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

**Exhibit      12**

**Bausch      & Lomb Incorporated**

**Statement      Regarding Computation of Ratio of Earnings to Fixed      Charges**

|                                                                          |   | **December                31, 2005** |   | **December                25, 2004** |   |
|-------------------------------------------------------------------------------|--------|--------------------------------------|--------|--------------------------------------|--------|
| Income                before Income Taxes and Minority Interest               |   | $                                    | 246.4  |                                 | $      | 242.7 |   |
| Fixed                Charges                                                  |   |                                 | 53.8   |                                 |   | 51.3 |   |
| Current                Period Amortization of Capitalized Interest            |   |                                 | 0.6    |                                 |   | 0.5 |   |
| Capitalized                Interest                                           |   |                                 | 0.0    |                                 |   | (1.1 | ) |
| Total                Earnings as Adjusted                                     |   | $                                    | 300.8  |                                 | $      | 293.4 |   |
| Fixed                Charges                                                  |   |                                 |   |                                 |   |   |   |
| Interest                (Including Interest Expense and Capitalized Interest) |   | $                                    | 52.8   |                                 | $      | 50.7 |   |
| Portion                of Rents Representative of the Interest Factor         |   |                                 | 1.0    |                                 |   | 0.6 |   |
| Total                Fixed Charges                                            |   | $                                    | 53.8   |                                 | $      | 51.3 |   |
| Ratio                of Earnings to Fixed Charges                             |   |                                 | 5.6    |                                 |   | 5.7 |   |
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 July 10, 2015

a0707

Order 

Clerk

July 10, 2015

151775-6

In re JOHNSON, Minors. SC: 151775-6

COA: 324032; 324033

Wayne CC Family Division:

12-506372-NA

_______________________________________/

On order of the Court, the application for leave to appeal the May 19, 2015 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court.
**EXHIBIT 10 (g)**

THE BLACK & DECKER2003 STOCK OPTION PLAN 

The proper execution of the dutiesand responsibilities of the executives and other key employees of The Black &Decker Corporation and its subsidiaries is a vital factor in the continued growth andsuccess of the Corporation. Toward this end, it is necessary to attract and retaineffective and capable employees to assume positions that contribute materially to thesuccessful operation of the business of the Corporation. It will benefit the Corporation,therefore, to bind the interests of these persons more closely to its own interests byoffering them an attractive opportunity to acquire a proprietary interest in theCorporation and thereby provide them with added incentive to remain in its employ and toincrease the prosperity, growth, and earnings of the Corporation. This stock option planwill serve these purposes. 

ARTICLE 1:00 

Definitions 

The following terms wherever usedherein shall have the meanings set forth below.
<TABLE> <S> <C>

<ARTICLE>                          5
<CIK>                              0000854062     
<NAME>                             GEODYNE ENERGY INCOME LTD PARTNERSHIP II-H
                                    
<S>                                <C>
<PERIOD-TYPE>                      9-MOS
<FISCAL-YEAR-END>                  DEC-31-1998
<PERIOD-START>                     JAN-01-1998
<PERIOD-END>                       SEP-30-1998
<CASH>                                   103,052
<SECURITIES>                                   0
<RECEIVABLES>                             82,736
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                         185,788
<PP&E>                                 5,752,251
<DEPRECIATION>                         4,666,595
<TOTAL-ASSETS>                         1,300,963
<CURRENT-LIABILITIES>                     25,542
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                             1,260,773
<TOTAL-LIABILITY-AND-EQUITY>           1,300,963
<SALES>                                  549,753
<TOTAL-REVENUES>                         871,628
<CGS>                                          0
<TOTAL-COSTS>                            361,153
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                          510,475
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                      510,475
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                             510,475
<EPS-PRIMARY>                               5.24
<EPS-DILUTED>                                  0
        
 

</TABLE>
Petition for Writ of Mandamus Denied and Petition for Writ of Prohibition 

Dismissed and Memorandum Opinion filed September 22, 2016.

