alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.1






Exhibit 10.1









	 	 	 
	To:

	 	Thomas B. Barker
	From:

	 	West Corporation Compensation Committee
	Date:

	 	February 23, 2009
	 
	 	 
	Re:

	 	Exhibit A





This Exhibit A for 2009 is entered into pursuant to your Employment Agreement.





	1.	 	Your base salary will be $900,000.
	 
	2.	 	Effective January 1, 2009, you will be eligible to receive a performance bonus based upon
West Corporation’s Adjusted EBITDA less interest income and unrealized synergies
(“Compensation Adjusted EBITDA”) growth for West Corporation in 2009. Compensation Adjusted
EBITDA for each quarter will be compared to the same quarter in the previous year to advance a
pro-rata portion of the bonus. Each $1M increase in Compensation Adjusted EBITDA for the year
over 2008 Compensation Adjusted EBITDA will result in a $56,750 bonus. If any portion of the
bonus is advanced, 75% of the pro-rata bonus will be paid within thirty (30) days from the end
of the quarter. 100% of the total bonus earned will be paid within thirty (30) days of the
final determination of 2009 Compensation Adjusted EBITDA.
	 
	 	 	Should Compensation Adjusted EBITDA exceed $671M for the year, you will eligible to receive
$70,945 for every $1M of Compensation Adjusted EBITDA above that threshold.
	 
	 	 	In the event there is a negative year-to-date profit calculation at the end of any quarter
and a pro-rata portion of the bonus has been advanced in a previous quarter, “loss carry
forward” will result and applied to the next quarterly or year-to-date calculation.
	 
	3.	 	All objectives are based upon West Corporation operations and will not include results
derived from mergers, acquisitions, joint ventures or stock buy backs except to the extent
approved by West Corporation’s Compensation Committee.
	 
	4.	 	At the discretion of the Compensation Committee, you may receive an additional bonus based on
the Company’s and your individual performance.





	 	 	 	 	 
	 	 	 
	 	                                                          /s/ Thomas B. Barker
 	 
	 	Employee – Thomas B. Barker
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

Nos. 06-14-00046-CR & 

 06-14-00047-CR

LEAVELLE FRANKLIN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 102nd District Court

Bowie County, Texas

Trial Court Nos. 13F-1053-102 & 13F-1054-102

Before Morriss, C.J., Carter and Moseley, JJ.
2

ORDER

Leavelle Franklin has filed a fourth motion to extend time to file his appellate brief. The 

requested extension is premised on counsel’s discovery that the appellate record does not include 

a particular exhibit, a recording of an interview of the child complainant conducted at a Child 

Advocacy Center. The record demonstrates that the interview was not played for the jury; it was 

played for the trial court and the child complainant to refresh her recollection, after she informed 

the court that she could not recall that first interview. The recorded interview was successfully 

used to refresh her recollection, and she thereafter was able to answer defense counsel’s 

questions.

Because the recording of the interview is part of the evidence in these cases, it must be 

provided to this Court as part of the appellate record. Accordingly, we order the court reporter to 

provide to this Court, in a supplemental reporter’s record, a copy of the recording designated 

Defense Exhibit Two. The supplemental record shall be filed to be received by this Court on or 

before October 29, 2014.

Because the record has proven to be incomplete, despite the fact that appellant’s brief is 

presently five days past the date on which we ordered it filed, we withdraw our order to file the 

brief by October 16 and order counsel to file the appellant’s brief on or before November 4, 

2014. No further extensions will be granted, and if the brief is not timely filed, this Court may 

take any action we find appropriate.
3

IT IS SO ORDERED.

BY THE COURT

Date: October 22, 2014
I

104TH CONGRESS

2D SESSION H. R. 3817

To amend the Internal Revenue Code of 1986 to reduce the tax on beer

to its pre-1991 level.

IN THE HOUSE OF REPRESENTATIVES

JULY 16, 1996

Mr. ENGLISH of Pennsylvania (for himself, Mr. CHRISTENSEN, and Mr. ENSIGN) introduced the following bill; which was referred to the Committee

on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to reduce

the tax on beer to its pre-1991 level.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REPEAL OF 1990 TAX INCREASE ON BEER.

