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


 


ASSIGNMENT OF RIGHTS


 


(Ashton Reserve, Charlotte)


 


THIS ASSIGNMENT AGREEMENT
(this “Assignment”) is made as of the 12th day of May, 2015, by and between BLUEROCK REAL
ESTATE, L.L.C. (the “Assignor”) and BLUEROCK RESIDENTIAL GROWTH REIT, INC., through its subsidiary, BRG ASHTON NC,
LLC (the “Assignee”).


 


WITNESSETH:


 


WHEREAS, AR I Borrower, LLC (“ARIB”)
and Assignor entered into that certain Purchase and Sale Agreement and Escrow Instructions, joined in by AR Owner, LLC (“ARO”)
(the “Purchase Contract”) to (i) acquire the Phase I Property (as defined in the Purchase Contract) and (ii) upon closing
on the Phase I Property, take an assignment of ARO’s Purchase and Sale Agreement for the Phase II Property (as defined in
the Purchase Contract) to take property (the “Property”); and


 


WHEREAS, Assignor desires
to assign to Assignee all of its right, title and interest in, to and under the Purchase Contract.


 


NOW, THEREFORE, for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, Assignor hereby assigns to the Assignee, all of its right, title and
interest in, to and under the Purchase Contract, and Assignee hereby accepts the same and assumes all of Assignor’s obligations
under the Purchase Contract.


 


The recitals contained
above are hereby incorporated herein.


 


[SIGNATURE PAGE FOLLOWS]


 




     


     


    

  


IN WITNESS WHEREOF,
the parties hereto have caused this Assignment as of the day and year written above.


 


	 	ASSIGNOR:
	 	BLUEROCK REAL ESTATE, L.L.C.,
	 	 	 	 
	 	 	By:	 /s/ Jordan Ruddy
	 	 	Name:	Jordan Ruddy
	 	 	Its:	President
	 
	 	ASSIGNEE:
	 	
        BRG ASHTON
        NC, LLC,

        a Delaware
        limited liability company

	 
	 
	 	 	By:	BLUEROCK RESIDENTIAL HOLDINGS, L.P., Its sole member
	 	 	 	 	 
	 	 	 	By:	 /s/ Michael Konig
	 	 	 	Name:	Michael Konig
	 	 	 	Its:	COO and General Counsel
**EXHIBIT 10.11**

 

ANDREW CORPORATION

EXECUTIVE SEVERANCE BENEFIT PLAN AGREEMENT

 

THIS AGREEMENT, made this 5th day of July, 2004, by and between AndrewCorporation (the “Company”) and Fred Lietz (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 III Participant in the Plan and shall be eligible solelyfor the benefits set forth therein applicable to TIER III Participants.  The receipt of such benefits shall be subjectto all of the terms and conditions set forth in the Plan, including, but notlimited to, terms related to the amount, time and form of benefits.  By execution of this Agreement, theExecutive agrees to be bound by the provisions of the Plan, as amended andrestated effective May 14, 2004, and as may be subsequently amended.

 

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/ Fred Lietz |                                         | /s/ Ralph E. Faison |   |
| , individually |                                         | By: Ralph E. Faison |
|           | Its: President & Chief Executive Officer |
|                |                                              |  |  |  |

 

----
EPC 10Q 6.30.15 EX 10.12






Exhibit 10.12


AMENDMENT TO THE ENERGIZER HOLDINGS, INC.
EXECUTIVE SAVINGS INVESTMENT PLAN




WHEREAS, Energizer Holdings, Inc. (“Parent” or “Company”) previously adopted the Energizer Holdings, Inc. Executive Savings Investment Plan (“Plan”);


WHEREAS, Parent intends to separate its household products business from its personal care business by means of a spin-off of a newly formed subsidiary named Energizer SpinCo, Inc. (“Spinco”), in accordance with that certain Separation and Distribution Agreement by and between the Parent and the Spinco (“Spin-Off”); 


WHEREAS, in connection with the Spin-Off, the Parent will be renamed from “Energizer Holdings, Inc.” to “Edgewell Personal Care Company,” and Spinco will be renamed from “Energizer SpinCo, Inc.” to “Energizer Holdings, Inc.;”


WHEREAS, the Company desires to amend the Plan to reflect the Spin-Off;     
 
NOW, THEREFORE, effective July 1, 2015 and contingent on the Spin-Off, the Plan is amended as follows:


1.    Any reference to “Energizer Holdings, Inc.” in the Plan shall be replaced with “Edgewell Personal Care Company (formerly known as Energizer Holdings, Inc.).”


