alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.1  (W0593769.DOC;1)








Exhibit 4.1







Amendment, dated as of March 5, 2013, between Wausau Paper Corp., a Wisconsin corporation (the “Corporation”), and Continental Stock Transfer & Trust Company (the “Rights Agent”), as successor to Harris Trust and Savings Bank, to that certain agreement dated as of October 21, 1998, and amended as of August 22, 2000 and as of October 17, 2008, in connection with the declaration of a dividend of one preferred share purchase right for each share of common stock of the Corporation outstanding on November 6, 1998 (the “Rights Agreement”);

The Corporation and the Rights Agent hereby agree that the Rights Agreement is amended at the Corporation’s direction as follows:

1.

Amendment of Rights Agreement.  The definition of “Acquiring Person” as set forth in Section 1(a) of the Rights Agreement shall be and it hereby is amended to insert the following at the end of the first sentence thereof, effective as of the 6th day of March 2013:

; provided however that none of Starboard Value and Opportunity Master Fund LTD or any of the other entities or persons listed on Attachment A to this Agreement or any of their respective Affiliates or Associates (collectively, “Starboard”) shall be deemed to be an Acquiring Person so long as none of Starboard or any of its Affiliates or Associates beneficially owns more than the greater of 17% of the outstanding shares of Common Stock or 8,390,971 shares of Common Stock, in each case in the aggregate.  

2.

Ratification of Rights Agreement.  Except as otherwise expressly set forth in paragraph 1, the Rights Agreement is hereby ratified and confirmed and remains in full force and effect as originally entered into as of October 21, 1998, and amended as of August 22, 2000.

IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed and attested, all as of the day and year first above written.

* * * * *

[Signature Page Follows]









-1-















WAUSAU PAPER CORP.

By:

SHERRI L. LEMMER

Sherri L. Lemmer  

Senior Vice President and  

Chief Financial Officer




Attest:

By:

THERESA J. SELIGER

Theresa J. Seliger

Executive Assistant







CONTINENTAL STOCK TRANSFER &

TRUST COMPANY,

as Rights Agent




By:

JOHN W. COMER, JR.

Name:  John W. Comer, Jr.

Title:  Vice President




Attest:

By:

LESLIE A. DELUCA

Name:  Leslie A. Deluca

Title:  Vice President









-2-












ATTACHMENT A

Starboard

STARBOARD VALUE AND OPPORTUNITY MASTER FUND LTD

STARBOARD VALUE AND OPPORTUNITY S LLC

STARBOARD VALUE LP

STARBOARD VALUE GP LLC

STARBOARD PRINCIPAL CO LP

STARBOARD PRINCIPAL CO GP LLC

JEFFREY C. SMITH

MARK MITCHELL

PETER A. FELD









-3-
EXHIBIT 10.16


 


Summary
of 2012 Cash Incentive Plan


 


The 2012 Cash Incentive Plan is a short-term
cash incentive plan applicable to certain of our executive officers, including our named executive officers, that was adopted for
the purpose of determining the cash bonuses that may be payable to our executive officers with respect to fiscal year 2012.


 


The target cash bonus amount for each executive
officer is set as a percentage of the officer’s base salary as determined by the Compensation Committee.


 


Cash bonuses will be earned based upon
the achievement of two Company performance targets, which are the same for each of the executive officers, and individual performance
targets, which are different for each executive officer.


 


The first Company performance target relates
to Company revenue in fiscal year 2012. The portion of the cash bonus payable to an executive officer with respect to the Company
revenue target component of the Cash Incentive Plan will be calculated by reference to the Company’s actual revenue in fiscal
year 2012 in relation to the revenue target.


 


The second Company performance target relates
to the Company’s cash and investment balance. The portion of the cash bonus payable to any executive officer with respect
to the Company cash and investment management target component of the Cash Incentive Plan is calculated by reference to the Company’s
actual cash and investments balance as of the end of fiscal year 2012 in relation to the targeted balance.


 


In the event that the Company does not
achieve a pre-established minimum revenue target for fiscal year 2012 and have a cash and investments balance of at least a pre-established
minimum amount as of the end of fiscal year 2012, then no cash bonus will be paid with respect to either the Company revenue target
component or the Company cash management target component.