In The

Fourteenth Court of Appeals

NO. 14-16-00749-CV

NO. 14-16-00750-CV

IN RE EMILIO DE LOS SANTOS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

WRIT OF PROHIBITION

County Court at Law No. 4

Fort Bend County, Texas

Trial Court Cause No. 15-CPR-028306

MEMORANDUM OPINION

On September 21, 2016, relator Emilio De Los Santos filed a petition for 

writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); 

see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the 
2

Honorable Sandy Beilstein, presiding judge of the County Court at Law No. 4 of 

Fort Bend County, to set aside the August 23, 2016 order directing relator to vacate 

certain property. Relator has not shown that he is entitled to mandamus relief.

Relator also filed a petition for writ of prohibition, to prohibit Judge 

Beilstein from holding any hearings in the case until this court has decided the 

petition for writ of mandamus. No appeal related to the underlying action is 

pending in this court. In the absence of a pending appeal, this court lacks 

jurisdiction over relator’s petition for writ of prohibition. See Bayoud v. N. Cent. 

Inv. Corp., 751 S.W.2d 525, 529 (Tex. App.—Dallas 1988, orig. proceeding) (“A

court of appeals does not have jurisdiction, absent a pending appeal, to issue a writ 

of prohibition requiring that a trial court refrain from performing a future act.”). 

Accordingly, we deny relator’s petition for writ of mandamus, and dismiss 

his petition for writ of prohibition for lack of jurisdiction. We further deny 

relator’s emergency motion for temporary relief.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Boyce and Christopher.
[Federal Register Volume 74, Number 113 (Monday, June 15, 2009)]
[Notices]
[Page 28283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13908]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,831]


Cox Manufacturing Company Inc., Hildebran, NC; Notice of 
Termination of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on April 22, 2009 in response to a petition 
filed on behalf of the workers of Cox Manufacturing Company Inc., 
Hildebran, North Carolina.
    The petitioner has requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 15th day of May 2009.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-13908 Filed 6-12-09; 8:45 am]
BILLING CODE 4510-FN-P
CERTIFICATION ACCOMPANYING PERIODIC REPORT
                             PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002
                               (18 U.S.C. ss.1350)






The undersigned, Jeffrey J. Steiner, Chief Executive Officer of The Fairchild
Corporation ("Company"), hereby certifies that (1) the Annual Report of the
Company on Form 10-K for the fiscal year ending June 30, 2002 (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 condition and the results of operations of
the Company.





Dated:  September 26, 2002                  /s/ Jeffrey J. Steiner
                                            ----------------------
                                                 Jeffrey J. Steiner
                                                 Chief Executive Officer



<PAGE>







                   CERTIFICATION ACCOMPANYING PERIODIC REPORT
                             PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002
                               (18 U.S.C. ss.1350)






The undersigned, John L. Flynn, Chief Financial Officer of The Fairchild
Corporation ("Company"), hereby certifies that (1) the Annual Report of the
Company on Form 10-K for the fiscal year ending June 30, 2002 (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 condition and the results of operations of
the Company.






Dated:  September 26, 2002                      /s/ John L. Flynn
                                                -----------------
                                                    John L. Flynn
                                                    Chief Financial Officer
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---

Exhibit 32.1

CERTIFICATIONS PURSUANT TO SECTION 906 OFTHE
SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of mPhase Technologies,
Inc., a New Jersey corporation (the "Company"), on Amendment No. 8 to Form 10Q/A for the quarter
ended December 31, 2009 as filed with the Securities and Exchange Commission
(the "Report"), I, Ronald A. Durando, Chief Executive Officer of the Company
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18U.S.C.
Section 1350), that to his knowledge:

|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/ Ronald A.
DurandoRonald A. Durando Chief Executive Officer

March 7, 2011

---
Exhibit 10.1

 

July 18, 2013

 

Peter Y. Tam

c/o VIVUS, Inc.

