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



 Exhibit 10.1 
 



 
 December 19, 2011 
 Pilgrim’s Pride Corporation 
 1770 Promontory Circle 

Greeley, Colorado 80634-9038 
 Subject:
Participation by JBS USA Holdings, Inc. (“JBS USA”) in the rights offering of Pilgrim’s Pride Corporation (the “Company”). 
 Ladies and Gentlemen: 
 This letter agreement is delivered to you in connection
with the rights offering to be conducted by the Company on terms previously approved by the Audit Committee of the Company’s Board of Directors, whereby each holder of common stock of the Company would receive a share purchase right for each
share of common stock of the Company entitling the holder to purchase one share of common stock of the Company at a price of $4.50 per share (the “Rights Offering”). In connection with the Rights Offering, JBS USA agrees that it will fully
exercise its basic and over-subscription rights with respect to all shares of common stock of the Company held by JBS USA as described in, and in accordance with the terms (including as subsequently amended with the consent of JBS USA) of, the
prospectus included in the registration statement filed on Form S-3 on the date of this letter with the U.S. Securities and Exchange Commission registering the shares issued in connection with the Rights Offering. This letter agreement and the
obligations of JBS USA hereunder will automatically be terminated without notice or action of any the Company if either the Rights Offering is canceled or terminated by the Company in accordance with such prospectus or the Rights Offering is not
consummated on or prior to March 24, 2012. 
 This letter agreement will be governed by, and construed and enforced in
accordance with, the internal laws of the State of Delaware without regard to principles of conflicts of laws. This letter agreement may be amended by a written instrument executed by each of the parties hereto. This letter agreement may be executed
in any number of counterparts, each of which shall be enforceable against the parties actually executing such counterparts, and all of which together shall constitute one instrument. 

[Signature page follows.] 







 



 
 The parties hereby execute this letter agreement effective as of the date first written above.

  

			
	JBS USA HOLDINGS, INC.
		
	By:	 	/s/ André Nogueira de Souza
	 Name: André Nogueira de Souza
 Title: Chief Financial Officer



  

			
	 ACCEPTED AS OF THE DATE
 FIRST WRITTEN ABOVE.

	
	PILGRIM’S PRIDE CORPORATION
		
	By:	 	/s/ Fabio Sandri
	 Name: Fabio Sandri

Title: Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-END>                               DEC-31-1996
<CASH>                                      28,792,103
<SECURITIES>                                         0
<RECEIVABLES>                                3,948,383
<ALLOWANCES>                                    95,000
<INVENTORY>                                  1,379,270
<CURRENT-ASSETS>                            37,831,403
<PP&E>                                       4,081,129
<DEPRECIATION>                               1,468,362
<TOTAL-ASSETS>                              41,446,764
<CURRENT-LIABILITIES>                        6,838,646
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       107,959
<OTHER-SE>                                  34,651,405
<TOTAL-LIABILITY-AND-EQUITY>                41,446,764
<SALES>                                      2,479,585
<TOTAL-REVENUES>                             9,504,581
<CGS>                                        1,257,807
<TOTAL-COSTS>                                2,027,139
<OTHER-EXPENSES>                             6,077,243
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              50,183
<INCOME-PRETAX>                              1,732,988
<INCOME-TAX>                                   343,597
<INCOME-CONTINUING>                          1,400,199
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,389,391
<EPS-PRIMARY>                                     0.11
<EPS-DILUTED>                                     0.11
        

