alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10-11.htm


    
      

    

    Exhibit 10.11

     

    

     

    December
16, 2008

     

    Memorandum

     

    
      	 
      	 
      
	
              To:

            	
              Mr.
      Jerry Boles

            
	 
      	
              Vice
      President

            
	
              From:

            	
              Curtis
      Garner, CFO

            
	
              Re:

            	
              Otelco
      Employment Agreement and IRS Section 409A
  Compliance

            


    

     

    Dear
Jerry:

     

    In order
to comply with recent changes to the final Treasury Regulations issued under
Internal Revenue Code Section 409A, your employment agreement must be amended by
December 31, 2008. By amending the agreement as described below, any
severance payments under the agreement will be exempt from the 409A deferred
compensation rules. In order to avoid the application of these rules, your
agreement must be amended to specifically state that any severance to be paid
must be paid no later than March 15 of the year following your termination.
Currently, the agreement does not specify that the amounts will be paid within a
certain time period. By making this change, your agreement will comply with the
rules under 409A that make it exempt from their application. I have attached a
copy of your current agreement for your reference. Failure to amend the
agreement by December 31, 2008, to be exempt from 409A, could result in the
amounts being subject to a 20% penalty tax.

     

    Please
sign and return to me by December 31, 2008, this letter evidencing your
agreement with the following amendment to your employment
agreement:

     

    Section
5(a)(iii) is amended to read as follows: “The Company shall pay to the Employee
a lump sum in the amount of one-half (1/2) of his Annual Base Salary within six
(6) months following termination but not later than March 14 of the calendar
year following termination; and”

    
      
        	 
      	 
      
	 
      	
                Otelco
      Inc.

              
	 
      	
                /s/
      Curtis L. Garner

              
	 
      	
                Curtis
      L. Garner, Chief Financial
Officer

              


      

    

     

    I hereby
agree to the above amendment to my employment agreement.

    
      	 
      	 
      	 
      
	
              /s/
      Jerry C. Boles

            	 
      	
              December
      17, 2008

            
	
              Jerry
      C. Boles
<TABLE> <S> <C>

<ARTICLE>   BD
<LEGEND> This schedule contains summary information extracted from The Ziegler
         Companies, Inc. and subsidiaries financial statements and qualified
         in its entirety by reference to such statements
</LEGEND>
       
<S>       <C>
<PERIOD-TYPE>                          YEAR
<FISCAL-YEAR-END>                      DEC-31-1998
<PERIOD-END>                           DEC-31-1998
<CASH>                                                       7,037,183
<SECURITIES-RESALE>                                          4,753,125 
<RECEIVABLES>                                                  543,029
<SECURITIES-BORROWED>                                                0
<INSTRUMENTS-OWNED>                                        171,423,880
<PP&E>                                                      13,240,874
<TOTAL-ASSETS>                                             226,733,941     
<SHORT-TERM>                                                15,968,317    
<PAYABLES>                                                 100,591,918
<REPOS-SOLD>                                                31,040,000     
<SECURITIES-LOANED>                                                  0
<INSTRUMENTS-SOLD>                                           4,644,855
<LONG-TERM>                                                  5,679,686
<PREFERRED-MANDATORY>                                                0
<PREFERRED>                                                          0
<COMMON>                                                     3,544,030
<OTHER-SE>                                                  46,056,947
<TOTAL-LIABILITY-AND-EQUITY>                               226,733,941
<TRADING-REVENUE>                                                    0
<INTEREST-DIVIDENDS>                                         8,556,919
<COMMISSIONS>                                               21,696,458
<INVESTMENT-BANKING-REVENUES>                               32,140,627
<FEE-REVENUE>                                                6,841,618 
<INTEREST-EXPENSE>                                           6,577,250 
<COMPENSATION>                                              43,702,807 
<INCOME-PRETAX>                                            (4,565,688)
<INCOME-PRE-EXTRAORDINARY>                                 (2,840,788)
<EXTRAORDINARY>                                                      0
<CHANGES>                                                            0
<NET-INCOME>                                               (2,840,788)
<EPS-PRIMARY>                                                   (1.20)
<EPS-DILUTED>                                                   (1.20)
        


</TABLE>
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 59 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 59

To reject the final 5-year Outer Continental Shelf Oil and Gas Leasing 
 Program for fiscal years 2012 through 2017 of the Administration and 
   replace the plan with a 5-year plan that is more in line with the 
            energy and economic needs of the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2015

  Mr. Vitter introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
To reject the final 5-year Outer Continental Shelf Oil and Gas Leasing 
 Program for fiscal years 2012 through 2017 of the Administration and 
   replace the plan with a 5-year plan that is more in line with the 
            energy and economic needs of the United States.