4 (a) IN GENERAL.—Paragraph (1) of section 5051(a)

5 of the Internal Revenue Code of 1986 (relating to imposi6 tion and rate of tax on beer) is amended by striking ‘‘$18’’

7 and inserting ‘‘$9’’.
2

•HR 3817 IH

1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall take effect on the date of the enact3 ment of this Act.

Æ
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ORDER ESTABLISHING TRIAL DOCKET FOR THE MONTHS OF SEPTEMBER AND

 OCTOBER, 2009, BEFORE THE HONORABLE PATRICK J. DUGGAN*

Listed below are the cases on this Court's trial docket for the months of September and

October, 2009. Counsel will be notified when their case reaches No. 5. After such notice,

counsel should be prepared to begin trial any time on 48 hours notice. It is counsel's

responsibility in all cases after they have been so notified to contact my clerk, Marilyn

Orem, at 234-5147, to ascertain the status of the trial docket. Unless otherwise notified,

this Court commences trial at 8:45 a.m. PLEASE BE PROMPT!

1. 08-10261 REESE V. MICHIGAN DEPARTMENT OF CORRECTIONS

2. 08-14104 RHE-TECH V. OWENS CORNING

3. 08-14916 ESTATE OF RANDEN HARVEY, ET.AL V. USA

4. 09-10283 JOHNSON V. MAJIC WINDOW CO.,E T.AL

5. 09-10481 RICKS V. AUTO-OWNERS INSURANCE CO.,ET.AL

6. 09-10594 REEVES V. BCBG MAXAZRIA GROUP

7. 08-10740 MURRAY V. CHASE HOME FINANCE, ET.AL

s/Patrick J. Duggan 

Patrick J. Duggan

United States District Judge

Dated: August 3, 2009

I hereby certify that a copy of the foregoing document was served upon counsel of record

on August 3, 2009, by electronic and/or ordinary mail.

s/Marilyn Orem 

Case Manager

*PLEASE TAKE NOTICE THAT TRIAL WILL NOT BEGIN BEFORE THE FINAL

PRETRIAL CONFERENCE DATE.

IF THERE IS A MOTION FOR SUMMARY JUDGMENT PENDING, FINAL PRETRIAL

CONFERENCE WILL BE RESCHEDULED APPROXIMATELY 10 DAYS AFTER ANY

DECISION ON SUCH MOTION.

2:09-cv-10283-PJD-MKM Doc # 21 Filed 08/03/09 Pg 1 of 1 Pg ID 133
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3871 Reported in House (RH)]

                                                 Union Calendar No. 398
104th CONGRESS
  2d Session
                                H. R. 3871

                          [Report No. 104-752]

   To waive temporarily the Medicaid enrollment composition rule for 
               certain health maintenance organizations.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 1996

 Mr. Towns (for himself, Mr. Greenwood, and Mr. Franks of Connecticut) 
 introduced the following bill; which was referred to the Committee on 
                                Commerce

                             August 2, 1996

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
   To waive temporarily the Medicaid enrollment composition rule for 
               certain health maintenance organizations.

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

SECTION 1. WAIVER OF 75/25 MEDICAID ENROLLMENT RULE FOR CERTAIN MANAGED 
              CARE ORGANIZATIONS.

    The requirement of section 1903(m)(2)(A)(ii) of the Social Security 
Act is waived--
            (1) with respect to Catholic Health Services Plan of 
        Brooklyn and Queens, Inc. (doing business as Fidelis Health 
        Plan) and Managed Healthcare Systems of New York, Inc., for 
        contract periods through January 1, 1999, and
            (2) with respect to Health Partners of Philadelphia, Inc., 
        for contract periods through December 31, 1999.
                                     

                                                 Union Calendar No. 398

104th CONGRESS

  2d Session

                               H. R. 3871

                          [Report No. 104-752]

_______________________________________________________________________

                                 A BILL

   To waive temporarily the Medicaid enrollment composition rule for 
               certain health maintenance organizations.

