alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
a5906561ex10-13.htm


    Exhibit
10.13

     

     

    
      FIRST
AMENDMENT

      TO

      VERSO
PAPER CORP.

      2008
INCENTIVE AWARD PLAN

       

      This First
Amendment to Verso Paper Corp. 2008 Incentive Award Plan (this “Amendment”) amends
the Verso Paper Corp. 2008 Incentive Award Plan (the “Plan”) as set forth
herein.  Capitalized terms used but not defined in this Amendment
shall have the meanings set forth in the Plan.

      


      Amendment to Section
12.1. Section 12.1 of the Plan is hereby amended and restated in its
entirety as follows:

      


      12.1           Administrator.  The
Compensation Committee (or another committee or a subcommittee of the Board
assuming the functions of the Committee under the Plan) shall administer the
Plan (except as otherwise permitted herein) and, unless otherwise determined by
the Board, shall consist solely of two or more Non-Employee Directors appointed
by and holding office at the pleasure of the Board, each of whom is intended to
qualify as a “non-employee director” as defined by Rule 16b-3 of the Exchange
Act or any successor rule, an “outside director” for purposes of
Section 162(m) of the Code and an “independent director” under the rules of
the New York Stock Exchange (or other principal securities market on which
shares of Common Stock are traded); provided, however, that any
action taken by the Committee shall be valid and effective, whether or not
members of the Committee at the time of such action are later determined not to
have satisfied the requirements for membership set forth in this Section 12.l or
otherwise provided in any charter of the Committee.  Except as may
otherwise be provided in any charter of the Committee, appointment of Committee
members shall be effective upon acceptance of appointment.  Committee
members may resign at any time by delivering written notice to the
Board.  Vacancies in the Committee may only be filled by the
Board.  Notwithstanding the foregoing, (a) the full Board, acting by a
majority of its members in office, shall conduct the general administration of
the Plan with respect to Awards granted to Non-Employee Directors and (b) the
Board or Committee may delegate its authority hereunder to the extent permitted
by Section 12.6.

       

      *  *  *  *  *

       

      I hereby
certify that this Amendment was duly approved and adopted by the Board of
Directors of the Company on December 31, 2008.

      


      Date:  December
31, 2008

       

       

       

      
        
          
            
              
                	 	 
	 	 	 
	
                         

                      	
                         

                      	      
                        /s/ Peter H.
  Kesser

                      
	 	 	      
                        Peter
      H. Kesser

                      
	 	 	      
                        Secretary
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS FOUND IN THE COMPANY'S REPORT ON FORM 10-QSB
FOR THE QUARTER ENDED MARCH 31, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                         575,211
<SECURITIES>                                         0
<RECEIVABLES>                                  234,690
<ALLOWANCES>                                    42,000
<INVENTORY>                                    458,520
<CURRENT-ASSETS>                             1,275,030
<PP&E>                                       1,348,452
<DEPRECIATION>                                 977,661
<TOTAL-ASSETS>                               1,903,689
<CURRENT-LIABILITIES>                        1,963,085
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  1,157,203
<COMMON>                                       305,435
<OTHER-SE>                                 (1,576,769)
<TOTAL-LIABILITY-AND-EQUITY>                 1,903,689
<SALES>                                        197,578
<TOTAL-REVENUES>                               197,578
<CGS>                                          252,700
<TOTAL-COSTS>                                  252,700
<OTHER-EXPENSES>                             1,071,456
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,405
<INCOME-PRETAX>                            (1,150,421)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,150,421)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,150,421)
<EPS-PRIMARY>                                   (0.04)
<EPS-DILUTED>                                   (0.04)
        

</TABLE>
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

SI Investments Corp., Sarbjit Kaur and Iqbal Kaur, Appellant s

No. 06

- 18

- 00044

- CV v.

RN Sweet I, LLC, Appellee Appeal from the County Court at Law No. 2 of Gregg County, Texas (Tr. Ct. No. 2017

- 1980

- CCL2 ). Memorandum Opinion delivered by Justice Moseley, Chief Justice Morriss and Justice Burgess participating.

As stated in the Court’s opinion of this date, we find that the joint motion of the parties to

dismiss the appeal by agreement should be gra nted. Therefore, we dismiss the appeal.

We further order that the appellant s , SI Investments Corp., Sarbjit Kaur a nd Iqbal Kaur,

pay all costs of this appeal.