1172 Castro Street

Mountain View, CA  94040

 

Dear Peter

 

Reference is made to the Amended and Restated Change of Control and Severance Agreement between you and VIVUS, Inc, (the “Company”), effective as of July 1, 2013 (the “AR Severance Agreement”).  Capitalized terms in this letter agreement that are not otherwise defined herein shall have the same meanings as in the AR Severance Agreement.

 

In connection with the change in the majority of the Board of Directors of Company (the “Board”) and the material reduction or change in your job duties and responsibilities, the Company and First Manhattan Co. (“First Manhattan”) acknowledge and agree that (x) a Change of Control will occur under the AR Severance Agreement and (y) you will be entitled to terminate your employment for Good Reason under the terms of the AR Severance Agreement.  As a result of the foregoing, if you agree to continue your employment following election of the new Board, the Company agrees that you shall be entitled to terminate your employment at any time during the six (6) month period following the date hereof and such termination shall be deemed to be a termination for Good Reason pursuant to Section 2(a)(ii) of the AR Severance Agreement and you shall, subject to Sections 4 and 7 of the AR Severance Agreement, continue to be entitled to the severance payment and benefits set forth in Section 2(a)(ii) of the AR Severance Agreement.  If you do not terminate your employment during such six (6) month period, you and the Company acknowledge and agree that you shall no longer be entitled to terminate your employment for Good Reason as a result of such material reduction or change; provided, however, that at any time following the six (6) month period until the end of the twenty-four (24) month period following the Change of Control you shall be entitled to benefits under Section 2(a)(ii) if you terminate your employment  for Good Reason based on a material reduction or change in your then current job duties and responsibilities as of the end of the six (6) month period, pursuant to the terms and conditions of the AR Severance Agreement.

 

If you agree with foregoing, please execute this letter agreement below.  If you have any questions, please do not hesitate to contact me.

 

	
 
    	
Very   truly yours,
    
	
 
    	
 
    
	
 
    	
VIVUS, INC.
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
By:
    	
/s/   Leland Wilson
    
	
 
    	
Name:
    	
 
    
	
 
    	
Title:
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
FIRST   MANHATTAN CO.
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
/s/   Neal K. Sterns
    
	
 
    	
Name:
    	
Neal   K. Sterns
    
	
 
    	
Title:
    	
Managing   Member
    
	
ACCEPTED   AND AGREED:
    	
 
    
	
 
    	
 
    
	
 
    	
 
    
	
/s/   Peter Y. Tam
CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


     The  undersigned  hereby  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
undersigned's  best knowledge and belief,  the Quarterly Report on Form 10-Q for
the Geodyne Energy Income  Limited  Partnership  II-G  ("Issuer") for the period
ending  September 30, 2005 as filed with the Securities and Exchange  Commission
on the date hereof (the "Report"):

      (a)   fully complies with the requirements of section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and
      (b)   the  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Issuer.

     Dated this 14th day of November, 2005.

                                    GEODYNE ENERGY INCOME LIMITED
                                    PARTNERSHIP II-G
                                    ("Issuer")

                                    //s// Dennis R. Neill
                                    -----------------------------------
                                    Dennis R. Neill
                                    President (Chief Executive Officer)

                                    //s// Craig D. Loseke
                                    -----------------------------------
                                    Craig D. Loseke
                                    Chief Accounting Officer
                                    (Chief Financial Officer)


      A signed  original of this written  statement  required by Section 906 has
been  furnished to Geodyne  Energy Income  Limited  Partnership II-G and will be
retained by Geodyne Energy Income Limited  Partnership II-G and furnished to the
Securities and Exchange Commission or its staff upon request.
Exhibit 10.12

                              BANDAG, INCORPORATED
                   Description of Short-term Compensation Plan


     As part of the total compensation package for the four top executive
officers (the "Executive Officers") of the Company, the Management Continuity
and Compensation Committee ("MCC") of the Board of Directors sets annual
earnings per share ("EPS") targets for the Company. The MCC then grants
contingent award values to the Executive Officers. The award values are
typically based on a percentage of the target compensations for the Executive
Officers set by the MCC. The awards are payable in restricted shares of Class A
Common Stock if the EPS targets are met.

