alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w1



 




Exhibit 10.1




November 1, 2006




Glenn M. Parker, M.D.

13630 NW 8th Street

Suite 210

Sunrise, FL 33325




Dear Glenn:



I understand that you have elected to waive part of your annual salary voluntarily, beginning
November 1, 2006. I am writing on behalf of the Compensation Committee of NationsHealth’s Board of
Directors to accept your generous offer and to provide a written record of the arrangement.



As you know, your employment agreement with NationsHealth currently provides for a minimum
annual salary of $500,000. You have agreed to reduce your annual salary to $400,000, effective
November 1, 2006. This reduction in your salary is made at your request, and you may elect at any
time during the term of your employment agreement to have your current annual salary reinstated
prospectively.



When you decide to have your current salary reinstated, please notify the Compensation
Committee in writing of your decision. NationsHealth will then restore your annual salary to
$500,000, effective for payroll periods beginning after the Committee receives your request (but
without any retroactive payments or adjustments for the period before we receive your request).



On behalf of NationsHealth, let me say that we appreciate the leadership you have shown in
voluntarily reducing your salary, and we look forward to continuing to work with you for the
company’s future success.



If this letter accurately states your agreement to reduce your annual salary, please sign a
copy of this letter and return it to Tim Fairbanks.



Sincerely,




/s/ Don K. Rice




Don K. Rice

Chairman, Compensation Committee




Agreed to:





			
	By:	 	/s/ Glenn M. Parker

 

Glenn M. Parker, M.D.






			
	Date:	 	11/1/06
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

February 4, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-6763

Johnson Electric North America, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

NOEL LIFE,

 

 Appellant,

v.

EAST EL PASO VETIRANARY 

HOSPITAL,

 Appellee. 

§

§

§

§

§

§

§

No. 08-22-00236-CV

Appeal from the

120th District Court

of El Paso County, Texas 

(TC# 2021DCV4356)

O R D E R

On November 23, 2022, Appellant filed notice of appeal in the above-styled and numbered 

cause. The notice of appeal is late, but it was filed within fifteen days after the deadline for the 

notice of appeal to be filed. A motion for extension of time is necessarily implied when an 

appellant, acting in good faith, files a notice of appeal beyond the time allowed by TEX.R.APP.P.

26.1 but within the fifteen-day grace period provided by Rule 26.3 for filing a motion for extension 

of time. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). However, an appellant must 

still provide the Court with a reasonable explanation for the late filing of the notice of appeal before 

the Court may accept the appeal. Accordingly, Appellant is ordered to respond in writing and 

provide the Court with a reasonable explanation for filing the notice of appeal late. See

TEX.R.APP.P. 10.5(b)(1)(C), 26.3; Verburgt, 959 S.W.2d at 617. The explanation is due to be filed 

no later than December 3, 2022. If Appellant fails to comply with this order, the appeal is subject 

to dismissal without further notice.

IT IS SO ORDERED this 23rd day of November, 2022.

PER CURIAM

Before Rodriguez, C.J., Palafox and Alley, JJ.
#### Matthew MOOREHEAD, Movant, v. STATE of Missouri, Respondent.

No. 64048.

Missouri Court of Appeals, Eastern District, Division One.

Nov. 2, 1993.

S. Paige Canfield, St. Louis, for movant.

Jeremiah W. (Jay) Nixon, Atty. Gen. and Elizabeth L. Ziegler, Asst. Atty. Gen., Jefferson City, for respondent.

Before CRANDALL, P.J., and REINHARD and CRIST, JJ.

*ORDER*

PER CURIAM.

Movant, Matthew Moorehead, appeals from the dismissal of his Rule 29.15 motion.. The trial court dismissed his motion as untimely. *See*Rule 29.15(b).

The order of the trial court is based on findings of fact that are not clearly erroneous; no error of law appears. An opinion would have no precedential value.

The order of the trial court is affirmed. Rule 84.16(b).
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

176 CA 13-00950 PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.

EDWARD S. KALFAS, PLAINTIFF-APPELLANT,

V ORDER
TRACIE LYNN KALFAS, DEFENDANT-RESPONDENT.

ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD (PAUL V. WEBB, III, OF COUNSEL), FOR PLAINTIFF-APPELLANT.
LENHARDT & SMITH, WILLIAMSVILLE (CLAYTON J. LENHARDT OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from a judgment of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered July 23, 2012 in a divorce action. The judgment, among other things, dissolved the marriage between the parties and distributed the marital debts and assets.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed for reasons stated in the decision at Supreme Court.

Entered: February 7, 2014 Frances E. Cafarell Clerk of the Court
<PAGE>
                                                                    EXHIBIT 32.1

DAC TECHNOLOGIES, INC. CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS
ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report on Form 10-KSB of DAC TECHNOLOGIES, INC.
(the "Company") for the period ended December 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), David A.
Collins Chief Executive Officer of the Company, hereby certifies, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, 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.

/s/ David A. Collins
----------------------------------------
David A. Collins, Chief Executive Officer


Date: March 29, 2003


DAC TECHNOLOGIES, INC. CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS
ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 In connection with the Annual Report on Form 10-KSB of DAC TECHNOLOGIES, INC.
(the "Company") for the period ended December 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Robert C.
Goodwin, Chief Financial Officer of the Company, hereby certifies, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, 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.

/s/ Robert C. Goodwin
----------------------------------------
Robert C. Goodwin, Chief Financial Officer


Date: March 29, 2003
Filed by Automated Filing Services Inc. (604) 609-0244 - Hemis Corporation - Exhibit 10.8






Addendum

THIS ADDENDUM (“Addendum”) effective as of October 4,
2006.

BETWEEN

(1) ELECTRUM CAPITAL
INC.
(2) SNRA MARIA DE LOS ANGELES VALVERDE 
(3) HEMIS
CORPORATION

WHEREAS:

	(A) 	
      The parties have entered into a binding Letter Of Intent
      signed on September 7, 2006 with respect to an interest in the Centela
      Properties as defined therein (“LOI”).

	 	 
	(B) 	
      The parties wish to change the commencement date of the
      LOI.



THIS AGREEMENT WITNESSES that the parties have agreed
that:

	1. 	
      For the purposes of the LOI, the commencement date
      referred to throughout shall be October 6, 2006.

	 	 
	2. 	
      All other provisions in the LOI shall remain in full
      force and effect.

	 	 
	3. 	
      This Addendum shall enure to the benefit of and be
      binding upon my heirs, executors, administrators, successors and
      assigns.



IN WITNESS WHEREOF this Addendum has been executed by
the parties to it, the day, month and year first written.

ELECTRUM CAPITAL INC

     /s/ Alan Carter                       

  By: Alan Carter, President

     /s/ M. Valverde Guzman        

  Snra Maria de Los Angeles Valverde Guzman

HEMIS CORPORATION

     /s/ Norman Meier                      

  By: Norman Meier, President
| (i) | the accompanying Annual Report on Form 10-K of the Company for the fiscal year ended January 31, 2011 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and |
|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in such Report. |
|------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |                                                                |   |
|--------|---------------------------------------------------------------------|--------|
|   | /s/ Timothy E. Brog                                                 |   |
|   | Timothy E. Brog                                                     |   |
|   | Chairman and Chief Executive Officer                                |   |
|   | (Principal Executive Officer)                                       |   |
|   |                                                                |   |
|   |                                                                |   |
|   | /s/ William R. Neil                                       |   |
|   | William R. Neil                                                     |   |
|   | Chief Financial Officer(Principal Financial and Accounting Officer) |   |
#### Stover *et al. v.*Atlantic Ice and Coal Corporation.

No. 2877.

September 20, 1922.

Injunction. Before Judge Pendleton. Fulton superior court. September 20, 1921.

*Reuben R. & Lowry Arnold*and *A. H. Davis,*for plaintiffs in error.

*Spalding, MacDougald & Sibley*and *O. T. & J. L. Hopkins,*contra.

Atkinson, J.

