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



Exhibit 10.6



L. B. Foster Company
2018 PERFORMANCE SHARE UNIT PROGRAM
(2018-2020) 



[DATE]
[NAME AND ADDRESS]
Dear [NAME]:
Pursuant to the terms and conditions of the L. B. Foster Company 2018 Performance Share Unit Program (the “Program”), a component of the Long-Term Incentive Program, the Compensation Committee of the Board of Directors of L. B. Foster Company (the “Committee”) has awarded you ___________ Performance Share Units (the “Award”).  The terms and conditions of your Award are governed by the provisions of the Program document attached hereto as Exhibit A, the terms of which are hereby incorporated by reference.  Capitalized terms not otherwise defined herein shall each have the meaning assigned to them in the Program.
_________________________________________ 
Name:    ___________________________________ 
Title:    ___________________________________


I hereby acknowledge and accept the Award described above subject to all of the terms and conditions of the Program including, without limitation, the forfeiture and covenant provisions set forth in Sections 11, 12 and 13 of the Program, regardless of whether the Award ever results in a payment under the Program.  I further acknowledge receipt of a copy of the Program document and the L. B. Foster Company 2006 Omnibus Incentive Plan, as amended (the “Plan”), and I agree to be bound by all the provisions of the Program and the Plan, as amended from time to time.
By signing below, I acknowledge that: (i) I have read and understand the Program including, without limitation, the provisions that require me to repay monies to the Company if (A) I breach Section 11 or 12 of the Program or (B) the Company is required to prepare an accounting restatement to the extent set forth in Section 13(c); (ii) the Performance Share Units that have been awarded to me have no independent economic value, but rather are mere units of measurement to be used in calculating benefits, if any, available under the Program; (iii) I agree to accept as binding, conclusive and final all decisions or interpretations of the Compensation Committee upon any questions arising under this Award, the Program or the Plan; and (iv) my decision to participate in the Program is completely voluntary and done with full knowledge of its terms.  I further acknowledge and agree that, except as otherwise specifically provided in the Program, in the event I terminate employment prior to the Payment Date, the Performance Share Units awarded to me shall be cancelled and forfeited, whether payable or not, without payment by the Company or any Subsidiary.




Signature:  ____________________________    Date:  ______________________________ 
    Name
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-7463

CLIFTON STALLINGS,

Petitioner - Appellant,

v.

WARDEN OF EVANS CORRECTIONAL INSTITUTION,

Respondent _ Appellee,

and

JON E. OZMINT, Director of SCDC,

Respondent.

Appeal from the United States District Court for the District of 

South Carolina, at Charleston. R. Bryan Harwell, District 

Judge. (2:10-cv-02668-RBH)

Submitted: February 23, 2012 Decided: February 28, 2012

Before MOTZ, DAVIS, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Clifton Stallings, Appellant Pro Se. Donald John Zelenka, 

Deputy Assistant Attorney General, William Edgar Salter, III, 

Assistant Attorney General, Columbia, South Carolina, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Clifton Stallings seeks to appeal the district court’s 

order accepting the recommendation of the magistrate judge and 

dismissing as untimely his 28 U.S.C. § 2254 (2006) petition. 

The order is not appealable unless a circuit justice or judge 

issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1)(A) (2006). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the petition states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. We have independently reviewed the record 

and conclude that Stallings has not made the requisite showing. 

Accordingly, we deny a certificate of appealability and dismiss 

the appeal. We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials 
3

before the court and argument would not aid the decisional 

process.

DISMISSED
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 50440 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
FABIAN ALEX BRAVO , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 7:16

- CV

- 197

Before JONES, HIGGINSON, and WILLETT, Circuit Judges. PER CURIAM: * This court granted Fabian Alex Bravo a certificate of appealability , following the denial of his 28 U.S.C. § 2255 motion , on the issue whether the district court erred by determining that Bravo was subject to the enhanced penalties of the A rmed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1),
base d on his prior Texas con victions for aggravated robbery , aggravated
assault , and burglary. The Federal Public Defender appointed to represent

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED July 31, 2019 Lyle W. Cayce Clerk Case: 18-50440 Document: 00515057105 Page: 1 Date Filed: 07/31/2019No. 18

