alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                   EXHIBIT 10.22

                               SECOND AMENDMENT TO
                          EXECUTIVE SEVERANCE AGREEMENT

     THIS SECOND AMENDMENT TO EXECUTIVE SEVERANCE AGREEMENT (the "Amendment") is
made and entered into as of the 21st day of October, 2004, by and between LANCE,
INC., a North Carolina corporation (the "Company"), EARL D. LEAKE (the
"Executive").

                              Statement of Purpose

     The Company and Executive entered into an Executive Severance Agreement
dated November 7, 1997 (the "Executive Severance Agreement"), as subsequently
amended on July 26, 2001. The purpose of this Amendment is to provide for the
funding of a "grantor" trust related to the retirement benefits payable under
the Executive Severance Agreement in certain circumstances following a "Change
in Control."

     NOW, THEREFORE, in consideration of the premises and mutual covenants
contained herein, the parties hereto hereby agree that the Executive Severance
Agreement is amended effective as of the date hereof as follows:

     1. The following Paragraph 4(c) is added to the end of Paragraph 4 of the
Executive Severance Agreement:

          "(c) Funding of Grantor Trust.  Upon the occurrence of a Change in
     Control, in order to provide a source of payment of the benefits payable
     under this Paragraph 4, the Company shall fund an irrevocable "grantor"
     trust maintained pursuant to a trust agreement with an institutional
     trustee selected by the Company. The amount funded by the Company shall
     equal the "current value" of the retirement benefits determined as of the
     date of the Change in Control pursuant to the provisions of Paragraph 4(b)
     above."

     2. Except as expressly or by necessary implication amended hereby, the
Executive Severance Agreement shall remain in full force and effect.

     IN WITNESS WHEREOF, this Amendment has been duly executed by the Company
and Executive as of the day and year first above written.

                                        LANCE, INC.


                                        By /s/ B. Clyde Preslar
                                           -------------------------------------
                                           B. Clyde Preslar
                                           Vice President


                                        "Company"


                                           /s/ Earl D. Leake
                                           -------------------------------------
                                           Earl D. Leake
CEO Bonus Plan



 EXHIBIT 10.76 
  
 HIBERNIA CORPORATION 
 CEO BONUS PLAN * 
  
 Total Bonus Potential

  
 The target cash bonus (“target”) for which the CEO shall be
eligible shall be an amount equal to 75% of his salary. 
  
 70% of the target is
based on quantitative measures and 30% is based on qualitative measures as outlined in this plan. 
  
 The maximum cash bonus that may be paid to the CEO pursuant to this performance bonus plan shall be $1 million. 
  
 Quantitative Portion (70%) 
  
 For 2004, 70% of the target shall be tied by formula to the achievement of Earnings Per Share (EPS) as set forth in the Company’s profit plan for 2004, excluding:

  

	 	1.	unusual and non-recurring merger charges, and 

  

	 	2.	unusual and non-recurring charges or credits that individually exceed $ 1 million (pre-tax) 

  
 provided the Company maintains soundness satisfactory to the Committee, as determined by two measures: 
  

	 	(a)	Reserve coverage of nonperforming loans, and 

  

	 	(b)	Leverage ratio 

  
 The Committee shall make its determination regarding soundness through a comparison of the Company’s coverage and leverage ratios relative to its peer group in the four calendar quarters ended: 
  

	 	•	 	December 31, 2003 

  

	 	•	 	March 31, 2004 

  

	 	•	 	June 30, 2004 

  

	 	•	 	September 30, 2004 

  
 Based upon its assessment of soundness, the Committee may reduce, but it may not increase, the quantitative portion of the CEO’s bonus opportunity. 
  
 The increase in EPS will be measured by comparing basic EPS at year-end 2003 to the 2004 plan basic EPS. [The CEO will be eligible for 40%
of the target for the quantitative portion of the bonus in the event of a 7.2% increase in EPS up to a maximum of 120% of the target for the 

  

 1 








 
quantitative portion of the bonus in the event of a 15% increase with varying incremental increases in between.] 
  
