alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 10.18**

 

ANDREW CORPORATION

EXECUTIVE SEVERANCE BENEFIT PLAN AGREEMENT

 

THIS AGREEMENT, made this 5th day of July, 2004, by and between AndrewCorporation (the “Company”) and Karen Quinn-Quintin (the “Executive”),

 

WITNESSETH:

 

WHEREAS, the Company maintains the Andrew Corporation ExecutiveSeverance Benefit Plan, as amended and restated effective May 14, 2004 (the“Plan”); and

 

WHEREAS, the Executive has been designated as an eligible participantin the Plan;

 

NOW, THEREFORE, the Executive and Company hereby agree as follows:

 

1.                                       PlanBenefits.  The Executive has beendesignated as a TIER II Participant in the Plan and shall be eligible solelyfor the benefits set forth therein applicable to TIER II Participants.  The receipt of such benefits shall besubject to all of the terms and conditions set forth in the Plan, including,but not limited to, terms related to the amount, time and form ofbenefits.  By execution of thisAgreement, the Executive agrees to be bound by the provisions of the Plan, asamended and restated effective May 14, 2004, and as may be subsequentlyamended.

 

2.                                       Arbitration.  The Executive acknowledges thatSection 7.2 of the Plan contains an arbitration provision, and byexecution of this Agreement agrees to be bound by the terms of such arbitrationprovision.

 

3.                                       PlanNot Contract of Employment.  ThePlan does not constitute a contract of employment and nothing in the Plan shallbe construed to give the Executive the right to be retained by the Company orto any benefits not specifically provided by the Plan.

 

4.                                       PlanSupercedes Prior Change in Control Severance Agreements.  The Executive acknowledges and agrees thatthe benefits and terms set forth in the May 14, 2004 restatement of the Plan,as applicable to the Participant based on the Tier designated in paragraph 1above, are a replacement for and in lieu of any benefits to which the Executivemay have been entitled under the Plan prior to its restatement or under anyother agreement with the Company relating to Change in Control severancebenefits.  The Executive furtheracknowledges such benefits and terms may be subsequently amended pursuant toSection 7.1 of the Plan.

 

IN WITNESS WHEREOF, the parties have caused this Agreement to beexecuted as of the date first above written.

 
| EXECUTIVE                  | ANDREW CORPORATION                           |
|----------------------------|----------------------------------------------|
|                       |                                         |
|                       |                                         |
| /s/ Karen A. Quinn-Quintin |                                         | /s/ Ralph E. Faison |   |
| , individually             |                                         | By: Ralph E. Faison |
|                       | Its: President & Chief Executive Officer |
|                            |                                              |  |  |  |

 

----
Exhibit 32

18 U.S.C. Section 1350 Certifications of Chief Executive and Chief Financial Officers

The following statement is being
furnished to the Securities and Exchange Commission solely for purposes of Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), which carries with it certain criminal penalties in the event of a knowing or willful misrepresentation.

Securities and Exchange Commission

450 Fifth Street, NW

Washington, DC 20549

Re: Andrew Corporation

Ladies and Gentlemen:

In accordance with the requirements of
Section 906 of the Sarbanes-Oxley Act of 2002 (18 USC 1350), each of the undersigned hereby certifies that:



| | (i) | this Quarterly Report on Form 10-Q fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in this report fairly presents, in all material respects, the financial condition and results of operations of Andrew Corporation.
| | ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------

Dated as of this 2nd day of August 2007.



|                                      |  |  |  |                                                     
|------------------------------------- |  |  |  | ----------------------------------------------------
|/s/ Ralph E. Faison                   |  |  |  | /s/ Marty R. Kittrell                               
|Ralph E. Faison                       |  |  |  | Marty R. Kittrell                                   
|President and Chief Executive Officer |  |  |  | Executive Vice President and Chief Financial Officer

A signed original of this certification has been provided to Andrew Corporation and will be retained by Andrew
Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
#### Debra Soehngen, Respondent, v Joseph Soehngen, Appellant.