2.    Any reference to “Energizer Plans Administrative Committee” in the Plan shall be replaced with “the Benefits Governance Committee.”


3.    All liabilities relating to Accounts of individuals listed on Appendix I (attached hereto) are hereby transferred to and assumed by Energizer Holdings, Inc. (formerly known as Energizer SpinCo, Inc.), and the Company shall have no further liability relating thereto.


    



4548294.2












IN WITNESS WHEREOF, the Company has caused this Plan amendment to be executed effective as of the __ 27___ day of ____July____, 2015.




ENERGIZER HOLDINGS, INC.




By:  /s/ Peter J. Conrad    




Its:  Chief Administrative Officer    





4548294.2
Exhibit 32.2

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

In condition with the Quarterly Report on Form 10-Q of Polydex Pharmaceuticals Limited (the Company) for the fiscal quarter ended April 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, John A. Luce, Chief Financial Officer of the Company, 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; and

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

By /s/ John A. LuceJohn A. Luce, 
Chief Financial Officer
June 15, 2009

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

P a g e | 19

---
#### In the Matter of Blum & Bellino, Inc., et al., Appellants, v Town of Greenburgh et al., Respondents.

[872 NYS2d 172]

In a proceeding, inter alia, pursuant to CPLR article 78 to review a determination of the Town of Greenburgh Zoning Board of Appeals filed March 17, 2008, which, after a hearing, affirmed a determination of John Lucido, as Building Inspector of the Town of Greenburgh, dated June 21, 2007, in effect, revoking a permit for a business sign on the ground that the sign did not comply with the Zoning Ordinance of the Town of Greenburgh and denied the petitioners’ application for an area variance for the sign, the petitioners appeal from a judgment of the Supreme Court, Westchester County (Cacace, J.), entered July 28, 2008, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioners Stephanie Bellino and James Bellino own a *836home in a one-family residence district in the Town of Green-burgh. Pursuant to a permit authorized by John Lucido, as Town Building Inspector, they erected a lawn sign outside their home advertising the petitioner Blum & Bellino, Inc., a real estate business operated out of the home. However, Lucido, in effect, revoked the permit and Ordered the sign removed after he determined that it did not comply with the Sign and Illumination Law of the Town’s Zoning Ordinance (Code of Town of Greenburgh, ch 240; Local Law No. 11 [1969] of Town of Greenburgh, hereinafter the Sign and Illumination Law) as to size. The petitioners challenged the revocation before the Town of Greenburgh Zoning Board of Appeals (hereinafter the ZBA) and, alternatively, sought an area variance permitting them to maintain the oversized sign. In a single determination, the ZBA rejected the challenge and denied the area variance. The petitioners commenced this proceeding, inter alia, pursuant to CPLR article 78 to challenge the determination. The Supreme Court denied the petition and dismissed the proceeding. We affirm.

The ZBA’s determination that the petitioners’ sign violated the Sign and Illumination Law with respect to maximum size was neither unreasonable or irrational *(see Matter of Louchheim v Zoning Bd. of Appeals of Town of Southampton,*44 AD3d 771 [2007]; *Matter of Gjerlow v Graap,*43 AD3d 1165 [2007]; Code of Town of Greenburgh § 240-3 [C] [16]). Further, the Sign and Illumination Law, as applied to the petitioners’ sign, is not preempted by Real Property Law § 441-a *(see generally DJL Rest. Corp. v City of New York,*96 NY2d 91, 94-96 [2001]; *Consolidated Edison Co. of N.Y. v Town of Red Hook,*60 NY2d 99, 108 [1983]). Also, the ZBA’s denial of the requested variance was not illegal, arbitrary, or an abuse of discretion, and had a rational basis *(see Matter of Bull Run Props., LLC v Town of Cornwall Zoning Bd. of Appeals,*50 AD3d 683 [2008]; *see generally Matter of Pecoraro v Board of Appeals of Town of Hempstead,*2 NY3d 608 [2004]).

