alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1 - Exhibit E Form of New Lender Supplement






EXHIBIT E
FORM OF NEW LENDER SUPPLEMENT
Reference is made to the Credit Agreement, dated as of July 18, 2013 (as amended, supplemented, restated or otherwise modified from time to time, the “Credit Agreement”; unless otherwise defined herein, terms defined therein being used herein as therein defined), among M/I HOMES, INC., an Ohio corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties thereto as lenders, including the Swingline Lender and the Issuing Lender (collectively, the “Lenders”), PNC BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (the “Administrative Agent”) and the other agents party thereto.
Upon execution and delivery of this New Lender Supplement by the parties hereto as provided in Section 2.21 of the Credit Agreement, the undersigned hereby becomes a Lender thereunder having the Commitment set forth in Schedule 1 attached hereto and shall be bound by the obligations in the Credit Agreement as a Lender and entitled to the benefits of the Credit Agreement, effective as of the Increased Facility Closing Date.
THIS NEW LENDER SUPPLEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.
This New Lender Supplement may be executed by one or more of the parties hereto on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument.  Delivery of an executed signature page hereof by facsimile or other electronic transmission shall be effective as delivery of a manually executed counterpart hereof.
[Signature page follows.]









IN WITNESS WHEREOF, the parties hereto have caused this New Lender Supplement to be duly executed and delivered by their proper and duly authorized officers as of this ___ day of _______________, 201__.
__________________________________________
Name of Lender


By:                                     
  Name:                     
  Title:                          
Accepted and agreed:
M/I HOMES, INC.


By:                     
   Name:                 
   Title:                     




PNC BANK, NATIONAL ASSOCIATION, as
  Administrative Agent


By:                     
   Name:                  
   Title:                    









Attachment 1
to Exhibit E
Commitment and Notice Address
		
	1.
	Name of Lender:        ___________________________________


		
	2.
	Notice Address:            ___________________________________


		
	3.
	                ___________________________________


		
	4.
	                ___________________________________


		
	5.
	                ___________________________________


		
	6.
	    Attention:        ___________________________________


		
	7.
	    Telephone:        ___________________________________


		
	8.
	    Facsimile:        ___________________________________


		
	9.
	    Email:            ___________________________________


		
	10.
	             Commitment:        ___________________________________
II 

111TH CONGRESS 

2D SESSION S. 3634 

To amend the Internal Revenue Code of 1986 to clarify the types of energy 

conservation subsidies provided by public utilities eligible for income exclusion. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2010 

Mr. BINGAMAN (for himself and Mr. UDALL of New Mexico) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to clarify 

the types of energy conservation subsidies provided by 

public utilities eligible for income exclusion. 

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

3 SECTION 1. CLARIFICATION OF TYPES OF ENERGY CON4 SERVATION SUBSIDIES PROVIDED BY PUBLIC 

5 UTILITIES ELIGIBLE FOR INCOME EXCLU6 SION. 

7 (a) IN GENERAL.—Section 136 of the Internal Rev8 enue Code of 1986 is amended by redesignating subsection 

9 (d) as subsection (e) and by inserting after subsection (c) 

10 the following new subsection: 


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2 

•S 3634 IS

1 ‘‘(d) NET METERING OR NET BILLING PROGRAMS; 

2 RENEWABLE ENERGY CREDITS.— 

3 ‘‘(1) IN GENERAL.—For purposes of this sec4 tion, the term ‘subsidy’ includes amounts received by 

5 a customer from a public utility— 

6 ‘‘(A) to pay for electricity generated from 

7 an energy conservation measure under a net 

8 metering or net billing program, or 

9 ‘‘(B) to pay for renewable energy credits 

10 attributable to an energy conservation measure. 

11 ‘‘(2) LIMITATION.—The amount treated as a 

12 subsidy for any taxable year by reason of paragraph 

13 (1)(B) shall not exceed an amount equal to— 

14 ‘‘(A) $2,000, multiplied by 

15 ‘‘(B) the whole number of years worth of 

16 renewable energy credits that are sold by the 

17 customer. 