 A minimum increase of 7.2% must be achieved in order for the CEO to receive any award under
this portion of the bonus plan. 
  
 Qualitative Portion (30%)

  
 The remaining 30% of the target shall be determined at the discretion
of the Committee based upon subjective factors such as the CEO’s impact on the Corporation’s franchise value as well as other qualitative factors. The other qualitative factors include integrity, leadership and management of relationships
with key groups, including industry regulators, institutional and other investors, customers, analysts and community leaders. Financial and accounting controls as well as expense management are also considered. Stock price for the year will be
reviewed as a factor in this determination. 
  
 Under the subjective criteria, the
Committee at its discretion may award more or less than the 30% target if the resulting total cash bonus award is within the maximum bonus limit of $1 million. 
  

[*The dates contained in this plan relate to the CEO bonus for 2004. Dates and specific EPS percentage increases (including the minimum increase for an award) will be
adjusted going forward as appropriate. Specific targets have been redacted and the description contained above in brackets has been included.] 
  

 2
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
THIS STATEMENT CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET, STATEMENTS OF INCOME AND CASH FLOW, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH STATEMENTS.
</LEGEND>
<CIK> 0000077231
<NAME> PENNSYLVANIA ENTERPRISES, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               MAR-31-1997
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                  246,218,000
<OTHER-PROPERTY-AND-INVEST>                  9,901,000
<TOTAL-CURRENT-ASSETS>                      67,453,000
<TOTAL-DEFERRED-CHARGES>                    36,791,000
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                             360,363,000
<COMMON>                                    48,157,000
<CAPITAL-SURPLUS-PAID-IN>                   20,770,000
<RETAINED-EARNINGS>                         54,516,000
<TOTAL-COMMON-STOCKHOLDERS-EQ>             123,443,000
<PREFERRED-MANDATORY>                          739,000
<PREFERRED>                                 18,804,000
<LONG-TERM-DEBT-NET>                        85,392,000
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>               29,679,000
<PREFERRED-STOCK-CURRENT>                       80,000
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>             102,226,000
<TOT-CAPITALIZATION-AND-LIAB>              360,363,000
<GROSS-OPERATING-REVENUE>                   89,491,000
<INCOME-TAX-EXPENSE>                         5,599,000
<OTHER-OPERATING-EXPENSES>                  73,665,000
<TOTAL-OPERATING-EXPENSES>                  79,264,000
<OPERATING-INCOME-LOSS>                     10,227,000
<OTHER-INCOME-NET>                             389,000
<INCOME-BEFORE-INTEREST-EXPEN>              10,616,000
<TOTAL-INTEREST-EXPENSE>                     2,211,000
<NET-INCOME>                                 8,405,000
<PREFERRED-STOCK-DIVIDENDS>                    353,000
<EARNINGS-AVAILABLE-FOR-COMM>                8,052,000
<COMMON-STOCK-DIVIDENDS>                     2,793,000
<TOTAL-INTEREST-ON-BONDS>                    4,837,000
<CASH-FLOW-OPERATIONS>                      19,233,000
<EPS-PRIMARY>                                      .84
<EPS-DILUTED>                                      .84
        

</TABLE>
Exhibit
10.473


 


Henry Town Center Shopping Center


 


ASSIGNMENT


 


This Assignment is made as of the 23rd
day of December 2004 by INLAND REAL ESTATE
ACQUISITIONS, INC., an Illinois corporation (“Assignor”) to and for
the benefit of INLAND WESTERN McDONOUGH HENRY TOWN, L.L.C.,
a Delaware limited liability company (“Assignee”).


 


Assignor does hereby sell, assign, transfer, set
over and convey unto Assignee all of its right, title and interest as Buyer
under the terms of an Agreement of Purchase Sale of a Shopping Center, dated as
of July 29, 2004, as amended and entered into by Henry Town Center, LLC, a
Georgia limited liability company, as Seller, and Assignor, as Buyer
(collectively, the “Agreement”) for the sale and purchase of Henry Town Center
shopping center, located in McDonough, GA as legally described within the
Agreement (the “Property”).