RENDERED JULY 17, 2018

BY ORDER OF THE COURT JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk
Exhibit 32.1

CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as chief executive officer of SMTC Corporation (the Company), does hereby certify that to the undersigneds knowledge:

1) the Companys annual report on Form 10-K for the year ended December 31, 2006 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 Companys annual report on Form 10-K for the
year ended December 31, 2006 fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/ John CaldwellJohn CaldwellPresident and Chief Executive Officer




|Date: | April 2, 2007
|----- | -------------

A signed original of this written statement required
by Section 906 has been provided to SMTC Corporation and will be retained by SMTC Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
#### MENEFEE et al. v. FROST et al.

(Circuit Court, S. D. New York.

May 23, 1903.)

L Jurisdiction of Federal Courts—Diversity of Citizenship—Rearrangement of Parties.

A federal court is without jurisdiction on the ground of diversity of citizenship of a suit for an accounting under a written contract, where the defendants are all citizens of the same state, and one of them is a party to the contract on the same side as complainants, made a defendant only because he refused to join as a complainant.

¶ 1. Diverse citizenship as a ground of federal jurisdiction, see notes te Shipp v. Williams, 10 C. C. A. 249; Mason v. Dullagham, 27 C. C. A. 298.

See Courts, vol. 13, Cent. Dig. §§ 855, 862.

On Motion to Dismiss for Want of Jurisdiction.

Kneeland, Da Fetra & Glaze, for the motion.

J. M. Coleman, opposed.

DACOMBF,, Circuit Judge.

No federal question is involved, and jurisdiction can be entertained only by reason of diversity of citizenship. The complainants are citizens of Texas and Illinois. The three defendants are citizens of New York. It appears, however, that one of the defendants, Wilkinson, should be a party plaintiff, and is named as a defendant solely for the reason that he refuses to join in the bill. The suit is for an accounting upon a written contract in which the three plaintiffs and Wilkinson appear as parties of the first part, and the other two defendants as parties of the second part. The motion must be disposed of, therefore, as if the parties were rearranged as complainants and defendants in conformity to their respective interests in the controversy. When this is done, there will be found a citizen of New York on both sides of the controversy, and, on well-settled principles, this court has no jurisdiction.

Motion granted.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>           5
<MULTIPLIER>        1
       
<S>                       <C>
<Period Type>                 Year
<Fiscal Year End>             Dec-28-1996
<Period End>                  Dec-28-1996
<CASH>                                     1110297
<SECURITIES>                                     0
<RECEIVABLES>                               268254
<ALLOWANCES>                                 81942
<INVENTORY>                                  54029
<CURRENT-ASSETS>                           1514522
<PP+E>                                      127481
<DEPRECIATION>                              102253
<TOTAL-ASSETS>                             1730996
<CURRENT-LIABILITIES>                       108905
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                   1617617
<OTHER-SE>                                       0
<TOTAL-LIABILITY-AND-EQUITY>                 1622091
<SALES>                                     797144
<TOTAL-REVENUES>                            797144
<CGS>                                       632901
<TOTAL-COSTS>                               632901
<OTHER-EXPENSES>                            446735
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                               0
<INCOME-PRETAX>                           ( 230800)
<INCOME-TAX>                              (  69000)
<INCOME-CONTINUING>                       ( 161800)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                              ( 161800)
<EPS-PRIMARY>                             (    .13)
<EPS-DILUTED>                             (    .09)
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          43,163
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                  4,171,953
<CURRENT-ASSETS>                             4,215,116
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               4,215,116
<CURRENT-LIABILITIES>                          399,545
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   3,815,571
<TOTAL-LIABILITY-AND-EQUITY>                 4,215,116
<SALES>                                              0
<TOTAL-REVENUES>                                 1,012
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   823
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    189
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                189
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       189
<EPS-PRIMARY>                                     0.01
<EPS-DILUTED>                                     0.01
        

</TABLE>
Third District Court of Appeal

State of Florida 

Opinion filed November 15, 2023.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-640

Lower Tribunal No. 21-89 CC 

________________

Dawn E. Dubois, 

Appellant,

vs.

The Affiliati Network, Inc.,

Appellee.

An Appeal from the County Court for Miami-Dade County, Luis PerezMedina, Judge.

Dawn E. Dubois, in proper person.