The petitioners’ remaining contentions are either not properly before this Court on appeal or without merit. Santucci, J.E, Leventhal, Belen and Chambers, JJ, concur.
<PAGE>
================================================================================


                                    FORM 6-K
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549


                        Report of Foreign Private Issuer


                        PURSUANT TO RULE 13a-16 OR 15d-16
                     OF THE SECURITIES EXCHANGE ACT OF 1934

                                January 28, 2005

                         Commission File Number: 0-22346


                                 HOLLINGER INC.
                 (Translation of registrant's name into English)

                                10 TORONTO STREET
                            TORONTO, ONTARIO M5C 2B7
                                     CANADA
                    (Address of principal executive offices)


     Indicate by check mark whether the registrant files or will file annual
reports under cover Form 20-F or Form 40-F.

                        Form 20-F [X]     Form 40-F [ ]

     Indicate by check mark if the registrant is submitting the Form 6-K in
paper as permitted by Regulation S-T Rule 101(b)(1): _______________

     Indicate by check mark if the registrant is submitting the Form 6-K in
paper as permitted by Regulation S-T Rule 101(b)(7): _______________

     Indicate by check mark whether by furnishing the information contained in
this Form, the registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

                              Yes [ ]     No [X]

     If "Yes" is marked, indicate below the file number assigned to the
registrant in connection with Rule 12g3-2(b): 82-_____________


================================================================================

<PAGE>

                                  EXHIBIT LIST

<TABLE>
<CAPTION>
Exhibit      Description
-------      -----------
<C>          <S>
99.1         Press Release, dated January 27, 2005, regarding Hollinger Inc.
             Adopts Rigorous Governance Policies; Meet or Exceeds Canadian
             Public Company Requirements.
</TABLE>



<PAGE>

                                   SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.

Date:  January 28, 2005


                                       HOLLINGER INC.



                                       By: /s/  Peter G. White
                                           -------------------------------------
                                           Name:  Peter G. White
                                           Title: Vice President, Operations and
                                                  Secretary
<TABLE> <S> <C>

<ARTICLE>                            5

<S>                                 <C>
<PERIOD-TYPE>                     6-MOS
<FISCAL-YEAR-END>           DEC-31-1999
<PERIOD-END>                JUN-30-2000
<CASH>		                         22,465
<SECURITIES>                          0
<RECEIVABLES>  			               99,972
<ALLOWANCES>                     50,000
<INVENTORY>                           0
<CURRENT-ASSETS> 		              75,946
<PP&E>				                       59,722
<DEPRECIATION>          		       51,255
<TOTAL-ASSETS>                  110,847
<CURRENT-LIABILITIES>  	        307,526
<BONDS>                               0
<PREFERRED-MANDATORY>            80,450
<PREFERRED>                      20,766
<COMMON>                        292,452
<OTHER-SE>                     (590,347)
<TOTAL-LIABILITY-AND-EQUITY>    110,847
<SALES>          	               17,232
<TOTAL-REVENUES> 	               17,232
<CGS>                                 0
<TOTAL-COSTS>                         0
<OTHER-EXPENSES>                 38,339
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>                    0
<INCOME-PRETAX>                 (55,906)
<INCOME-TAX>                          0
<INCOME-CONTINUING>             (55,906)
<DISCONTINUED>                        0
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                    (55,906)
<EPS-BASIC>                      0.00
<EPS-DILUTED>                      0.00


</TABLE>
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Benton H Wilcoxon, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report of Composite Technology Corporation on Form 10-Q for the period ended
December 31, 2005 fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934 and that information contained in such
Form 10-Q fairly presents in all material respects the financial condition and
results of operations of Composite Technology Corporation.


Date: February 3, 2006

By: /s/ Benton H Wilcoxon
    ---------------------
    Benton H Wilcoxon
    Chief Executive Officer and Acting Chief Financial Officer
**Exhibit 21.1 Subsidiaries of Triton PCS Holdings, Inc.**
The subsidiaries of Triton PCS Holdings, Inc. are as follows:
SunCom Wireless Investment Co., LLC, a Delaware limited liability company
SunCom Wireless Affiliate Company, LLC, a Delaware limited liability company
SunCom Wireless, Inc. (f/k/a Triton PCS, Inc.), a Delaware corporation
Triton PCS Holdings Company L.L.C., a Delaware limited liability company
Triton PCS Finance Company, Inc., a Delaware corporation
SunCom Wireless Management Company, Inc. (f/k/a Triton Management Company, Inc.), a Delawarecorporation
Triton PCS Investment Company L.L.C., a Delaware limited liability company
Affiliate License Co., LLC, a Delaware limited liability company
SunCom Wireless International LLC, a Delaware limited liability company
Triton PCS Property Company L.L.C., a Delaware limited liability company
Triton PCS Equipment Company L.L.C., a Delaware limited liability company
SunCom Wireless Operating Company, L.L.C. (f/k/a Triton PCS Operating Company L.L.C.), a Delawarelimited liability company
Triton PCS License Company L.L.C., a Delaware limited liability company
SunCom Wireless Puerto Rico Operating Company, LLC, a Delaware limited liability company
Triton Network Newco, LLC, a Delaware limited liability company
AWS Network Newco, LLC, a Delaware limited liability company
Triton License Newco, LLC, a Delaware limited liability company
<PAGE>
                                    FORM 6-K
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549


