alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.36

[Koppers Industries, Inc. Letterhead] 

 

August 18, 2000 

 

Dr. David Whittle 

Vice President, Koppers Europe 

KOPPERS UK LIMITED 

Meridian House 

Normanby Road 

Scunthorpe 

North Lincolnshire DN15 8QX 

UNITED KINGDOM 

 

Dear David: 

 

This letter is to confirm our recent conversation regarding your compensation,management incentive participation, and general terms of employment as vice president and general manager of Koppers Europe. 

 

Effective August 1, 2000 your annual base salary will be increased to f131,000 pounds sterling. Your performance will be reviewed on an annual basis andfuture salary adjustments will be reviewed each April 1 commencing April 1, 2001. 

 

For the 2000 program, we will establish an incentive plan for you based on Koppers Europe’s EBIT performance as measured against the EBIT program of $3.1 million (U.S.) for the period June 1, 2000 through December 31,2000. In order to earn an incentive payment under this plan, actual EBIT performance must exceed the programmed EBIT. At 110% of EBIT program, your incentive earnings will equal 10% of your salary, at 120% of EBIT program, your incentive earningswill equal 20% of your salary, and at 130% or higher of EBIT performance your incentive earnings will equal 30% of your annual salary. For 2001, an incentive plan will be implemented based on a percentage of EBIT in excess of a charge for capitalemployed in the division. 

 

In addition to these changes incompensation, if the company should ever terminate your employment for any reason other than gross misconduct, you shall be given twelve (12) months notice of termination or, at the company’s option, pay in lieu of notice. 

 

In exchange for the terms of employment outlined in this letter, you agree toan immediate termination of the service agreement you entered into with Bitmac Limited on March 31, 1989 as amended on September 14, 1999 and also agree to withdraw your letter of resignation dated September 14, 1999 indicating your desire to resignyour position on March 31, 2004. 

 

Dr. David Whittle 

Incentive Compensation 

August 18, 2000 

Page - 2 - 

 

Ihope that this covers all of the issues we discussed. If you are in agreement with these new terms and conditions of employment, please sign and return a copy of this letter for our file. 

 

I look forward to working with you as you build a successful Koppers Europe. 

 

Sincerely, 

 

/s/ Walter W. Turner

Walter W. Turner

 

T/k 

 
     
Accepted:
 
/s/ Dr. David Whittle
 
Date: 6/9/00
    
Dr. David Whittle
#### In the Matter of the Judicial Settlement of the Account of Arline A. Perry (Otherwise Arline P. Moffat), as Executrix, etc., of Ann Marchant Stacey, *888Deceased.

Motion to resettle Order denied, with costs. Present — Hirschherg, P. J., Jenks, Gaynor, Rich and Miller, JJ.
Fourth Court of Appeals

San Antonio, Texas

November 17, 2022

No. 04-22-00333-CR

Steven James ELSIK,

Appellant

v.

The STATE of Texas,

Appellee

From the 156th Judicial District Court, McMullen County, Texas

Trial Court No. M-21-0009-CR-B

Honorable Starr Boldrick Bauer, Judge Presiding

O R D E R

Appellant’s co-counsel, Danice Obregon, moved to withdraw as appellate co-counsel. 

We GRANT co-counsel Obregon’s motion. See TEX. R. APP. P. 6.5. Eric Flores remains as lead 

appellate counsel for appellant.

It is so ORDERED on November 17, 2022.

PER CURIAM

ATTESTED TO: _______________________

 MICHAEL A. CRUZ, 

 CLERK OF COURT
Exhibit 32.1

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

In connection with this Amendment No.1 to the Annual Report of Banco Totta &
Acores, S.A. (the "Company") on Form 20-F for the fiscal year ended 2002 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Antonio Mota de Sousa Horta Osorio, Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to Section
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.


                                       By: /s/ Antonio Horta Osorio
                                           -------------------------------------
                                       Name:  Antonio Mota de Sousa Horta Osorio
                                       Title: Chief Executive Officer
                                       Date:  July 21, 2003

A signed original of this written statement required by Section 906 has been
provided to and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.