_______________________________________________________________________

                             August 2, 1996

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```
EXHIBIT 12


                               EDT LEARNING, INC.
                       RATIO OF EARNINGS TO FIXED CHANGES

     The following table sets forth the Company's earnings to fixed charges for
the periods indicated:

                                                   YEAR ENDED MARCH 31,
                                                --------------------------
                                                2002       2001       2000
                                                ----       ----       ----
     Ratio of Earnings to Fixed Charges (a)      2.4        (b)        (c)

(a)  For the purposes of computing the consolidated ratio of earnings to fixed
     charges, earnings consist of income before income taxes and extraordinary
     items. Fixed charges consist of interest on all indebtedness, amortization
     of debt discount and expense, and that portion of rental expense that we
     believe to be representation of interest.

(b)  Due to the loss recorded in 2001, the ratio coverage was less than 1:1. The
     Company would have needed to generate additional earnings of $25 million to
     achieve a coverage of 1:1 in 2001.

(c)  Due to the loss recorded in 2000, the ratio coverage was less than 1:1. The
     Company would have needed to generate additional earnings of $3.5 million
     to achieve a coverage of 1:1 in 2000.
Exhibit 99.1

Statement of Chief Financial Officer

Pursuant to Section 1350 of Title 18 of the United States Code

 

Pursuant to Section 1350 of Title 18 of the United States Code, I, Dale G. Rettinger, the Chief Financial Officer of PDC 1997-D Limited Partnership, hereby certify that: 

- I have reviewed the Annual Report on Form 10-K of the Company (the "Report") to which this statement is an Exhibit;
- the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
- the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

_/s/ Dale G. Rettinger                       

Name: Dale G. Rettinger

Title: Chief Financial Officer

Date: __March 18, 2003_________
EXHIBIT 10.38


                      NORTH ATLANTIC TRADING COMPANY, INC.
                           1998 MANAGEMENT BONUS PLAN


 .    The 1998 Management Bonus Plan (the "Management Plan") is based on (1) the
     Company achieving its budgeted EBITDA, determined on a consolidated basis
     in accordance with the Company's 1998 budget, and (2) each participant's
     individual performance level during 1998. The participants in the
     Management Plan are Ronald Beasley, Steve Dickman, Jim Hinely, Chris
     Kounnas, Jay Martin, Alan Minsterketter, Ray Orlandi, Cliff Ray and John
     Todd.

 .    In the event the Company's EBITDA for 1998 equals or exceeds budgeted
     EBITDA, each participant in the Management Plan shall be eligible to be
     considered for a bonus in an amount up to twenty-five percent (25%) of such
     participant's base salary, with the amount of each bonus being based on
     such participant's level of performance for 1998. Each participant's level
     of performance shall be evaluated based on performance criteria established
     between such participant and his supervisor.

 .    In the event the Company's EBITDA for 1998 is less than budgeted EBITDA,
     the Executive Committee, acting with the advice of the Compensation
     Committee, shall have the right to make discretionary bonus payments to one
     or more of the participants in the Management Plan.

 .    Participants in the Management Plan shall not have the right to participate
     in any other bonus plan established by the Company for the 1998 fiscal
     year.
#### George A. MEIER, III, Employee/Appellant, v. CASSENS TRANSPORT CO., Employer/Respondent.

No. 65951.

Missouri Court of Appeals, Eastern District, Division Five.

Jan. 3, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Feb. 15, 1995.

Fred Roth, Mark C. Kodner, Clayton, for appellant.

Richard J. Fitzgerald, St. Louis, for respondent.

Before GRIMM, C.J., and SMITH and CARL R. GAERTNER, JJ.

PER CURIAM.

Employee appeals the denial of his workers’ compensation claim. He alleges the Commission erred in finding that his injury was not work related.

