alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.8

 

	

    	
May 27,   2011
    


 

Florida East Coast Railway, LLC
  Summary of Employment Terms

 

	
Employee:
    	
 
    	
(“Employee”)
    
	
 
    	
 
    	
 
    
	
Title:
    	
 
    	
Vice President & General Counsel
    
	
 
    	
 
    	
 
    
	
Base Salary:
    	
 
    	
$190,000.00 per annum
    
	
 
    	
 
    	
 
    
	
Annual Discretionary Bonus
    	
 
    	
Commencing for the 2011 fiscal year (Paid in the first quarter of   2012), a target bonus of 35% of base salary, subject to the discretion of   management of the Company. Any bonus will be paid in cash or partially in   cash and partially in restricted stock. Any receipt of restricted stock will   be subject to award agreements provided by the Company and signed by the   Employee. For 2011, the employee will be eligible for the full 35% target   bonus of base salary, without regard to the date the employee begins work   with the Company.
    
	
 
    	
 
    	
 
    
	
Additional Performance-Based Restricted Stock:
    	
 
    	
Additional restricted stock with a value equivalent to $100,000 (as   of the grant date) in each year below to the extent the Company achieves   EBITDA (earnings before interest, taxes, depreciation and amortization, and   excluding non-recurring items and gains or losses on asset sales) equal to or   greater than the levels contained in the table below:
    


 

	
For the fiscal year ended
   December 31,
    	
 
    	
EBITDA greater than
   or equal to:
    
	
2011
    	
 
    	
$
    	
92 million
    
	
2012
    	
 
    	
$
    	
106 million
    
	
2013
    	
 
    	
$
    	
129 million
    


 

	
 
    	
 
    	
Any receipt of restricted stock will be subject to award agreements   provided by the Company and signed by the Employee. For 2011, the employee   will be eligible for the full $100,000 value of the restricted stock, without   regard to the date the employee begins work with the Company.
    
	
 
    	
 
    	
 
    
	
Annual Stock Bonus Vesting:
    	
 
    	
To the extend annual discretionary bonuses are paid partially in   stock, shares awarded shall vest over three years (one-third per annum on   each successive anniversary of the date on which the stock portion of bonus   is awarded).
    


 

Summary of Employment Terms Acknowledgement

 

This will acknowledge that I have been provided the Summary of Employment Terms and that I understand and agree to the terms and conditions expressed herein. I further understand that this Summary of Employment Terms and my acknowledgement does not guarantee continued employment and that employment with the Florida East Coast Railway, LLC, is on an at-will basis. Further, I acknowledge that nothing herein confers any severance or similar rights.

 

	
/s/ Robert B Ledoux
    	
 
    	
June 1, 2011
    	
 
    	
Start date June 27, 2011
    
	
Employee Signature
    	
 
    	
Date
    	
 
    	
/s/ Robert B Ledoux
    


 

Receipt of the attached term sheet does not constitute any guarantee of continued employment.
Exhibit 32.1

                            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 BNP Residential Properties, Inc. (the
"Company") on Form 10-K for the year ending December 31, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, D.
Scott Wilkerson, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

         (1) 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 results of operations of the
Company.




   /s/ D. Scott Wilkerson
D. Scott Wilkerson
President and Chief Executive Officer

February 23, 2004


                                       68
<PAGE>
##### 



Power of Attorney  Reports Under the Securities Exchange Act of 1934
   /s/ Donald E. Graham
    
    /s/ Melinda F. GatesDonald E. Graham, Chairman of the
Board and Chief Executive Officer
(Principal Executive Officer)
and Director
    
    Melinda F. Gates, Director/s/ John B. Morse, Jr.
    
