alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.3.3



AMENDMENT NO. 3

TO THE

UNIFIED WESTERN GROCERS, INC.

SHELTERED SAVINGS PLAN



Unified Western Grocers, Inc. (the Company) hereby amends the first sentence of Section 3.2(a) of the Unified Western Grocers, Inc. Sheltered Savings Plan (the Plan), effective as of January 1, 2004, to
read as follows:



Subject to the limitations contained
elsewhere in the Plan, each Participant may elect from time to time, by completing the appropriate forms provided by the Committee, to forgo receipt of up to 50%, stated in whole numbers only, or such other maximum, as may be determined by the
Committee in its sole discretion, of his or her Compensation; provided, however, that the Participants Elective Contributions and Voluntary Contributions may not exceed 50%, or such other maximum, as may be determined by the Committee, of his
or her Compensation.



* * * * *



The Company has caused this Amendment No. 3 to be signed on the date
indicated below, to be effective as indicated above.



|                           |  |  |  |                               |  |                            |  |                                             
|-------------------------- |  |  |  | ----------------------------- |  | -------------------------- |  | --------------------------------------------
|                           |  |  |  | Company                    
|                           |  | 
|                           |  |  |  | UNIFIED WESTERN GROCERS, INC.
|                           |  |  | 
|Date:    December 19, 2003 |  |  |  | By:                           |  | /s/    ROBERT M. LING,
JR.
|                           |  |  |  |                               |  |                            |  | Robert M. Ling, Jr.                         
|                           |  |  |  |                               |  | Its:                       |  | Executive Vice President and General Counsel
<PAGE>
                                                                      Exhibit 21

SUBSIDIARIES OF THE REGISTRANT

Subsidiaries of the Registrant:                 State of Incorporation:
--------------------------------------          ----------------------------
Broadband Capital Corporation                   Delaware

Broadband Royalty Corporation                   Delaware

Broadband Network Services, Inc.                Delaware

Broadband Management Solutions, LLC             Delaware

C-COR Argentina, S.R. L                         Foreign (Argentina)

C COR de Mexico, S.A. de C.V                    Foreign (Mexico)

C-COR Broadband Communications                  Europe GmbH Foreign (Austria)

C-COR Electronics Canada, Inc.                  Foreign (Canada)

C-COR/Comlux, Inc.                              Pennsylvania

MobileForce Technologies GmbH                   Foreign (Europe)

C-COR Europe, B.V                               Foreign (Europe)

C-COR Europe Holding B.V                        Foreign (Europe)

C-COR Electronics Foreign Sales Corporation     St. Thomas, V.I.
#### MISS ELLEN ROBINSON and MRS. KATE R. McDIARMID v. BEN BUSIC and I. W. ADAMS.

(Filed 2 November, 1966.)

Appeal by defendant from *Crissman, J.,*June, 1966 Civil Session, WiLKES Superior Court.

The plaintiffs instituted this civil action to recover from the defendant, Ben Busic, damages resulting from the fraud he perpetrated on the plaintiffs by inducing them to sell and convey to him by timber deed the merchantable timber on designated tracts of their lands. The plaintiffs are sisters, 73 and 81 years of age. They are inexperienced in business matters. After numerous visits, the appellant, an experienced timber dealer, advised the plaintiffs that the big trees on their lands, worth $200.00, needed to be cut and removed in order to permit the younger trees to grow. He had his attorneys prepare a deed for *all merchantable timber*on more than 100 acres of land, presented the deed, explaining to plaintiffs that merchantable *450timber meant only a few big trees. Plaintiffs signed the deed. This was in January. In October, following, Busic sold the timber to I. W. Adams for $6,250.00. Appellant requested Adams not to divulge to the plaintiffs the amount he paid for the timber. Adams testified he would have paid the ladies as much in January as he paid Busic in October. The action was dismissed as to him.

Adams cut 394,334 board feet of lumber for which he received $23,015.35.

The jury answered the issues as here indicated:

“1. Did the defendant procure the timber of the plaintiffs by false and fraudulent representations, as alleged in the complaint?

Answer: Yes.

“2. If so, what amount, if any, are the plaintiffs entitled to recover of the defendant?

Answer: $5,525.00.”

From a judgment on the verdict, the defendant appealed.