[874 NYS2d 142]

In an action for a divorce and ancillary relief, the defendant appeals (1) from findings of fact of the Supreme Court, Nassau County (Gartenstein, J.H.O.), dated June 19, 2007, and (2), as limited by his brief, from so much of an order of the same court *830(Ross, J.), dated December 19, 2007, as granted the plaintiffs motion to find him in contempt of a pendente lite support order dated January 3, 2005, and imposed a period of incarceration of 90 days, and, after a nonjury trial on the issue of whether there were grounds for the award of a judgment of divorce, and upon the findings of fact, made after a separate nonjury trial on the issue of the amount of income to be imputed to him, imputed income to him in the sum of $340,000 per year, directed the entry of judgment in favor of the plaintiff and against him in the sum of $124,510, and directed an award to the plaintiff of an attorney’s fee in the sum of $5,000.

Ordered that the appeal from the findings of fact dated June 19, 2007, is dismissed, without costs or disbursements, as no appeal lies therefrom *(see ELRAC, Inc. v Belessis,*303 AD2d 445, 446 [2003]); and it is further,

Ordered that the order dated December 19, 2007, is affirmed insofar as appealed from, without costs or disbursements.

Initially, we note that although the defendant has completed his sentence, the appeal from so much of the order dated December 19, 2007, as found him in contempt of a pendente lite support order dated January 3, 2005, has not been rendered academic, in light of the enduring consequences which might flow from the finding that he violated the support order *(see Matter of Saintime v Saint Surin,*40 AD3d 1103 [2007]; *Matter of Christine G.,*36 AD3d 615, 616 [2007]; *Matter of Er-Mei Y.,*29 AD3d 1013 [2006]).

The Supreme Court properly determined that the defendant was in contempt of the pendente lite support order dated January 3, 2005, as the record revealed clear and convincing evidence that the defendant willfully violated a clear and unequivocal mandate of the court, thereby prejudicing the plaintiffs right to temporary child support and maintenance *(see Matter of McCormick v Axelrod,*59 NY2d 574, 583 [1983]; *Massimi v Mas-simi,*56 AD3d 624 [2008]; *Rienzi v Rienzi,*23 AD3d 447, 449 [2005]).

The defendant’s remaining contentions are without merit. Prudenti, EJ, Spolzino, McCarthy and Leventhal, JJ., concur.
<PAGE>

                                                                 Exhibit 99.1

                          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 Stratabase on Form 10-KB for the
period ending December 31, 2002 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Trevor Newton, President,
Chief Executive Officer, Secretary and Treasurer of
Stratabase, certify, pursuant to 18 U.S.C. 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 (15 U.S.C. 78m); and

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


/s/  Trevor  Newton
-------------------
Trevor  Newton
Chairman, President, Chief Executive Officer, Secretary, and Treasurer

Date:  March 31, 2003
EXHIBIT 31.1



SECTION 302 SARBANES OXLEY CERTIFICATION



I, David Duquette, certify that:



1. I have reviewed this quarterly report on Form 10-QSB of New Century Companies, Inc. (the registrant);



2. Based on my knowledge, this quarterly 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 quarterly report;



3. Based on my knowledge, the financial statements, and other
financial information included in this quarterly 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 quarterly report.



4. I am responsible for establishing and maintaining
disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(c ) and 15d-15(c) for the registrant and have:



a. designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiary,
is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;



b. evaluated the effectiveness of the registrants disclosure controls and procedures and presented in 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; and



c. disclosed in this report any changes in the registrants internal control over financial reporting that occurred during the registrants most
recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting.



5. I have disclosed, based on my most recent evaluation, to the registrants auditors and the audit committee of
registrants board of directors (or persons performing the equivalent function):



a. all significant deficiencies and material weaknesses in the design or operation of internal controls which are possibly likely to adversely affect the registrants ability to record, process, summarize and
report financial information and have identified for the registrants auditors any material weaknesses in internal controls; and



b. any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls;
and



6. I have indicated in this quarterly report whether or
not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of my most recent evaluation, including any corrective actions with regard to significant
deficiencies and material weaknesses.



|August 15, 2003 |  |  |  |  |  | /s/    DAVID DUQUETTE
|--------------- |  |  |  |  |  | ---------------------
|                |  |  |  |  |  | Name:                
|                |  |  |  |  |  | Title:               

| |  | 
| |  |
pbyi-ex101_82.htm


 

Exhibit 10.1

SECOND AMENDMENT TO 

PUMA BIOTECHNOLOGY, INC. 