 


Assignor represents and warrants that it is the
Buyer under the Agreement, and that it has not sold, assigned, transferred, or
encumbered such interest in any way to any other person or entity. By
acceptance hereof, Assignee accepts the foregoing assignment and agrees, from
and after the date hereof, to (i) perform all of the obligations of Buyer under
the Agreement, and (ii) indemnify, defend, protect and hold Assignor harmless
from and against all claims and liabilities arising under the Agreement.


 


IN WITNESS WHEREOF, Assignor and Assignee have
executed this instrument as of the date first written above.


 


	
   

  	
  ASSIGNOR:

  
	
   

  	
   

  
	
   

  	
  INLAND REAL ESTATE ACQUISITIONS, INC.

  
	
   

  	
  an Illinois corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Jason A. Lazarus

  	
   

  
	
   

  	
  Name:

  	
  Jason A.
  Lazarus

  	
   

  
	
   

  	
  As Its:

  	
  V.P.

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  ASSIGNEE:

  
	
   

  	
   

  
	
   

  	
  INLAND WESTERN McDONOUGH HENRY

  TOWN, L.L.C., a Delaware limited liability

  company

  
	
   

  	
   

  
	
   

  	
  By: Inland Western Retail Real Estate Trust, Inc.,

  
	
   

  	
  a Maryland corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
   

  	
  /s/ [ILLEGIBLE]

  	
   

  
	
   

  	
  Name:

  	
   

  	
  [ILLEGIBLE]

  	
   

  
	
   

  	
  As Its:

  	
   

  	
  [ILLEGIBLE]
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _ Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A2 2 A1 10 5 . DW AYNE COTTON v . THE STATE.

Aft er en t eri n g a g ui l t y p l ea, Dway n e Co t to n fi l ed a m o t i o n fo r an o u t -o f-t i m e ap p eal

. Th e t ri al co urt d en i ed t h e m o t i o n , an d Co t t o n fi l ed t h i s ap p eal

. Th e St at e h as fi led a “ m o t i o n t o d i s m i s s ap p eal ,” wh i ch , in s u b st an ce, req ues t s t h at we v acat e t h e
t ri al co u rt ’ s o rd er an d rem an d wi t h i n s tru ct i on s t o d i s m i s s t h e m o t i o n

. In Co o k v. S t a t e , t h e Su prem e Co u rt d et erm i n ed t h at a t ri al co u rt lack s au t h o ri t y t o gran t an o u t

- o f

- t i m e ap peal

. Co o k v. S t a t e ,

_ __ Ga.

_ __ ,

_ _ _ (5 ) (Cas e No

. S2 1 A1 27 0 , d eci d ed M arch 1 5 , 20 2 2 ). Co t t o n, t herefo re, “ h ad n o ri g h t t o fi l e a m o t i o n fo r an o u t-o f-t i m e ap peal i n t h e t ri al co u rt ; h i s rem ed y , i f an y li es , i n h ab eas co rp u s .” Ru t l ed g e v. S t a t e ,

_

__ G a.

_ _ _ ,

_ _ _ (Cas e No

. S2 1 A1 0 3 6, deci d ed M arch 1 5 , 2 0 2 2 ).
Rat h er t h an d en y i n g Co t t o n ’ s m o t i o n , th e t ri al co urt s ho u ld hav e d i s m is sed i t

. See i d. Acco rd in g ly , t h e St at e’ s m o ti o n i s GRANTED, t h e t ri al co u rt ’ s o rd er d en y i n g t h e

m o ti o n fo r an o u t -o f-t i m e ap peal i s h ereb y VACATED, an d t h i s cas e i s h ereb y REM ANDED t o t h e tri al co u rt , wh ich is D IRECTED to en t er an o rd er d i s m i s s i n g t h e

m o ti o n fo r an o u t -o f-t im e ap p eal

.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia C le r k ’ s O f f i c e , A t la n t a ,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r t if y t h a t th e a b o v e i s a t r u e e x t r a c t f r o m t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d t h e s e a l o

f s a i d c o u r t h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. April 14, 2022

