alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1

                                                                EXHIBIT 10.38


                         WELSH, CARSON, ANDERSON & STOWE
                                 320 PARK AVENUE

                                   SUITE 2500

                          NEW YORK, NEW YORK 10022-6815



                                                            November 21, 1997


Mr. John F. Thompson
16692 Baruna Lane
Huntington Beach, CA 92649

Dear John:

         On behalf of the Board of Directors of Aurora Electronics, Inc., this
will confirm our agreement regarding your employment letter.

         You have agreed to continue as CEO until May 1, 1998 and, until that
tinie, to attempt to execute the "get well" plans for Aurora. On a personal
note, I very much appreciate your commitment and the energy and judgment that
you bring to the task. lii return, we agree that if you decide to leave on or
after that date, the Company will provide salary continuation to you for a
period of up to twelve months, or until you are re-employed, whichever comes
first. In addition, on May 1, 1998 or at such later date that you resign, you
will be entitled to the pro-rata share of your guaranteed bonus as described on
page one of your employment letter.

         If Aurora (or any successor to Aurora) is unable to provide for that
salary continuation or bonus payment, Welsh, Carson, Anderson & Stowe VII, L.P.
will provide that benefit to you

         John, I believe this letter covers the issues we discussed. Please let
me Imow if you have any questions or comments. Again, thanks for your
willingness to work with all of the Aurora stakeholders in improving the
situation.

                                             Sincerely,

                                             /s/ Thomas E. McInerney
                                             Thomas E. McInerney
                                             General Partner
<TABLE> <S> <C>

          <ARTICLE>     5
          <MULTIPLIER>     1,000
                 
          <S>                                <C>
          <FISCAL-YEAR-END>                                    DEC-31-1998 
          <PERIOD-START>                                       JAN-01-1998 
          <PERIOD-END>                                         MAR-31-1998 
          <PERIOD-TYPE>                      3-MOS
          <CASH>                                                    17,093
          <SECURITIES>                                                   0
          <RECEIVABLES>                                            346,178
          <ALLOWANCES>                                              15,672
          <INVENTORY>                                              295,659
          <CURRENT-ASSETS>                                         670,207
          <PP&E>                                                   468,004
          <DEPRECIATION>                                           177,336
          <TOTAL-ASSETS>                                         1,302,084
          <CURRENT-LIABILITIES>                                    168,320
          <BONDS>                                                  657,000
          <PREFERRED-MANDATORY>                                          0
          <PREFERRED>                                                    0
          <COMMON>                                                  52,181
          <OTHER-SE>                                               126,377
          <TOTAL-LIABILITY-AND-EQUITY>                           1,302,084
          <SALES>                                                  505,298
          <TOTAL-REVENUES>                                         505,298
          <CGS>                                                    364,068
          <TOTAL-COSTS>                                            364,068
          <OTHER-EXPENSES>                                               0
          <LOSS-PROVISION>                                           1,679
          <INTEREST-EXPENSE>                                        11,263
          <INCOME-PRETAX>                                           34,307
          <INCOME-TAX>                                              12,693
          <INCOME-CONTINUING>                                       21,614
          <DISCONTINUED>                                                 0
          <EXTRAORDINARY>                                                0
          <CHANGES>                                                      0
          <NET-INCOME>                                              21,614
          <EPS-PRIMARY>                                               0.41
          <EPS-DILUTED>                                               0.40
                  
          
</TABLE>
# EUR-Lex - 32007M4529 - EN

Important legal notice

*|*

# 32007M4529

**Commission Decision of 30/01/2007 declaring a concentration to be compatible with the common market (Case No IV/M.4529 - CVC / FRAIKIN) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) **

*

*

Brussels, 30.01.2007

SG-Greffe(2006) D/200402

To the notifying party

Dear Madam(s) and/or Sir(s),

Subject: Case No. COMP/M.4529 – CVC / Fraikin

Notification of 19 December 2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1]

Publication in the Official Journal of the European Union No. C 4, 09.01.07, p.5

1. On 19 December 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking CVC Capital Partners Group Sarl ("CVC", Luxembourg) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Fraikin Groupe S.A. ("Fraikin", France) by way of purchase of shares in a newly created company.