2011 INCENTIVE AWARD PLAN 

This Second Amendment (“Second Amendment”) to the Puma Biotechnology, Inc. 2011 Incentive Award Plan (the “Plan”), is adopted by the Board of Directors (the “Board”) of Puma Biotechnology, Inc., a Delaware corporation (the “Company”), effective as of April 20, 2015 (the “Effective Date”). Capitalized terms used in this Second Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Plan. 

RECITALS


	
A.
	
The Company currently maintains the Plan. 





	
B.
	
Pursuant to Section 13.1 of the Plan, the Board has the authority to amend the Plan to increase the limits imposed in Section 3.1 on the maximum number of shares which may be issued under the Plan (the “Share Limit”), subject to approval by the stockholders of the Company twelve (12) months before or after such action. 





	
C.
	
The Board believes it is in the best interests of the Company and its stockholders to amend the Plan to increase the Share Limit. 




AMENDMENT

The Plan is hereby amended as follows, effective as of Effective Date. 

1. Section 3.1(a). Subject to approval by the stockholders of the Company within twelve (12) months of the Effective Date, the first sentence of Section 3.1(a) of the Plan is hereby deleted and replaced in its entirety with the following: 

“Subject to Sections 3.1(b), 13.1 and 13.2 hereof, the aggregate number of Shares which may be issued or transferred pursuant to Awards under the Plan shall be equal to ten million five hundred twenty-nine thousand four hundred twelve (10,529,412) Shares (the “Share Limit”), all of which may be issued as Incentive Stock Options.” 

2. This Second Amendment shall be and, as of the Effective Date, is hereby incorporated in and forms a part of the Plan. 

3. Except as expressly provided herein, all terms and conditions of the Plan shall remain in full force and effect. 

***** 

 

 




 

I hereby certify that this Second Amendment was duly adopted by the Board of Directors of Puma Biotechnology, Inc. on April 20, 2015. 

*****

I hereby certify that this Second Amendment was approved by the stockholders of Puma Biotechnology, Inc. on June 9, 2015. 

Executed on this   19th    day of June, 2015. 

 


		
	
 
	
 

	
Puma Biotechnology, Inc.

	
 
	
 

	
By:
	
 /s/ Alan H. Auerbach            

 

	
Name:
	
Alan H. Auerbach

	
Title:
	
President, Chief Executive Officer and Secretary
#### Shankar Rampersaud, Appellant, v Indra Rampersaud, Respondent.

[962 NYS2d 908]

—In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Nassau County (O’Connell, J.H.O.), dated July 20, 2010, which, inter alia, denied that branch of his motion which was pursuant to CFLR 4404 (b) to set aside so much of the court’s amended decision dated April 15, 2010, as, after a nonjury trial, found that he used marital funds to purchase property in New Jersey, and determined that the defendant was entitled to an award of counsel fees.

Ordered that the appeal is dismissed, with costs.

The appeal must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action *(see Matter of Aho,*39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the companion appeal from the judgment *(see Rampersaud v Rampersaud,*105 AD3d 935 [2013] [decided herewith]).

Dillon, J.E, Austin, Sgroi and Cohen, JJ., concur.
I 

118TH CONGRESS 

1ST SESSION H. R. 2311 

To provide for a limitation on availability of funds for Department of State, 

International Organizations, Contributions for International Peacekeeping 

Activities for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To provide for a limitation on availability of funds for Department of State, International Organizations, Contributions for International Peacekeeping Activities for 

fiscal year 2024. 

