alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.II.B







Exhibit 10. (ii) (B)




AMENDMENT TO STERLING BANCORP KEY EXECUTIVE INCENTIVE BONUS PLAN




     THIS AMENDMENT (the “Amendment”) is made by Sterling Bancorp (the “Company” )
to be effective as of December 29, 2008.



     WHEREAS, the Company maintains the Key Incentive Bonus (the “Plan”) for the benefit of
certain participants (“Participants”);



     WHEREAS, the Company desires to amend certain provisions of the Plan in order to comply with
or be exempt from Section 409A of the Internal Revenue Code of 1986, as amended (“Section
409A”); and



     WHEREAS, the Committee of the Company has reserved the right to amend or modify the Plan.



     NOW, THEREFORE, the Plan is hereby amended as follows:




	1.	 	The following shall be added at the end of Paragraph VI:
	 
	 	 	“Bonus Awards shall be paid by March 15 of the calendar year following the year in which the
Performance Period closes (or such later date as permitted by applicable tax rules), after the
determination of the amount thereof by the Committee.”
	 
	2.	 	The following paragraph shall be added as the new Article XX of the Plan:
	 
	 	 	“XX. Section 409A of the Internal Revenue Code:
	 
	 	 	It is the Company’s intent that the Plan comply with or be exempt from the requirements of
Section 409A and that the Plan be administered and interpreted accordingly. If and to the
extent that any payment or benefit under the Plan is determined by the Company to constitute
“non-qualified deferred compensation” subject to Section 409A and is payable to a Participant
by reason of the Participant’s termination of employment, then (a) such payment or benefit
shall be made or provided to the Participant only upon a “separation from service” as defined
for purposes of Section 409A under applicable regulations and (b) if the Participant is a
“specified employee” (within the meaning of Section 409A and as determined by the Company),
such payment or benefit shall be made or provided on the date that is six months and one day
after the date of the Participant’s separation from service (or earlier death). Any amount
not paid in respect of the six month period specified in the preceding sentence will be paid
to the Participant (plus interest at the applicable federal rate as defined in Section 1274(d)
of the Code) in a lump sum on the date that is six months and one day after the Participant’s
separation from service (or earlier death). Each payment made under the Plan shall be deemed
to be a separate payment for purposes of Section 409A. ”




IN WITNESS WHEREOF, the Board has caused this Amendment to the Plan to be duly executed on this
29th day of December, 2008.




	 	 	 	 	 
	STERLING BANCORP	 	 
	 
	 	 	 	 
	By:

	 	  

Dale C. Fredston
	 	 
	 

	 	Senior Vice President, Corporate Secretary
EXHIBIT 32

  Certifications Required by Section 1350 of Title 18 of the United States Code

      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the
undersigned hereby certifies in his or her capacity as an officer of PennFed
Financial Services, Inc. (the "Company") that the Quarterly Report of the
Company on Form 10-Q for the quarterly period ended September 30, 2003 fully
complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934 and that the information contained in such report fairly presents, in
all material respects, the financial condition and results of operations of the
Company as of the dates and for the periods presented in the financial
statements included in such report.


                                      By: /s/ Joseph L. LaMonica
                                          --------------------------------------
                                          Joseph L. LaMonica
                                          President and Chief
                                          Executive Officer

                                          Date: November 14, 2003


                                      By: /s/ Claire M. Chadwick
                                          --------------------------------------
                                          Claire M. Chadwick
                                          Executive Vice President,
                                          Chief Financial Officer and Controller

                                          Date: November 14, 2003


                                       26
**Exhibit 32.1**

 

**CERTIFICATION**

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, Pehong Chen,the Chief Executive Officer of BroadVision, Inc. (the “Company”) and William E.Meyer, the Chief Financial Officer of the Company, hereby certify that, to thebest of their knowledge:

 

**1.            **TheCompany’s Quarterly Report on Form 10-Q for the period ended September 30,2003, and to which this Certification is attached as Exhibit 32.1 (the“Periodic Report”), fully complies with the requirements of section 13(a) orsection 15(d) of the Securities Exchange Act of 1934, and

 

**2.            **Theinformation contained in the Periodic Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

 

IN WITNESS WHEREOF, the undersigned have set their hands hereto as ofthe 14th day of November, 2003.