2. The business activities of the undertakings concerned are :

- for undertaking CVC : private equity fund;

- for undertaking Fraikin : rental of all types of trucks, tractors en trailors, rental of company cars and fleet management.

3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5, subparagraph c of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/2004 [2].

4. For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EC) No. 139/2004.

For the Commission

signed

Philip LOWE

Director General

[1] OJ L 24, 29.1.2004 p. 1

[2] OJ C 56, 05.3.2005 p.32

--------------------------------------------------
#### JOHN BENJAMIN ODOM, Appellant, v. THE STATE OF NEVADA, Respondent.

No. 7796

July 23, 1975

538 P.2d 167

*474
      *Morgan D. Harris,*Public Defender, and *Howard N. Ecker,*Deputy Public Defender, Clark County, for Appellant.

*Robert. List,*Attorney General; *George E. Holt,*District Attorney, and *Dan M. Seaton,*Deputy District Attorney, Clark County, for Respondent.

OPINION

*Per Curiam:*

A jury found John Benjamin Odom guilty on one count of burglary and one count of larceny. On appeal he contends that prejudicial error was committed when the trial judge refused to allow a challenge for cause to one of the jurors who was later excused peremptorily.

Although the appellant later exhausted his peremptory challenges, there remained no one on the jury whom the appellant had challenged for cause. In Mears v. State, 83 Nev. 3, 12, 422 P.2d 230, 235-236 (1967), where the identical issúé was raised, we refused to decide whether the trial court erred in denying the challenge for cause. See also State of Nevada v. Raymond, 11 Nev. 98 (1876). Cf. Bryant v. State, 72 Nev. 330, 305 P.2d 360 (1956).

Applying the rationale of Mears v. State, supra, we affirm.
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.                  

###### Federal Maritime Commission

Notice is hereby given that the Order revoking the following license is being rescinded by the Federal Maritime Commission pursuant to sections 14 and 19 of the Shipping Act of 1984 (46 U.S.C. app. 1718) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515. 

*License Number :*                     018946NF.                 

*Name:*                     AMF Global Transportation, Inc.                 

*Address:*                     16530 Jarvis Avenue, Elk Grove Village, IL 60007.                 

*Order Published:*                     FR: 10/5/05 (Volume 70, No. 192, Pg. 58223).                 

Sandra L. Kusumoto, 

Director, Bureau of Certification and Licensing. 

[FR Doc. 05-21848 Filed 11-1-05; 8:45 am] 

BILLING CODE 6730-01-P
[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Notices]
[Page 5969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2174]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE


Suspension of the Price Evaluation Adjustment for Small 
Disadvantaged Businesses

AGENCY: Department of Defense (DoD).

ACTION: Notice of 1-year suspension of the price evaluation adjustment 
for small disadvantaged businesses.

-----------------------------------------------------------------------

SUMMARY: The Director of Defense Procurement and Acquisition Policy has 
suspended the use of the price evaluation adjustment for small 
disadvantaged businesses (SDBs) in DoD procurements, as required by 10 
U.S.C. 2323(e)(3), because DoD exceeded its 5 percent goal for contract 
awards to SDBs in fiscal year 2004. The suspension will be in effect 
for 1 year and will be reevaluated based on the level of DoD contract 
awards to SDBs achieved in fiscal year 2005.

DATES: Effective Date: February 24, 2005.
    Applicability Date: This suspension applies to all solicitations 
issued during the period from February 24, 2005, to February 23, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Schneider, Defense 
Procurement and Acquisition Policy, OUSD(AT&L)DPAP(P), 3015 Defense 
Pentagon, Washington, DC 20301-3015, telephone (703) 614-4840; 
facsimile (703) 614-1254.

SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 10 
U.S.C. 2323(e), DoD has previously granted SDBs a 10 percent price 
preference in certain acquisitions. This price preference is 
implemented in Subpart 19.11 of the Federal Acquisition Regulation. 
Section 801 of the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999 (Pub. L. 105-261) amended 10 U.S.C. 2323(e)(3) to 
prohibit DoD from granting such a price preference for a 1-year period 
following a fiscal year in which DoD achieved the 5 percent goal for 
contract awards established in 10 U.S.C. 2323(a). Since, in fiscal year 
2004, DoD exceeded this 5 percent goal, use of this price preference in 
DoD acquisitions must be suspended for a 1-year period, from February 
24, 2005, to February 23, 2006.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
[FR Doc. 05-2174 Filed 2-3-05; 8:45 am]
BILLING CODE 5001-08-P
Exhibit 11

            INTERNATIONAL MULTIFOODS CORPORATION AND SUBSIDIARIES

                Computation of Earnings per Common Share
                                   (unaudited)

                     (in thousands, except per share amounts)




                                     THREE MONTHS ENDED     SIX MONTHS ENDED 
                                     ------------------    ------------------
                                     Aug. 31,   Aug. 31,   Aug. 31,   Aug. 31,
                                        1997       1996       1997       1996
-----------------------------------------------------------------------------
Average shares of 
  common stock outstanding            18,234     17,983     18,125     17,981
Common stock equivalents                 268          2        290         17
-----------------------------------------------------------------------------
Total common stock and equivalents
 assuming full dilution               18,502     17,985     18,415     17,998
=============================================================================
Net earnings
  applicable to common stock          $4,539     $3,995     $6,539     $3,562
=============================================================================
Earnings per 
  share of common stock:
    Primary                           $  .25     $  .22     $  .36     $  .20
    Fully diluted                     $  .25     $  .22     $  .36     $  .20
=============================================================================

Primary earnings per share has been computed by dividing 
net earnings by the weighted average number of shares of 
common stock outstanding during the period.  Common stock 
options and other common stock equivalents have not 
entered into the primary earnings per share computations 
since their effect is not significant.

Fully diluted earnings per share has been computed 
assuming issuance of all shares for stock options deemed 
to be common stock equivalents, using the treasury stock 
method.
*Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 98-40406

_____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

EARL WILEY ARNOLD,

also known as Earl Pitts,

Defendant-Appellant.

_______________________________________________________

Appeal from the United States District Court

for the Eastern District of Texas

(1:97-CR-62-1)

_______________________________________________________

April 9, 1999

Before REAVLEY, POLITZ and SMITH, Circuit Judges.

PER CURIAM:*

Earl Wiley Arnold has appealed his conviction and the 24-month prison sentence he

received on his guilty plea of having failed to create and maintain records pertaining to performers

portrayed in sexually explicit photographs, in violation of 18 U.S.C. § 2257(f)(1). We AFFIRM. 

Arnold contends, principally, that the district court erred by applying the sentencing

guidelines to reach a sentence in excess of twenty-four months. The district court was correct in

applying the guidelines to Arnold’s plea of guilty and accompanying plea agreement.
2

Arnold pleaded guilty to violation of 18 U.S.C. § 2257(f)(1), failing to maintain records

of performers in photographs of actual sexually explicit conduct – as defined by § 2256(2)(A-D). 

Guideline § 2G2.5 refers to § 2G2.1 for the base offense level if the lack of records is to conceal

causing a minor to engage in sexually explicit conduct. 

The plea agreement provided:

All parties understand that this plea of guilty is conditional upon the

Sentencing Guidelines calculations in this case providing a term of

imprisonment of at least two (2) years for this offense and the

related conduct which involves sexually exploiting minors by the

production of sexually explicit material in accordance with § 2G2.1

of the Sentencing Guidelines.