*McElwee & Hall by John E. Hall for plaintiff appellees.*

*Ferree <& Brewer for defendant appellant.*

Per Curiam.

The appellant took many exceptions to the admissibility of evidence and to designated parts of the court’s charge, none of which is sustained. The rule for the assessment of damages given by the court, while not technically correct, nevertheless was in nowise prejudicial to the defendant. There is nothing in this record to suggest the defendant would fare better, and he might fare worse at another trial.

No error.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 02-1213

JOHN COOKE WILSON, Plaintiff - Appellant,
versus PRESIDENT, TIME, INCORPORATED; BRIAN WOLFE, Director of Consumer Marketing Time, Incorporated; E. MATTHEWS, Director of Sweepstakes Time, Incorporated; W. J. MILLER, Director of Sweepstakes Time, Incorporated; PRESIDENT, VENTURA ASSOCIATES, INCORPORATED; PRESIDENT, SPORTS ILLUSTRATED MAGAZINE; GUARANTEED & BONDED SWEEPSTAKES III; TIME CUSTOMER SERVICE, INCORPORATED, Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Aiken. G. Ross Anderson, Jr., District Judge. (CA-00-2293-1-13AK) Submitted: May 21, 2002 Decided: June 11, 2002 Before WILKINS, WILLIAMS, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion.2 John Cooke Wilson, Appellant Pro Se. Frank Rogers Ellerbee, III, ROBINSON, MCFADDEN & MOORE, P.C., Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Wilson raised several other claims in his original complaint, but he failed to raise those claims on appeal. Therefore, he has waived review of those claims. See 4th Cir. R. 34(b).
3 PER CURIAM: John Cooke Wilson appeals the district court’s order adopting the report and recommendation of a magistrate judge granting Appellees’ motion for summary judgment and dismissing Wilson’s action. On appeal, Wilson contends that the district court erred by dismissing his claims of fraud, perjury, and conspiracy stemming from a magazine sweepstakes promotion. * Finding no error, we affirm. We review an award of summary judgment de novo. Higgins v. E. I. Dupont de Nemours & Co. , 863 F.2d 1162, 1167 (4th Cir. 1988). Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c); Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 247-49 (1986). In determining whether the moving party has shown that there is no genuine issue of material fact, we assess the factual evidence and all inferences to be drawn therefrom in the light most favorable to the non-moving party. Id. at 255; Smith v. Va. Commonwealth Univ., 84 F.3d 672, 675 (4th Cir. 1996).4 We have reviewed Wilson’s claims and find them meritless. Accordingly, we affirm on the reasoning of the district court. See Wilson v. President, Time, Inc. , No. CA-00-2293-1-13AK (D.S.C. Dec. 7, 2001). 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.

AFFIRMED
Case 1:07-cv-03317-SHS Document 5 Filed 05/17/2007 Page 1 of 1
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Case 1:07-cv-03342-AKH     Document 4      Filed 07/16/2007     Page 6 of 8

Case 1:07-cv-03342-AKH     Document 4      Filed 07/16/2007     Page 7 of 8

Case 1:07-cv-03342-AKH     Document 4      Filed 07/16/2007     Page 8 of 8
EX-10.10.3




 Exhibit 10.10.3 

RESTRICTED STOCK UNIT GRANT NOTICE UNDER THE FINANCE OF AMERICA 

COMPANIES INC. 2021 OMNIBUS INCENTIVE PLAN 

(Non-Employee Director Restricted Stock Units) 

Finance of America Companies Inc., a Delaware corporation (the “Company”), pursuant to its 2021 Omnibus Incentive Plan, as it may be amended
and restated from time to time (the “Plan”), hereby grants to the Participant set forth below, the number of Restricted Stock Units set forth below. The Restricted Stock Units are subject to all of the terms and conditions as set
forth herein, in the Restricted Stock Unit Agreement (attached hereto or previously provided to the Participant in connection with a prior grant), and in the Plan, all of which are incorporated herein in their entirety. Capitalized terms not
otherwise defined herein shall have the meaning set forth in the Plan. 
  