    /s/ Thomas S. GaynerJohn B. Morse, Jr., Vice PresidentFinance
(Principal Financial and Accounting Officer)
    
    Thomas S. Gayner, Director/s/ Warren E. Buffet
    
    /s/ Ronald L. OlsonWarren E. Buffett, Director
    
    Ronald L. Olson, Director/s/ Christopher C. Davis
    
    /s/ Richard D. SimmonsChristopher C. Davis, Director
    
    Richard D. Simmons, Director/s/ Barry Diller
    
    /s/ George W. WilsonBarry Diller, Director
    
    George W. Wilson, Director/s/ John L. Dotson Jr.John L. Dotson Jr., Director
**EXHIBIT 32.1**

 

**CERTIFICATIONS**

 

This certification isprovided pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 andaccompanies the quarterly report on Form 10-Q (the “Form 10-Q”) forthe quarter ended June 30, 2008, of Valence Technology, Inc. (the “Issuer”).

 

I, Robert L. Kanode, thePrincipal Executive Officer of the Issuer, certify that to the best of myknowledge:

 
|                         |                                                                                                                     |   | (i)    | the Form 10-Q fully  complies with the requirements of Section 13(a) or  Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.  78m(a) or 78o(d)); and |   |
|------------------------------|--------------------------------------------------------------------------------------------------------------------------|--------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|                         |                                                                                                                     |   |   |                                                                                                                                                                                           |   |
|                         |                                                                                                                     |   | (ii)   | the information contained  in the Form 10-Q fairly presents, in all material respects, the  financial condition and results of operations of the Issuer.                                  |   |
| Dated: August 11,  2008 |                                                                                                                     |
|                         | /s/ Robert L. Kanode                                                                                                     |
|                         | Robert L. Kanode

President and Chief  Executive Officer

(Principal Executive  Officer and Principal Financial Officer) |
|                              |                                                                                                                          |        |        |                                                                                                                                                                                                |        |  |

 

----
Exhibit 32.1

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 Form 10-K of Microtune, Inc. (the Company) for the year ended December 31, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, James A. Fontaine, Chief Executive Officer of the Company, certify, 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/ JAMES A. FONTAINE                                                                
|James A. Fontaine Chief Executive Officer and President (Principal Executive
Officer)

Date: February 16, 2010
EXHIBIT 21

                            WELLCO ENTERPRISES, INC.
                         SUBSIDIARIES OF THE REGISTRANT



                                                            Percentage of Voting
                                Jurisdiction of              Securities Owned by
Name of Company                 Incorporation                   Immediate Parent
Wellco Enterprises, Inc.        North Carolina                        Registrant
Wholly-Owned Subsidiaries:
Ro-Search, Incorporated         North Carolina                              100%
Ro-Search International Inc.    Barbados, West Indies                   100% (1)
Mo-Ka Shoe Corporation          Delaware                                    100%


(1) Owned by Ro-Search, Incorporated.

All  of  the  Registrant's   wholly-owned   subsidiaries  are  included  in  the
consolidated financial statements.





                                      -11-

<PAGE>
from the delay. See Hart v. State, 116 Nev. 558, 563-64, 1 P.3d 969, 972 

(2000). Therefore, we conclude that the district court did not err in 

denying appellant's motion, and we 

ORDER the judgment of the district court AFFIRMED. 

le_441 

Hardesty 

tx-el 1 

Douglas 

aks,,t7 

Cherry 

cc: Hon. Valorie J. Vega, District Judge 

Brett Dagan Jones 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

SUPREME COURT 

OF 

NEVADA 2 

J. 

J. 

(0) 1947A (4400
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.                  

###### Department of the Treasury

###### Internal Revenue Service

          - 26 CFR Part 1
          - [TD 9777]
          - RIN 1545-BG41; 1545-BH38

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Correcting amendment.

# SUMMARY:

                        This document contains a correction to final regulations (TD 9777) that were published in the                         **Federal Register**                         on Monday, July 18, 2016 (81 FR 46582). The final regulations relate to the arbitrage restrictions under section 148 of the Internal Revenue Code applicable to tax-exempt bonds and other tax-advantaged bonds issued by State and local governments.                    

# DATES:

This correction is effective August 14, 2017 and applicable July 18, 2016.

# FOR FURTHER INFORMATION CONTACT:

Spence Hanemann at (202) 317-6980 (not a toll-free number).

