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









Exhibit 10.1




[FRANKLIN CREDIT MANAGEMENT CORPORATION LETTERHEAD]




December ___, 2008



[Name of employee]

[Address]




          Re:      Employment Agreement




Dear [name of employee]:




          As we’ve discussed, Franklin Credit Management Corporation (“FCMC”) has proposed to
engage in a series of transactions in which FCMC will, among other things, adopt a holding company
structure (the “Reorganization”). In the Reorganization, FCMC will become a wholly-owned
subsidiary of Franklin Credit Holding Corporation (“Franklin Holding”).




          In the Reorganization, each share of common stock of FCMC issued and outstanding immediately
prior to the Reorganization will be converted into a share of common stock of Franklin Holding,
having the same designations, rights, powers and preferences, and qualifications, limitations and
restrictions as FCMC’s common stock immediately prior to the Reorganization. Additionally, the
directors and officers of Franklin Holding will be the same individuals as were directors and
officers of FCMC immediately prior to the Reorganization.




          Furthermore, any options to purchase common stock of FCMC and any shares of restricted stock
of FCMC held by you immediately prior to the Reorganization will be converted in the Reorganization
into options and/or shares of restricted stock of Franklin Holding, as applicable.




          Accordingly, and for the avoidance of doubt, we would like to memorialize our mutual
understanding that the Reorganization will not be deemed a “Change in Control” as defined in
Section 1 of the Employment Agreement, by and between you and FCMC, dated as of                      ___, 200_.




          Please acknowledge the foregoing by signing where indicated below and returning the signed
copy to Kevin Gildea, Chief Legal Officer, c/o Franklin Credit Management Corporation, 101 Hudson
Street, Jersey City, NJ 07302.




	 	 	 	 	 
	 	Sincerely,



FRANKLIN CREDIT MANAGEMENT CORPORATION

 	 
	 	By:  	 	 
	 	 	Name:  	 	 
	 	 	Title:  	 	 
	 



ACKNOWLEDGED AND AGREED:




                                                                                

[Name of employee]
041029-F-JZ508-911.JPG
            JAMES W. SALTER JR.Mr. James W. Salter Jr., a member of the Senior Executive Service, is Assistant Auditor General, Support and Personnel Audits, Air Force Audit Agency, Joint Base San Antonio (Randolph), Texas. He is responsible for the planning, execution and reporting of Air Force-wide audits addressing air and space operations, engineering and the environment, personnel and training, and health care and services. 
Mr. Salter enlisted and served in the U.S. Army as a personnel specialist from 1969 to 1972. After graduating from the University of West Florida in 1976, he joined the Air Force Audit Agency and has served at locations in Spain and throughout the United States. He has held numerous positions of increased responsibility within the agency, to include audit manager and region chief. Mr. Salter participated in the Defense Leadership and Management Program until becoming a member of the Senior Executive Service in 2004.**EDUCATION**
1976 Bachelor of Science degree in accounting, University of West Florida
1980 Master of Public Administration degree, Troy State University
1984 Professional Military Comptrollers School
2000 Leadership for a Democratic Society, Federal Executive Institute**CAREER CHRONOLOGY**
1. 1976 - 1980, auditor, Air Force Audit Agency, Eglin AFB, Fla., and Torrejon Air Base, Spain
2. 1980 - 1982, Office Chief, AFAA, Tyndall AFB, Fla.
3. 1982 - 1985, staff auditor, AFAA, Norton AFB, Calif.
4. 1985 - 1990, Office Chief, AFAA, Patrick AFB, Fla.
5. 1990 - 1992, Auditor Manager, AFAA, Wright-Patterson AFB, Ohio
6. 1992 - 1997, Office Chief, AFAA, Robins AFB, Ga.
7. 1997 - 2004, Region Chief, AFAA, Langley AFB, Va.
8. 2004 - present, Assistant Auditor General, Support and Personnel Audits, AFAA, Joint Base San Antonio (Randolph), Texas**PROFESSIONAL MEMBERSHIPS AND ASSOCIATIONS**
American Society of Military Comptrollers**PROFESSIONAL CERTIFICATIONS**
Government Financial Manager
(Current as of June 2011)
OFFICE OFTHEATTORNEYGENERALOFTEXAS **AUSTIN** January 20, 1939