 

 
|   | /s/ Pehong Chen         |
|--------|-------------------------|
|   | Pehong Chen             |
|   | Chief Executive Officer |
|   |                    |
|   | /s/ William E. Meyer    |
|   | William E. Meyer        |
|   | Chief Financial Officer |

 

----
Micro-Integraiton Corp. and Subsidiaries
         Exhibit 11.1 -- Statement of Computation of Per Share Earnings


                                                            Three months ended
                                                                 June 30
                                                           1996           1995
                                                         -------        -------
                                                               (unaudited)

Average shares outstanding                                 2,392          2,408

Net effect of dilutive stock options
 based on the treasury stock method
 using average market price                                    0              0
                                                         -------        -------

Total                                                      2,392          2,408

                                                         =======        =======
Net (loss) income                                        $  (179)       $  (712)
                                                         =======        =======

Per share amount                                         $ (0.07)       $ (0.30)
                                                         =======        =======


Note: Fully diluted earnings per share equals primary earnings per share.
EXHIBIT 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We have issued our reports dated March  15, 2007 (which report expresses an unqualified opinion and includes an explanatory paragraph relating to the application of Statement of Financial Accounting Standards No. 123(R) and No. 158 as of December  31, 2006) accompanying the consolidated financial statements and related schedule and management’s assessment of the effectiveness of internal control over financial reporting included in the 2006 Annual Report of Journal Register Company on Form 10-K for the year ended December  31, 2006. We hereby consent to the incorporation by reference of said reports in the Registration Statement on Form S-8 (No 333-27555) pertaining to the 1997 Stock Incentive Plan of Journal Register Company.

|  | /s/ Grant Thornton LLP |
|--|------------------------|

Philadelphia, PennsylvaniaMarch  15, 2007

----
EXHIBIT 4.9






Exhibit 4.9




CERTIFICATE OF TRUST




OF WILMINGTON TRUST CAPITAL A




     This Certificate of Trust of Wilmington Trust Capital A is being duly executed and filed by
the undersigned, as trustee, to form a statutory trust under the Delaware Statutory Trust Act
(12 Del. C. Section 3801 et seq.) (the “Act”):



     1. NAME. The name of the statutory trust formed hereby is Wilmington Trust Capital A.



     2. DELAWARE TRUSTEE. The name and business address of the trustee of the Trust in the State
of Delaware are Wells Fargo Delaware Trust Company, 919 North Market Street, Suite 1600,
Wilmington, Delaware 19801, Attention: Corporate Trust Administration.



     3. DULY AUTHORIZED. The Trustee is duly authorized to sign this Certificate of Trust.



     4. EFFECTIVE DATE. This Certificate of Trust shall be effective upon filing.



     IN WITNESS WHEREOF, the undersigned has duly executed this Certificate of Trust in accordance
with Section 3811(a)(1) of the Act.



	 	 	 	 	 	 	 
	 	 	WELLS FARGO DELAWARE TRUST COMPANY, as Delaware
Trustee	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Amy L. Martin	 	 
	 

	 	 	 	 	 	 
	 

	 	Name:
	 	Amy L. Martin	 	 
	 

	 	Title:
	 	Vice President
Exhibit 11

Interiors, Inc.
Computation of Weighted Average Number of Shares
Outstanding for the nine months ended March 31, 2000

<TABLE>
<CAPTION>
                                                                Class A &
                                                                  Class B     Weighted    Weighted
                                                                   Common        Basic     Diluted
                                                                    (000)        (000)       (000)
                                                                ----------    ---------   ---------
<S>                                                               <C>          <C>         <C>
Total Common Shares Outstanding at June 30, 1999                  32,629
Escrow Shares at June 30, 1999                                       (82)

Class A Common and Class B Common for EPS at June 30, 1999        32,547       32,547      32,547

Additional Common Shares                                           5,091        1,714       1,714

Total Common Shares Outstanding at March 31, 2000                 37,720
Escrow Shares at March 31, 2000                                      (82)

Class A Common and Class B Common for EPS at March 31, 2000       37,638       34,261      34,261
</TABLE>
**EXHIBIT32.1**

 

**Certifications Under Section 906 of the Sarbanes-Oxley Act of 2002**

 

JohnR. Lyon and Howard Sampson hereby certify that:

 

1.               They are the Chief ExecutiveOfficer and Chief Financial Officer, respectively, of iVOW, Inc.

 

2.               The Form 10-Kof iVOW Inc. that this certification accompanies fully complies with therequirements of section 13(a) of the Securities Exchange Act of 1934.

 

3.               The informationcontained in the Form 10-K of iVOW Inc. that this certification accompaniesfairly presents, in all material respects, the financial condition and resultsof operations of iVOW, Inc.

 

Date: March 31, 2005

 

 
| /s/ John R. Lyon    |   |
|---------------------|--------|
| **John R. Lyon**    |   |
|                |   |
|                |   |
| /s/ Howard Sampson  |   |
| **Howard  Sampson** |   |

 

----
Exhibit 99.1
 UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 Form 6-K
 REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13a-16 OR 15d-16
UNDER THE SECURITIES EXCHANGE ACT OF 1934
 April 29, 2009
 Commission File Number: 001-15128
 United Microelectronics Corporation
 
  
 
  þ o
 o
 o
 o þ
 n/a
 SIGNATURES
  United Microelectronics CorporationDate: 04/29/2009
    By:
    Chitung LiuName:
    Chitung LiuTitle:
    Chief Financial Officer EXHIBIT INDEX
 Exhibit No.
    