                                       23
<PAGE>

Exhibit (11) - Statement Re: Computation of Earnings Per Share and
               Pro Forma Earnings Per Share

<TABLE>
<CAPTION>
Year Ended September 30                                 2001             2000             1999
                                                        ----             ----             ----
<S>                                                  <C>             <C>              <C>
Net income (loss)                                    $12,876,000     $(5,906,000)     $(10,582,000)
Less: dividends on redeemable preferred stock                  -         (29,000)         (805,000)
                                                    -----------------------------------------------
Income (loss) applicable to common shares            $12,876,000     $(5,935,000)     $(11,387,000)
                                                    ===============================================


Average number of shares outstanding:
Basic                                                 12,748,677      12,183,022         8,976,640
Effect of dilutive stock options                         212,830               -                 -
                                                    -----------------------------------------------
Diluted                                               12,961,507      12,183,022         8,976,640
                                                    ===============================================


Net income (loss) per share:
Basic                                                $      1.01     $     (0.49)     $      (1.27)
                                                    ===============================================
Diluted                                              $      0.99     $     (0.49)     $      (1.27)
                                                    ===============================================
</TABLE>
Exhibit 23.2










Consent of Independent Registered Public Accounting Firm







We consent to the incorporation by reference in the Registration Statement (Form S-8) pertaining to the Telular Corporation First Amended and Restated 2008 Employee Stock Incentive Plan and the Telular Corporation Second Amended and Restated Non-Employee Director Stock Incentive Plan of our report dated December 10, 2008, with respect to the consolidated financial statements and schedule of Telular Corporation included in its Annual Report (Form 10-K) for the year ended September 30, 2009, and the effectiveness of internal control over financial reporting of Telular Corporation filed with the Securities and Exchange Commission.




ERNST & YOUNG LLP




Chicago, Illinois


December 14, 2010
Exhibit
32.2





Certification
of Chief Financial Officer


Pursuant
to 18 U.S.C Section 1350,


As
Adopted Pursuant to Section 906 of the


Sarbanes-Oxley
Act of 2002





Not Filed
Pursuant to the Securities Exchange Act of 1934








In
connection with the Quarterly Report of Princeton Security Technologies, Inc
(the “Company”) on Form 10Q for the period ending June 30, 2009, as filed with
the Securities and Exchange Commission on the date hereof )the “Report”), I,
Juhani Taskinen, Chief Financial Officer, and Secretary/Treasurer 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:





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.











Dated:
August 17, 2009







/s/  Juhani
Taskinen


Name:
Juhani Taskinen





Title:  Chief
Financial Officer
FOURTH AMENDED AND RESTATED BY-LAWS
OF
BEAZER HOMES USA, INC.
 ARTICLE I
STOCKHOLDERS
 SECTION 1. Annual Meetings
     SECTION 2. Special Meetings




---



##### 



SECTION 3. Quorums
 SECTION 4. Organization
 SECTION 5. Voting; Proxies; Required Vote
  2




---



##### 



SECTION 6. Inspector of Election
 SECTION 7. Notice of Stockholder Business
  3




---



##### 



4




---



##### 



5




---



##### 



SECTION 8. Stockholder Request For Action By Written Consent
 ARTICLE II
BOARD OF DIRECTORS
 SECTION 1. General Powers
 SECTION 2. Qualification; Number; Term; Remuneration
  6




---



##### 



SECTION 3. Quorum and Manner of Voting
 SECTION 4. Places of Meetings
 SECTION 5. Annual Meeting
 SECTION 6. Regular Meetings
 SECTION 7. Special Meetings
 SECTION 8. Notice of Meetings
 SECTION 9. Organization
 SECTION 10. Resignation
 7




---



##### 



SECTION 11. Vacancies
 SECTION 12. Action by Written Consent
 SECTION 13. Electronic Communication
 SECTION 14. Nomination of Directors
    8




---



##### 



9




---



##### 



ARTICLE III
COMMITTEES
 SECTION 1. Appointment
 SECTION 2. Procedures; Quorum and Manner of Acting
 SECTION 3. Action by Written Consent
 SECTION 4. Electronic Communication
 SECTION 5. Termination
 ARTICLE IV
OFFICERS
 SECTION 1. Election and Qualifications
 SECTION 2. Term of Office and Remuneration
 10




---



##### 



SECTION 3. Resignation; Removal
 SECTION 4. Powers and Duties of Officers
      11