04/14/2022
Exhibit 32


Allegiant Travel Company Certification under Section 906 of the Sarbanes/Oxley Act - filed as an exhibit to Form 10-K/A for the Year Ended December 31, 2017





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 of Allegiant Travel Company (the “Company”) on Form 10-K/A for the period ended December 31, 2017 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, Maurice J. Gallagher, Jr., Chief Executive Officer of the Company, and Scott Sheldon, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of our 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/ Maurice J. Gallagher, Jr./s/ Scott SheldonMaurice J. Gallagher, Jr.Scott SheldonPrincipal Executive OfficerPrincipal Financial OfficerApril 30, 2018April 30, 2018





The foregoing Certification shall not be deemed incorporated by reference by any general statement incorporating by reference this report into any filing under the Securities Act of 1933 or under the Securities Exchange Act of 1934, except to the extent that we specifically incorporate this information by reference, and shall not otherwise be deemed filed under such Acts.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-START>                             OCT-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                       1,496,098
<SECURITIES>                                         0
<RECEIVABLES>                                2,293,633
<ALLOWANCES>                                         0
<INVENTORY>                                 27,703,112
<CURRENT-ASSETS>                            32,622,348
<PP&E>                                       5,313,152
<DEPRECIATION>                               1,360,283
<TOTAL-ASSETS>                              39,370,309
<CURRENT-LIABILITIES>                        6,480,589
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       202,387
<OTHER-SE>                                  25,413,949
<TOTAL-LIABILITY-AND-EQUITY>                39,370,309
<SALES>                                     15,474,748
<TOTAL-REVENUES>                            17,338,991
<CGS>                                       10,353,183
<TOTAL-COSTS>                               15,821,630
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              74,288
<INCOME-PRETAX>                              1,486,033
<INCOME-TAX>                                   579,100
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   906,933
<EPS-PRIMARY>                                      .09
<EPS-DILUTED>                                      .09
        

</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency 

          - [FEMA-1785-DR] 

# AGENCY:

Federal Emergency Management Agency, DHS. 

# ACTION:

Notice. 

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Florida (FEMA-1785-DR), dated August 24, 2008, and related determinations. 

# DATES:

*Effective Date:*                         August 29, 2008.                     

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886. 

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Florida is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of August 24, 2008. 

Calhoun, Duval, Jefferson, Liberty, Putnam, and St. Johns Counties for Public Assistance.

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

R. David Paulison, 

Administrator, Federal Emergency Management Agency.

[FR Doc. E8-20813 Filed 9-8-08; 8:45 am] 

BILLING CODE 9110-10-P
Exhibit 31.2

CERTIFICATION BY CHIEF FINANCIAL OFFICER  PURSUANT TO RULE 13a-14(a) AND 15d-14(a) UNDER THE EXCHANGE ACT

I,
Ronald T. Barnes, certify that:

1.    I
have reviewed this annual report on Form 10-K of Pinnacle Gas Resources, Inc.;

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;

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;

4.    The
registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



5.    The
registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



/s/ RONALD T. BARNES Ronald T. Barnes Senior Vice President, Chief Financial Officer
and Secretary


Date:
April 15, 2009

---



QuickLinks
Exhibit 32
                    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 Quarterly Report of Commercial Property Corporation
(the "Registrant") on Form 10-QSB for the quarter ending January 31, 2005, as
filed with the Securities and Exchange Commission on the date hereof (the
"Quarterly Report"), we, David C. Merrell, President and Kristine M. Rogers,
Secretary/Treasurer of the Registrant, 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 Quarterly 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 Quarterly Report fairly presents,
in all material respects, the financial condition and result of operations of
the Registrant.


Dated: 3/21/2005                          /s/David C. Merrell
      ----------                          -------------------------
                                          David C. Merrell
                                          President and Director


Dated: 3/21/2005                          /s/Kristine M. Rogers
      ----------                          -------------------------
                                          Kristine M. Rogers
                                          Secretary and Treasurer