18 ‘‘(3) NO BASIS REDUCTION.—Subsection (b) 

19 shall not apply with respect to property any portion 

20 of the basis of which is attributable to an amount 

21 described in paragraph (1).’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to amounts received after the date 

24 of the enactment of this Act. 

Æ 


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In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 14-479V 

(Not to be published) 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * 

 * 

ROBERT TALTON, * 

 * Filed: June 17, 2015 

 Petitioner, * 

 * Decision by Stipulation; Attorney’s 

 v. * Fees & Costs 

 * 

SECRETARY OF HEALTH AND * 

HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * 

Amber D. Wilson, Maglio, Christopher and Toale, PA, Washington, DC, for Petitioner 

Alexis Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent 

ATTORNEY’S FEES AND COSTS DECISION1

On June 4, 2014, Robert Talton filed a petition seeking compensation under the National 

Vaccine Injury Compensation Program (Athe Vaccine Program@). On March 17, 2015, the parties 

filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision 

finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the 

stipulation. 

On June 17, 2015, counsel for both parties filed another joint stipulation, this time in 

regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should 

receive a lump sum of $18,963.99, in the form of a check payable to Petitioner and Petitioner’s 

 

1

 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the 

United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-

347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2002)). As provided by 42 U.S.C. § 

300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential 

information. Specifically, under Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any 

information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged 

or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly 

unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. 

(Id.) 
counsel. This amount represents a sum to which Respondent does not object. In addition, and in 

compliance with General Order No. 9, Petitioner has represented that he did incur any reimbursable 

costs in proceeding on this petition. 

I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly, 

an award should be made in the form of a check in the amount of $18,963.99 payable jointly to 

Petitioner and Petitioner’s counsel, Amber D. Wilson, Esq. In the absence of a motion for review 

filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in 

accordance with the terms of the parties’ stipulation.2

IT IS SO ORDERED. 

 /s/ Brian H. Corcoran

 Brian H. Corcoran 

 Special Master 

 

2

 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their

right to seek review.
EX-10.3



 Exhibit 10.3 

 

							
	



	  	3333 Susan Street	  	T (714) 662-5600	  	emulex.com
	  	Costa Mesa, CA 92626	  	F (714) 241-0792	  	

 July 12, 2013 
 Mr. Jeffrey W. Benck 
 7 Bell Pasture Road 

Ladera Ranch, CA 92694 
 Dear Jeff: 

Reference is made to that certain Key Employee Retention Agreement between you and Emulex Corporation (“Emulex”),
effective as of January 1, 2013 (the “KERA”), which sets forth certain severance benefits that you may be entitled to receive in the event of a qualifying termination of your employment with Emulex. This letter agreement sets
forth our mutual understanding with respect to amendment of the KERA as set forth herein. Accordingly, we hereby agree as follows: 

Section 3(n) of the KERA is hereby amended and restated in its entirety as follows: 

“(n) “Severance Period” means twenty four (24) months.” 

Except as specifically amended hereby, the KERA will remain unchanged. As amended hereby, the KERA will continue in full force and
effect. 
  

			
	Very truly yours,
	
	EMULEX CORPORATION
		
	By:	 	 /s/ James M. McCluney

	Name:	 	James M. McCluney
	Title:	 	Executive Chairman


 Accepted and Agreed to: 
 JEFFREY W. BENCK 
  

			
	By:	 	 /s/ Jeffrey W. Benck

	Date:	 	July 12, 2013
I. 4~-

PRAIRIE BAND POTAWATOMI NATION

TRIBAL COUNCIL RESOLUTION PBP No. 2003-068

Enacting PBP Code § 12-6-14, Vendor Licensing for Expansion Project

Whereas:

Whereas:

The Prairie Band Potawatomi Nation (the Nation) is a duly

organized Indian Tribe, with a Constitution and By-Laws approved

by the Secretary of the Interior as last amended May 13, 2000.

Pursuant to the Prairie Band Potawatomi Constitution, the Tribal

Council is charged with the duty of protecting the health, security

and general welfare of the Nation and of regulating law and order on

the reservation.