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

<ARTICLE> 5
<MULTIPLIER> 1000

<S>                                     <C>
<PERIOD-TYPE>                           9-MOS
<FISCAL-YEAR-END>                       DEC-31-2000
<PERIOD-START>                          JAN-01-2000
<PERIOD-END>                            SEP-30-2000
<CASH>                                         202
<SECURITIES>                                     0
<RECEIVABLES>                                8,664   <F1>
<ALLOWANCES>                                   100
<INVENTORY>                                      0
<CURRENT-ASSETS>                                 0
<PP&E>                                     109,609
<DEPRECIATION>                               4,465
<TOTAL-ASSETS>                             123,184
<CURRENT-LIABILITIES>                            0
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                         8
<OTHER-SE>                                  12,369
<TOTAL-LIABILITY-AND-EQUITY>               123,184
<SALES>                                     73,378
<TOTAL-REVENUES>                            77,313
<CGS>                                       75,221   <F2>
<TOTAL-COSTS>                               76,034
<OTHER-EXPENSES>                            15,207   <F3>
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                           5,317
<INCOME-PRETAX>                            (19,245)
<INCOME-TAX>                                 3,590
<INCOME-CONTINUING>                        (15,655)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                             18,044
<CHANGES>                                        0
<NET-INCOME>                                 2,389
<EPS-BASIC>                                 .290
<EPS-DILUTED>                                 .290
<FN>
<F1> Receivables are comprised of due from tax credit partnerships, construction
     contracts  receivables,  ntoes  receivable  and  due  from related parties.
<F2> Cost  of  goods  sold  is  comprised of cost of construction, cost of homes
     sold,  impairment of homes under development, cost of commercial properties
     and  cost  of  land  sold.
<F3> Other  expenses are comprised of general and administrative, goodwill write
     down  and  depreciation  and  amortization  expenses.


</TABLE>
EX-31 Rule 13a-14(d)/15d-14(d) Certification.
  I, Anthony Sfarra, certify that:
  1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of the Wells Fargo Commercial Mortgage Trust 2013-LC12 (the “Exchange Act periodic reports”);
  2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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 report;
  3. Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;
  4. Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements in all material respects; and
  5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.
  In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: CoreLogic Commercial Real Estate Services, Inc. as Vendor for Wells Fargo Bank, N.A. as Master Servicer, National Tax Search, LLC as Vendor for Wells Fargo Bank, N.A. as Master Servicer, Park Bridge Lender Services LLC as Trust Advisor, Pentalpha Surveillance, LLC as Trust Advisor for the White Marsh Mall Pari Passu Loan Combination, Rialto Capital Advisors, LLC as Special Servicer, Rialto Capital Advisors, LLC as Special Servicer for the White Marsh Mall Pari Passu Loan Combination, Wells Fargo Bank, N.A. as Custodian and Wells Fargo Bank, N.A. as Custodian for the White Marsh Mall Pari Passu Loan Combination.
  Dated:   August 29, 2014
   /s/ Anthony Sfarra
 Signature
  President
 (senior officer in charge of securitization of the depositor)
<PAGE>
 
                                 EXHIBIT 11.1

                      AWARD SOFTWARE INTERNATIONAL, INC.
                      COMPUTATION OF NET INCOME PER SHARE
                    (IN THOUSANDS EXCEPT PER SHARE AMOUNTS)
                                  (UNAUDITED)

<TABLE> 
<CAPTION> 

                                                                 THREE MONTHS ENDED                       NINE MONTHS ENDED
                                                                    September 30,                           September 30,
                                                                1997           1996                   1997                 1996
                                                       --------------      --------------        --------------        -------------
<S>                                                      <C>                 <C>                   <C>                   <C>
Weighted average common shares                                6,910               5,248                   6,857            5,248
Weighted average common equivalent shares                       798                 791                     857              811
                                                       --------------      --------------        --------------        -------------
Total weighted average common and common
 equivalent shares                                            7,708               6,039                  7,714             6,059
                                                       ==============      ==============        ==============        =============

Net income                                                   $1,128              $  608                 $3,020            $1,711
                                                       ==============      ==============        ==============        =============

Net income per share                                         $ 0.15              $ 0.10                 $ 0.39            $ 0.28
                                                       ==============      ==============        ==============        =============