Arnold also waived appeal except for sentencing guideline determination. The district

court made no error in its sentencing guideline determinations that would affect Arnold’s

sentence.

AFFIRMED.
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 Homeland Security

###### Federal Emergency Management Agency

          - [FEMA-1606-DR]

# AGENCY:

Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster for the State of Texas (FEMA-1606-DR), dated September 24, 2005, and related determinations.

# EFFECTIVE DATE:

October 14, 2005.

# FOR FURTHER INFORMATION CONTACT:

Magda Ruiz, Recovery Division, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-2705.

# SUPPLEMENTARY INFORMATION:

Notice is hereby given that the incident period for this disaster is closed effective October 14, 2005.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050 Individuals and Households Program—Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,

Acting Under Secretary, Emergency Preparedness and Response, Department of Homeland Security.

[FR Doc. 05-21503 Filed 10-27-05; 8:45 am]

BILLING CODE 9110-10-P
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D21-1101

_____________________________

TAREYAN COOKS,

Appellant,

v.

RICKY D. DIXON, Secretary, 

Florida Department of 

Corrections,

Appellee.

_____________________________

On appeal from the County Court for Leon County.

Augustus D. Aikens, Judge.

September 6, 2022

PER CURIAM.

AFFIRMED.

ROWE, C.J., and B.L. THOMAS and LONG, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Tareyan Cooks, pro se, Appellant.

Ashley Moody, Attorney General, and Kelly R. Forren, Assistant 

Attorney General, Tallahassee, for Appellee.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5438 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5438

 To amend title 23, United States Code, to direct the Administrator of 
   the Environmental Protection Agency to publish annually a list of 
vehicles that satisfy requirements for certification as a low emission 
         and energy-efficient vehicle, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 27, 2010

 Mr. Donnelly of Indiana (for himself and Mr. McCotter) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To amend title 23, United States Code, to direct the Administrator of 
   the Environmental Protection Agency to publish annually a list of 
vehicles that satisfy requirements for certification as a low emission 
         and energy-efficient vehicle, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Municipal Fleet Modernization Act of 
2010''.

SEC. 2. LIST OF LOW EMISSION AND ENERGY-EFFICIENT VEHICLES.

    Section 166 of title 23, United States Code, is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) List of Low Emission and Energy-Efficient Vehicles.--Not 
later than 90 days after the date of enactment of the Municipal Fleet 
Modernization Act of 2010, and annually thereafter, the Administrator 
of the Environmental Protection Agency shall update and publish in the 
Federal Register a list of vehicles that satisfy requirements for 
certification as a low emission and energy-efficient vehicle.''.
                                 <all>
```
EXHIBIT 32.2



CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

PURSUANT TO RULE 13A-14(B) OF THE EXCHANGE ACT AND 18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with Annual Report of IRIS
International, Inc. (the Company) on Form 10-K for the fiscal year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Peter L. Donato, Chief Financial Officer
of the Company, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



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



Date:
March 15, 2010



/s/ Peter L. DonatoPeter L. Donato Chief Financial Officer
Exhibit 10.(iii)(12)

      The Supplemental Retirement Income Plan was amended by adding the
following paragraph at the end thereof:

Notwithstanding any other provision of this Supplemental Retirement Income
Plan to the contrary, no participant in the Sears Pension Plan eligible for
a benefit under Supplement K thereto shall receive a benefit under this plan
unless such participant was (1) eligible to participate in the NOVUS Credit
Services Inc. Supplemental Retirement Income Plan prior to June 30, 1993 and
(2) received compensation from SMC/SSB (as defined in Supplement K to the
Sears Pension Plan) that would have been taken into account under Supplement
K were it not for the limit on compensation under section 401(a)(17) of the
Internal Revenue Code.  Furthermore, the benefit payable from this plan to
any such participant in Supplement K shall be paid in a lump sum as soon as
practicable after November 1, 1997.