---



##### 



ARTICLE V
CONTRACTS, ETC.
 SECTION 1. Contracts
 SECTION 2. Proxies; Powers of Attorney; Other Instruments
   ARTICLE VI
BOOKS AND RECORDS
 SECTION 1. Location
 SECTION 2. Addresses of Stockholders
 SECTION 3. Fixing Date for Determination of Stockholders of Record
  12




---



##### 



ARTICLE VII
CERTIFICATES REPRESENTING STOCK
 SECTION 1. Certificates; Signatures
 13




---



##### 



SECTION 2. Transfers of Stock
 SECTION 3. Fractional Shares
 SECTION 4. Lost, Stolen or Destroyed Certificates
 ARTICLE VIII
DIVIDENDS
  ARTICLE IX
RATIFICATION
  14




---



##### 



ARTICLE X
CORPORATE SEAL
  ARTICLE XI
FISCAL YEAR
  ARTICLE XII
WAIVER OF NOTICE
  ARTICLE XIII
AMENDMENTS
  ARTICLE XIV
INDEMNIFICATION
 SECTION 1. Power to Indemnify in Action, Suits or Proceedings
 15




---



##### 



SECTION 2. Expenses Payable In Advance
 SECTION 3. Indemnification and Advancement of Expenses to Certain Other Persons
 SECTION 4. Exclusion of Claims Against the Corporation
 SECTION 5. Indemnification By A Court
 16




---



##### 



provided however
 SECTION 6. Certain Definitions
 SECTION 7. Non-Exclusivity and Survival of Indemnification
 SECTION 8. Contractual Rights
 17




---



##### 



SECTION 9. Insurance
 18
<PAGE>

                                                                 Exhibit (99)(b)

                    CERTIFICATION OF CEO AND CFO 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 Quarterly Report on Form 10-Q of Consumers Energy Company
(the "Company") for the quarterly period ended March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Kenneth
Whipple, as Chairman of the Board and Chief Executive Officer of the Company,
and Thomas J. Webb, as Executive Vice President and Chief Financial Officer of
the Company, each hereby certifies, 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 his 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.

/s/ Kenneth Whipple
--------------------------------
Name:  Kenneth Whipple
Title: Chairman of the Board and
       Chief Executive Officer
Date:  May 12, 2003

/s/ Thomas J. Webb
-----------------------------------
Name:  Thomas J. Webb
Title: Executive Vice President and
       Chief Financial Officer
Date:  May 12, 2003

This certification accompanies the Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities and Exchange Act of 1934, as amended.
Exhibit 32.2


SECTION 906 CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND


CHIEF FINANCIAL OFFICER OF


BOISE INC. AND BZ INTERMEDIATE HOLDINGS LLC


We are providing this Certificate pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C., Section 1350. It accompanies Amendment No. 1 to the Quarterly Report on Form 10-Q of Boise Inc. and BZ Intermediate Holdings LLC for the quarter ended June 30, 2011 (the Report).


_______________________________________


I, Alexander Toeldte, chief executive officer of Boise Inc. and BZ Intermediate Holdings LLC, certify that the Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)).


/s/    ALEXANDER TOELDTE/s/    ALEXANDER TOELDTEAlexander ToeldteAlexander ToeldteChief Executive OfficerChief Executive OfficerBoise Inc.BZ Intermediate Holdings LLC


I, Samuel K. Cotterell, chief financial officer of Boise Inc. and BZ Intermediate Holdings LLC, certify that the Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)).


/s/    SAMUEL K. COTTERELL/s/    SAMUEL K. COTTERELLSamuel K. CotterellSamuel K. CotterellChief Financial OfficerChief Financial OfficerBoise Inc.BZ Intermediate Holdings LLC


Date:  October 24, 2011





A signed original of this written statement required by Section 906 will be retained by Boise Inc. and BZ Intermediate Holdings LLC and furnished to the Securities and Exchange Commission or its staff upon request.
#### Henry Taylor, Respondent, v. Edward P. Bates, Appellant.