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


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2311 IH

1 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 DEPARTMENT OF STATE, INTERNATIONAL 

3 ORGANIZATIONS, CONTRIBUTIONS FOR 

4 INTERNATIONAL PEACEKEEPING ACTIVITIES 

5 FOR FISCAL YEAR 2024. 

6 Notwithstanding any other provision of the law, 

7 amounts authorized to be appropriated or otherwise avail8 able for Department of State, International Organizations, 

9 Contributions for International Peacekeeping Activities 

10 for fiscal year 2024 may not exceed $562,344,000. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
I 

118TH CONGRESS 

1ST SESSION H. R. 2466 

To amend title 49, United States Code, to require the Secretary of Transportation to consider the cost of providing basic essential air service when 

selecting applicants for the essential air service program, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2023 

Mr. MEUSER introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To amend title 49, United States Code, to require the Secretary of Transportation to consider the cost of providing 

basic essential air service when selecting applicants for 

the essential air service program, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Essential Air Service 

5 Reform Act’’. 

6 SEC. 2. BASIC ESSENTIAL AIR SERVICE. 

7 Section 41732(b) of title 49, United States Code, is 

8 amended— 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 2466 IH

1 (1) by striking paragraph (5); and 

2 (2) by redesignating paragraph (6) as para3 graph (5). 

4 SEC. 3. AVAILABILITY OF COMPENSATION. 

5 Section 41733(c)(1) of title 49, United States Code, 

6 is amended— 

7 (1) in subparagraph (D) by striking ‘‘, giving 

8 substantial weight to the views of the elected offi9 cials representing the users’’; 

10 (2) in subparagraph (E) by striking ‘‘and’’ at 

11 the end; 

12 (3) in subparagraph (F) by striking the period 

13 at the end and inserting ‘‘; and’ ’’ and 

14 (4) by adding at the end the following: 

15 ‘‘(G) the overall cost of the bid submitted by 

16 the applicant to provide basic essential air service to 

17 the eligible place.’’. 

18 SEC. 4. NOTIFICATION TO CONGRESS. 

19 Upon entering into an essential air service contract 

20 with an air carrier under subchapter II of chapter 417 

21 of title 49, United States Code, the Secretary of Transpor22 tation shall submit to the Committee on Transportation 

23 and Infrastructure of the House of Representatives and 

24 the Committee on Commerce, Science, and Transportation 

25 of the Senate a notification that the Secretary has entered 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 2466 IH

1 into such contract and an explanation for awarding such 

2 contract. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-END>                               DEC-31-1995
<CASH>                                          28,718
<SECURITIES>                                         0
<RECEIVABLES>                                   12,865
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<CURRENT-ASSETS>                                41,854
<PP&E>                                         343,560
<DEPRECIATION>                                 143,310
<TOTAL-ASSETS>                                 242,104
<CURRENT-LIABILITIES>                          114,024
<BONDS>                                              0
<COMMON>                                        32,208
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,340
<OTHER-SE>                                      94,532
<TOTAL-LIABILITY-AND-EQUITY>                   242,104
<SALES>                                         22,449
<TOTAL-REVENUES>                                26,689
<CGS>                                           17,737
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<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                               2,217
<INCOME-PRETAX>                               (16,806)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (16,806)
<DISCONTINUED>                                       0
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<NET-INCOME>                                  (16,806)
<EPS-PRIMARY>                                 (   .01)
<EPS-DILUTED>                                 (   .01)
        

</TABLE>
|    |                                                                                                                  |
|----|------------------------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Amendment to the Annual Report on Form 10-K/A of Martha Stewart Living Omnimedia, 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. |

|                               |
|-------------------------------|
|                               |
| /s/ Kenneth P. West           |
| Chief Financial Officer       |
| (principal financial officer) |
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Joel Derek Rojo, * From the 118th District Court

of Howard County

Trial Court No. 14689.

Vs. No. 11-17-00228-CR * August 8, 2019

The State of Texas, * Memorandum Opinion by Stretcher, J.

(Panel consists of: Bailey, C.J.,

Stretcher, J., and Wright, S.C.J., 

sitting by assignment)

 (Willson, J., not participating)

This court has inspected the record in this cause and concludes that there is no 

error in the judgment below. Therefore, in accordance with this court’s opinion, the 

judgment of the trial court is in all things affirmed.