alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          AUG-31-1999
<PERIOD-START>                             SEP-01-1998
<PERIOD-END>                               NOV-30-1998
<CASH>                                           6,146
<SECURITIES>                                   258,393
<RECEIVABLES>                                  227,429
<ALLOWANCES>                                         0
<INVENTORY>                                    267,798
<CURRENT-ASSETS>                               783,481
<PP&E>                                         107,780
<DEPRECIATION>                                  10,684
<TOTAL-ASSETS>                               2,439,943
<CURRENT-LIABILITIES>                          281,446
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,663
<OTHER-SE>                                   3,073,619
<TOTAL-LIABILITY-AND-EQUITY>                 2,439,943
<SALES>                                        106,811
<TOTAL-REVENUES>                               106,811
<CGS>                                           82,430
<TOTAL-COSTS>                                  105,064
<OTHER-EXPENSES>                               352,331
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              25,011
<INCOME-PRETAX>                              (350,584)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (350,584)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (350,584)
<EPS-PRIMARY>                                   (0.03)
<EPS-DILUTED>                                   (0.03)
        

</TABLE>
<PAGE>
                                                                    EXHIBIT 11.1




DYNAMEX INC.
CALCULATION OF NET INCOME PER COMMON SHARE
(in thousands except per share data)
(Unaudited)


<Table>
<Caption>
                                                      Three months ended
                                                         October 31,
                                                -----------------------------
                                                    2001             2000
                                                -------------   -------------
<S>                                             <C>             <C>
Net income                                      $         907   $         498
                                                =============   =============

Weighted average common
   shares outstanding                                  10,207          10,207

Common share equivalents related
   to options and warrants                                 38               3
                                                -------------   -------------

Common shares and common share
   equivalents                                         10,245          10,210
                                                =============   =============

Common stock price used under
   treasury stock method                        $        1.93   $        1.47
                                                =============   =============

Net income (loss) per common share:
   Basic                                        $        0.09   $        0.05
                                                =============   =============

   Diluted                                      $        0.09   $        0.05
                                                =============   =============
</Table>
Summary of Compensation Arrangements for Certain Named Executive Officers



 Exhibit 10.36 
 Summary of Compensation Arrangements for Certain Named Executive Officers 

Set forth below is a summary of the compensation paid by MEMC Electronic Materials, Inc. (the “Company”) to the executive
officers to be named in the Company’s 2011 annual proxy statement who are not covered by current employment agreements, as of the date of filing of the Company’s Annual Report on Form 10-K for the year ended December 31, 2010 (the
“Form 10-K”) and are continuing as an executive officer of the Company as of January 15, 2011. None of the below executive officers has an employment agreement with the Company. Each of these executive officers is an employee at will
whose compensation and employment status may be changed at any time in the discretion of the Company’s Board of Directors 

Base Salaries. These executive officers currently receive base salaries in the amounts indicated below: 

 

					
	 Name and Position
	  	2011 Base Salary
Amount	 
	 Kenneth H. Hannah, Executive Vice President; President—Solar Materials
	  	$	475,000	  
	 David A. Ranhoff, Senior Vice President—Sales and Marketing
	  	$	360,000	  
	 Stephen O’Rourke, Senior Vice President—Chief Strategy Officer
	  	$	350,000	  

 The Compensation
Committee adjusts these base salaries from time to time as the Committee deems appropriate each year, generally annually. The Committee reviews and discusses the written performance appraisal for each executive officer with the Chief Executive
Officer. The above information reflects the base salaries for our named executive officers approved by the Committee in February 2011. 
 Incentive Awards. These executive officers are also eligible to participate in the Company’s incentive compensation plans as provided in the terms of such plans, including the Company’s
short term incentive awards plan (which provides for cash incentive awards) and the Company’s long-term incentive awards plan (e.g., the Company’s 2001 and 2010 Equity Incentive Plans). Such plans, and any forms of awards thereunder
providing for material terms, are included as exhibits to the Form 10-K as appropriate. 
 Pension Plan. These executive
officers are also eligible to participate in the Company Pension Plan on the same terms as the Company’s other covered employees. Because all the executives named above commenced employment with MEMC after December 31, 2001, none of the
executive officers above participate in the MEMC Pension Plan. 
 Relocation Payments. From time to time the Company
makes payments to executive officers to cover relocation expenses.
#### Mary Norval *against*Cornell.

Under the 9tU section of the *act relative*id *turnpikes,*sesK, 30. c. 38. (I *N. R. h.*334.) a toll-gatherer is not liable to the penalty of five dollars, for demanding toll of a person exempted from paying it; but only when he hinders or delays travellers and passengers bound to pay toll, or takes more toll than the law allows.