# SUPPLEMENTARY INFORMATION:

## Background

The final regulations (TD 9777) that are the subject of this correction are under section 148 of the Internal Revenue Code.

## Need for Correction

As published, the final regulations (TD 9777) contain an error that may prove to be misleading and are in need of clarification.

# List of Subjects in 26 CFR Part 1

      - Income taxes
      - Reporting and recordkeeping requirements

## Correction of Publication

Accordingly, 26 CFR part 1 is amended by making the following correcting amendment:

# PART 1—INCOME TAXES

**Paragraph 1.**                         The authority citation for part 1 continues to read in part as follows:                    

Authority:26 U.S.C. 7805 * * *

§ 1.148-11

**Par. 2.**                         Amend § 1.148-11(k)(1) by adding “1.148-6(d)(3)(iii)(A);” before “1.148-6(d)(4)”.                    

Martin V. Franks,

Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration) .

[FR Doc. 2017-17135 Filed 8-11-17; 8:45 am]

 BILLING CODE 4830-01-P
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule  contains summary  financial  information  extracted from the
     Form 10-K audited  consolidated  balance  sheet as of December 31, 1998 and
     the audited consolidated  statement of earnings for the twelve month period
     ended  December  31, 1998 and and is qualified in its entirety by reference
     to such financials statements.
</LEGEND>
<CIK>                         0000105744                  
<NAME>                        Greenbriar Corporation
<MULTIPLIER>                                  1
<CURRENCY>                                     US DOLLARS   
       
<S>                             <C>
<PERIOD-TYPE>                   year
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   DEC-31-1998
<EXCHANGE-RATE>                                1
<CASH>                                         6,024
<SECURITIES>                                   0
<RECEIVABLES>                                  448
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               8,323
<PP&E>                                         101,744
<DEPRECIATION>                                 7,921
<TOTAL-ASSETS>                                 130,353
<CURRENT-LIABILITIES>                          7,802
<BONDS>                                        58,154
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    289
<COMMON>                                       76
<OTHER-SE>                                     29,724
<TOTAL-LIABILITY-AND-EQUITY>                   130,353
<SALES>                                        0
<TOTAL-REVENUES>                               53,521
<CGS>                                          0
<TOTAL-COSTS>                                  55,216
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             6,432
<INCOME-PRETAX>                                (10,602)
<INCOME-TAX>                                   1,896
<INCOME-CONTINUING>                            (8,706)
<DISCONTINUED>                                 (203)
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (8,909)
<EPS-PRIMARY>                                  (1.86)
<EPS-DILUTED>                                  0
        



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<TABLE> <S> <C>

                                                                   
<ARTICLE>      5

                                                                   
<S>                                                 <C>                                
<PERIOD-TYPE>                                                    3-MOS       
<FISCAL-YEAR-END>                                          DEC-31-1999
<PERIOD-START>                                             JAN-01-1999
<PERIOD-END>                                               MAR-31-1999
<CASH>                                                       2,440,620
<SECURITIES>                                                         0
<RECEIVABLES>                                                  858,855
<ALLOWANCES>                                                         0
<INVENTORY>                                                    851,321
<CURRENT-ASSETS>                                             4,581,366
<PP&E>                                                      25,911,040
<DEPRECIATION>                                              (5,616,187)
<TOTAL-ASSETS>                                              31,012,698
<CURRENT-LIABILITIES>                                        8,411,276
<BONDS>                                                     26,010,156
<PREFERRED-MANDATORY>                                                0
<PREFERRED>                                                        330
<COMMON>                                                       451,062
<OTHER-SE>                                                  (6,626,489)
<TOTAL-LIABILITY-AND-EQUITY>                                31,012,698
<SALES>                                                      3,694,573
<TOTAL-REVENUES>                                             3,694,573
<CGS>                                                        1,451,966
<TOTAL-COSTS>                                                4,450,926
<OTHER-EXPENSES>                                                     0
<LOSS-PROVISION>                                                     0
<INTEREST-EXPENSE>                                             659,128
<INCOME-PRETAX>                                             (2,558,020)
<INCOME-TAX>                                                         0
<INCOME-CONTINUING>                                         (2,558,020)
<DISCONTINUED>                                                       0
<EXTRAORDINARY>                                                      0
<CHANGES>                                                     (620,000)
<NET-INCOME>                                                (3,178,020)
<EPS-PRIMARY>                                                    (0.07)
<EPS-DILUTED>                                                    (0.07)
                                                     