1. The relation of principal and agent is a fiduciary one and the latter can not make advantage and profit for himself out of the relationship, or out of knowledge thus obtained, to the injury of his principal; and the agency being established, the agent will be held to be a trustee as to any profits, advantages, rights, or privileges under any contract made and obtained within the scope and by reason of such agency; and where the agent invests such profits in property or places the same to his credit in a bank, he will be held to hold the same as trustee for the principal, and the latter can maintain in a court of equity an action to trace such profits into such investments, and to enjoin the agent or his donee from selling, disposing of, or encumbering any such profits or any property in which the same have been invested. Civil Code (1910), §§ 3739, 3780; *Forlaw*v. *Augusta Naval Stores Co.,*124 *Ga.*261 (6) (52 S. E. 898); United States *v.*Carter, 217 U. S. 286 (30 Sup. Ct. 515, 54 L. ed. 769, 19 Ann. Cas. 594).

2. Applying the above principle to the facts of this case, the court did not err in granting the injunction.

*Judgment affirmed.*

*All the Justices concur, except Beok, P. J., (¡Assenting, and Gilbert, J., disqualified.*
Exhibit 31.2

CHIEF FINANCIAL OFFICER CERTIFICATION

I, Steven Macri, certify that:

1. I have reviewed this quarterly report on Form 10-Q/A for the period ended June 30, 2010 of WMG Acquisition Corp. (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; and

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.

Dated: August 24, 2010



/s/ STEVEN MACRIChief Financial Officer (Principal Financial and
Accounting Officer)
<PAGE>

                                                                    Exhibit 10.8

                    TELESAT CANADA CORPORATE INCENTIVE AWARD

The Corporate Incentive Award (CIA) is a mechanism to recognize and reward
employees for their contribution to the Company's successes in the year under
review. The amount of the CIA depends on the following factors:

     -    The employee's job family

     -    The Corporate Performance Factor (CPF)

     -    The employee's individual performance rating

To be eligible to receive the CIA or any portion of it, employees must meet ALL
of the following criteria:

     -    Have a valid permanent or long term employment contract with Telesat
          Canada through the Human Resources Group, and the contract must be in
          effect January 1st following the year under review

     -    Have contributed to the Company in the form of active employment for a
          minimum period of three months within the year under review

     -    Ineligible for any other incentive compensation plan within the year
          under review

     -    Performance rating of 2, 3, 4 or 5 for the period under review

The CPF is determined by Executive Management at the end of the year and is
measured by the following criteria:

     -    Financial Success

     -    Customer Service

     -    Strategy/Focus

The Human Resources Group is responsible for administering the CIA. Payment of
the award is made during the first quarter of the year following the year under
review. Employees have the option of transferring the full or a partial amount
of their CIA to an existing RRSP.
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________

Nos. 17-3752, 18-1253, 19-1129, 19-1189

_____________

COMMONWEALTH OF PENNSYLVANIA; STATE OF NEW JERSEY

v.

PRESIDENT UNITED STATES OF AMERICA; SECRETARY UNITED STATES 

DEPARTMENT OF HEALTH AND HUMAN SERVICES; UNITED STATES

DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECRETARY UNITED 

STATES DEPARTMENT OF TREASURY; UNITED STATES DEPARTMENT OF

TREASURY; SECRETARY UNITED STATES DEPARTMENT OF LABOR; UNITED 

STATES DEPARTMENT OF LABOR; UNITED STATES OF AMERICA

Little Sisters of the Poor Saints Peter and Paul Home 

(Intervenor in D.C.),

Appellant in 17-3752, 19-1129

President United States of America, Secretary United 

States of Department of Health and Human Services, 

United States Department of Health and Human 

Services, Secretary United States Department of 

Treasury, United States Department of Treasury, 

Secretary United States Department of Labor, United 

States Department of Labor, 

 Appellants in 18-1253,

19-1189 (Except President United States of America)

______________________

ORDER AMENDING OPINION

______________________

At the direction of the Court, the opinion filed on July 12, 2019 is amended as 

follows:

Page 44, first full paragraph, second to last line, the last word: omit “the” so it reads “as 

provided for in comprehensive guidelines.”; and,
Page 51, first full paragraph, the opinion includes the following sentence and quotation:

“No tradition, and no prior decision under RFRA, allows a religion-based exemption 

when the [A]ccommodation would be harmful to others—here, the very persons the 

contraceptive coverage requirement was designed to protect.” Hobby Lobby, 573 U.S. at 

764 (Ginsburg, J., concurring) replace concurring with dissenting so that the citation 

reads Hobby Lobby, 573 U.S. at 764 (Ginsburg, J., dissenting).

