration, the receipt and sufficiency of which are hereby
      acknowledged, the parties hereby agree as follows:




1.  Term .
      Section
      2 of the Employment Agreement is hereby amended to read in its entirety as
      follows:




"Subject
      to earlier termination as provided herein, the employment of the Executive
      hereunder shall commence on October 4, 1996 (the “ Effective
      Date ”),
      and
      terminate on June 30, 2006 (the “ Expiration
      Date ”).
      Such
      period of employment is hereinafter referred to as the “ Employment
      Period .”




2.  Termination
      of Employment .
      Section
      8(b) of the Employment Agreement is hereby amended by adding a new paragraph
      (iii) which reads in its entirety as follows:




“(iii)
      the applicable bonus provided for in Section 5(b) computed on a pro-rata basis
      to the Termination Date, payable at the same time and in the same manner only
      as, if and when bonuses are paid to other employees of the Corporation of
      comparable seniority.”




3.  Effect
      of Amendment **.** Except
      as expressly amended hereby, the Employment Agreement shall remain in full
      force
      and effect and unchanged.




4.  Counterparts **.** This
      Amendment No. 1 may be executed in one or more counterparts, each of which
      shall
      be deemed an original but all of which together shall constitute one and the
      same instrument.




*
      * * *
      *



















**IN
      WITNESS WHEREOF** ,
      the
      parties have hereunto set their hands as of the date first written
      above.




**BERRY
      PLASTICS CORPORATION**








By:     /s/ Ira G. Boots


Ira
      G.
      Boots


President
      and Chief Executive Officer








/s/ Randall J. Hobson


Randall
      J. Hobson