alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Correction of Form of 2010 Grant Agreement


 Exhibit 10.48 
 CORRECTION OF FORM OF 2010 GRANT AGREEMENT TO EXECUTIVE OFFICERS 

PURSUANT TO THE CRYOLIFE, INC. 2007 EXECUTIVE INCENTIVE PLAN 

On October 26, 2010, the Compensation Committee of CryoLife, Inc.’s Board of Directors instructed management to correct the
Adjusted Net Income bonus calculation formula contained in the fiscal 2010 bonus grant agreements under CryoLife’s 2007 Executive Incentive Plan. The form of the grant agreement is filed as Exhibit 10.1 to CryoLife’s Quarterly Report on
Form 10-Q for the quarter ended March 31, 2010. All of CryoLife’s executed officers are parties to a fiscal 2010 bonus agreement. 
 As originally drafted and reported, the formula for the Adjusted Net Income portion of the bonus was as follows: 
 Adjusted Net Income is GAAP net income for fiscal 2010, exclusive of interest expense, interest income, stock compensation expense (other than stock compensation expense related to the bonus plan),
R&D expense (excluding salaries and related expenses), other income and expense, income taxes, and charges related to acquisitions. 
 It was the Committee’s intent when approving the fiscal 2010 Adjusted Net Income bonus formula that both the bonus formula, and the threshold, target and other budgeted Adjusted Net Income values
against which CryoLife’s Adjusted Net Income performance would be measured, should provide for consistent treatment of relevant revenues and expenses. Specifically, the Committee expected that budgeted grant revenues, which relate
primarily to funds advanced by the Department of Defense for R&D expense, would be included in both the formula and target values because the funds had already been received from the Department of Defense. In October 2010, it came to the
attention of the Committee that although budgeted grant revenues had been included in the target numbers, they had not been included in the formula to the extent that the related Research and Development costs had not also been
recognized. Because Research and Development costs are excluded from the formula, due to the control which management has over their incurrence, the Committee believes that this produced an unintended imbalance between the formula and the
target values. 
 As a result, the Committee instructed management to correct the formula to read as follows, in order to
include unrealized budgeted grant revenues: 
 Adjusted Net Income is GAAP net income for fiscal 2010, plus unrealized budgeted
grant revenues, exclusive of interest expense, interest income, stock compensation expense (other than stock compensation expense related to the bonus plan), R&D expense (excluding salaries and related expenses), other income and expense, income
taxes, and charges related to acquisitions.
EXHIBIT 4.0
                             SUPPLEMENTAL INDENTURE


     SUPPLEMENTAL   INDENTURE,   dated   as  of  June  30, 1997,   between   UIH
Australia/Pacific,  Inc, a Colorado  corporation  (the  "Company") and FirstStar
Bank of Minnesota, N.A., as trustee (the "Trustee").

     WHEREAS, the Company and the Trustee are parties to an Indenture,  dated as
of May 16, 1996 (the "Indenture");

     WHEREAS, in accordance with Section 9.02 of the Indenture,  the Company has
received the written  consent of Holders of majority in principal  amount of the
Securities  outstanding  as of the date  hereof  to  certain  amendments  to the
Indenture,  and in  accordance  therewith,  the  parties  desire  to  amend  the
Indenture as herein provided;

     WHEREAS,  capitalized  terms used in this  Supplemental  Indenture  without
being defined herein shall have the meanings given thereto in the Indenture;

     NOW THEREFORE, it is agreed:

     1.  Subsection  (v) of Section 4.11 of the  Indenture is hereby  amended to
read in its entirety as follows:

               (v) any such encumbrance or restriction imposed in any  agreement
          governing  Senior  Bank  Financing;  PROVIDED no such  encumbrance  or
          restriction  shall,  prevent  the  payment of  amounts to the  Company
          required for it to meet its  operating  expenses  (including,  without
          limitation, payments under the Notes and the Indenture), so long as no
          default under such agreement shall exist or would result from any such
          payment.