For the Court,

s/ Patricia S. Dodszuweit

Clerk

Date: July 18, 2019

cc: All Counsel of Record
<PAGE>

                                                                 EXHIBIT 12
                                                         Form 10-K for 1997

                                                           File No. 1-11237

                            AT&T CAPITAL CORPORATION
                       COMPUTATION OF RATIO OF EARNINGS TO
                                  FIXED CHARGES
                             (Dollars in Thousands)

<TABLE>
<CAPTION>
Year Ended December 31,     1997       1996       1995      1994       1993
---------------------------------------------------------------------------
<S>                         <C>        <C>        <C>       <C>        <C>
Earnings from continuing
 operations:

  Income before
   income taxes
   and extraordinary
   loss                   $ 32,036  $278,602   $208,239  $173,614  $138,040

  Deduct undistributed
   earnings on equity
   investments, net of
   losses                        -          -         -         -

  Add fixed charges
   included in income
   before income taxes
   and cumulative effect
   of accounting change    460,221    465,121   418,624   277,913   242,100
---------------------------------------------------------------------------
Total earnings from
 continuing
 operations, as
 adjusted                 $492,257   $743,723  $626,863  $451,527  $380,140
---------------------------------------------------------------------------
Total fixed charges*      $460,221   $465,121  $418,624  $277,913  $242,100

Ratio of earnings
 to fixed charges             1.07       1.60      1.50      1.62      1.57
---------------------------------------------------------------------------
</TABLE>


* Fixed charges include interest on indebtedness and the portion of rentals
representative of the interest factor. Fixed charges do not include
distributions on Company-obligated preferred securities of the Company's
subsidiaries.
Director Compensation Policy



 Exhibit 10.23 
 Super Micro Computer, Inc. Director Compensation Policy 
 The Super Micro Computer, Inc. (the
“Company”) Board of Directors (the “Board”) compensation policy provides the following compensation components for non-employee directors’ service as Board members, participation at Board meetings, and service
on Board committees: 
  

	 	1.	Cash 

  

	 	·	 	Annual retainer fee of $40,000 per director, payable quarterly at the end of each quarter 

  

	 	·	 	Reimbursement for reasonable expenses for attendance at Board and committee meetings 

  

	 	·	 	Annual committee fee of $25,000 for chairperson of the Audit Committee, and $5,000 for each of the chairpersons of the Compensation Committee and Nominating and Corporate Governance
Committee, payable quarterly at the end of each quarter 

  

	 	·	 	Annual committee fee of $2,500 per director serving on a committee, payable quarterly at the end of each quarter 

 Fees will be proportionally reduced for any director who does not serve in any capacity for the full year. 
  

	 	2.	Stock Options 

  

	 	·	 	Initial Options: 

  

	 	o	Initial stock option grants of 9,000 shares per director on appointment or election 

  

	 	o	Initial stock option grants of 6,000 shares for chairperson of Audit Committee on appointment, and 1,000 shares for each of the chairpersons of the Compensation Committee and
Nominating and Corporate Governance Committee on appointment 

  

	 	·	 	Annual Options: immediately after each of the Company’s regularly scheduled annual meeting of stockholders, automatic option grants of (i) 2,250 shares to all non-employee
directors, (ii) 1,500 shares to chairperson of the Audit Committee, and (iii) 250 shares to each of the chairpersons of the Compensation Committee and Nominating and Corporate Governance Committee 

 Each of the initial options will vest and become exercisable over 4 years, with the first 25% of the shares subject to each such option vesting on the
first anniversary of the date of grant and the remainder vesting quarterly thereafter. Each of the annual options will vest and become exercisable on the first anniversary of the date of grant or immediately prior to the Company’s next annual
meeting of stockholders, if earlier, subject to the director’s continuous service. Options granted to non-employee directors shall have an exercise price equal to the closing price of the Company’s common stock on the date of grant, and
will become fully vested in the event of a change of control of the Company. Such options have a term of 10 years.