	 Participant: 
	[●] 

  

	 Date of Grant: 
	[●] 

  

	 Vesting Reference Date 
	[●] 

  

	 Number of Restricted Stock Units: 
	[●] 

  

	 Vesting Schedule: 
	Provided the Participant has not undergone a Termination prior to the applicable vesting date (or event), 100% of the Restricted Stock Units will vest on the earlier of (i) the first anniversary of the Vesting Reference Date and
(ii) the first regularly scheduled annual meeting of the stockholders of the Company following the Date of Grant; provided, however, that in the event of a Change in Control prior to the vesting date (or event) and provided
Participant has not undergone a Termination prior to such Change in Control, such Participant shall fully vest in such Participant’s Restricted Stock Units to the extent not then vested or previously forfeited or cancelled. 


*        *        * 

THE UNDERSIGNED PARTICIPANT ACKNOWLEDGES RECEIPT OF THIS RESTRICTED STOCK UNIT GRANT NOTICE, THE RESTRICTED STOCK UNIT AGREEMENT AND THE PLAN, AND, AS AN
EXPRESS CONDITION TO THE GRANT OF RESTRICTED STOCK UNITS HEREUNDER, AGREES TO BE BOUND BY THE TERMS OF THIS RESTRICTED STOCK UNIT GRANT NOTICE, THE RESTRICTED STOCK UNIT AGREEMENT AND THE PLAN. THE RESTRICTED STOCK UNITS SHALL BE FORFEITED FOR NO
CONSIDERATION AS OF THE THIRTIETH (30TH) DAY FOLLOWING THE DATE OF GRANT IN THE EVENT THE UNDERSIGNED PARTICIPANT DOES NOT EXECUTE AND RETURN A COPY OF THIS RESTRICTED STOCK UNIT GRANT NOTICE TO
THE COMPANY WITHIN THIRTY (30) DAYS FOLLOWING THE DATE OF GRANT. 
  

							
	FINANCE OF AMERICA COMPANIES INC.	  		  	PARTICIPANT
	  
	  		  	  

	By:	  	[●]	  		  	[●]
	Title:	  	[●]
ex_313289.htm


EXHIBIT 10.4


 


HealthStream, Inc. (the Company)


 


Summary of Director and Executive Officer Compensation


 


I. Director Compensation. Directors who are employees of the Company do not receive additional compensation for serving as directors of the Company. For fiscal year 2021, each director received an annual retainer of $5,000, except for the Audit Committee Chair and Nominating and Corporate Governance Chair, who received an additional annual retainer of $7,500, and the Compensation Committee Chair, who received an additional annual retainer of $2,000. Non-employee directors also received a $20,000 flat-fee, except for members of the Audit Committee who received $22,500, for board and committee meeting attendance and participation in lieu of per meeting fees.


 


In addition to the cash compensation set forth above, each non-employee director is eligible to receive a nondiscretionary annual grant of restricted share units. The restricted share units are granted annually and vest ratably over a three-year period.


 


Director compensation for 2022 has not yet been determined by the Compensation Committee.


 


II. Executive Officer Compensation. The following table sets forth the current base salaries and fiscal 2021 performance bonuses to be provided to our executive officers upon review and approval by the Compensation Committee, including the individuals who the Company expects to be its Named Executive Officers for 2022.


 


	
			Executive Officer

				 	
			Current Base Salary

				 	 	
			Fiscal 2021 Bonus Amount1

				 
	
			Robert A. Frist, Jr.

				 	$	365,000	 	 	$	146,000	 
	
			J. Edward Pearson

				 	$	355,000	 	 	$	142,000	 
	
			Michael Sousa

				 	$	355,000	 	 	$	142,000	 
	
			Scott A. Roberts

				 	$	275,000	 	 	$	82,500	 
	
			Jeffrey D. Cunningham

				 	$	300,000	 	 	$	90,000	 
	
			Michael M. Collier

				 	$	300,000	 	 	$	90,000	 
	
			Trisha L. Coady

				 	$	290,000	 	 	$	87.000	 
	
			M. Scott McQuigg

				 	$	285,000	 	 	$	85,500	 
	
			Kevin O’Hara

				 	$	285,000	 	 	$	85,500	 
	
			Scott Fenstermacher

				 	$	210,000	 	 	$	-0-	 



 


1 Fiscal 2021 bonus amounts remain subject to review and approval by the Compensation Committee.


 


Base salary adjustments for 2022, bonus targets for 2022 cash bonuses, and 2022 equity grants for executive officers have not yet been determined by the Compensation Committee.