 


The portion of the cash bonus payable to
any executive officer with respect to the individual performance target component of the Cash Incentive Plan is calculated by reference
to the particular executive officer’s achievement of his specified performance objectives.
<TABLE> <S> <C>


<ARTICLE>                       5
<CIK>                                                      0000884888
<NAME>                                           SUNPHARM CORPORATION
<MULTIPLIER>                                                        1
<CURRENCY>                                                        USD
       
<S>                                <C>
<PERIOD-TYPE>                                                   6-MOS
<FISCAL-YEAR-END>                                          DEC-31-1998
<PERIOD-START>                                             JAN-01-1998
<PERIOD-END>                                               JUN-30-1998
<EXCHANGE-RATE>                                                     1
<CASH>                                                        177,436
<SECURITIES>                                                2,079,143
<RECEIVABLES>                                                  18,732
<ALLOWANCES>                                                        0
<INVENTORY>                                                         0
<CURRENT-ASSETS>                                            2,409,210
<PP&E>                                                         45,720
<DEPRECIATION>                                                 14,244
<TOTAL-ASSETS>                                              2,589,760
<CURRENT-LIABILITIES>                                         475,437
<BONDS>                                                             0
<PREFERRED-MANDATORY>                                               0
<PREFERRED>                                                         0
<COMMON>                                                          577
<OTHER-SE>                                                  2,113,746
<TOTAL-LIABILITY-AND-EQUITY>                                2,589,760
<SALES>                                                             0
<TOTAL-REVENUES>                                               47,093
<CGS>                                                               0
<TOTAL-COSTS>                                               1,095,946
<OTHER-EXPENSES>                                                    0
<LOSS-PROVISION>                                                    0
<INTEREST-EXPENSE>                                                  0
<INCOME-PRETAX>                                            (1,048,853)
<INCOME-TAX>                                                        0
<INCOME-CONTINUING>                                        (1,048,853)
<DISCONTINUED>                                                      0
<EXTRAORDINARY>                                                     0
<CHANGES>                                                           0
<NET-INCOME>                                               (1,048,853)
<EPS-PRIMARY>                                                   (0.18)
<EPS-DILUTED>                                                       0
        

</TABLE>
cphi10kex102123112.htm


Exhibit 10.2


 


 



	 	 











Re: Service about being independent director, Chairman of the Nominating and Compensation Committee, and member of the Audit Committee of China Pharma Holdings, Inc.








December 24, 2012







Dear Mr. Yingwen Zhang,







On behalf of the Board of Directors and the Company, I am pleased to welcome you to join the Board of the China Pharma Holdings, Inc. as an independent director, Chairman of the Nominating and Compensation Committee, and member of the Audit Committee. I look forward to working with you. Your starting date will be the date of the board approves your engagement and your engagement for this term will end on the date of the next annual shareholders meeting.







Your compensation will consist of the following:



	
1)  

	
A retainer of RMB 40,000 per year, payable quarterly within 5 days of the end of the quarter;












If you agree to the terms and conditions stated above, please sign and date this letter below.







I look forward to working with you and sincerely hope that your service will be enjoyable and rewarding.







Sincerely

















Chairman of the Board


China Pharma Holdings, Inc.












Response:


This letter correctly sets forth the understanding of Mr. Yingwen Zhang.












By:      /s/ Yingwen Zhang







Date:
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Disaster Declaration # 11785 and # 11786]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 1.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of South Dakota (FEMA-1844-DR), dated 06/16/2009.

*Incident:*                         Severe Storms and Flooding.                    

*Incident Period:*                         03/11/2009 through 07/06/2009.                    

*Effective Date:*                         07/06/2009.                    

*Physical Loan Application Deadline Date:*                         08/17/2009.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         03/16/2010.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of South Dakota, dated 06/16/2009, is hereby amended to establish the incident period for this disaster as beginning 03/11/2009 and continuing through 07/06/2009.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,

Acting Associate Administrator for Disaster Assistance.

[FR Doc. E9-17120 Filed 7-16-09; 8:45 am]

BILLING CODE 8025-01-P
Exhibit 32.1

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

In connection with the accompanying Annual Report of Whittier Energy Corporation (the "Company") on Form 10-KSB/A (Amendment No. 1) for
the year ended December 31, 2004 (the "Report"), I, Bryce W. Rhodes, Chief Executive Officer of the Company, hereby certify that to my knowledge:



|      |  |                  |  | /s/BRYCE W. RHODES                     
|----- |  | ---------------- |  | ---------------------------------------
|Date: |  | December 8, 2005 |  | BRYCE W. RHODES Chief Executive Officer