NOW, THEREFORE BE IT RESOLVED that the Prairie Band Potawatomi

Tribal Council does hereby enact PBP Code § 12-6-14 as follows:

Section 12-6-14. Vendor Licensing at the Casino Event Center and Hotel

Expansion Project.

(A) This section shall apply only to the $55,000,000 Expansion Project

approved by the General Council in July 2002. Any firm whose employees

perform construction or installation work in sensitive areas shall obtain a

license by the Tribal Gaming Commission in the same manner as a Series D

Gaming License. Sensitive areas for the purpose of this policy are those areas

that are within the hand-drawn bold black lines of the following map:

IC I. ii ~

_______

-~ p7&e~-flf(~

.

.
a ~

(B) With regard to all other licensing requirements, this Expansion Project

shall apply the existing requirements for vendor licensing as set forth in Title 12,

which are that only gaming vendors that are defined as

ManufacturerslDistributors pursuant to Title 12 are required to apply for a

Series D Gaming License with the Tribal Gaming Commission.

FTh4ALLY, BE IT RESOLVED that the Tribal Council does hereby approve and

enact the above amendment to Title 12 of the Law and Order Code.

CERTIFICATION

The foregoing resolution to enact PBP Code § 12-6-14 regarding Vendor

Licensing for Expansion Project was duly adopted on this l7t1~ day of April, 2003,

at a Meeting of the Prairie Band Potawatomi Tribal Council, during which (6)

members were present, constituting a quorum, by a vote of (5) for, (0) opposed,

(0) abstaining, (1) absent from voting and the Chairperson not voting.

ATTEST: ____________________

Zachariah Pahmahmie Chairperson

~ertiz,~ecre7

Subscribed and sworn to before me this ~Y~day of L~1u~f ,

2003.

P~~s &

Sta~COfDC~ns~ Not Public ~ EXPimSLZ~~-~ ary

PBP TC Resolution No. 2003-068, page 2
<TABLE> <S> <C>

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<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                         1342501
<SECURITIES>                                         0
<RECEIVABLES>                                   260473
<ALLOWANCES>                                         0
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<CURRENT-ASSETS>                               1603644
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<CURRENT-LIABILITIES>                          2695150
<BONDS>                                              0
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<TOTAL-LIABILITY-AND-EQUITY>                  25828566
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<OTHER-EXPENSES>                                102591
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<INTEREST-EXPENSE>                                   0
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</TABLE>
EXHIBIT 32.1





CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER


AND PRINCIPAL FINANCIAL OFFICER


PURSUANT TO 18 U.S.C. SECTION 1350


AS ADOPTED PURSUANT TO SECTION 906


OF SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Brekford Corp. (the “Company”) on Form 10-Q for the period ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Chandra (C.B.) Brechin, Principal Executive Officer and Principal Financial Officer, certify to my knowledge and in my capacity as an officer of the Company, pursuant to 18 U.S.C. Section 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 results of operations of the Company.





/s/ C.B. BrechinChandra (C.B.) BrechinPrincipal Executive Officer and Principal Financial OfficerDate: August 4, 2010





The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.
II 

111TH CONGRESS 

2D SESSION S. 3512 

To provide a statutory waiver of compliance with the Jones Act to foreignflagged vessels assisting in responding to the Deepwater Horizon oil spill. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2010 

Mrs. HUTCHISON (for herself, Mr. LEMIEUX, and Mr. CORNYN) introduced 

the following bill; which was read twice and referred to the Committee 

on Commerce, Science, and Transportation 

A BILL 

To provide a statutory waiver of compliance with the Jones 

Act to foreign-flagged vessels assisting in responding to 

the Deepwater Horizon oil spill. 

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 ‘‘Water Assistance from 

5 International Vessels for Emergency Response Act’’. 

6 SEC. 2. WAIVERS. 

7 Notwithstanding any other provision of law, section 

8 12112 and chapter 551 of title 46, United States Code, 

9 shall not apply to any vessel documented under the laws 


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2 

S 3512 IS 

1 of a foreign country while that vessel is engaged in con2 tainment, remediation, or associated activities in the Gulf 

3 of Mexico in connection with the mobile offshore drilling 

4 unit Deepwater Horizon oil spill. 