    Description99
    
    6K on 2009/04/29




---



##### 



UMC Board of Directors Important Announcement




---



##### 



Risk Factors Relating to the He Jian Acquisition
 We may fail to realize all of the anticipated benefits of the acquisition.
   Failure to complete the acquisition could negatively impact our stock price and our future business
and financial results.
  
    
    we will be required to pay certain costs relating to the acquisition, whether or not the
acquisition is completed;
    
    matters relating to the acquisition (including integration planning) may require
substantial commitments of time and resources by our management, which could otherwise have
been devoted to other opportunities that may have been beneficial to us.
  The required regulatory approvals may not be obtained or may contain materially burdensome
conditions that could have an adverse effect on us.
  We will incur significant transaction and acquisition-related costs in connection with the
acquisition.




---



##### 



The acquisition of He Jian may subject us to further investigations by regulatory authorities in
Taiwan and complicate the legal proceedings of two of our former executives who were charged with
criminal offenses in relation to an alleged investment in He Jian.




---



##### 



SAFE HARBOR: FORWARD-LOOKING STATEMENTS
Parraguirre 

GISTARVE RUFFIN, JR., 

Appellant, 

vs. 

THE STATE OF NEVADA, 

Respondent. 

No. 68248 

ORDER DISMISSING APPEALS 

These are pro se appeals from judgments of conviction. 

Second Judicial District Court, Washoe County; Jerome M. Polaha, Judge. 

The notices of appeal were untimely filed. NRAP 4(b); NRS 

34.575(1); NRAP 26(a); NRAP 26(c). Because an untimely notice of appeal 

fails to vest jurisdiction in this court, Lozada v. State, 110 Nev. 349, 352, 

871 P.2d 944, 946 (1994), we conclude that we lack jurisdiction to consider 

these appeals, and we 

ORDER these appeals DISMISSED. 

cc: Hon. Jerome M. Polaha, District Judge 

Gistarve Ruffin, Jr. 

Attorney General/Carson City 

Washoe County District Attorney 

Washoe District Court Clerk 

SUPREME COURT 

OF 

NEVADA 

2 

(0) 19471..
#### Rafael LLOVERA, Appellant, v. STATE of Florida, Appellee.

No. 4D11-1042.

District Court of Appeal of Florida, Fourth District.

April 20, 2011.

Rafael Llovera, Miami, pro se.

No appearance required for appellee.

PER CURIAM.

*Affirmed. See Flores v. State,*57 So.3d 218 (Fla. 4th DCA 2010).

WARNER, STEVENSON and DAMOORGIAN, JJ., concur.
Exhibit 32.2

CERTIFICATION BY 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 the Quarterly Report of Jos. A. Bank Clothiers, Inc. (the "Company") on Form 10-Q for the period ended
August 2, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, David E. Ullman, Chief Financial Officer 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 to the best of my knowledge:



|September 16, 2003 |  |  |  | /s/DAVID E. ULLMANDavid E. Ullman
Chief Financial Officer
|------------------ |  |  |  | ---------------------------------------------------------

---

QuickLinks
#### Samuel E. HINKLE, Appellant, v. BEECH AIRCRAFT CORPORATION et al., Appellees.

No. 21153.

United States Court of Appeals Fifth Circuit.

May 11, 1964.

Rehearing Denied June 24, 1964.

*618Ranseler O. Wyatt, Houston, Tex., for appellant.

Robert A. White, Houston, Tex., Dwight Wallace, William Porter, Wichita, Kan., for appellee.

Before HUTCHESON, PRETTY-MAN * and JONES, Circuit Judges.

*

 Of the D.C. Circuit, sitting by designation.

PER CURIAM.

Appellant Hinkle obtained a patent for a cowl bracket designed for use on aircraft of the type manufactured by the Beech Aircraft Corporation. Beech subsequently placed an identical bracket on the market at a lower price. Hinkle initiated this suit for patent infringement. The trial court concluded that the Hinkle patent' was invalid for lack of invention over prior art and for the additional reason that the claims fail to state distinctly the subject matter which Hinkle regarded as his invention.