     The MCC sets the EPS targets and award values to the Executive Officers as
follows: the first is a Threshold EPS, below which no restricted stock grants
are made and, if met, provides for the lowest award value; the second is a
Target EPS, which provides for a higher award value if the Target EPS is met;
and the third is a superior EPS, which provides for the highest award value if
the Superior EPS is met. If EPS falls between identified target EPS numbers,
arithmetical interpolation is used to determine the award value. The number of
shares of restricted stock to be granted are computed by dividing an individual
award value by the fair market value of a share of Class A Common Stock on the
fourth Tuesday in February following the end of the fiscal year. The shares of
restricted stock become freely transferable after three years from the date of
grant, but terminate if employment is terminated within such three-year period,
except that the shares vest and become freely transferable if the termination of
employment is caused by death, Disability or Retirement, as Death and Disability
are defined in the Stock Award Plan.

     The executive officers receiving the contingent awards currently are Martin
G. Carver, Chairman of the Board, President and Chief Executive Officer, Warren
W. Heidbreder, Vice President, Finance and Chief Financial Officer, John C.
McErlane, Vice President of the Company and President of Tire Distribution
Systems, Inc., a wholly owned subsidiary of the Company, and Nathaniel L. Derby
II, Vice President, Manufacturing Design.



                                      114
#### In the Matter of Jayda D.-B., a Child Alleged to be Neglected. Rockland County Department of Social Services, Respondent; Roger D., Appellant.

[822 NYS2d 723]

*999In a proceeding pursuant to Family Court Act article 10, the father appeals from an order of disposition of the Family Court, Rockland County (Christopher, J.), dated November 3, 2005, which, after a hearing, and upon a fact-finding order of the same court dated May 16, 2005, made after a hearing, finding that he had neglected the subject child, inter alia, placed him under the supervision of Rockland County Child Protective Services for a period of one year.

Ordered that the notice of appeal from the fact-finding order is deemed a premature notice of appeal from the order of disposition *(see*CPLR 5520 [c]); and it is further,

Ordered that the order of disposition is affirmed, without costs or disbursements.

Contrary to the father’s contention, Rockland County Department of Social Services proved by a preponderance of the evidence at the fact-finding hearing that the father neglected the subject child “by engaging in acts of violence against her mother in the presence of the child, thereby creating an imminent danger that the child’s physical, mental, and emotional health would be harmed” *(Matter of Sanjeeda M.,*24 AD3d 445, 446 [2005]; *see Matter of Cybill V.,*279 AD2d 582, 583 [2001]; *Matter of Tami G.,*209 AD2d 869, 870 [1994]). While the father denied that any incidents of domestic violence occurred, the court credited the mother’s testimony and not the father’s. “[Weighting] the relative probative force of [the] conflicting testimony as well as conflicting inferences which may be drawn therefrom . . . [and] taking into account that . . . the Trial Judge has the advantage of viewing the witnesses” *(Matter of Fasano v State of New York,*113 AD2d 885, 888 [1985]; *see We’re Assoc. Co. v Rodin Sportswear,*288 AD2d 465, 466 [2001]), we find that the Family Court had a sound and substantial basis in the record for its determination that the father neglected the subject child *(see Eschbach v Eschbach,*56 NY2d 167, 173 [1982]; *Matter of Jennifer R.,*29 AD3d 1003 [2006]; *Matter of Justina Rose D.,*28 AD3d 659 [2006]).

There is no merit to the father’s contention that he was denied the effective assistance of counsel at both the fact-finding and dispositional hearings *(cf. People v Baldi,*54 NY2d 137, 146-147 [1981]). Miller, J.P, Ritter, Rivera and Lifson, JJ., concur.