Hon. R. 2. Bsaslsy CountyAuditor, Collin County MOfiMey , Texa

8 Dear sirl Opinion No, O-187 Prorationof
YOUr letter Or January 13, ney Gsaaral*sDepartment attentionand reply;

I am desirous or of handlingthe same. of the Pea00 of er 0r oasea red, and partialpayments of the In these oases the ustioe of the Peaoe, wn and in one oase the deice of the Peace is of the ure would be to clear the rlgure out the proportion lln County, to the Constable, and to the OountyAttorney and tor on this basis after he. d ror each proportional amount. gard to this
nswered in opinion the Bon. W. P. Sexton, CountyAttorney of Orange,Texas, A oopy of this opinion is enclosed herewithwith the sectionmarked that answers your question. Yours very truly ATTORNEYGXKBRAL OF TBXiI..~. BY PC'.

C. Xaartin Assistant
#### STATE of Louisiana v. Leroy DAVIS.

No. 2010-KO-2400.

Supreme Court of Louisiana.

Feb. 25, 2011.

In re Davis, Leroy; —Defendant; Applying For Writ of Certiorari and/or Review, Parish of Tensas, 6th Judicial District Court Div. B, No. 76,643; to the Court of Appeal, Second Circuit, No. 45,-556-KA.

Denied.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                                <C>
<PERIOD-TYPE>                      3-MOS
<FISCAL-YEAR-END>                                  DEC-31-1999
<PERIOD-END>                                       MAR-31-1999
<CASH>                                                  29,931
<SECURITIES>                                                 0
<RECEIVABLES>                                           32,197
<ALLOWANCES>                                               789
<INVENTORY>                                            147,801
<CURRENT-ASSETS>                                       218,368
<PP&E>                                                 170,742
<DEPRECIATION>                                          43,023
<TOTAL-ASSETS>                                         351,701
<CURRENT-LIABILITIES>                                   50,753
<BONDS>                                                100,000
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                                  0
<COMMON>                                                17,689
<OTHER-SE>                                             194,294
<TOTAL-LIABILITY-AND-EQUITY>                           351,701
<SALES>                                                 80,335
<TOTAL-REVENUES>                                        80,335
<CGS>                                                   43,390
<TOTAL-COSTS>                                           80,695
<OTHER-EXPENSES>                                             0
<LOSS-PROVISION>                                             0
<INTEREST-EXPENSE>                                       1,567
<INCOME-PRETAX>                                        (1,927)
<INCOME-TAX>                                             (756)
<INCOME-CONTINUING>                                    (1,171)
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                           (1,171)
<EPS-PRIMARY>                                           (0.07)
<EPS-DILUTED>                                           (0.07)
        

</TABLE>
Exhibit 32

                            CERTIFICATION PURSUANT TO
                               18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003

In connection with the Quarterly Report on Form 10-Q for the quarter ended March
31, 2004 (the  "Report") of TF Financial  Corporation  (the  "Company") as filed
with the  Securities  and Exchange  Commission  on the date hereof,  we, Kent C.
Lufkin, President and Chief Executive Officer, and Dennis R. Stewart,  Executive
Vice  President and Chief  Financial  Officer  (Principal  Accounting  Officer),
hereby certify,  pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.906 of
the Sarbanes-Oxley Act of 2003, that:

(1) The Report fully  complies  with the  requirements  of Section  13(a) of the
Securities Exchange Act of 1934; and

(2) The  information  contained in the Report fairly  presents,  in all material
respects, the financial position and results of operations of the Company.