IN ERROR, on *certiorari*to a Justice’s Court.

The defendant in error brought an action in the Court below against the plaintiff in error, who was a toll-gatherer at one of the gates of the *New Windsor*and *Cornwall*turnpike road, for stopping and demanding toll of his son while returning from the mill with his team, and not letting him pass until he paid the toll. It was proved that the plaintiff’s son went with his father’s team and grist to a mill, and passed the gate on his way to the mill, without being required to pay toll; that he returned without the grist, not being able to get it ground that day; that on being required to pay toll, he stated this fact to the- defendant below* but she *74would not let him pass without paying it. The justice gave judgment for the plaintiff below, for five dollars, with costs,'

Per *Curiam.*

The only question is, whether the penalty was incurred or not. The case of *Conkling*v. *Elting*(2 *Johns. Rep.*410.) is in point, that the 9th section of the act relative to turnpikes, (1 *N.R. L.*234.) does not apply, or inflict a penalty, where toll is demanded of a person entitled to an exemption from paying it. It applies only to the hindering or delaying travellers and passengers bound to pay toll, or for taking more toll than the law allows.

Judgment reversed.
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 22 - 0424

_________________ SH AWN FOWLER,

Plaintiff and Appellee, v. DEPARTMENT OF JUSTICE, MONTANA HIGHWAY PATROL,

Defendant and Appellant. O R D E R

__ _______________ Pursuant to the Internal Operating Rules of this Court, this cause is classified for submission on briefs to a five - justice panel of this Court. The Clerk is directed to provide a copy hereof to all counsel of r ecord and to the Honorable Brenda R. Gilbert , District Judge . For the Court,

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

October 4 2023

10/04/2023
Case Number: DA 22-0424
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             MAY-01-1997
<PERIOD-END>                               OCT-31-1997
<CASH>                                          59,611
<SECURITIES>                                         0
<RECEIVABLES>                                   36,877
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                99,943
<PP&E>                                           6,417
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 204,082
<CURRENT-LIABILITIES>                           22,961
<BONDS>                                        114,217
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            95
<OTHER-SE>                                      64,980
<TOTAL-LIABILITY-AND-EQUITY>                   204,082
<SALES>                                              0
<TOTAL-REVENUES>                                54,593
<CGS>                                                0
<TOTAL-COSTS>                                   36,256
<OTHER-EXPENSES>                                   701
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,225
<INCOME-PRETAX>                                  2,353
<INCOME-TAX>                                     1,035
<INCOME-CONTINUING>                              1,318
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,318
<EPS-PRIMARY>                                     0.14
<EPS-DILUTED>                                        0
        

</TABLE>
AMENDMENT #4 TO SUPPLEMENTAL 401(K) PLAN



 EXHIBIT 10.60 
 AMENDMENT NUMBER FOUR 
 TO THE 

REGIONS FINANCIAL CORPORATION 
 SUPPLEMENTAL 401(k) PLAN 
 Amended and Restated Effective as of
April 1, 2008 (the “Plan”) 
 Regions Financial Corporation amends the Plan effective December 31, 2010, as follows:

 1. Effective December 31, 2010, Section 4.1 (“Salary Reduction Contributions”) is hereby amended by adding to the end
thereof a new subsection (d) as follows: 
  

	 	(d)	Special Rules for Eligible Special Pay. For 2010, the supplemental salary reduction agreement shall not apply to Eligible Special Pay (as defined in the Regions
401(k) Plan). For Plan Years commencing in or after 2011, the Participant may (but shall not be required to) specify a different reduction percentage to be applied to Eligible Special Pay; provided however that the salary reduction attributable to
Eligible Special Pay must come out of compensation that would otherwise have been paid to the Participant in cash, and is reduced to the extent such cash compensation is not available to be reduced. 


2. Effective December 31, 2010, Section 4.3 (“Employer Contributions”) is hereby amended by adding to the end thereof a new
subsection (f) as follows: 
  

	 	(f)	Special Rules for Eligible Special Pay. For 2011, the Employer Contribution (made with respect to Compensation and supplemental salary reduction agreements for
2010) shall include in its computation Eligible Special Pay (as defined in the Regions 401(k) Plan). For 2011 and later years, if the Participant elected a salary reduction of 6% or more (whether or not such reduction applied to Eligible Special
Pay), the Employer Contribution shall be determined as if the supplemental salary reduction agreement applied to Eligible Special Pay. 

 3. All other terms, provisions and conditions of the Plan not herein amended shall remain in full force and effect.
Exhibit 10.23

 

October 4, 2010

 

 

SuperMedia Inc.