                        Report of Foreign Private Issuer


                        PURSUANT TO RULE 13a-16 OR 15d-16
                     OF THE SECURITIES EXCHANGE ACT OF 1934





                                February 27, 2004

                         Commission File Number: 0-22346

                                 HOLLINGER INC.
                 (Translation of registrant's name into English)

                                10 TORONTO STREET
                            TORONTO, ONTARIO M5C 2B7
                                     CANADA
                    (Address of principal executive offices)

Indicate by check mark whether the registrant files or will file annual reports
                      under cover Form 20-F or Form 40-F.

                           Form 20-F [X] Form 40-F [ ]

Indicate by check mark if the registrant is submitting the Form 6-K in paper as
                permitted by Regulation S-T Rule 101(b)(1): ____

Indicate by check mark if the registrant is submitting the Form 6-K in paper as
                permitted by Regulation S-T Rule 101(b)(7): ____

 Indicate by check mark whether by furnishing the information contained in this
     Form, the registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

                                 Yes [ ] No [X]

If "Yes" is marked, indicate below the file number assigned to the registrant in
                  connection with Rule 12g3-2(b): 82- ________



<PAGE>



                                  EXHIBIT LIST



<TABLE>
<CAPTION>
Exhibit                  Description
-------                  -----------
<C>                      <S>
99.1                     Press Release, dated February 26, 2004, regarding Hollinger Inc. Statement on
                         Ruling by Delaware Chancery Court Decision.

</TABLE>



<PAGE>



                                   SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.

Date:  February 27, 2004

                                        HOLLINGER INC.

                                        By  /s/ Peter G. White
                                            ------------------------------------
                                            Name:    Peter G. White
                                            Title:   Co-Chief Operating Officer
                                                     and Secretary
<PAGE>


                                                                    EXHIBIT 99.1

           HOLLINGER INC. FILES MOTION TO DEFEND ITS RIGHTS REGARDING
    FEDERAL COURT ORDER CONSENTED TO BY HOLLINGER INTERNATIONAL ON JANUARY 16

Toronto, Canada, January 26, 2004 - Hollinger Inc. (TSX: HLG.C; HLG. Pr. B;
HLG.PR.C) announced that it had moved to intervene in the U.S. District Court
for the Northern District of Illinois to defend its rights with regard to a
Partial Final Judgment and Order of Permanent Injunction entered against
Hollinger International on January 16.

The January 16 order was consented to on behalf of Hollinger International by
Gordon A. Paris, interim Chief Executive Officer of International and Chairman
of its special committee, without prior authorization of the Hollinger
International Board of Directors. The order served the interests of Mr. Paris
and the special committee by creating practical constraints on Hollinger Inc.'s
rights as a controlling shareholder, including the right to remove and elect
directors of Hollinger International. Hollinger Inc. had a strong interest in
opposing entry of the order, but was given no notice or opportunity to be heard
regarding the order.

Through its motion to intervene filed with the Court today, Hollinger Inc. is
seeking to protect its rights and investment in Hollinger International and
ensure that it has a voice in proceedings that substantially affect its
ownership and property rights.

Hollinger Inc.'s principal asset is its approximately 72.6% voting and 30.3%
equity interest in Hollinger International Inc. Hollinger International is a
global newspaper publisher with English-language newspapers in the United
States, Great Britain, and Israel. Its assets include The Daily Telegraph, The
Sunday Telegraph and The Spectator and Apollo magazines in Great Britain, the
Chicago Sun-Times and a large number of community newspapers in the Chicago
area, The Jerusalem Post and The International Jerusalem Post in Israel, a
portfolio of new media investments and a variety of other assets.

Media Contact:                              For more information:

Jim Badenhausen                             Peter G. White
212-484-7205                                416-363-8721