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

SECTION 1. EXTENSION OF LEASING PROGRAM.

    (a) In General.--Subject to subsection (c), the Draft Proposed 
Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 issued by 
the Secretary of the Interior (referred to in this section as the 
``Secretary'') under section 18 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1344) shall be considered to be the final oil and gas 
leasing program under that section for the period of fiscal years 2015 
through 2020.
    (b) Final Environmental Impact Statement.--The Secretary is 
considered to have issued a final environmental impact statement for 
the program applicable to the period described in subsection (a) in 
accordance with all requirements under section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
    (c) Exceptions.--Lease Sales 214, 232, and 239 shall not be 
included in the final oil and gas leasing program for the period of 
fiscal years 2015 through 2020.
    (d) Eastern Gulf of Mexico Not Included.--Nothing in this section 
affects restrictions on oil and gas leasing under the Gulf of Mexico 
Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432).
                                 <all>
```
HOLLYER BRADY SMITH TROXELL
           BARRETT ROCKETT HINES & MONE LLP
                   551 Fifth Avenue
                  New York, NY 10176

                  Tel: (212) 818-1110
                  FAX: (212) 818-0494
             e-mail: wldbst@ix.netcom.com

                   February 20, 1997


Churchill Tax-Free Trust
380 Madison Avenue, Suite 2300
New York, New York  10017

Gentlemen:

     You have requested that we render an opinion to
Churchill Tax-Free Trust with respect to its only
series Churchill Tax-Free Fund of Kentucky the ("Fund")
with respect to the matters described in Rule 24f-
2(b)(1) under the Investment Company Act of 1940 (the
"1940 Act") which you are required to file with the
Securities and Exchange Commission (the "Commission")
together with a Rule 24f-2 Notice for the fiscal year
of the Fund ended December 31, 1996 (the "Notice").

     We have examined originals or copies, identified
to our satisfaction as being true copies, of those
corporate records of the Fund, certificates of public
officials, and other documents and matters as we have
deemed necessary for the purpose of this opinion.  We
have assumed without independent verification the
authenticity of the documents submitted to us as
originals and the conformity to the original documents
of all documents submitted to us as copies.

     Upon the basis of the foregoing and in reliance
upon such other matters as we deem relevant under the
circumstances, it is our opinion that the shares of the
Fund, the registration of which is made definite by the
accompanying Notice, were legally issued by the Fund,
are fully paid and are non-assessable to the extent set
forth in its prospectus and/or statement of additional
information forming part of its registration statement
under the Securities Act of 1933.

     We have not verified, are not passing upon and do
not assume any responsibility for the accuracy or
completeness of the statements contained in the Notice,
or for the propriety of the filing of the Notice with
the Commission.    

     This letter is furnished to you pursuant to your
request and to the requirements imposed upon you by
Rule 24f-2(b)(1) under the Act and is intended solely
for your use for the purpose of completing the filing
of the Notice with the Commission.  This letter may not
be used for any other purpose or furnished to or relied
upon by any other persons, or included in any filing
made with any other regulatory authority, without our
prior written consent. 

     We hereby consent to the filing of this opinion
with said Notice.

                            Very truly yours,
                           
                        HOLLYER, BRADY, SMITH, TROXELL,
                    BARRETT, ROCKETT, HINES & MONE LLP 

                              /s/ W.L.D. Barrett       
                          By:__________________________
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6290

RAY ANTHONY DORSEY,

Petitioner - Appellant,

versus

WILLIAM L. SMITH, Warden; ATTORNEY GENERAL OF

THE STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. William M. Nickerson, District Judge.

(CA-94-2662-WMN)

Submitted: July 23, 1996 Decided: August 6, 1996

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Clarence Freeman Stanback, Jr., Arlington, Virginia, for Appellant.

Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND,

Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant noted this appeal outside the thirty-day appeal

period established by Fed. R. App. P. 4(a)(1), failed to obtain an

extension of the appeal period within the additional thirty-day

period provided by Fed. R. App. P. 4(a)(5), and is not entitled to

relief under Fed. R. App. P. 4(a)(6). The time periods established

by Fed. R. App. P. 4 are "mandatory and jurisdictional." Browder v.