                                      /s/ Kent C. Lufkin
                                      ------------------------------------------
Date: May 14, 2004                    Kent C. Lufkin
                                      President and CEO
                                      (Principal Executive Officer)


                                      /s/ Dennis R. Stewart
                                      ------------------------------------------
Date: May 14, 2004                    Dennis R. Stewart
                                      Executive Vice President and
                                      Chief Financial Officer
                                      (Principal Financial & Accounting Officer)
Filed by sedaredgar.com - Clyvia Inc. - Exhibit 10.23






Loan Agreement

Between

Clyvia Technology GmbH 
Friedrich-List-Allee 10 
D-41844
Wegberg-Wildenrath

- In the following referred to as “Clyvia” -

and

BTec Holding AG 
Rheinweg 1 
CH – 8200 Schaffhausen

- In the following referred to as “BTec” -

Preamble

Clyvia has developed a depolymerization system. In light of the
capital required by Clyvia, the parties enter into the following contract.

1.

BTec shall grant to Clyvia a loan in the amount of EURO
25,000.00 (in words: twenty five thousand EURO). Clyvia hereby acknowledges
receipt.

2.

The loan shall be paid out into the account of Clyvia
Technology GmbH, Wegberg-Wildenrath.

3.

The interest payable on the loan amount shall be 10% p.a. 

Page 1 of 2




4.

The loan may be canceled by giving one months notice at the end
of a month, however, not before end of the 90th calendar day
following the receipt of the full loan amount in the account specified under
item 2.

5.

Clyvia is entitled to pay back the loan amount including
interest at any time into the account of BTec. This does not require
cancellation.

6.

As collateral for the loan, Inventa shall assign to BTec
187,500 (in words: one hundred eighty-seven thousand five hundred) shares of
Clyvia Inc., USA. BTec is entitled to freely sell the shares in whole or in
part, if Inventa does not or does not fully pay back the loan amount plus
interest after the due date; otherwise, BTec is obligated to return them to
Inventa.

7.

This contract shall exclusively be governed by the laws of the
Federal Republic of Germany with the exception of the United Nations Convention
on Contracts for the International Sale of Goods.

8.

Any disputes arising under or in connection with this agreement
shall be conclusively resolved according to the rules of arbitration of the
International Chamber of Commerce (ICC) in the current version at the time of
the arbitration proceeding by one or several arbitrators appointed according to
these rules of arbitration with under preclusion of the due process of law The
court of arbitration may also make a binding decision regarding the validity of
this arbitration process.

The place of arbitration shall be Zurich.

Additionally to the ICC rules and regulations, as well as any
other binding rules the arbitration proceeding shall be governed by German
law.

The parties agree that German shall be the language utilized in
any arbitration proceeding.

Wegberg, October 1, 2008

	 	 	 	 
	Clyvia Technology GmbH 	 	BTec Holding AG 	 
	Dieter Wagels 	 	C. Stampfli Dr. Niederbacher 	 


Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-END>                    SEP-30-1997
<CASH>                               10,306
<INT-BEARING-DEPOSITS>                   20
<FED-FUNDS-SOLD>                        270
<TRADING-ASSETS>                          0
<INVESTMENTS-HELD-FOR-SALE>         113,834
<INVESTMENTS-CARRYING>               60,532
<INVESTMENTS-MARKET>                 60,981
<LOANS>                             239,188
<ALLOWANCE>                           2,533
<TOTAL-ASSETS>                      440,890
<DEPOSITS>                          335,141
<SHORT-TERM>                         43,889
<LIABILITIES-OTHER>                   6,775
<LONG-TERM>                          12,000
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<COMMON>                              8,668
<OTHER-SE>                           34,417
<TOTAL-LIABILITIES-AND-EQUITY>      440,890
<INTEREST-LOAN>                      13,398
<INTEREST-INVEST>                     5,822
<INTEREST-OTHER>                        229
<INTEREST-TOTAL>                     19,449
<INTEREST-DEPOSIT>                    9,591
<INTEREST-EXPENSE>                   10,881
<INTEREST-INCOME-NET>                 8,568
<LOAN-LOSSES>                           771
<SECURITIES-GAINS>                      (4)
<EXPENSE-OTHER>                       6,439
<INCOME-PRETAX>                       2,695
<INCOME-PRE-EXTRAORDINARY>            2,180
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                          2,180
<EPS-PRIMARY>                           .87
<EPS-DILUTED>                           .87
<YIELD-ACTUAL>                         2.52
<LOANS-NON>                           3,313
<LOANS-PAST>                            775
<LOANS-TROUBLED>                         75
<LOANS-PROBLEM>                         551
<ALLOWANCE-OPEN>                      2,001
<CHARGE-OFFS>                           311
<RECOVERIES>                             72
<ALLOWANCE-CLOSE>                     2,533
<ALLOWANCE-DOMESTIC>                    907
<ALLOWANCE-FOREIGN>                       0
<ALLOWANCE-UNALLOCATED>               1,626
        