- 50440

2 B ravo has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Bravo h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous
is sue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 18-50440 Document: 00515057105 Page: 2 Date Filed: 07/31/2019
I 

112TH CONGRESS 

1ST SESSION H. R. 2993 

To direct the Chief of the Army Corps of Engineers to revise certain authorized purposes described in the Missouri River Mainstem Reservoir System 

Master Water Control Manual. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 21, 2011 

Mr. GRAVES of Missouri (for himself, Mrs. EMERSON, Mrs. HARTZLER, and 

Mr. LUETKEMEYER) introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure 

A BILL 

To direct the Chief of the Army Corps of Engineers to 

revise certain authorized purposes described in the Missouri River Mainstem Reservoir System Master Water 

Control Manual. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MASTER WATER CONTROL MANUAL REVISION. 

4 Not later than 90 days after the date of enactment 

5 of this Act, the Secretary of the Army, acting through the 

6 Chief of the Army Corps of Engineers, shall revise the 

7 Missouri River Mainstem Reservoir System Master Water 

8 Control Manual and any related regulations to delete fish 


pwalker on DSK5TPTVN1PROD with BILLS
2 

•HR 2993 IH

1 and wildlife as an authorized purpose of the Corps and 

2 elevate flood control as the highest priority of authorized 

3 purposes of the Corps at all times, not just during signifi4 cant runoff events. 

Æ 


pwalker on DSK5TPTVN1PROD with BILLS
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

BRACCO DIAGNOSTICS INC.,

Appellant

v.

JUBILANT DRAXIMAGE INC.,

Appellee

______________________

2020-1696, 2020-1697, 2020-1698

______________________

Appeals from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in Nos. IPR2018-

01448, IPR2018-01449, IPR2018-01450.

______________________

JUDGMENT

______________________

JULIE PAMELA BOOKBINDER, Greenberg Traurig LLP, 

New York, NY, argued for appellant. Also represented by 

SCOTT JOSEPH BORNSTEIN; HEATH BRIGGS, Denver, CO; 

BARRY SCHINDLER, Florham Park, NJ.

 ROBERT LOUIS HAILS, JR., Baker & Hostetler LLP, 

Washington, DC, argued for appellee. Also represented by 

T. CY WALKER; THERESA WEISENBERGER, Atlanta, GA.

 ______________________

Case: 20-1696 Document: 42 Page: 1 Filed: 05/06/2021
THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED:

 PER CURIAM (LOURIE, MOORE, and O’MALLEY, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT 

May 6, 2021 

Date

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 20-1696 Document: 42 Page: 2 Filed: 05/06/2021
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<PERIOD-START>                             JAN-01-1999
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<CASH>                                          73,125
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<SECURITIES-GAINS>                                 190
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<INCOME-PRETAX>                                 32,533
<INCOME-PRE-EXTRAORDINARY>                      32,533
<EXTRAORDINARY>                                      0
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<PAGE>   1

                                                                       Exhibit 4

                      AMENDMENT TO LCC INTERNATIONAL, INC.
                         1996 EMPLOYEE STOCK OPTION PLAN

     WHEREAS, LCC International, Inc. (the "Company") maintains the LCC
International, Inc. 1996 Employee Stock Option Plan (the "Plan");

     WHEREAS, the Company desires to amend the Plan to provide for full vesting
of options upon the occurrence of certain events; and

     WHEREAS, the Board of Directors of the Company has approved this amendment.

     NOW, THEREFORE, the Plan is hereby amended as follows:

1.        A new Section 19.6 is added to read as follows:

          SECTION 19.6. Effective as of August 1, 1999 and not withstanding any
other provision in Section 19 to the contrary, upon: (i) the dissolution or
liquidation of the Corporation, (ii) the sale of all or substantially all of the
assets of the Corporation to another person or entity, (iii) a merger,
consolidation or reorganization of the Corporation with one or more other
persons or entities where the Corporation is not the surviving entity, or (iv) a
merger, acquisition or other transaction in which the Corporation is the
surviving corporation that results in any person or entity (other than persons
who are holders of 5% or more of the stock of the Corporation at the time the
transaction is approved by the shareholders and other than any Affiliate)
acquiring beneficial ownership of 51% or more of the combined voting power of
all classes of stock of the Corporation, excluding any change in voting control
arising as a result of the conversion of Class "B" common stock of the
Corporation to Class "A" common stock of the Corporation or any distribution by
RF Investors, L.L.C. to any of its direct or indirect owners, investors or their
respective affiliates (within the meaning of Rule 405 of Regulation C under the
1933 Act), all outstanding shares subject to Options shall be deemed to have
vested, and all restrictions and conditions applicable to such shares subject to
Options shall be deemed to have lapsed, immediately prior to the occurrence of
such event (subject to the general limitations on exercise set forth in Section
11.3 hereof). Any termination of the Option in connection with a transaction
described in (i)-(iv) of this Section, the period during which the Option may be
exercised prior to such termination, and the required notice to be provided by
the Corporation to the Optionee prior to such termination shall be determined
according to Section 19.3 above.

2.        In all other respects the Plan is hereby ratified and confirmed.

          IN WITNESS WHEREOF, the Corporation has duly executed and delivered
this Amendment, or has caused this Amendment to be duly executed and delivered
in its name and on its behalf, as of July 27, 1999.

                            LCC INTERNATIONAL, INC.

                            By: /s/PETER A. DELISO

                            Its:  Vice President, General Counsel and Secretary
EXHIBIT 32





FAR VISTA INTERACTIVE CORP.





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 Far Vista Interactive Corp. (the “Company”) on Form 10-K for the year ending December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Bruce Hoggard, as Principal Financial Officer of the Company, hereby 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; and





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




Date: April 15, 2010
By:
/s/Bruce HoggardName:
Bruce HoggardTitle:
Principal Financial Officer





A signed original of this written statement required by Section 1350 of Title 18 of the United States Code 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.





The foregoing certification is being furnished as an exhibit to the Report pursuant to Item 601(b)(32) of Regulation S-K and Section 1350 of Title 18 of the United States Code and, accordingly, is not being filed with the Securities and Exchange Commission as part of the Report and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Report, irrespective of any general incorporation language contained in such filing.)
Exhibit 31(a)

                                  CERTIFICATION

     I, Alexander Edwards III, certify that:

     1. I have reviewed this annual report on Form 10-KSB\A of Nanobac
Pharmaceuticals, Incorporated;

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

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

     4. I am responsible for establishing and maintaining disclosure controls
and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
registrant and have:

     a) designed such disclosure controls and procedures to ensure that material
information relating to the registrant, is made known to me by others,
particularly during the period in which this annual report is being prepared;

     b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this annual
report (the "Evaluation Date"); and

     c) presented in this annual report our conclusions about the effectiveness
of the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

     5. I have disclosed, based on our most recent evaluation, to the
registrant's auditors and the audit committee of registrant's board of directors
(or persons performing the equivalent functions):

     a) all significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

     b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and

     6. I have indicated in this annual report whether or not there were
significant changes in internal controls or in other factors that could
significantly affect internal controls subsequent to the date of our most recent
evaluation, including any corrective actions with regard to significant
deficiencies and material weaknesses.

March 30, 2004
                                 By: /s/ Alexander Edwards, III
                                 -----------------------------------------------
                                 Alexander Edwards III, Chief Executive Officer
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


      The  undersigned  hereby 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
undersigned's  best knowledge and belief, the Annual Report on Form 10-K for the
Geodyne Energy Income Limited Partnership III-B ("Issuer") for the period ending
December 31, 2006 as filed with the  Securities  and Exchange  Commission on the
date hereof (the "Report"):

      (a)   fully complies with the  requirements of section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and

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

      Dated this 16th day of April, 2007.

                                GEODYNE ENERGY INCOME LIMITED
                                PARTNERSHIP III-B
                                ("Issuer")

                                //s// Dennis R. Neill
                                -----------------------------------
                                Dennis R. Neill
                                President (Chief Executive Officer)

                                //s// Craig D. Loseke
                                -----------------------------------
                                Craig D. Loseke
                                Chief Accounting Officer
                                (Chief Financial Officer)