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








Exhibit 10.2


Performance-Based Restricted Stock Unit Award Metrics for 2018




On February 7, 2018, the Compensation Committee of the Board of Directors of the Company approved the specific performance goals and business criteria to be used for purposes of determining any future performance-based restricted stock unit final awards for the 2018 performance-period for participants, including executive officers, under the Company’s shareholder-approved 2008 Long-Term Incentive Plan (filed as Exhibit 10.1 to the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2008).


The performance based restricted stock unit grant is a target opportunity; however, participants will have the opportunity to earn a maximum of up to 200% of the target.  The performance based restricted stock unit grant has a three-year performance period (2018-2020), after which the Compensation Committee will determine the final award based on corporate performance-to-objectives. The maximum performance level that can be achieved for any single metric for the 2018 Performance Unit grants is 200%. 75% of the final award will be based on financial metrics and 25% will be based on relative Total Shareholder Return of Ford’s common stock compared to a peer group of companies over the three-year performance period.  The metrics and weightings are summarized below:




	
		
	Financial Metrics - 75%
	 

	Metrics 
Ø    Company Adjusted EBIT Margin (3-year avg.)
Ø    External Annual ROIC (3-year avg.)
	Weighting
50%
50%
100%

	 
	 






	
		
	 
	 

	Total Shareholder Return - 25%
	 

	Metric 
Ø    Total Shareholder Return (TSR)


	Weighting
100%
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  UIH
AUSTRALIA/PACIFIC, INC.'S FORM 10-Q FOR THE NINE MONTHS ENDED SEPTEMBER 30, 1998
AND IS QUALIFIED IN ITS ENTIRETY TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                    1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           2,929
<SECURITIES>                                         0
<RECEIVABLES>                                    5,147
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                15,138
<PP&E>                                         288,736
<DEPRECIATION>                                 129,991
<TOTAL-ASSETS>                                 234,766
<CURRENT-LIABILITIES>                           45,016
<BONDS>                                        427,313
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           139
<OTHER-SE>                                    (223,256)
<TOTAL-LIABILITY-AND-EQUITY>                   234,766
<SALES>                                              0
<TOTAL-REVENUES>                                63,369
<CGS>                                                0
<TOTAL-COSTS>                                   55,950
<OTHER-EXPENSES>                                75,177
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              42,289
<INCOME-PRETAX>                               (151,155)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (151,155)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0 
<CHANGES>                                            0
<NET-INCOME>                                  (151,155)
<EPS-PRIMARY>                                   (10.90)
<EPS-DILUTED>                                   (10.90)
        

</TABLE>
#### Charlie L. RICHARDSON, Plaintiff-Appellant, v. Harry E. WILSON, Staff Attorney of Department of Public Instruction, Defendant-Appellee, v. Robert Reilly; W. Clark Goodman; Mark P. Henriques; Richard Lee Rainey; Jim D. Cooley; Harry D. Winkler; Charles J. Williams; Grace Mynatt; Marvin K. Gray; Charlie Williams, Movants-Appellees.

No. 08-1464.

United States Court of Appeals, Fourth Circuit.

Submitted: June 19, 2008.

Decided: June 24, 2008.

Charlie L. Richardson, Appellant Pro Se. Laura Ellen Crumpler, North Carolina Department of Justice, Raleigh, North Carolina; Richard Lee Rainey, Womble, Carlyle, Sandridge *&*Rice, PLLC, Charlotte, North Carolina; Grady L. Balentine, Jr., Special Deputy Attorney General, Raleigh, North Carolina, for Appellees.

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

*235Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Charlie L. Richardson seeks to appeal the district court’s order denying his post-judgment motions following the denial of relief on his civil complaint. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties are accorded thirty days after the entry of the district court’s final judgment or order to note an appeal, Fed. R.App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. RApp. P. 4(a)(5), or reopens the appeal period under Fed. RApp. P. 4(a)(6). This appeal period is “mandatory and jurisdictional.” *Browder v. Dir., Dep’t of Corr.,*434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting *United States v. Robinson,*361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960)).

The district court’s order was entered on the docket on March 18, 2008. The notice of appeal was filed on April 18, 2008. Because Richardson failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we 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.*
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.                  

###### Small Business Administration

          - [Disaster Declaration #15314 and #15315; Georgia Disaster Number GA-00100]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 3.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for the State of Georgia (FEMA-4338-DR), dated 09/15/2017.

*Incident:*                         Hurricane Irma.                    

*Incident Period:*                         09/07/2017 through 09/20/2017.                    

# DATES:

Issued on 09/26/2017.

*Physical Loan Application Deadline Date:*                         11/14/2017.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         06/15/2018.                    