</TABLE>
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

§

MICHAEL KENNETH BARRON, No. 08

- 18

- 001 78

- CR

§

APPELLANT

, Appeal from the

§

V. County Court at Law No. 1

§

THE STATE OF TEXAS, of El Paso County, Texas

§

APPELLEE

. (TC# 20150C09163 )

§

MEMORANDUM OPINION

Appellant, Michael Kenneth Barron, has filed a motion to dismiss his appeal pursuant to

Rule 42.2. This rule permits an appellate court to dismiss a criminal appeal on the appellant's

moti on at any time before the court’ s decision. T EX .R.A PP .P. 42.2(a). Finding that Appellant's

motion complies with the requirements of Rule 42.2(a), we grant the motion and dismiss the

appeal.

January 11, 2019 YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, and Palafox, JJ.

(Do Not Publish)
#### In re Richard J. GUIDRY.

No. 2011-OB-1005.

Supreme Court of Louisiana.

June 21, 2011.

ORDER

The Office of Disciplinary Counsel (“ODC”) has filed formal charges against respondent alleging that he converted client and third-party funds. Respondent now seeks to permanently resign from the practice of law in lieu of discipline. The ODC has concurred in respondent’s petition.

Having considered the Petition for Permanent Resignation from the Practice of Law filed by Richard J. Guidry, Louisiana Bar Roll number 18927, and the concurrence thereto filed by the ODC,

IT IS ORDERED that the request of Richard J. Guidry for permanent resignation in lieu of discipline be and is hereby granted, pursuant to Supreme Court Rule XIX, § 20.1 and Rule 5.5 of the Rules of Professional Conduct.

IT IS FURTHER ORDERED that Richard J. Guidry shall be permanently prohibited from practicing law in Louisiana or in any other jurisdiction in which he is admitted to the practice of law; shall be permanently prohibited from seeking readmission to the practice of law in this state or in any other jurisdiction in which he is admitted; and shall be permanently prohibited from seeking admission to the practice of law in any jurisdiction.

/s/ Bernette J. Johnson /s/ Justice, Supreme Court of Louisiana
Form of Premium Share Unit Certificate, as amended.



 EXHIBIT 10.80 
  
 PREMIUM SHARE UNIT CERTIFICATE 
 NAVISTAR EXECUTIVE STOCK OWNERSHIP PROGRAM 
 ADOPTED AS OF
FEBRUARY 17, 2004 
  

									
	GRANTEE:	  		  		  		  	
					
	ADDRESS:	  		  		  		  	
					
	SOCIAL SECURITY NUMBER:	  		  		  		  	
		  		  	                       	  	 	  	 
	TOTAL OF PREMIUM SHARE UNITS:	  		  	TRANCHE	  		  	 
	DATE OF GRANT:	  		  	    VESTING	  		  	 
	DATE EARNED:	  		  	 	  	 	  	 
	DATE UNITS VEST:	  	NUMBER OF UNITS VESTED:	  		  		  	

  
  
 This is an award agreement (the “Award Agreement”) between Navistar International Corporation, a Delaware corporation (the “Corporation”), and the
individual named above (the “Employee” or “Grantee”). The Corporation hereby credits to the Grantee’s account, the above-stated number of Premium Share Units, which are issuable as Common Stock of the Corporation in
accordance with the terms and conditions of the Corporation’s 2004 Performance Incentive Plan approved by the shareholders February 17, 2004, as amended from time to time, (the “Plan”). 
 The Premium Share Units awarded hereunder are further subject to the terms and conditions of the Corporation’s Executive Stock Ownership Program, as amended and
restated September 1, 2004, as amended from time to time (the “Program”), a copy of which is attached. Subject to the terms and conditions of the Program and the Plan, including the provisions regarding forfeiture of the shares and
restrictions on transferability, these Premium Share Units will vest on the dates set forth above. Premium Share Units which have been fully vested will convert to the Corporation’s Common Stock and be distributed to the Grantee upon
termination of employment. These Premium Share Units shall have the same rights as Common Stock of the Corporation except the units shall be non-voting. 
 The Corporation and the Grantee hereby agree to the terms and conditions of this Award Agreement and have executed it as of the date set forth above. 
  