 


III. Additional Information. The foregoing information is summary in nature. Additional information regarding Director and Named Executive Officer compensation will be contained in the Company’s 2022 Proxy Statement.
Case 1:06-cv-15010-AKH Document 2 Filed 12/08/2006 Page 1 of 1
Unassociated Document








 

MODIFICATION OF AGREEMENT









 

WHEREAS, OxySure Systems, Inc. ("OxySure") and JTR Investments, Ltd. ("JTR") (OxySure and JTR jointly, the "Parties") entered into that certain Promissory Note ("Note") dated 3/1/08 in the principal amount of $250,000; and

 

"WHEREAS, The Parties have agreed that it is in their best interests to modify the terms of the Note.

 

NOW, WHEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:





 

Section 1. of the Note shall be amended as follows:





 

Maturity Date. The then outstanding Principal Amount shall become due and payable on the 24 month anniversary of the Issue Date (the "Maturity Date"). "Issue Date" means the later of the date of first issuance of this Note as set forth above or the date of signature hereof.

 

All other provisions of the Note shall remain unchanged. 

 

Agreed to and accepted:
Exhibit 12.1

# GREAT PLAINS ENERGY

# COMPUTATION OF RATIO
OF EARNINGS TO FIXED CHARGES

|                                         |      |      |      |         |     
|---------------------------------------- | ---- | ---- | ---- | ------- | ----
|September 30                            
|2003                                     | 2002 | 2001 | 2000 | 1999    | 1998
|
|(Thousands)                             
|Income (loss) from continuing operations |      |      |      |         |     
|before cumulative effect of changes      |      |     
|in accounting principles                 |      |      | $    | 157,890 |     
|Add:                                     |      |     
|Equity investment (income) loss          |      |      |      | 1,711   |     
|Minority interests in subsidiaries       |      |      |      | -       |     
|
|Income subtotal                          |      |      |      | 159,601 |     
|
|                                         |      |     
|Add:                                     |      |     
|Taxes on income                          |      |      |      | 66,578  |     
|Kansas City earnings tax                 |      |      |      | 789     |     
|
|Total taxes on income                    |      |      |      | 67,367  |     
|
|                                         |      |     
|Interest on value of leased              |      |     
|property                                 |      |      |      | 4,807   |     
|Interest on long-term debt               |      |      |      | 42,138  |     
|Interest on short-term debt              |      |      |      | 4,245   |     
|Mandatorily redeemable Preferred         |      |     
|Securities                               |      |      |      | 9,337   |     
|Other interest expense                   |      |     
|and amortization                         |      |      |      | 3,021   |     
|
|Total fixed charges                      |      |      |      | 63,548  |     
|
|                                         |      |     
|Earnings before taxes on                 |      |     
|income and fixed charges                 |      |      |      | 290,516 |     
|
|                                         |      |     
|Ratio of earnings to fixed charges       |      |      |      | 4.57    |     
|