2200 West Airfield Drive

DFW Airport, Texas 75261

Attention: Douglas Wheat, Chairman of the Board of Directors

 

Re:      Resignation

 

 

Dear Douglas,

 

I hereby resign, effective immediately, as a director of the Company and the Company’s subsidiaries of which I am a director, and I hereby resign, effective immediately, as an officer of SuperMedia Inc. (the “Company”) and each of the Company’s subsidiaries of which I am an officer.

 

 


	
Sincerely
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
/s/ Scott W. Klein
    	
 
    	
 
    
	
Scott W. Klein
**ICONIX
      BRAND GROUP, INC.**


**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 Iconix Brand Group, Inc. (the “Company”) on
      Form 10-K/A for the period ending December 31, 2005 (the “Report”), I, Neil
      Cole, President and Chief Executive Officer of the Company, certify, pursuant
      to
      18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, that to the best of my knowledge:





(1)
      The
      Report fully complies with the requirements of section 13(a) of the Securities
      Exchange Act of 1934; and




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




/s/
                Neil ColeNeil
                ColePresident
                and Chief Executive Officer




September 27,
      2006
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2800 Engrossed in House (EH)]

112th CONGRESS
  2d Session
                                H. R. 2800

_______________________________________________________________________

                                 AN ACT

 
 To amend the Violent Crime Control and Law Enforcement Act of 1994 to 
   reauthorize the Missing Alzheimer's Disease Patient Alert Program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Missing Alzheimer's Disease Patient 
Alert Program Reauthorization Act of 2012''.

SEC. 2. REAUTHORIZATION OF THE MISSING ALZHEIMER'S DISEASE PATIENT 
              ALERT PROGRAM.

    Section 240001 of the Violent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 14181) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Grant.--Subject to the availability of appropriations to 
carry out this section, the Attorney General, through the Bureau of 
Justice Assistance, shall award competitive grants to nonprofit 
organizations to assist such organizations in paying for the costs of 
planning, designing, establishing, and operating locally based, 
proactive programs to protect and locate missing patients with 
Alzheimer's disease and related dementias.'';
            (2) in subsection (b), by inserting ``competitive'' after 
        ``to receive a'';
            (3) by amending subsection (c) to read as follows:
    ``(c) Preference.--In awarding grants under subsection (a), the 
Attorney General shall give preference to national nonprofit 
organizations that have experience working with patients, and families 
of patients, with Alzheimer's disease and related dementias.''; and
            (4) by amending subsection (d) to read as follows:
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000 for each of the 
fiscal years 2013 through 2017.''.

            Passed the House of Representatives September 11, 2012.

            Attest:

                                                                 Clerk.
112th CONGRESS

  2d Session

                               H. R. 2800

_______________________________________________________________________

                                 AN ACT

 To amend the Violent Crime Control and Law Enforcement Act of 1994 to 
   reauthorize the Missing Alzheimer's Disease Patient Alert Program.
```
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-20326

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

EUGENE H WILLIAMS, JR

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:06-CR-237-2

Before DAVIS, GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

Eugene H. Williams, Jr., appeals his conviction and sentence for

possession of unregistered destructive devices, possession of unlawfully

transferred destructive devices, possession of a firearm not identified by a serial

number, and unlawful storage of explosive materials. Williams argues that 26

U.S.C. § 5841, et seq., the National Firearms Act, and 18 U.S.C. § 842(j) are

unconstitutionally void for vagueness. He contends that the aforementioned

statutes fail to place him on notice of criminal conduct because law enforcement

United States Court of Appeals

Fifth Circuit

F I L E D

December 18, 2008

Charles R. Fulbruge III

Clerk
No. 07-20326

2

officers are generally unaware of the federal regulations on possession, storage,

and transfer of destructive devices. 

We review de novo whether a statute is void for vagueness. United States

v. Monroe, 178 F.3d 304, 308 (5th Cir. 1999). The language of the statutes of

which Williams complains is not confusing. The statutes proscribe specific

conduct and do not contain exceptions for law enforcement officers. The statutes

do not encourage arbitrary and discriminatory enforcement. See Kolender v.

Lawson, 461 U.S. 352, 357 (1983). Williams’s argument is without merit. 

Williams also challenges the district court’s application of U.S.S.G. § 3C1.1

based on a finding that Williams obstructed justice. He argues that the

statements and conduct upon which the § 3C1.1 enhancement was based were

not related to the “instant” offense of conviction but rather to an investigation

of aggravated assault. Although Williams correctly asserts that § 3C1.1 requires

that a defendant obstruct the offense of conviction, “[t]he offense of conviction

may or may not be the offense which initially attracted the attention of the

police.” United States v. Dortch, 923 F.2d 629, 632 (5th Cir. 1999). In our view,

the statements and conduct upon which the enhancement was based were

intended to obstruct investigation of all of his unlawful conduct. See United

States v. Roberson, 872 F.2d 597, 609-10 (5th Cir. 1989). Accordingly, the

district court did not err in applying the § 3C1.1 enhancement. The judgment

of the district court is AFFIRMED.
**Exhibit 12.1**
**COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES**                   **Three Months Ended** **Six Months Ended**  **June 30,** **June 30,**  **2004** **2003** **2004** **2003**      **(in thousands)**    **Fixed Charges:**                Gross interest expense $4,381  $3,981  $8,609  $7,618 Interest portion of rent expense  38   31   80   64                     4,419   4,012   8,689   7,682 **Earnings:**                Income before taxes  73,146   44,515   135,792   113,023 Plus: fixed charges  4,419   4,012   8,689   7,682 Less: capitalized interest  2,075   1,821   4,016   3,192                    $75,490  $46,706  $140,465  $117,513 **Ratio of Earnings to FixedCharges**  17.1x  11.6x  16.2x  15.3x                       **For the Years Ended December 31,**  **2003** **2002** **2001** **2000** **1999**          **(in thousands)**        **Fixed Charges:**                    Gross interest expense $15,642  $15,373  $15,034  $25,100  $25,167 Interest portion of rent expense  129   122   46   40   28                         15,771   15,495   15,080   25,140   25,195 **Earnings:**                    Income before taxes  205,999   109,586   189,404   127,743   36,369 Plus: fixed charges  15,771   15,495   15,080   25,140   25,195 Less: capitalized interest  (7,300)  (7,975)  (12,042)  (13,739)  (11,860)                       $214,470  $117,106  $192,442  $139,144  $49,704 **Ratio of Earnings to FixedCharges**  13.6x  7.6x  12.8x  5.5x  2.0x
American Standard Energy Corp.


4800 North Scottsdale Road, Suite 1400


Scottsdale, AZ 85251







December 30, 2011







Richard MacQueen


681 North Cordoba Avenue


Chandler, AZ 85226







Re:           Amendments to the Original Agreements (as defined below)







Dear Richard:







Reference is made to the following documents:



	
  

	
·

	
the Deferred Compensation Agreement dated as of April 15, 2010, by and between American Standard Energy Corp. (the “Private Company”), a Nevada corporation that is wholly owned by American Standard Energy Corp. (the “Public Company”), a Delaware corporation, and Richard MacQueen (the “President”), and as ratified by the Public Company on August 29, 2011 (the “Deferred Compensation Agreement”); and








	
  

	
·

	
the Founders Shares Vesting Agreement dated as of April 15, 2010, by and between the Private Company and the President (the “Founders Shares Vesting Agreement” and, together with the Deferred Compensation Agreement, the “Original Agreements”).












The purpose of this letter agreement (the “Letter Agreement”) is to set forth the agreement between you and the Public Company with respect to the Original Agreements in accordance with the following:



	
  

	
·

	
the Deferred Compensation Agreement is hereby amended by deleting and removing the entirety of the paragraph numbered “5.” thereof; and








	
  

	
·

	
it is hereby acknowledged and agreed that the Founders Shares Vesting Agreement is of no further force or effect and is not the binding obligation of the Public Company or the Private Company (other than with respect to the vesting schedule ratified by the Public Company on August 29, 2011, which remains in force and effect).












To indicate your agreement to the foregoing and for good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, kindly sign and return to the Public Company a counterpart to this Letter Agreement.  Each counterpart shall be deemed to be an original but all of them together will constitute one and the same Letter Agreement.







[signatures on following page]


 




  





  











  












	
Very truly yours,

	  
	  	  
	
AMERICAN STANDARD ENERGY CORP., a Delaware corporation


	  	  	  
	
By:

	
/s/ Scott Feldhacker

	  
	  	
 Name:  

	
Scott Feldhacker

	  
	  	
 Title:

	
CEO

	  
	  	  	  	  
	
AMERICAN STANDARD ENERGY CORP., a Nevada corporation


	  	  	  
	
By:

	
/s/ Scott Feldhacker

	  
	  	
 Name:  

	
Scott Feldhacker

	  
	  	
 Title:

	
CEO

	  
	  	  	  	  
	
AGREED TO AND ACCEPTED AS OF

	  
	
THIS 30th DAY OF DECEMBER, 2011 BY:

	  
	  	  
	
/s/ Richard MacQueen

	  
	
By: Richard MacQueen