alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1


<TABLE>
                                                                                          EXHIBIT 11

                                                  FTP SOFTWARE, INC.

                             WEIGHTED SHARES USED IN COMPUTATION OF EARNINGS PER SHARE


<CAPTION>
                                                                    FULLY DILUTED              PRIMARY

<S>                                                                  <C>                      <C>
FOR THE YEAR ENDED DECEMBER 31, 1996:
     Common stock outstanding, beginning of the year                 26,506,729               26,506,729
     Weighted average common stock issued during 1996                 3,389,301                3,389,301
                                                                     ----------               ----------
     Weighted average shares of common stock outstanding,
         end of the year                                             29,896,030               29,896,030
                                                                     ==========               ==========



FOR THE YEAR ENDED DECEMBER 31, 1995:
     Common stock outstanding, beginning of the year                 23,344,122               23,344,122
     Weighted average common stock issued during 1995                 1,811,161                1,811,161
     Weighted average common stock equivalents                        4,304,545                4,304,545
     Weighted average treasury shares acquired using
         the treasury stock method                                   (1,197,232)              (1,244,628)
                                                                     ----------               ----------
     Weighted average shares of common stock outstanding,
         end of the year                                             28,262,596               28,215,200
                                                                     ==========               ==========


FOR THE YEAR ENDED DECEMBER 31, 1994:
     Common stock outstanding, beginning of the year                 21,693,780               21,693,780
     Weighted average common stock issued during 1994                   768,112                  768,112
     Weighted average common stock equivalents                        7,911,313                7,940,918
     Weighted average treasury shares acquired using
         the treasury stock method                                   (1,303,289)              (1,849,923)
                                                                     ----------               ----------
     Weighted average shares of common stock outstanding,
         end of the year                                             29,069,916               28,552,887
                                                                     ==========               ==========



</TABLE>
exv10wxdy



 







Exhibit 10 (d)




June 5,
2006


SUPPLEMENT TO

UAW-GM-DELPHI SPECIAL ATTRITION PROGRAM AGREEMENT

DATED MARCH 22, 2006



Delphi, GM and the UAW agree on the following supplement (the “Supplement”) to the Special
Attrition Program dated March 22. 2006, and the administrative clarifications dated March 27, 2006
(the “Program”):





	1.	 	Paragraph 3.b of the Program is supplemented to make available to employees with at least 26
years of credited service but less than 27 years of credited service regardless of age special
voluntary placement in a pre-retirement program. The gross monthly wages while in the program
will be $2,750. The “Ceiling Amount” of $75 million referenced in Paragraph 3.b.iv of the
Program will be increased to $90 million. All of the remaining terms of the Program shall
apply.






	2.	 	In addition to existing Program options, GM, Delphi and the UAW agree that Delphi employees
will be offered buyouts to sever all ties with Delphi and GM except vested pension benefits.
Employees will only be eligible to elect one option under the UAW Special Attrition Program
Agreement or this Supplement. Employees with 10 or more years of seniority or credited
service, whichever is greater, are eligible for $140,000 and traditional employees with less
than 10 years seniority are eligible for $70,000 (the “Buyout Payments”), less withholdings.
Employees hired under the Supplemental New Hire Agreement prior to March 22, 2006 are eligible
for a Buyout Payment amount prorated to $40,000, less withholdings. GM and Delphi will each
pay one-half the buyout amounts due under this Paragraph 2. Notwithstanding paragraph 7 of the
Program, GM will receive an allowed prepetition general unsecured claim in the aggregate
amount of all Buyout Payments actually paid by GM pursuant to the Program.






	3.	 	These expanded options will be offered on a nation-wide basis expeditiously. The application
period for these expanded options, timing of the pre-retirement program and buyouts and the
release dates will be determined by the joint UAW-Delphi National Parties but in any event no
later than January 1, 2007.






	4.	 	All of the remaining provisions of the Program as approved by the U.S. Bankruptcy Court for
the Southern District of New York (“the Court”) are affirmed.






	5.	 	The effectiveness of all terms and conditions of this Supplement are conditioned on approval
of the Supplement by the Court pursuant to entry of an order that is satisfactory to each of
Delphi, GM and the UAW and which provides for the allowance of GM’s claim as described in
Paragraph 2 .above.
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.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Heart, Lung, and Blood Institute Special Emphasis Panel. ZHL1 CSR-J M2 R Sibling Donor Cord Blood Banking And Transplantation Applications.                    

*Date:*                         March 13, 2001.                    

*Time:*                         3 p.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         6701 Rockledge Dr. II, NIH, Bethesda, MD 20892, (Telephone Conference Call).                    

*Contact Person:*                         Robert B Moore, PhD, Scientific Review Administrator, Review Branch, Room 7192, Division of Extramural Affairs, National Heart, Lung, and Blood Institute, National Institutes of Health, Bethesda, MD 20892, 301/435-3541.                     