     2.  This Supplemental  Indenture  is  limited  as  specified  and shall not
constitute a  modification  or waiver of any other  provisions of the Indenture.
Except as  specifically  amended  hereby,  all provisions of the Indenture shall
remain in full force and effect.

     3.  THE INTERNAL  LAW OF THE STATE OF NEW YORK SHALL  GOVERN AND BE USED TO
CONSTRUE THIS SUPPLEMENTAL INDENTURE.

     4.  The  parties  may  sign  any  number  of  copies  of this  Supplemental
Indenture.  Each  signed  copy shall be an  original,  but all of them  together
represent the same agreement.

     IN  WITNESS  WHEREOF,   the  Company  and  the  Trustee  have  caused  this
Supplemental  Indenture to be duly  executed and  delivered as of the date first
above written.

                             UIH AUSTRALIA/PACIFIC, INC.


                             By /S/ Michael T. Fries
                               ------------------------------------------------
                               Michael T. Fries
                               Chief Executive Officer

                             FIRSTSTAR BANK OF MINNESOTA, N.A.,
                               as Trustee

                             By /S/ Frank P. Leslie III
                               ------------------------------------------------
                               Name:   Frank P. Leslie III
                               Title:  Vice President
1

 The Honorable Fernando J. Gaitan, Jr., United States District Judge for the

Western District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 02-1623

___________

Randy Barnes, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Western District of Missouri.

Riverside Seat Company; Local No. *

710, * [UNPUBLISHED]

*

Appellees. *

___________

 Submitted: September 5, 2002

 Filed: September 12, 2002 

___________

Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and MELLOY, Circuit

Judges.

___________

PER CURIAM.

Randy Barnes appeals the district court’s1

 dismissal of his disabilitydiscrimination action as time-barred. Because Barnes initiated his lawsuit more than

two years after the issuance of a right-to-sue letter, we conclude dismissal of his

complaint was proper. See 42 U.S.C. § 12117(a) (adopting procedures of 42 U.S.C.

§ 2000e-5, which requires filing discrimination suit within 90 days of receiving right-
-2-

to-sue letter from Equal Employment Opportunity Commission (EEOC)). We find

no abuse of discretion in the denial of Barnes’s postjudgment motion, in which he

asserted for the first time that he never received the right-to-sue letter. See Moysis

v. DTG Datanet, 278 F.3d 819, 829 n.3 (8th Cir. 2002) (standard of review;

arguments or evidence which could and should have been presented earlier cannot be

presented in Fed. R. Civ. P. 59(e) motion); Cook v. Providence Hosp., 820 F.2d 176,

179 & n.3 (6th Cir. 1987) (presuming receipt of EEOC right-to-sue letter within 5

days of mailing absent convincing denial of receipt). 

Accordingly, we affirm. See 8th Cir. R. 47B. 

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
EXHIBIT 13.1  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 on Form 20-F of Luxottica Group S.p.A. (the Company) for the fiscal year ended December 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Andrea Guerra, Chief Executive Officer of the Company, certify to my knowledge, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), 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.  By:
/s/ ANDREA GUERRAAndrea GuerraChief Executive OfficerDated:  April 27,   2012  This written statement accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934.  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.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                                        <C>
<PERIOD-TYPE>                                6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                               34,581,345
<ALLOWANCES>                                         0
<INVENTORY>                                  3,449,286
<CURRENT-ASSETS>                            44,368,034
<PP&E>                                      25,374,366
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                             127,224,268
<CURRENT-LIABILITIES>                       43,882,508
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       100,616
<OTHER-SE>                                  53,150,408
<TOTAL-LIABILITY-AND-EQUITY>               127,224,268
<SALES>                                     68,078,592
<TOTAL-REVENUES>                            68,078,592
<CGS>                                       31,530,002
<TOTAL-COSTS>                               31,530,002
<OTHER-EXPENSES>                            32,164,411
<LOSS-PROVISION>                             4,777,915
<INTEREST-EXPENSE>                           1,777,464
<INCOME-PRETAX>                            (2,171,200)
<INCOME-TAX>                                 (643,445)
<INCOME-CONTINUING>                        (1,527,755)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,527,755)
<EPS-PRIMARY>                                    (.15)
<EPS-DILUTED>                                    (.15)
        

</TABLE>
Exhibit 32.1


CERTIFICATION


PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the accompanying Quarterly Report of Retrospettiva, Inc. (the "Company") on Form 10-Q for the quarter ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof, (the "Report"), I, Borivoje Vukadinovic, the Company’s Principal Executive Officer and Principal Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:





(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 the Company.