Chane Socarras, PLLC, and Ruben E. Socarras (Boca Raton); The 

Law Office of Warren B. Kwavnick, PLLC, and Warren B. Kwavnick

(Pembroke Pines), for appellee.

Before EMAS, HENDON and GORDO, JJ. 

GORDO, J.
2

Dawn E. Dubois appeals a final judgment entered after a non-jury trial 

in favor of The Affiliati Network, Inc. and an order granting entitlement of 

attorney’s fees. 

As to the final judgment on appeal, we have jurisdiction pursuant to 

Florida Rule of Appellate Procedure 9.030(b)(1)(A) and we affirm the final 

judgment in all respects. See Applegate v. Barnett Bank of Tallahassee, 377 

So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the 

appellate court can not properly resolve the underlying factual issues so as 

to conclude that the trial court’s judgment is not supported by the evidence 

or by an alternative theory. Without knowing the factual context, neither can 

an appellate court reasonably conclude that the trial judge so misconceived 

the law as to require reversal.”); Zarate v. Deutsche Bank Nat’l Tr. Co. as 

Tr., 81 So. 3d 556, 558 (Fla. 3d DCA 2012) (“Where there is no record of the 

testimony of witnesses or of evidentiary rulings, and where a statement of 

the record has not been prepared . . . a judgment which is not fundamentally 

erroneous on its face must be affirmed.”). 

As to that portion of the appeal related to entitlement of attorney’s fees, 

we dismiss. See Low Key Ltd., Inc. v. Annesser, 128 So. 3d 35, 36 (Fla. 3d 

DCA 2012) (“As to the portion of the final judgment determining that the 

parties are entitled to attorney’s fees and costs but reserving jurisdiction to 
3

set the amount of the fees, we dismiss the appeal . . . as a non-final 

determination not yet ripe for appellate review.”). 

Affirmed in part; dismissed in part.
IV 

108TH CONGRESS 

1ST SESSION H. RES. 333

Providing amounts for further expenses of the Committee on Veterans’ Affairs 

in the One Hundred Eighth Congress. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2003

Mr. SMITH of New Jersey (for himself and Mr. EVANS) submitted the following resolution; which was referred to the Committee on House Administration 

RESOLUTION

Providing amounts for further expenses of the Committee 

on Veterans’ Affairs in the One Hundred Eighth Congress.

1 Resolved,

2 SECTION 1. AMOUNTS FOR COMMITTEE EXPENSES. 

3 For further expenses of the Committee on Veterans’ 

4 Affairs (hereafter in this resolution referred to as the 

5 ‘‘Committee’’) for the One Hundred Eighth Congress, 

6 there shall be paid out of the applicable accounts of the 

7 House of Representatives not more than $171,000. 

8 SEC. 2. SESSION LIMITATIONS. 

9 Of the amount specified in section 1—
2

•HRES 333 IH 

1 (1) not more than $69,000 shall be available for 

2 expenses incurred during the period beginning at 

3 noon on January 3, 2003, and ending immediately 

4 before noon on January 3, 2004; and 

5 (2) not more than $102,000 shall be available 

6 for expenses incurred during the period beginning at 

7 noon on January 3, 2004, and ending immediately 

8 before noon on January 3, 2005. 

9 SEC. 3. VOUCHERS. 

10 Payments under this resolution shall be made on 

11 vouchers authorized by the Committee, signed by the 

12 Chairman of the Committee, and approved in the manner 

13 directed by the Committee on House Administration. 

14 SEC. 4. REGULATIONS. 

15 Amounts made available under this resolution shall 

16 be expended in accordance with regulations prescribed by 

17 the Committee on House Administration.

Æ
[No. 54810-7-I.

Division One.

October 24, 2005.]

#### Oü Kullasadu Invest, *Appellant,*v. Mart Kask, *Respondent.*

Appeal from a judgment of the Superior Court for King County, No. 03-2-39401-7, James A. Doerty, J., entered July 26, 2004. *Reversed*by unpublished opinion per Grosse, J., concurred in by Agid, J.; Kennedy, J., indicated her concurrence prior to her death on September 16, 2005.
EXHIBIT 99.1:  CERTIFICATION PURSUANT TO
               SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

               (18 U.S.C. section 1350)


In accordance with the requirements of Section 906 of the Sarbanes-Oxley Act of
2002, each of the undersigned hereby certifies that to his respective knowledge:

1.       The Annual Report on Form 10-K/A for the year ending September 28, 2002
         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 this Report fairly presents, in all
         material respects, the financial condition and result operations of the
         Company.