---



QuickLinks
----

----

| Significant Active Subsidiaries                          |         |
|----------------------------------------------------------|--------------|
| Subs Name                                                | Country      |
| India 4Motion Broadband Wireless Network Private Limited | India        |
| Tadipol-ECI Sp.z.o.o**                                   | Poland       |
| Alvarion SARL*                                           | France       |
| Alvarion De Mexico SA                                    | Mexico       |
| Alvarion Inc                                             | USA          |
| Alvarion UK Ltd.                                         | UK           |
| Alvarion Srl                                             | Romania      |
| Alvarion Asia Pacific Ltd.                               | Hong Kong    |
| Alvarion do Brazil Telecomunicacoes Ltda.                | Brasil       |
| Alvarion Japan KK                                        | Japan        |
| Alvarion Telsiz Sistemleri Ticaret A.S.                  | Turkey       |
| Alvarion Israel (2003) Ltd.                              | Israel       |
| Alvarion Mobile Inc.                                     | USA          |
| Interwave Communications International SA                | France       |
| Alvarion Spain SL                                        | Spain        |
| Alvarion Philippines                                     | Philippines  |
| Kermadec Telecom B.V.                                    | Holland      |
| Alvarion Uruguay SA                                      | Uruguay      |
| Alvarion Singapore PTE LTD                               | Singapore    |
| Alvarion South Africa (Pty) Ltd                     | South Africa |
|  Alvarion Ltd., Taiwan Branch Preparatory Office*** | Taiwan       |
| Alvarion del Ecuador S.A.                                | Ecuador      |
| Alvarion Chile LIMITADA                                  | Chile        |
| Alvarion S.A.                                            | Argentina    |
| Alvarion Costa Rica S.A                                  | Costa Rica   |
| Alvarion Italy SRL                             | Italy        |
| Alvarion GmbH*                                           | Germany      |

| *Alvarion SARL and Alvarion GmbH are wholly-owned subsidiary of Alvarion UK LTD.is a wholly-owned subsidiary of Alvarion UK LTD.**Tadipol – ECI Sp.zoo is a wholly-owned subsidiary of Kermadec Telecom B.V.*** Alvarion Ltd., Taiwan Branch Preparatory Office is a wholly-owned branch of Alvarion Singapore PTE LTD. |   |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|

----

----
I 

108TH CONGRESS 

2D SESSION H. R. 5333

To replace a Coastal Barrier Resources System map relating to Coastal 

Barrier Resources System Grayton Beach Unit FL–95P in Walton County, Florida. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2004

Mr. MILLER of Florida introduced the following bill; which was referred to 

the Committee on Resources 

A BILL

To replace a Coastal Barrier Resources System map relating 

to Coastal Barrier Resources System Grayton Beach 

Unit FL–95P in Walton County, Florida.

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

3 SECTION 1. REPLACEMENT OF COASTAL BARRIER RE4 SOURCES SYSTEM MAP RELATING TO 

5 GRAYTON BEACH UNIT FL–95P IN WALTON 

6 COUNTY, FLORIDA. 

7 (a) IN GENERAL.—The map described in subsection 

8 (b) relating to the Coastal Barrier Resources System unit 

9 Grayton Beach Unit FL–95P, located in Walton County, 
2

•HR 5333 IH 

1 Florida, as included in the set of maps entitled ‘‘Coastal 

2 Barrier Resources System’’ referred to in section 4(a) of 

3 the Coastal Barrier Resources Act (16 U.S.C. 3503(a)), 

4 is hereby replaced by another map relating to that unit 

5 entitled ‘‘lll’’ and dated ‘‘llll’’. 

6 (b) REPLACED MAP DESCRIBED.—The map replaced 

7 under subsection (a) is subtitled ‘‘COASTAL BARRIER 

8 RESOURCES SYSTEM GRAYTON BEACH UNIT 

9 FL–95P DRAPER LAKE UNIT FL–96’’ and dated Oc10 tober 24, 1990. 

11 (c) AVAILABILITY.—The Secretary of the Interior 

12 shall keep the maps referred to in subsections (a) on file 

13 and available for inspection in accordance with the provi14 sions of section 4(b) of the Coastal Barrier Resources Act 

15 (16 U.S.C. 3503(b)).

Æ
Case 2:11-cv-04211-DMC -MF Document 85 Filed 10/25/11 Page 1 of 1 PageID: 2983
Table 31. Job-related work at home on primary job: All workers by marital status, presence and age 

(Numbers in thousands)