# ADDRESS:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416, (202) 205-6734.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for the State of Georgia, dated 09/15/2017, is hereby amended to establish the incident period for this disaster as beginning 09/07/2017 through 09/20/2017.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

James E. Rivera,

Associate Administrator for Disaster Assistance.

[FR Doc. 2017-21458 Filed 10-4-17; 8:45 am]

 BILLING CODE 8025-01-P
#### The People of the State of New York, Respondent, v Gary A. Kopy, Appellant.

[862 NYS2d 651]

Carpinello, J.

Appeal from a judgment of the County Court of Tioga County (Sgueglia, J.), rendered March 9, 2007, convicting defendant upon his plea of guilty of the crime of criminal possession of a forged instrument in the second degree.

Following indictment for the crime of criminal possession of a forged instrument in the second degree, defendant pleaded guilty to such charge with the express understanding that he would be sentenced to a prison term of 3 to 6 years and that he would be required to make restitution. After a second felony offender statement was filed and defendant admitted the prior felony conviction, defendant was sentenced as a second felony offender to the agreed-upon term and was ordered to make restitution. He now appeals.

Defendant’s sole contention on this appeal is that he was not advised at the time of his plea that he would be sentenced as a second felony offender and, thus, his plea was not knowing and voluntary. However, such argument is unpreserved for our review given defendant’s failure to move to withdraw the plea or vacate the judgment of conviction (see *People v Mayers,*74 NY2d 931, 931-932 [1989]; *People v Granan,*48 AD3d 975, 975 [2008]).

If we were to consider defendant’s argument, we would find it unpersuasive. At a preplea conference, the People advised defendant and County Court that defendant had four prior felony convictions and that, if defendant did not accept the plea offer and he were convicted following trial, they would be seeking persistent felony offender treatment. Defendant asked for and was granted an adjournment of approximately two weeks to discuss the plea offer, which included a prison term of 3 to 6 years, with his attorney. At the time that he accepted such offer and entered a guilty plea, it was made clear that he would be sentenced to the agreed-upon term. Further, prior to sentencing, a second felony offender statement was filed by the People. At sentencing, defendant admitted his conviction of a prior felony and the court pronounced sentence upon defendant as a second felony offender, all without defendant ever raising any objection to such proceedings. Under the circumstances, we would not find that defendant’s plea was anything other than knowing, intelligent and voluntary. Accordingly, we decline to take any corrective action under our interest of justice jurisdiction *(cf. People v Bryant,*180 AD2d 874 [1992]).

*442Cardona, P.J., Peters, Spain and Stein, JJ., concur. Ordered that the judgment is affirmed.
**Exhibit** **32.1**

 

**ANTARES PHARMA, INC.**

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)**

 

The undersigned, Jack E. Stover, the Chief Executive Officer of Antares Pharma, Inc. (the “Company”), has executed this Certification in connection with the filing with the Securities and Exchange Commission of the Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended March 31, 2007 (the “Report”).

 

The undersigned hereby certifies 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. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

IN WITNESS WHEREOF, the undersigned has executed this Certification as of the 15th day of May, 2007.

 

|   |   |   |   | /s/ Jack E. Stover                                    |
|--------|--------|--------|--------|-------------------------------------------------------|
|   |   |   |   | Jack E. Stover

President and Chief Executive Officer |
|   |   |   |   |                                                  |
Exhibit 4.104


 


Power of Attorney


 


I, Zhang Han, a
Chinese citizen with Chinese Identification Card No. 422802198708030014, and a holder of 50% of the entire registered capital
in Shenzhen E-Sun Network Co., Ltd(the “Company”) (“My Shareholding”), hereby irrevocably authorize
E-Sun Sky Computer (Shenzhen) Co., Ltd. (“WFOE”) to exercise the following rights relating to My Shareholding during
the term of this Power of Attorney:


 


WFOE is hereby authorized
to act on behalf of myself as my exclusive agent and attorney with respect of all matters concerning My Shareholding, including
without limitation to: 1) attend shareholder’s meetings of Company; 2) exercise all the shareholders’ rights and shareholders’
voting rights I am entitled to under the laws of China and Company’s Articles of Association during the shareholders’
meeting, including but not limited to decide on the sale or transfer or pledge or disposition of My Shareholding in part or in
whole and execute relevant legal documents; and 3) designate and appoint on behalf of myself the legal representative, the executive
director, supervisor, the manager and other senior management members of Company.


 


Without limiting the generality
of the powers granted hereunder, WFOE shall have the power and authority under this Power of Attorney to execute the Transfer Contracts
stipulated in Exclusive Option Agreement, to which I am required to be a party, on behalf of myself, and to effect the terms of
the Share Pledge Agreement and Exclusive Option Agreement, both dated the date hereof, to which I am a party.