Director, Dep't of Corrections, 434 U.S. 257, 264 (1978) (quoting

United States v. Robinson, 361 U.S. 220, 229 (1960)). The district

court entered its order on August 31, 1995; Appellant's notice of

appeal was filed on February 2, 1996. Appellant's failure to note

a timely appeal or obtain an extension of the appeal period deprives this court of jurisdiction to consider this case. We therefore dismiss the appeal. 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.

DISMISSED
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 NATIONAL TECHNICAL SYSTEMS, INC. (the Company) on Form 10-K for the
period ending January 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, William McGinnis, 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, to my knowledge:



Dated: April 30, 2010



/s/ WILLIAM MCGINNIS William McGinnis, Chief Executive Officer
(Principal Executive Officer)


A
signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and
Exchange Commission or its staff upon request.

---



QuickLinks
**CERTIFICATION      PURSUANT TO**

**18      U.S.C. §1350,**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

|  | (1) | the                Quarterly Report on Form 10-QSB of StatSure Diagnostic Systems, Inc.                for                the quarter ended June 30, 2007 as filed with the Securities and                Exchange                Commission on the date hereof, fully complies with the requirements                of                Section 13(a) or 15(d), as applicable, of the Securities Exchange                Act of                1934; and |
|--|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  | (2) | the                information contained in the such Quarterly Report on Form 10-KSB                of                StatSure Diagnostic Systems, Inc. for the quarter ended June 30,                2007                fairly presents, in all material respects, the financial condition                and                results of operations of StatSure Diagnostic Systems,                Inc. |
|--|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/                Leo Ehrlich              |   |
|--------|---------------------------------------------|--------|
|   | Leo                Ehrlich                  |   |
|   | Chief                Financial Officer      |   |
|   | (principal                financial officer |   |
|   | and                duly authorized officer) |   |
<PAGE>

POWER OF ATTORNEY

I understand that the information I am furnishing to you herein
will be used by the Company in the preparation of its 2001 Proxy
Statement or its Annual Report to the SEC on Form 10-K for the
year ended December 31, 2000, or both.

If I am a nominee for director, I shall be deemed to have
consented, by virtue of executing this questionnaire, to being
named as such in the Proxy Statement and to serve if elected.  I
also understand that should I discontinue my principal position,
association or other identification that existed outside of the
Company at the time of my most recent election to the Board of
the Company, other than by reason of disability or retirement in
accordance with the policies relative to that position, I shall
tender my resignation as a director for consideration by the
Nominating Committee and the full Board promptly following the
date of my discontinuance of such position, association or
identification.  Further, should I consider any new or
additional association or affiliation, such as directorships or
similar positions by whatever title, with public or privately-
held commercial enterprises, or should any preexisting
association or affiliation substantially alter the nature of its
activities or purposes, I shall advise the Chairman of the
Board, and if there is no Chairman, the Chief Executive Officer
of the Company, so that any potential conflict of interest or
obligation, potential embarrassment to the Company, or possible
inconsistency with Company policies, values or standards may be
identified and assessed.

In addition, by signing this Questionnaire, I hereby appoint
William M. Piet, Howard Malovany and each of them as my full and
lawful Power of Attorney to sign on my behalf, after my review,
the Annual Report on Form 10-K to be prepared and filed with the
Securities and Exchange Commission for the year ended December
31, 2000.



Date		Signature
|                    |
|--------------------|
|                    |  |
| Date: June 6, 2013 |   |
|               | /s/ ROBERT A. KATZ |
|               | Robert A. Katz |
|               | Chief Executive Officer |

|                    |
|--------------------|
|                    |  |
| Date: June 6, 2013 |   |
|               | /s/ MICHAEL Z. BARKIN |
|               | Michael Z. Barkin |
|               | Executive Vice President and Chief Financial Officer |
## OF TEXAS
.AUSTXN. **‘ l%XAS**  78711

Honorable Carol S.Vance District Attorney Harris County.Courthouse Houston, Texas 77002 Dear Mr. Vance: Opinion No. H-1058 Re: Whether a list of "known shoplifters" can be circulated.