</TABLE>
#### Martha L. ANGLIN, Plaintiff-Appellant v. CERES GULF INC; International Longshoremen’s Association, 1351; South Atlantic and Gulf Coast District Executive Board, International Longshoremen’s Association; West Gulf Maritime Association, Defendants-Appellees.

No. 12-20259

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 18, 2012.

Stephen Joseph Schechter, Attorney, Stephen J. Schechter, P.C., Boerne, TX, for Plaintiff-Appellant.

*255Scott Robert Breitenwischer, Nathan Allan Wesely, Royston, Rayzor, Vickery & Williams, L.L.P., Shareen D. Larmond, West Gulf Maritime Association, Eric H. Nelson, Houston, TX, for Defendants-Ap-pellees.

Before REAVLEY, JOLLY, and DAVIS, Circuit Judges.

*ON PETITION FOR REHEARING*

PER CURIAM: *

Plaintiff-Appellant’s petition for panel rehearing is GRANTED in light of this Court’s recent decision in *Ibarra v. United Parcel Service,*695 F.3d 354 (5th Cir. 2012). We withdraw our prior ruling with respect to Defendants-Appellees Ceres Gulf and West Gulf Maritime Association, and we now REVERSE that part of the district court’s judgment.

In *Ibarra,*this Court held that in order for a collective bargaining agreement (CBA) to “clearly and unmistakably” waive a union member’s right to a judicial forum for statutory discrimination claims, that CBA must “specifically identify” the relevant statute or otherwise “state that statutory discrimination claims shall be subject to the [CBA’s] grievance procedure.” 695 F.3d at 358. The CBA at issue here does not specifically identify the relevant statute, Title VII, nor does the CBA state that statutory discrimination claims shall be subject to its grievance and arbitration procedure. Therefore, in light of *Ibarra,*the CBA on its own cannot bar Anglin’s standing to file suit under Title VII against Ceres and WGMA.

There remains a factual question as to whether a Memorandum of Understanding (MOU) entered into between the Union and WGMA is binding on Anglin. The MOU specifically identifies Title VII, indicating *inter alia*that complaints brought under that statute are subject to the CBA’s grievance and arbitration provisions. Thus, if the MOU is binding on Anglin, the MOU and CBA together would appear to satisfy this Court’s requirements in *Ibarra.*However, Anglin has testified that the MOU was rejected by local union members and that its provisions were voluntary. Her testimony appears to be un-controverted. Further, the copy of the MOU provided in the trial record was never executed. In its Opinion on Motions for Summary Judgment, the district court discussed this question only in passing.

REVERSED IN PART and REMANDED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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.                  

###### Department of the Treasury

# DATES:

Written comments should be received on or before August 27, 2009 to be assured of consideration.

## Internal Revenue Service (IRS)

*OMB Number:*                     1545-1545.                

*Type of Review:*                     Extension.                

*Title:*                     REG-107644-97 (Final) Permitted Elimination of Preretirement Optional Forms of Benefit (TD 8769).                

*Description:*                     The regulation permits an amendment to a qualified plan that eliminates certain preretirement optional forms of benefit.                

*Respondents:*                     Businesses or other for-profits.                

*Estimated Total Burden Hours:*                     48,800 hours.                

*Clearance Officer:*                     R. Joseph Durbala, (202) 622-3634, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224.                

*OMB Reviewer:*                     Shagufta Ahmed, (202) 395-7873, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503.                

Celina Elphage,

Treasury PRA Clearance Officer.

[FR Doc. E9-17915 Filed 7-27-09; 8:45 am]

BILLING CODE 4830-01-P