1 We find no error and the decision of the district court must be, and is,

Affirined.
Exhibit 10.3


 


EMPLOYMENT AGREEMENT AMENDMENT


 


THIS EMPLOYMENT AGREEMENT AMENDMENT (the “Amendment”), is made on this 30th day of December, 2008, by and between Nature’s
Sunshine Products, Inc., a Utah Corporation, having its principal place of
business in Provo, Utah (“the Company” or “NSP”) and Stephen M. Bunker (“Executive”).


 


The Company and Executive have entered into
an Employment Agreement dated December 21, 2007.


 


In order to ensure that such Employment
Agreement complies with Internal Revenue Code Section 409A, the Company
and Executive agree to amend the Employment Agreement as follows:


 


1.     Section 4 shall be amended by adding
the following at the end thereof:


 


Each reimbursement must be made no later than the end of the Company’s
fiscal year following the fiscal year in which the expense was incurred.  All such reimbursements shall be made no
later than the end of the calendar year in which the Executive separates from
service with the Company, or if later, the following March 15th.  The amount of reimbursements in any calendar
year shall not affect the expenses eligible for reimbursement in any other
taxable year.


 


2.     Section 5.1.3 shall be amended by
adding the following at the end thereof:


 


In the event that Executive is required to include benefits received
from the health plan in his or her taxable income, the Company will reimburse
Executive for up to $6,000 of the tax liability.  Such reimbursement will be made no later than
the end of the calendar year following the year in which the amount is
includible in the Executive’s income.


 


3.     The last sentence of Section 5.5 shall
be replaced with the following:


 


“Incapacity” shall mean that the Executive is unable to engage in any
substantial gainful activity by reason of any medically determinable physical
or mental impairment that can be expected to result in death or can be expected
to last for a continuous period of not less than 12 months, or that the
Executive has been determined to be totally disabled by the Social Security
Administration.


 


In addition, the parties agree that any other
provisions of the Employment Agreement shall be interpreted, if possible, so as
to avoid a violation of Internal Revenue Code Section 409A.


 

















 


Except to the extent modified by this
Amendment, the terms and conditions of the Employment Agreement shall remain in
full force and effect.


 


 


	
   

  	
  NATURE’S
  SUNSHINE PRODUCTS, INC.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  \s\ Douglas Faggioli

  
	
   

  	
   

  
	
   

  	
  Title:

  	
  CEO/President

  
	
   

  	
   

  
	
   

  	
  STEPHEN M. BUNKER

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  /s/ Stephen M. Bunker

  
	
   

  	
  Executive

  
				



 


2
**Exhibit 31.1****CERTIFICATION**I, Pehong Chen, Chief Executive Officer and Chief Financial Officer of BroadVision, Inc., certifythat:1. I have reviewed this quarterly report on Form 10-Q/A of BroadVision, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. [Intentionally omitted]4. The registrant’s other certifying officer(s) and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e) for the registrant and have:a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presentedin this report our conclusions about the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on such evaluation; andc) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financial reporting; and5. I have disclosed, based on my most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):a) All significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; andb) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.        Date: September 25, 2006    /s/ PEHONG CHEN   Pehong Chen   *Chief Executive Officer and Chief Financial Officer*
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, April 10, 2019.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, April 10, 2019

The Court of Appeals hereby passes the following order

A19A1669. RICHARD JOHN LUEDEE v. THE STATE.

Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW 

THE APPEAL in the above styled case, it is ordered that the motion is hereby GRANTED.
60340 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Rules and Regulations 

(1) The package must be tested in 

accordance with § 178.980(c) of this 

subpart; or 

* * * * * 

■ 17. In § 178.985, paragraph (a) is 

revised to read as follows: 

§ 178.985 Vibration test. 

(a) General. All rigid Large Packaging 

and flexible Large Packaging design 

types must be capable of withstanding 

the vibration test. 

* * * * * 

Issued in Washington, DC, on 

September 22, 2010, under authority 

delegated in 49 CFR part 1. 

Cynthia L. Quarterman, 

Administrator. 

[FR Doc. 2010–24336 Filed 9–29–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

Subsistence Management Regulations 

for Public Lands in Alaska 

CFR Correction 

In Title 50 of the Code of Federal 

Regulations, Parts 18 to 199, revised as 

of October 1, 2009, on page 663, in 

§ 100.24, remove the second paragraph 

(a)(3). 

[FR Doc. 2010–24662 Filed 9–29–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

Fisheries of the Northeastern United 

States 

CFR Correction 

In Title 50 of the Code of Federal 

Regulations, Parts 600 to 659, revised as 

of October 1, 2009, on page 639, in 

§ 648.92, remove the second paragraphs 

(b)(1)(iv) and (b)(1)(v). 

[FR Doc. 2010–24660 Filed 9–29–10; 8:45 am] 

BILLING CODE 1505–01–D 


jdjones on DSK8KYBLC1PROD with RULES