No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

The judgment is affirmed in accordance with Rule 84.16(b).
[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Notices]
[Pages 35249-35250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17099]


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

DEPARTMENT OF THE INTERIOR
Bureau of Reclamation


Information Collection Submitted to the Office of Management and 
Budget for Review under the Paperwork Reduction Act

    The proposal for the revised collection of information listed below 
has been submitted to the Office of Management and Budget for review 
under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). 
Copies of the information collection and the supporting documentation 
may be obtained by contacting Reclamation's Clearance Officer at the 
telephone number listed below. Comments on this information collection 
should be made within 30 days directly to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Attention: Desk 
Officer for the Bureau of Reclamation, Paperwork Reduction Project 
(1006-0006), Washington DC 20503, Telephone (202) 395-7340.
    Title: Certification and Reporting Summary Forms for Acreage 
Limitation, 43 CFR Part 426.
    Abstract: These forms are to be used by water district offices to 
summarize individual landholder certification and reporting forms as 
required by the Reclamation Reform Act of 1982 (Title II of Pub. L. 97-
293) and 43 CFR Part 426, Rules and Regulations for Projects Governed 
by Federal Reclamation Law. This information allows Reclamation to

[[Page 35250]]

establish water users' compliance with Reclamation law.
    Bureau Form Numbers: 7-21SUMM-R and 7-21SUMM-C.
    OMB Approval Number: 1006-0006.
    Reclamation will display a valid OMB control number on either the 
forms or the instructions associated with the forms. Persons who are 
required to respond to the information collection need not respond 
unless the OMB control number is current.
    Frequency: Annually.
    Description of Respondents: Contracting organizations for 
Reclamation project irrigation water.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 40 hours per response.
    Estimated Number of Respondents: 303.
    Estimated Number of Responses per Respondent: 1.25.
    Estimated Annual Responses: 379.
    Estimated Total Annual burden on Respondents: 15,160 hours.
    Reclamation's Clearance Officer: Marilyn Rehfeld (303) 236-0305 
extension 459.
    All comments received on this information collection request in 
Federal Register notice 61 FR 9485, Mar. 8, 1996, have been summarized 
and included in the request for OMB approval.

    Dated: June 28, 1996.
J. Austin Burke,
Director, Program Analysis Office.
[FR Doc. 96-17099 Filed 7-3-96; 8:45 am]
BILLING CODE 4310-94-M
#### STATE of Missouri, Respondent, v. Rodney PARKER, Appellant.

No. 65777.

Missouri Court of Appeals, Eastern District, Division One.

Feb. 7, 1995.

Ellen H. Flottman, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Millie Aulbur, Asst. Atty. Gen., Jefferson City, for respondent.

Before REINHARD, P.J., and GARY M. GAERTNER and CRAHAN, JJ.

*ORDER*

PER CURIAM.

Rodney Parker (“Defendant”) was convicted by a jury of first degree assault, § 565.050 RSMo 1986, and armed criminal action, § 571.015 RSMo 1986. Defendant was sentenced to consecutive terms of ten years and three years, respectively. In his appeal, Defendant contends that the tidal court erred in sustaining the prosecution’s hearsay objection to testimony offered by two witnesses for the defense. We disagree. An opinion reciting the detailed facts and restating the principles of law would have no precedential value. The parties have been furnished with a memorandum opinion for their information only, setting forth the reasons for this order. The judgment is affirmed in accordance with Rule 30.25(b).
Amendment No. 3 to the Cleveland-Cliffs Inc 2007 Incentive Equity Plan