Æ 


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Exhibit 10.1

 

July 15, 2013

 

Joe’s Jeans Inc.

2340 South Eastern Avenue

Commerce, CA 90040

Attn:  Chief Executive Officer

 

Ladies and Gentlemen:

 

A.  The undersigned (the “Holder”), a beneficial owner of                      shares of Common Stock of Joe’s Jeans Inc., a Delaware corporation (the “Company”), par value $0.10 per share (the “Common Stock”), hereby agrees that such Holder will vote all shares of Common Stock owned by Holder in favor of any and all proposals submitted by the Company for approval by the holders of the Company’s Common Stock with regard to one or both of the following matters at the next Company stockholder meeting:

 

1.1                   Approval of the issuance of Common Stock upon the conversion of the Company’s Convertible Notes (“Convertible Notes”) that are to be issued to the stockholders of Hudson Clothing Holdings Inc. pursuant to a Stock Purchase Agreement, dated as of July 15, 2013 (as amended from time to time, the “Stock Purchase Agreement”), by and among the Company, Hudson and the stockholders of  Hudson signatory thereto;

 

1.2                   Approval of an amendment to the Certificate of Incorporation to increase the authorized shares of Common Stock in an amount sufficient to permit the issuance of the Common Stock upon conversion of all the Convertible Notes; and

 

1.3                   Approve any matter related to the transaction contemplated by the Stock Purchase Agreement which the Company may submit to the holders of the Company’s Common Stock for approval.

 

B.   The parties to this letter agreement further agree that this letter agreement shall be construed under and enforced in accordance with the laws of the State of Delaware, without regard to conflict of laws principles, and may only be amended by written agreement executed by the parties.  A waiver of a term or condition of this letter agreement shall only be effective if in writing and signed by the party against whom the waiver is asserted, and then shall only be effective with respect to the provision specified in such written waiver, and not for any other provision nor any other occurrence of an event related to the provision waived.

 

C.            Holder agrees that the Sellers’ Representatives under the Stock Purchase Agreement shall be third party beneficiaries of this letter agreement and further agree that this letter agreement may not be waived, amended or terminated without their consent.

 

[Signature Page Follows]

 











 

Please signify your agreement with the foregoing by countersigning this agreement in the space provided below.

 

	
 
    	
Very   truly yours,
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
Name:
    
	
 
    	
 
    
	
 
    	
 
    
	
ACCEPTED   AND AGREED:
    	
 
    
	
 
    	
 
    
	
JOE’S   JEANS INC.
    	
 
    
	
 
    	
 
    
	
By:
    	
 
    	
 
    
	
 
    	
Name:
    	
 
    
	
 
    	
Title:
II 

111TH CONGRESS 

1ST SESSION S. 325 

To amend section 845 of title 18, United States Code, relating to explosives, 

to grant the Attorney General exemption authority. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2009 

Mr. COCHRAN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend section 845 of title 18, United States Code, relating to explosives, to grant the Attorney General exemption authority. 

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

3 SECTION 1. SPECIFIC EXEMPTION. 

4 Section 845(a) of title 18, United States Code, is 

5 amended— 

6 (1) in paragraph (5), by striking ‘‘and’’ after 

7 the semicolon; 

8 (2) in paragraph (6), by striking the period and 

9 inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 


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2 

•S 325 IS

1 ‘‘(7) pest control pyrotechnics manufactured, 

2 imported, used, and stored in accordance with regu3 lations issued by the Attorney General.’’. 

4 SEC. 2. EXEMPTION AUTHORITY. 

5 Section 845 of title 18, United States Code, is 

6 amended by inserting at the end the following: 

7 ‘‘(d) The Attorney General may exempt from all or 

8 a part of the provisions of this chapter explosive materials 

9 or explosive devices containing such materials when a de10 termination is made, by regulation, that the explosive ma11 terials or explosive devices— 

12 ‘‘(1) are of a type that does not pose a threat 

13 to public safety; and 

14 ‘‘(2) are unlikely to be used as a weapon.’’. 

15 SEC. 3. EFFECTIVE DATE. 

16 The amendment made by this Act shall take effect 

17 180 days after the date of enactment of this Act. 

Æ 


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