You have requested our opinion regarding the circulation of a list of "known shoplifters" by a retail merchants association. Prior to 1974, theTexas Penal Code prohibited the circulation of "anymalicious statement affecting the reputation of another" which conveyed the idea that the accused was guilty of apenal offense orwas "notoriously of bad or infamous character." Former Penal Code arts. 1269;.1275(4). The criminal libel lawswere omitted, however, from thepresent Penal Code. Thus, noportion of the Penal Code would appearto prohibit a retail merchants association from circulating a list of persons suspected of shoplifting. Neither are the blacklisting or anti-discrimination statutes, articles 5196-5207b, V.T.C.S., applicable to ,sucha situation, since they apply only to employees or former employees. On the other hand, to accuse falsely any person of criminal conduct~might beviewed by a court as libelous per seunder the Texas libel statute, article 5430,V.T.C.S., so as to give rise to a civil action'for damages. Be10 v. Fuller, 19 S.W. 616, 617 (Tex. 1892); Hornby v. Hunter, 385 S.W.Zd 473, 475-76 (Tex. Civ. App. -- Corpus Christi 1964, nowrit). See Annot., 29 A.L.R.3d 961 (1970);~Paulv. Davis, 424 U.S:693, 697 (1976) (injury toone's reputation by state officials does notviolate theFourteenth Amendment but would appear to give rise to a state claim fordefamation). Accordingly, it isour opinion that, although circulation of a list of "known shoplifters" by a retail merchant association would violate noprovision of state penal law, itmight give rise to.a civil action for defamation if it can be shown that the characterization was false.

P. 4347.

Honorable Carol,S.Vance - Page 2 (H-1058)

SUMMARY. Although,the circulation of a list of "known shoplifters" by a retail merchants associationswould appear toviolate no provision of Texas penal law, itmight givesrise to.a civil action fordamages on the basis.of either libel or invasion of,privacy if it can be shown that the characterization was false.

N L. HILL torney General of Texas APPROVED:

c. ROBERT HEATH, Chairman Opinion Committee jst

p. 4348
EXHIBIT 31.1      SECTION 302 CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, William J. Fossen, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Viking Capital Group,
Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact  necessary to make the statements
made, in light of the  circumstances  under which such statements were made, not
misleading with respect to the period covered by this quarterly report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included in this quarterly  report,  fairly present in all material
respects the financial  condition,  results of operations  and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4.  The  registrant's  other  certifying  officers  and  I are  responsible  for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
         a) Designed such  disclosure  controls and  procedures,  or caused such
disclosure  controls and  procedures to be designed  under our  supervision,  to
ensure that  material  information  relating to the  registrant,  including  its
consolidated subsidiaries,  is made known to us by others within those entities,
particularly during the period in which this report is being prepared;
         b) Evaluated the effectiveness of the registrant's  disclosure controls
and  procedures  and  presented  in  this  report  our  conclusions   about  the
effectiveness  of the disclosure  controls and procedures,  as of the end of the
period covered by this report based on such evaluation; and
         c)  Disclosed  in this report any change in the  registrant's  internal
control over financial  reporting  that occurred  during the  registrant's  most
recent fiscal  quarter (the  registrant's  fourth  fiscal  quarter in case of an
annual  report)  that  has  materially  affected,  or is  reasonably  likely  to
materially affect, the registrant's  internal control over financial  reporting;
and

5. The registrant's other certifying officers and I have disclosed, based on our
most recent  evaluation of internal  control over  financial  reporting,  to the
registrant's auditors and the audit committee of registrant's board of directors
(or persons performing the equivalent functions):
         a) All significant  deficiencies and material  weaknesses in the design
or operation of internal controls over financial  reporting which are reasonably
likely  to  adversely  affect  the  registrant's  ability  to  record,  process,
summarize and report financial information; and
         b) Any fraud,  whether or not  material,  that  involves  management or
other employees who have a significant role in the registrant's internal control
over financial reporting.


Date: May 7, 2004


/s/  William J. Fossen.
---------------------------
William J. Fossen
Chief Executive Officer



                                                                              23