</TABLE> 

NET INCOME PER SHARE    

  Net income per share is computed using the weighted average number of common
and common equivalent shares, when dilutive, from stock options and warrants
(using the treasury stock method). Pursuant to a Securities and Exchange
Commission Staff Accounting Bulletin, common and common equivalent shares (using
the treasury stock method and the public offering price) issued by the Company
within 12 months prior to the Company's initial public offering filing have been
included in the calculation as if they were outstanding for all periods through
the effective date of the Company's initial public offering.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF DAISYTEK INTERNATIONAL CORPORATION AND SUBSIDIARIES FOR
NINE MONTHS ENDED DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS. THE AMOUNTS HAVE BEEN RETROACTIVELY
RESTATED FOR THE CUMULATIVE EFFECT OF ACCOUNTING CHANGE.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-END>                               DEC-31-1998
<CASH>                                             499
<SECURITIES>                                         0
<RECEIVABLES>                                  129,837
<ALLOWANCES>                                     2,600
<INVENTORY>                                    115,336
<CURRENT-ASSETS>                               247,034
<PP&E>                                          36,810
<DEPRECIATION>                                  19,172
<TOTAL-ASSETS>                                 291,362
<CURRENT-LIABILITIES>                           96,974
<BONDS>                                         41,178
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           171
<OTHER-SE>                                     153,174
<TOTAL-LIABILITY-AND-EQUITY>                   291,362
<SALES>                                        668,247
<TOTAL-REVENUES>                               668,247
<CGS>                                          588,211
<TOTAL-COSTS>                                  588,211
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 1,885
<INTEREST-EXPENSE>                               2,258
<INCOME-PRETAX>                                 25,296
<INCOME-TAX>                                     9,596
<INCOME-CONTINUING>                             15,700
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                        (405)
<NET-INCOME>                                    15,295
<EPS-BASIC>                                       0.90
<EPS-DILUTED>                                     0.86


</TABLE>
Directors' Compensation Summary



 Exhibit 10.7 
 Director Compensation Summary 
 Officers, employees or paid consultants and
advisors of our general partner or its affiliates who also serve as our directors will not receive additional compensation for their service as our directors. Effective as of the closing of the offering, each non-employee director will receive an
annual retainer of $60,000, paid in quarterly installments. Each non-employee director will additionally receive an initial grant of the number of restricted units having a grant date fair value of approximately $60,000 following the closing of the
offering, subject to the terms and vesting schedules set forth in the applicable grant documents. Each non-employee director will also receive an annual grant, effective on the anniversary date of such director’s appointment to the board of
directors of our general partner, of the number of restricted units having a grant date fair value of approximately $60,000, subject to the terms and vesting schedules set forth in the applicable grant documents. Further, each non-employee director
serving as a chairman or a member of a committee of the board of directors of our general partner will receive an annual retainer of $10,000 or $5,000, respectively, paid in quarterly installments. All directors will receive reimbursement for
out-of-pocket expenses associated with attending meetings of the board of directors of our general partner or serving on committees. Each director and officer will receive liability insurance coverage and be fully indemnified by us for actions
associated with being a director to the fullest extent permitted under Delaware law.
#### GEORGE R. JANEWAY v. JOSEPH SKERRITT.

1. TYlien, upon the trial day, the defendant moves to nonsuit the plaintiff because tlie costs of two former suits for tlie same cause of action have not been paid, and the defendant offers to pay the costs forthwith, and the defendant is not prepared with his bills of costs or to. show tlie amount of costs due, he is not entitled to a judgment of nonsuit.

2. The statement of counsel in a justice’s court, made several months after the trial, and when he had ceased to represent his client, cannot bind the client.

On *certiorari*to a justice of tlie peace of the county of Hudson.

For the plaintiff, *C. H. Winfield.*

For the defendant, --— --.

The opinion of the court was delivered by

Brown, J.