Dated as of March 17, 2003


/s/ Philippe Lemaitre
---------------------
Philippe Lemaitre
President and Chief Executive Officer

/s/ Robert H. Fisher
---------------------
Robert H. Fisher
Vice President, Finance and Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                             150
<SECURITIES>                                         0
<RECEIVABLES>                                    5,606
<ALLOWANCES>                                       264
<INVENTORY>                                      9,257
<CURRENT-ASSETS>                                15,250
<PP&E>                                           9,849
<DEPRECIATION>                                   7,579
<TOTAL-ASSETS>                                  17,520
<CURRENT-LIABILITIES>                            4,335
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,215
<OTHER-SE>                                       7,170
<TOTAL-LIABILITY-AND-EQUITY>                    17,520
<SALES>                                         42,989
<TOTAL-REVENUES>                                42,989
<CGS>                                           36,187
<TOTAL-COSTS>                                   41,865
<OTHER-EXPENSES>                                   339
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 222
<INCOME-PRETAX>                                    785
<INCOME-TAX>                                        10
<INCOME-CONTINUING>                                775
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       775
<EPS-PRIMARY>                                      .19
<EPS-DILUTED>                                      .18
        

</TABLE>
H. Res. 105

In the House of Representatives, U.S.,

February 27, 2003.

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule

XVIII, declare the House resolved into the Committee of the

Whole House on the state of the Union for consideration of

the bill (H.R. 534) to amend title 18, United States Code,

to prohibit human cloning. The first reading of the bill shall

be dispensed with. All points of order against consideration

of the bill are waived. General debate shall be confined to the

bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the

Committee on the Judiciary. After general debate the bill

shall be considered for amendment under the five-minute

rule. The bill shall be considered as read. No amendment

shall be in order except those printed in the report of the

Committee on Rules accompanying this resolution. Each

amendment may be offered only in the order printed in the

report, may be offered only by a Member designated in the

report, shall be considered as read, shall be debatable for the
2

•HRES 105 EH

time specified in the report equally divided and controlled by

the proponent and an opponent, and shall not be subject to

amendment. All points of order against such amendments are

waived. At the conclusion of consideration of the bill for

amendment the Committee shall rise and report the bill to

the House with such amendments as may have been adopted.

The previous question shall be considered as ordered on the

bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without

instructions.

Attest:

Clerk.
**Exhibit
      23.1**


**Consent
      of Independent Registered Public Accounting Firm**




We
      consent to the incorporation by reference in the Registration Statements on
      Form
      S-8, No. 333-119370 and 33-60845, of Wilshire Enterprises, Inc. of our report,
      which includes an explanatory paragraph relating to an investigation by
      government authorities in which the Company is involved, dated April 27,
      2007, with respect to the consolidated financial statements and financial
      statement schedule of Wilshire Enterprises, Inc. included in its Annual Report
      on Form 10-K for the year ended December 31, 2006.







/s/
      J.H.
      Cohn LLP




Roseland,
      New Jersey


April
      30,
      2007
Exhibit 23.1


Consent of Independent Registered Public Accounting Firm





We consent to the incorporation by reference in the Registration Statements on Forms S-8, No. 333-119370 and No. 033-60845 of Wilshire Enterprises, Inc. of our report dated July 29, 2011, with respect to the consolidated financial statements and financial statement schedule of Wilshire Enterprises, Inc. as of December 31, 2010 and 2009 and for each of the three years in the period ended December 31, 2010 included in its Annual Report on Form 10-K for the year ended December 31, 2010.








/s/ J.H. Cohn LLPRoseland, New JerseyJuly 29, 2011
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA F OURTH D ISTRICT

JERMAINE E. JACKSON , Appellant,

v.

STATE OF FLORIDA , Appellee.

No. 4D 22

- 626

[ July 14, 2022 ]

Appeal of order denying rule 3.8 0 0 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Kirk Volker , Judge; L.T. Case No. 50

- 2008

- CF

- 003745

- AXXX

- MB

.

Jermaine E. Jackson

, Arcadia

, pro se

.
No appearance required for appellee.

P ER C URIAM

.
Affirmed.

M AY , C ONNE R and F ORST , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.