 Exhibit 10(fff) 
 THIRD AMENDMENT 
 TO 
 CLEVELAND-CLIFFS INC 2007 INCENTIVE EQUITY PLAN 
 THIS THIRD AMENDMENT is
made this 12th day of January, 2009, by Cliffs Natural Resources Inc. (the “Company”). 
 WITNESSETH: 
 WHEREAS, the Company, with the approval of the Company’s Board of Directors on March 13, 2007 and the approval of the Company’s
shareholders on July 27, 2007, established the Cleveland-Cliffs Inc 2007 Incentive Equity Plan (the “Plan”) effective as of March 13, 2007; and 
 WHEREAS, it is the desire of the Company to amend such Plan in order to require that Plan participants’ tax withholding requirements relating to any grants under the Plan be automatically satisfied out of the
grants; and 
 WHEREAS, the Board of Directors of the Company (the “Board”) has the power to amend the Plan pursuant to Article 14
of the Plan; 
 NOW, THEREFORE, effective as of January 13, 2009 with respect to all future grants under the Plan, the Board hereby
amends the Plan as follows: 
 (1) Section 16.3 “Withholding” is hereby deleted in its entirety and the following new
Section 16.3 will be substituted in lieu thereof to read as follows: 
 “16.3 Withholding. The Company shall withhold the
minimum amount of taxes which it determines it is required by law or required by the terms of this Plan to withhold in connection with any recognition of income incident to this Plan payable in cash or Shares to a Participant or beneficiary. In the
event of a taxable event occurring with regard to Shares on or after the date that the Shares become nonforfeitable, the Company shall reduce the fewest number of such Shares owed to the Participant or beneficiary for the Fair Market Value of such









 
Shares to equal (or exceed by not more than the Fair Market Value of a single Share) the Participant’s or other person’s “Minimum Withholding
Tax Liability” resulting from such recognition of income. The Company shall pay cash equal to such Fair Market Value to the appropriate taxing authority for purposes of satisfying such withholding responsibility. If a distribution or other
event does not result in any withholding tax liability as a result of the Participant’s election to be taxed at an earlier date or for any other reason, the Company shall not reduce the Shares owed to the Participant or beneficiary. For
purposes of this Section 16.3, a person’s “Minimum Withholding Tax Liability” is the product of: (a) the aggregate minimum applicable federal and applicable state and local income withholding tax rates on the date of a
recognition of income incident to the Plan; and (b) the Fair Market Value of the Shares recognized as income to the Participant or other person determined as of the date of recognition of income, or other taxable amount under applicable
statutes.” 
 IN WITNESS WHEREOF, a duly authorized officer of the Company, pursuant to the authorization of the Board of Directors of
the Company, has caused this Third Amendment to be executed this 12 day of January, 2009. 
  

			
	CLIFFS NATURAL RESOURCES INC.
		
	By:	 	/s/ William A. Brake


  

 2
1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

Phillip and Marlene Davis,

Plaintiffs,

v. CASE NO. 09-10228

Countrywide Financial Corp., et al., HONORABLE SEAN F. COX

Defendants.

_____________________________________/

JUDGMENT

For the reasons set forth in an Opinion & Order issued this date,

IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiffs’ Complaint is DISMISSED

WITH PREJUDICE.

DAVID J. WEAVER, CLERK OF COURT

 By: s/ J. Hernandez 

 Deputy Clerk

Dated: September 9, 2009

Approved as to form:

s/ Sean F. Cox 

U. S. District Judge

2:09-cv-10228-SFC-MKM Doc # 20 Filed 09/09/09 Pg 1 of 1 Pg ID 251
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3735 Referred in Senate (RFS)]

  2d Session
                                H. R. 3735

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1996

     Read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT

 
    To amend the Foreign Assistance Act of 1961 to reauthorize the 
  Development Fund for Africa under chapter 10 of part I of that Act.

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

SECTION 1. REAUTHORIZATION OF DEVELOPMENT FUND FOR AFRICA.

    Section 497 of the Foreign Assistance Act of 1961 (22 U.S.C. 2294) 
is amended--
            (1) by inserting after the section heading the following:
    ``(a) In General.--There are authorized to be appropriated to carry 
out this chapter, in addition to amounts otherwise available for such 
purposes, $704,000,000 for each of the fiscal years 1997, 1998, and 
1999.''; and
            (2) by striking ``Funds appropriated'' and inserting the 
        following:
    ``(b) Availability.--Funds appropriated''.

            Passed the House of Representatives July 29, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

                              By Linda Nave,

                                                          Deputy Clerk.
```