Date:   November 10, 2010








/s/ Borivoje Vukadinovic


Borivoje Vukadinovic,


Principal Executive Officer








/s/ Borivoje Vukadinovic


Borivoje Vukadinovic,


Principal Financial Officer
<TABLE> <S> <C>

<ARTICLE>                     5
                                                    
<S>                                                  <C>
<PERIOD-TYPE>                                      6-MOS
<FISCAL-YEAR-END>                                  DEC-31-1998
<PERIOD-END>                                       JUN-30-1998
<CASH>                                                 8018000
<SECURITIES>                                                 0
<RECEIVABLES>                                            75000
<ALLOWANCES>                                             26000
<INVENTORY>                                             358000
<CURRENT-ASSETS>                                       8556000
<PP&E>                                                20885000
<DEPRECIATION>                                         1860000
<TOTAL-ASSETS>                                        31130000
<CURRENT-LIABILITIES>                                  3292000
<BONDS>                                                      0
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                                  0
<COMMON>                                                 11000
<OTHER-SE>                                            19484000
<TOTAL-LIABILITY-AND-EQUITY>                          31130000
<SALES>                                                  61000
<TOTAL-REVENUES>                                         61000
<CGS>                                                  1910000
<TOTAL-COSTS>                                          1910000
<OTHER-EXPENSES>                                       4219000
<LOSS-PROVISION>                                             0
<INTEREST-EXPENSE>                                      185000
<INCOME-PRETAX>                                      (6253000)
<INCOME-TAX>                                              1000
<INCOME-CONTINUING>                                  (6254000)
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                         (6254000)
<EPS-PRIMARY>                                           (0.58)
<EPS-DILUTED>                                           (0.58)
        

</TABLE>
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.                  

###### Federal Deposit Insurance Corporation

*Notice is hereby given*                     that the Federal Deposit Insurance Corporation (FDIC) as Receiver for Beach First National Bank, Myrtle Beach, South Carolina (“the Receiver”) intends to terminate its receivership for said institution. The FDIC was appointed Receiver of Beach First National Bank on April 9, 2010. The liquidation of the receivership assets has been completed. To the extent permitted by available funds and in accordance with law, the Receiver will be making a final dividend payment to proven creditors.                

Based upon the foregoing, the Receiver has determined that the continued existence of the receivership will serve no useful purpose. Consequently, notice is given that the receivership shall be terminated, to be effective no sooner than thirty days after the date of this notice. If any person wishes to comment concerning the termination of the receivership, such comment must be made in writing and sent within thirty days of the date of this notice to: Federal Deposit Insurance Corporation, Division of Resolutions and Receiverships, Attention: Receivership Oversight Department 34.6, 1601 Bryan Street, Dallas, TX 75201.

No comments concerning the termination of this receivership will be considered which are not sent within this time frame.

Federal Deposit Insurance Corporation.

Dated: September 15, 2017.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 2017-20002 Filed 9-19-17; 8:45 am]

 BILLING CODE 6714-01-P
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman Chief Justice

Robert P. Young, Jr.,

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 March 3, 2017

Order 

Clerk

March 3, 2017

153723(57)

JEFFREY HAKSLUOTO and

CAROL HAKSLUOTO,

Plaintiffs-Appellants,

SC: 153723

v COA: 323987

Macomb CC: 2014-002556-NH

MT. CLEMENS REGIONAL MEDICAL

CENTER, a/k/a McLAREN MACOMB

GENERAL RADIOLOGY ASSOCIATES,

P.C. and ELI SHAPIRO, D.O.,

Defendants-Appellees.