Total, 16 years and over.................. 136,602 20,673 15.1 16.2 49.3 33.7

Married, spouse present............ 77,243 14,623 18.9 16.4 48.1 34.6

Not married.............................. 59,359 6,050 10.2 15.7 52.2 31.5

Never married..................... 36,857 3,087 8.4 17.7 58.1 23.2

Other marital status............... 22,502 2,963 13.2 13.6 46.1 40.2

With own children under 18......... 50,011 8,584 17.2 17.4 47.5 34.0

 With own children under 6... 21,373 3,599 16.8 19.2 47.3 32.8

With no own children under 18...... 86,591 12,090 14.0 15.4 50.5 33.4

Total, 16 years and over.................. 64,185 9,893 15.4 17.8 51.4 29.4

Married, spouse present............ 33,750 6,509 19.3 18.2 48.8 31.4

Not married................................ 30,435 3,384 11.1 17.1 56.5 25.5

Never married..................... 16,754 1,522 9.1 19.2 66.2 12.7

Other marital status............... 13,681 1,862 13.6 15.3 48.6 35.9

With own children under 18......... 24,108 4,051 16.8 19.9 46.6 31.5

 With own children under 6... 9,331 1,614 17.3 23.4 42.6 32.6

With no own children under 18...... 40,077 5,842 14.6 16.3 54.8 27.9

Total, 16 years and over.................. 72,417 10,780 14.9 14.7 47.3 37.6

Married, spouse present............ 43,493 8,114 18.7 15.0 47.5 37.1

Not married................................ 28,924 2,666 9.2 13.9 46.8 39.1

Never married..................... 20,104 1,565 7.8 16.2 50.3 33.3

Other marital status............... 8,820 1,101 12.5 10.5 41.8 47.4

With own children under 18.......... 25,903 4,533 17.5 15.1 48.4 36.3

 With own children under 6... 12,042 1,986 16.5 15.8 51.0 33.0

With no own children under 18...... 46,514 6,247 13.4 14.5 46.5 38.6

 

of children, sex, and pay status, May 2004

Characteristic Total 

employed 3

Persons who usually worked at home 1

Total Rate

Percent distribution by class of worker 2

Wage and salary Selfemployed 4

Paid Unpaid

Total

Women

Men

1 Persons who usually work at home are defined as

those who work at home at least once per week as part

of their primary job. 2 Unpaid family workers and wage and salary workers

who did not report pay status are included in total but not

shown separately. 3 Includes persons who did not provide information on

work at home. 

4 Includes both the incorporated and unincorporated

self-employed.

NOTE: Data refer to employed persons in

nonagricultural industries. Own children include sons,

daughters, stepchildren, and adopted children. Not

included are nieces, nephews, grandchildren, and other

related and unrelated children.

SOURCE: Work at home supplement to the Current

Population Survey, last conducted in May 2004, U.S.

Department of Labor, U.S. Bureau of Labor Statistics.

 

86
**Exhibit 32.1**

**CEO CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of Focus Enhancements, Inc.(the “Company”) on Form 10-Q for the period ended June 30, 2006, as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, Brett Moyer, President and Chief Executive Officer of the Company, certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 ofthe Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

(1)   The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of1934; and

(2)   The information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the Company.
| /s/Brett A. Moyer       |   |
|-------------------------|--------|
|                    |
| Brett A. Moyer          |
| Chief Executive Officer |
| August 14, 2006         |

 

----
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

LYDELL C. SMITH, 

Plaintiff-Appellant,

v.  No. 01-2457

J. B. HUNT TRANSPORT,

INCORPORATED,

Defendant-Appellee. 

Appeal from the United States District Court

for the District of Maryland, at Baltimore.

Marvin J. Garbis, District Judge.

(CA-01-1729-MJG)

Submitted: September 10, 2002

Decided: October 9, 2002

Before MOTZ, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

COUNSEL

C. William Michaels, Baltimore, Maryland; Norris C. Ramsey, NORRIS C. RAMSEY, P.A., Baltimore, Maryland, for Appellant. Roger

D. Meade, Traci L. Burch, LITTLER MENDELSON, P.C., Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 

OPINION

PER CURIAM: 

On June 13, 2001, Lydell C. Smith filed this action pursuant to the

Americans with Disabilities Act, 42 U.S.C.A. §§ 12101-12213 (West

1999 & Supp. 2002). The district court dismissed his complaint, finding that Smith received his notice of right to sue from the Equal

Employment Opportunity Commission (EEOC) on March 12, 2001,

and so failed to file his complaint within ninety days as required by

federal law. See 29 U.S.C.A. § 626(e) (West 1999). Smith appeals,

and we affirm. 

After Smith’s former employer, J.B. Hunt Transport, Inc., moved

to dismiss Smith’s complaint on timeliness grounds and Smith filed

a reply asserting that he did not receive the right to sue letter until

March 16, 2001 and so did timely file suit, the district court set the

case in for an evidentiary hearing on this issue. No party objected to

this procedure. Rather Smith and J.B. Hunt appeared and offered evidence at the hearing supporting their respective positions. 

The district court carefully considered this evidence and then specifically found that Smith was not a credible witness, that Smith’s

notation on his calender that he received the notice at issue on March

16 was a "fabrication" added "after the fact in order to bolster a

story," and that the objective facts and preponderance of the evidence

demonstrated that Smith received the right to sue notice on March 12,

2001. 

Ample evidence supports the district court’s determination that

Smith received the notice of right to sue on March 12, 2001; accordingly, the court did not clearly err in so finding. See Mylan Laboratories, Inc. v. Akzo, 2 F.3d 56, 60 (4th Cir. 1993). We dispense with oral

argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid

the decisional process. 

AFFIRMED

2 SMITH v. J. B. HUNT TRANSPORT