 


All the actions associated
with My Shareholding conducted by WFOE shall be deemed as my own actions, and all the documents related to My Shareholding executed
by WFOE shall be deemed to be executed by me. I hereby acknowledge and ratify those actions and/or documents by WFOE.


 


WFOE is entitled to re-authorize
or assign its rights related to the aforesaid matters to any other person or entity at its own discretion and without giving prior
notice to me or obtaining my consent.


 


This Power of Attorney
is coupled with an interest and shall be irrevocable and continuously valid from the date of execution of this Power of Attorney,
so long as I am a shareholder of Company.


 


This Power of Attorney
is written in Chinese and English; in case there is any conflict between the Chinese version and the English version, the Chinese
version shall prevail.


 


	 	By: 	/s/ Zhang Han	 
	 	Date: July 3, 2017
EXHIBIT
32





CERTIFICATION
OF CHIEF EXECUTIVE OFFICER


AND CHIEF
FINANCIAL OFFICER


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 amended quarterly report on Form 10-QSB/A of BPO
Management Services, Inc. (the "Company") for the quarterly period ended June
30, 2007 (the "Report"), each of the undersigned hereby certifies in his
capacity as Chief Executive Officer and Chief Financial Officer of the Company,
respectively, 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, 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 Company.


Date:
      June 13, 2008
            BPO MANAGEMENT
      SERVICES, INC.By:
            /s/ Patrick
      A. DolanChief
      Executive Officer
              (principal
      executive officer)




Date:
      June 13, 2008
            BPO MANAGEMENT
      SERVICES, INC.By:
            /s/ Donald W.
      RutherfordChief Financial Officer(principal
      financial officer and duly authorized
officer)  A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version 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-31-1999
<PERIOD-START>                                  JAN-01-1999
<PERIOD-END>                                    JUN-30-1999
<CASH>                                           51,127,257
<SECURITIES>                                              0
<RECEIVABLES>                                       994,071
<ALLOWANCES>                                              0
<INVENTORY>                                               0
<CURRENT-ASSETS>                                 53,565,229
<PP&E>                                            1,505,597
<DEPRECIATION>                                      476,715
<TOTAL-ASSETS>                                   65,432,709
<CURRENT-LIABILITIES>                             1,686,340
<BONDS>                                                   0
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                             28,446
<OTHER-SE>                                       63,717,923
<TOTAL-LIABILITY-AND-EQUITY>                     65,432,709
<SALES>                                           1,903,576
<TOTAL-REVENUES>                                  1,903,576
<CGS>                                                     0
<TOTAL-COSTS>                                     8,520,590
<OTHER-EXPENSES>                                          0
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                        0
<INCOME-PRETAX>                                  (6,040,978)
<INCOME-TAX>                                              0
<INCOME-CONTINUING>                              (6,040,978)
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                     (6,040,978)
<EPS-BASIC>                                         (0.26)
<EPS-DILUTED>                                         (0.19)



</TABLE>
### TEXA S C OU R T OF A PPEAL S, THIR D DIST R ICT , AT AU STIN
NO. 03-05-00184- CR
G ar y F r ankl in, App e lla nt

v. The State of Texas, App ellee

F ROM THE DISTRICT CO URT OF TRAVIS COUNTY , 167TH JUDICIAL DISTRICT NO. 93372 4, HO NORAB LE MICH AEL LYNCH , JUDGE PRESIDI NG

ME MO R

A ND UMO P I N I O N Appellant’s brief was due October 28, 2005. Appellant’s appointed attorney , Mr. Michae l E. Stork, did not respond to this Court’s notice that the brief is over due.

The a ppeal is abated and the district c ourt is ordere d to conduct a he aringto determine whether counsel ha s abandone d this appeal. Te x . R. App. P. 38.8(b)(2). The court shall make a pp ro pr iate fi nd ing s and

re c omm e nd atio ns . I f p re se nt c ouns e l is no t prepa re d to pr os e c ute thi s appea l in a timely fashion, the court shall appoint substitute counsel who will eff ectively repr esent appellant on a

ppeal. A rec ord from this he aring , including c opies of all finding s and orde rs and a2

transcription of the court repor ter’s notes, shall be forwa rded to the Clerk of this Court for filing a s a supplementa l rec ord no later than Februar

y 3, 2006. Rule 38.8(b)(3) .

__________________________________________ Bob Pembe rton, J ustice Be fore Chief J ustice L aw, Justi ces Pembe rton and Waldrop Filed: January

5, 2006 Do No t Pu

bli sh
**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 the Quarterly Report of Boykin Lodging Company (the “Company”) on Form 10-Q forthe quarter ended June 30, 2006 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), I, Shereen P. Jones, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant 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 theSecurities Exchange Act of 1934; and  (2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.         /s/ Shereen P. Jones   Shereen P. Jones   Executive Vice President, Chief Financial and Investment Officer   August 8, 2006