_____________________________________/

On order of the Chief Justice, the motion of defendants-appellees to extend the 

time for filing their brief is GRANTED. The brief submitted on February 24, 2017, is 

accepted for filing.
exhibit10-7.htm


Exhibit 10.7


 





 




  





Exhibit 10.7 - 1











  









 





  





Exhibit 10.7 - 2











  






 





 




  





Exhibit 10.7 - 3











  






 





 


 




  





Exhibit 10.7 - 4
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 274 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 274

  To rename the Homestead National Monument of America near Beatrice, 
          Nebraska, as the Homestead National Historical Park.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 12, 2011

 Mr. Fortenberry introduced the following bill; which was referred to 
                   the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To rename the Homestead National Monument of America near Beatrice, 
          Nebraska, as the Homestead National Historical Park.

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

SECTION 1. HOMESTEAD NATIONAL HISTORICAL PARK.

    (a) Renaming.--The unit of the National Park System known as the 
Homestead National Monument of America and located near Beatrice, 
Nebraska, shall be known as the ``Homestead National Historical Park''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the unit of the National 
Park System known as the Homestead National Monument of America shall 
be deemed to be a reference to the ``Homestead National Historical 
Park''.
                                 <all>
```
<PAGE>   1
                                                                    EXHIBIT 11.1
DYNAMEX INC.
CALCULATION OF NET INCOME PER COMMON SHARE
(in thousands except per share data)
(Unaudited)

<TABLE>
<CAPTION>
                                          Three months ended      Nine months ended
                                               April 30,              April 30,
                                         --------------------   ----------------------
                                           2000        1999       2000         1999
                                         --------    --------   --------    ----------
                                                    (restated)              (restated)
<S>                                      <C>         <C>        <C>         <C>
Net income (loss)                        $   (506)   $    256   $   (453)   $   (2,311)
                                         ========    ========   ========    ==========

Weighted average common
   shares outstanding                      10,207      10,085     10,207        10,075

Common share equivalents related
   to options and warrants                     --         137         --            --
                                         --------    --------   --------    ----------
Common shares and common share
   equivalents                             10,207      10,222     10,207        10,075
                                         ========    ========   ========    ==========
Common stock price used under
   treasury stock method                 $     --    $   2.99   $     --    $     5.62
                                         ========    ========   ========    ==========
Net income (loss) per common share:
  Basic                                  $  (0.05)   $   0.03   $  (0.04)   $    (0.23)
                                         ========    ========   ========    ==========
   Diluted                               $  (0.05)   $   0.03   $  (0.04)   $    (0.23)
                                         ========    ========   ========    ==========
</TABLE>


On September 16, 1999, the American Stock Exchange suspended trading in the
Company's common stock. As a result, the Company is unable to determine the
number, if any, of common share equivalents related to options and warrants for
the three and nine months ended April 30, 2000. See Note 2 of Notes to Condensed
Consolidated Financial Statements.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7661

ROBERT MCELHANEY,

Petitioner - Appellant,

versus

UNITED STATES OF AMERICA; JANET RENO, U. S.

Attorney General,

Respondents - Appellees.

Appeal from the United States District Court for the Southern

District of West Virginia, at Huntington. Robert J. Staker, Senior

District Judge. (CA-98-83-3, CR-92-22)

Submitted: January 7, 1999 Decided: January 21, 1999

Before WIDENER, MURNAGHAN, and ERVIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Robert McElhaney, Appellant Pro Se. Michael Lee Keller, OFFICE OF

THE UNITED STATES ATTORNEY, Charleston, West Virginia, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Robert McElhaney appeals the district court’s order denying

relief on his 28 U.S.C. § 2241 (1994) petition. We have reviewed

the record and the district court’s opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. See McElhaney v. United States, Nos. CA-98-83-3; CR-92-22

(S.D.W. Va. Sept. 25, 1998). We dispense with oral argument because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

AFFIRMED