This case was submitted on written briefs* It appears that, upon the day to which the trial of this cause was adjourned, the defendant below moved to nonsuit the plaintiff, upon the ground that the costs of two former suits for the same cause of action had not been paid. The justice refused to nonsuit for this cause. In answer to a rule of this court, the justice certifies that the defendant moved for a nonsuit, and not for a stay of proceedings; that there was no certified copy of costs of former suit presented in court, and that the counsel for the plaintiff below sent out for gold in exchange for bills, held it in his hands, and asked counsel for the defendant below to produce liis bill of costs, and that lie was ready to pay it: and further, that there was no demand for any certain amount made by counsel of defendant below. If tlie matters stated in this certificate are true, tlie defendant was not entitled to judgment of nonsuit. If Skerritt was ready to pay the costs due Janeway, when notified of the amount, and payment demanded, no more could be *98required of him. If Janeway, or his counsel, on being informed that Skerritt was ready to pay, did not inform him what amount he required, the fault lay with him, Janeway. But the plaintiff here insists that the statements of the justice are not true, and he relies upon a letter from Mr. Jelliffe, the counsel of Skerritt in the court below, to prove it. This letter is dated March 12th, 1862, several months after the *certiorari*was returned, and after Mr. Jelliffe ceased to represent Skerritt in this case. Mr. Jelliffe could not then bind his former client by any statement or admission. The letter can only be considered as the declaration of an agent after his agency has ceased. It is not legal evidence. The plaintiff here must therefore fail, because the reason assigned for the reversal of the judgment is not sustained in fact.

Judgment affirmed.
EXHIBIT 32.2

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 Houghton Mifflin Harcourt Companys (the Company) Annual Report on Form 10-K for the year ended December 31, 2013, as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Eric L. Shuman, Executive Vice President and Chief Financial 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 (15 U.S.C. 78m or 78o(d)); and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: March 27, 2014



By:

/s/ Eric L. ShumanEric L. ShumanExecutive Vice President and Chief Financial Officer
Exhibit 32.1

Certification
of Chief Executive Officer

Pursuant to

Section 906
of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)



In connection
with this Annual Report on Form 10-K (the “Report”) of CM Finance Inc (the “Registrant”), as filed with
the Securities and Exchange Commission on the date hereof, I, Michael C. Mauer, the Chief Executive Officer of the Registrant,
hereby certify, to the best of my knowledge, that:



(1)
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended;
and



(2)
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations
of the Registrant.



| |       |  |                              
| | ----- |  | -----------------------------
| |       |  | /s/  Michael
        C. Mauer
| | Name: |  | Michael C. Mauer             
| | Date: |  | August 30, 2016
EXHIBIT 99.1





SPEEDCOM Wireless Corporation





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 Quarterly Report of SPEEDCOM Wireless Corporation (SPEEDCOM) on Form 10-QSB for the
period ending September 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael Sternberg, Chief Executive Officer of SPEEDCOM, certify, pursuant to 18 U.S.C. ss.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 SPEEDCOM.





/s/    MICHAEL
STERNBERGMichael Sternberg Chief Executive Officer and Director





November 5, 2002
United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

June 23, 2006

Before

Hon. JOHN L. COFFEY, Circuit Judge

Hon. DANIEL A. MANION, Circuit Judge

Hon. DIANE P. WOOD, Circuit Judge

No. 04-1349

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

DONALD EDWARDS,

Defendant-Appellant.

Appeal from the United States District

Court for the Central District

of Illinois

No. 02-40143-001

Joe Billy McDade, 

Judge.

O R D E R

Donald Edwards was sentenced to 248 months’ imprisonment for violations of

21 U.S.C. § 841(a)(1), 18 U.S.C. § 924(c), and § 922(g)(1). He appealed, arguing that

the district court plainly erred by sentencing him under the formerly mandatory

guideline regime. See United States v. Booker, 543 U.S. 220 (2005). We remanded

to ask whether the district court judge would have imposed a different sentence had

he known that the guidelines were advisory. See United States v. Paladino, 401

F.3d 471, 481 (7th Cir. 2005). He answered that he would. Thus, we VACATE

Edwards’ sentence and REMAND for resentencing.

UNPUBLISHED ORDER

Not to be cited per Circuit Rule 53