|    |                                                                    
|--- | -------------------------------------------------------------------
|(a) | A $68.7 million deficiency in earnings caused the ratio of earnings
|    | to fixed charges to be less than a one-to-one coverage. A $195.8   
|    | million net write-off before income taxes related to the bankruptcy
|    | filing of DTI was recorded in 2001.
**EXHIBIT 23.0—CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**We consent to the incorporation by reference in this Annual Report (Form 10-K) of Inter-Tel,Incorporated of our report dated March 10, 2006 with respect to the consolidated financialstatements and schedule of Inter-Tel, Incorporated.We consent to the incorporation by reference in the following Registration Statements:(1) Registration Statement (Form S-8 No. 33-40353) pertaining to the 1990 Directors Stock OptionPlan, (2) Registration Statement (Form S-8 No. 33-83826) pertaining to the Inter-Tel, Incorporated 1994Long Term Incentive Plan, (3) Registration Statement (Form S-8 No. 33-73620) pertaining to the Inter-Tel, IncorporatedEmployee Stock Ownership Plan, (4) Registration Statement (Form S-8 No. 333-41197) pertaining to the Inter-Tel, Incorporated1997 Long Term Incentive Plan and Inter-Tel, Incorporated 1997 Employee Stock Purchase Plan, (5) Registration Statement (Form S-8 No. 333-56872) pertaining to the Acquisition Stock OptionPlan, (6) Registration Statement (Form S-8 No. 333-67261) pertaining to the Acquisition Stock OptionPlan, (7) Registration Statement (Form S-8 No. 333-85098) pertaining to the Inter-Tel, Incorporated1997 Long Term Incentive Plan and Acquisition Stock Option Plan, (8) Registration Statement (Form S-8 No. 333-87474) pertaining to the Inter-Tel, Incorporated1997 Employee Stock Purchase Plan, (9) Registration Statement (Form S-8 No. 333-104642) pertaining to the Inter-Tel, Incorporated1997 Long-Term Incentive Plan, (10) Registration Statement (Form S-8 No. 333-016868) pertaining to the Inter-Tel, IncorporatedTax Deferred Savings Plan and Retirement Trust, (11) Registration Statement (Form S-8 No. 333-113600) pertaining to the Inter-Tel, Incorporated1997 Long-Term Incentive Plan, (12) Registration Statement (Form S-8 No. 333-123506) pertaining to the Inter-Tel, Incorporated1997 Long-Term Incentive Plan (13) Registration Statement (Form S-3 No. 33-58161), (14) Registration Statement (Form S-3No. 33-61437), (15) Registration Statement (Form S-3 No. 333-01735), (16) Registration Statement (Form S-3 No. 333-12433), and (17) Registration Statement (Form S-3 No. 333-39221);of our report dated March 10, 2006, with respect to the consolidated financial statements andschedule of Inter-Tel, Incorporated, Inter-Tel, Incorporated management’s assessment of theeffectiveness of internal control over financial reporting, and the effectiveness of internalcontrol over financial reporting of Inter-Tel, Incorporated, included in this Annual Report (Form10-K) of Inter-Tel, Incorporated for the year ended December 31, 2005.                                                                          /s/ Ernst & Young LLP  Phoenix, Arizona
#### HARDING v. HARDING

No. 232 PC.

Case below: 29 N.C. App. 633.

Petition by defendant for discretionary review under G.S. 7A-31 denied 1 September 1976.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 6585** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v.
ALBERT CHARLES BURGESS , Defendant

- Appellant

.

Appeal from the United States District Court for the Western District of North Carolina , at Asheville

. Graham C. Mullen, Senior District Judge. ( 1:09

- cr - 00017

- GCM

- DLH

- 1 ; 1:12

- cv - 00375

- GCM )

Submitted : July 23, 2015 Decided: July 28, 2015

Before NIEMEYER and KING , Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by un published per curiam opinion

.

Albert Charles Burgess, Jr. , Appellant Pro Se. Thomas Richard Ascik , Amy Elizabeth Ray , Assistant United States Attorneys, Asheville , North Carolina; Kimlani M. Ford , Cortney Rand all , Edward R. Ryan , Assistant United States Attorneys, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Albert Charles Burgess, Jr. , appeals the district court’s
order denying hi s motion seeking an extension of time to file a
Fed. R. C iv. P. 59(e) motion . On appeal, we confine our review to the issues raised in the Appellant’s brief. See 4th Cir. R. 34(b).

Because Burgess ’ informal brief s do not challenge the basis for the district court’s disposition, Burgess has forfeited appellate review of the court’s order. Accordingly, we affir m the district

court ’ s judgment . We dispense with oral argument because the facts and legal contentions ar e adequately presented in the materials
before th is court and argument would not aid the decisional

process.

AFFIRMED
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title
18 of the United States Code), each of the undersigned officers of Kreisler Manufacturing Corporation (the Company) does hereby certify with respect to the Quarterly Report of the Company on Form 10-QSB for the period ended
March 31, 2006 (the Report) that:



| | (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: May 15, 2006 |  | /s/ Michael D. Stern    |  | 
|                   |  | Michael D. Stern        |  | 
|                   |  | Chief Executive Officer |  | 
|                   |  |                        
|Date: May 15, 2006 |  | /s/ Edward A. Stern     |  | 
|                   |  | Edward A. Stern         |  | 
|                   |  | Chief Financial Officer |  | 

The foregoing certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.



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