Judgment affirmed, with costs. All concurred.
```

[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Notices]
[Page 47164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18741]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8703-6]

Notice of Correction to Notice of Data Availability; Information 
Concerning the Destruction of Ozone-Depleting Substances in the United 
States

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Correction.

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

SUMMARY: On July 17, 2008, the Environmental Protection Agency (EPA) 
published a notice of data availability (NODA) in the Federal Register 
(73 FR 41076) regarding information concerning the destruction of 
ozone-depleting substances (ODSs) in the United States, which 
inadvertently printed an incorrect docket identification number. This 
document corrects the error made in the identification of the docket. 
The correct docket identification number is EPA-HQ-OAR-2006-1030.

DATES: EPA will accept comments on the report through September 15, 
2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-1030, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     E-mail: [email protected].
     Fax comments to (202) 566-9744.
     Mail: Submit comments to U.S. EPA Docket Center, EPA West 
Room 3334, MC 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 
20460, and Phone: (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Kirsten Cappel, Office of Atmospheric 
Programs, Stratospheric Protection Division, Mail Code 6205 J, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460; telephone number: (202) 343-9556; fax number: 
(202) 343-2338; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: On July 17, 2008, EPA published a NODA in 
the Federal Register (73 FR 41076) which contained an error in the 
docket identification number. The correct docket for submitting 
comments on the NODA concerning the destruction of ozone-depleting 
substances in the United States is EPA-HQ-OAR-2006-1030. The report 
that the Agency is seeking comment on can be found in the docket and on 
the Stratospheric Ozone Protection Program Web site at http://www.epa.gov/ozone/title6/destruction.html.

    Dated: August 4, 2008.
Brian McLean,
Director, Office of Atmospheric Programs, Office of Air and Radiation.
[FR Doc. E8-18741 Filed 8-12-08; 8:45 am]
BILLING CODE 6560-50-P
```
[Federal Register Volume 73, Number 22 (Friday, February 1, 2008)]
[Notices]
[Page 6132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1855]



[[Page 6132]]

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

DEPARTMENT OF DEFENSE

Department of the Army

[Docket No. USA-2007-0014]


Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

DATES: Consideration will be given to all comments received by March 3, 
2008.
    Title and OMB Number: Assessing Human Response to Military Impulse 
Noise; OMB Control Number 0710-TBD.
    Type of Request: New.
    Number of Respondents: 2,975.
    Responses per Respondent: 1.
    Annual Responses: 2,975.
    Average Burden per Response: 1.349 hours average.
    Annual Burden Hours: 4,013.
    Needs and Uses: This information collection requirement is 
necessary to obtain information on the relationship between community 
annoyance and complaints, related to impulsive noise from military 
installations. The information will provide the necessary tools and 
guidance for military installations to effectively balance the need for 
training operations at military installations with public safety and 
welfare. The information will be gathered over a period of five years.
    Affected Public: Individuals or households.
    Frequency: On occasion.
    Respondent's Obligation: Voluntary.
    OMB Desk Officer: Mr. Jim Laity.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Laity at the Office of Management and 
Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    You may also submit comments, identified by docket number and 
title, by the following method:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    DOD Clearance Officer: Ms. Patricia Toppings.
    Written requests for copies of the information collection proposal 
should be sent to Ms. Toppings at WHS/ESD/Information Management 
Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 
22209-2133.

    Dated: January 25, 2008.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
 [FR Doc. E8-1855 Filed 1-31-08; 8:45 am]
BILLING CODE 5001-06-P
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 1**  **1 -**  **6 202** 

MELVIN CORNNELL DODSON ,
P etitioner

— Appell ant ,

v. WARDEN, DEERFIELD CORRECTIONAL CENTER , Respondent

— Appell ee .
Appeal from the United States District Court for the West ern District of Virginia , at Roanoke

. Jackson L. Kiser , Senior District Judge. ( 7 : 1 0

- c v - 0 0 0 1 9

- jlk

- mfu )

Submitted : May 2 6 , 2011 Decided: June 1, 2011

Before KING , SHEDD, and DIAZ , Circuit Judges.

Dismiss ed by unpublished per curiam opinion

.

Melvin Cornnell Dodson , Appellant Pro Se

. Kathleen Beatty Martin , Senior Assistant Attorney General , Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Melvin Cornnell Dodson seeks to appeal the district

court ’ s order denying as untimely his 28 U.S.C. § 2254 (2006) petition. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties are accorded thirty days after the entry of
the distr ict court’s final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a not ice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell , 551 U.S. 205, 214 (2007).
The district court’s order was entered on the docket

on December 13, 2010. The notice of appeal was filed on

Jan uary 24 , 2011. Because Dodson fa iled to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. W e dispense with oral argument because the facts and legal contentions are adequa tely presented
in the materials before the court and argument would not aid the decisional process.

DISMISSE D