							
		 		 	NAVISTAR INTERNATIONAL CORPORATION
				
		 		 	By:	 	  

		 		 		 	James M. Moran
		 		 		 	Vice President & Treasurer
				
	Attest:	 	  
	 		 	  

		 	Curt A. Kramer	 		 	Grantee
		 	Corporate Secretary	 		 	

  

 E-14
#### Alberto FALCON and Gladys Falcon, Appellants, v. KIEWIT SOUTHERN CORPORATION, Appellee.

No. 3D11-2674.

District Court of Appeal of Florida, Third District.

Oct. 3, 2012.

Colson Hicks Eidson Colson Matthews Martinez Gonzalez Kalbac and Kane and Maureen E. Lefebvre and Ervin A. Gonzalez, Coral Gables, for appellants.

Eduardo Cosío and Julie B. Glassman, Coral Gables, for appellee.

Before CORTIÑAS, ROTHENBERG, and FERNANDEZ, JJ.

PER CURIAM.

Affirmed. *See*§ 337.195(2), Fla. Stat. (2007).
#### STATE ex rel. Tyrone WILLIAMS v. STATE of Louisiana.

No. 2011-KH-0336.

Supreme Court of Louisiana.

Dec. 16, 2011.

In re Williams, Tyrone; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 399-049; to the Court of Appeal, Fourth Circuit, No. 2011-K-0017.

Denied.
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                  1,000
       
<S>                           <C>
<PERIOD-TYPE>                 6-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   JUN-30-1997
<CASH>                                                   0
<SECURITIES>                                             0
<RECEIVABLES>                                            0
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                         0
<PP&E>                                                   0
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                           0
<CURRENT-LIABILITIES>                                    0
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 0
<OTHER-SE>                                               0
<TOTAL-LIABILITY-AND-EQUITY>                             0
<SALES>                                                  0
<TOTAL-REVENUES>                                         0
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                          0
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                      0
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                             0
<EPS-PRIMARY>                                            0
<EPS-DILUTED>                                            0
        


</TABLE>
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

In connection with this
Annual Report on Form 10-K of Eclipsys Corporation (the Company) for the period ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Chris E.
Perkins, Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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: February 23, 2010



/s/ Chris E. PerkinsChris E. PerkinsChief Financial Officer
#### ACCREDITED SURETY & CASUALTY, INC., Petitioner, v. CHIEF JUDGE, SIXTH JUDICIAL CIRCUIT OF FLORIDA, Respondent.

No. 2D10-4054.

District Court of Appeal of Florida, Second District.

March 18, 2011.

Terrence E. Kehoe of Law Offices of Terrence E. Kehoe, Orlando; and Peter Antonacci of GrayRobinson, P.A., Tallahassee, for Petitioner.

J. Thomas McGrady, Chief Judge, Sixth Judicial Circuit, Clearwater; and B. Elaine New, Court Counsel, St. Petersburg, for Respondent.

James Marion Moorman, Public Defender, Robert A. Young, General Counsel, and Karen M. Kinney, Assistant Appeals Director, Bartow, for Amicus Curiae Florida Public Defender Association.

H. Beth Lastinger, Associate General Counsel, Pinellas County Sheriffs Office, Largo, for Amicus Curiae Jim Coats, Sheriff of Pinellas County.

*755PER CURIAM.

Because we conclude that the Petitioner lacks standing, the petition for writ of certiorari is dismissed.

WHATLEY, NORTHCUTT, and SILBERMAN, JJ„ Concur.