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)

Dated: February 14, 2001.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 01-4453  Filed 2-22-01; 8:45 am]

BILLING CODE 4140-01-M
947 A.2d 712

#### Paul PARKER, Appellant v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Appellee.

Supreme Court of Pennsylvania.

April 30, 2008.

*ORDER*

PER CURIAM.

AND NOW, this 30th day of April, 2008, the order of the Commonwealth Court is hereby AFFIRMED.

Jurisdiction relinquished.
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

I,
Carlos Alberini, President and Chief Operating Officer of Guess?, Inc. (the "Company"), do 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 my knowledge:



Date: March 30, 2010

By:

/s/ CARLOS ALBERINI Carlos Alberini President and Chief Operating 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 Guess?, Inc. and will be retained by Guess?, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.

---



QuickLinks
V

103D CONGRESS

1ST SESSION H. R. 2410

To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise

trade of the United States for each of the vessels MARINER and

NORTHERN LIGHT.

IN THE HOUSE OF REPRESENTATIVES

JUNE 14, 1993

Mr. MACHTLEY introduced the following bill; which was referred to the

Committee on Merchant Marine and Fisheries

A BILL

To authorize the Secretary of Transportation to issue a

certificate of documentation with appropriate endorsement for employment in the coastwise trade of the United States for each of the vessels MARINER and

NORTHERN LIGHT.

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

3 That notwithstanding section 27 of the Merchant Marine

4 Act, 1920 (46 App. U.S.C. 883) and section 12106,

5 12107, or 12108 of title 46, United States Code, the Sec6 retary of Transportation may issue a certificate of docu-
2

•HR 2410 IH

1 mentation with appropriate endorsement for employment

2 in the coastwise trade of the United States for each of—

3 (1) the vessel MARINER (official number

4 285452); and

5 (2) the vessel NORTHERN LIGHT (official

6 number 237510).

Æ
Exhibit 31.2

**CERTIFICATION**

I, Borden D. Rosiak, the Chief Financial Officer of Crystallex International Corporation (the “Company”), certify that:

1. I have reviewed this amendment to annual report on Form 40-F/A – No. 1 for the year ended December 31, 2004, of the Company;

2. Based on my knowledge, this 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 report.

Date: May 5, 2005 

/s/ Borden D. RosiakBorden D. RosiakChief Financial Officer

----
Calendar No. 356

103D CONGRESS

2D SESSION H. R. 2555

AN ACT

To designate the Federal building located at 100

‘‘Potter Stewart United States Courthouse’’.East Fifth Street in Cincinnati, Ohio, as the

JANUARY 28 (legislative day, JANUARY 25), 1994

Reported without amendment
II

Calendar No. 356

103D CONGRESS

2D SESSION H. R. 2555

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 14 (legislative day, SEPTEMBER 7), 1993

Received; read twice and referred to the Committee on Environment and

Public Works

JANUARY 28 (legislative day, JANUARY 25), 1994

Reported by Mr. BAUCUS, without amendment

AN ACT

To designate the Federal building located at 100 East Fifth

Street in Cincinnati, Ohio, as the ‘‘Potter Stewart United

States Courthouse’’.

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

3 SECTION 1. DESIGNATION.

4 The Federal building located at 100 East Fifth

5 Street in Cincinnati, Ohio, shall be known and designated

6 as the ‘‘Potter Stewart United States Courthouse’’.
2

•HR 2555 RS

1 SEC. 2. REFERENCES.

2 Any reference in a law, map, regulation, document,

3 paper, or other record of the United States to the Federal

4 building referred to in section 1 shall be deemed to be

5 a reference to the ‘‘Potter Stewart United States

6 Courthouse’’.

Passed the House of Representatives September 13,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

________________

No. 14

- 1126

________________

M.D. STEVEN S. SIMRING,

United States of America, ex rel.

v.

RUTGERS, The State University of New Jersey;

UNIVERSITY HOSPITAL; NEW JERSEY MEDI CAL SCHOOL;

JAMES LAWLER; JOHN DOES 1

- 25, (Employees of University of Medicine and

Dentistry), UMDNJ

- University

Hospital and/or New Jersey Medical School; CHAIRMAN OF THE BOARD

UNIVERSITY PHYSICIAN ASSOCIATES;

MICHAEL SAULICH; CATHERINE GIBBONS; UNIVERSITY PHYSICIAN

ASSOCIATES OF NEW JERSEY INC.

M.D. Steven S. Simring,

Appellant

________________

Appeal from the United States District Court

for the District of New Jersey

(D.C. Civil Action No. 3

- 04

- cv

- 03530)

District Judge: Honorable Peter G. Sheridan

________________

Before: AMBRO, SCIRICA, and ROTH, Circuit Judges

SUR PETITION FOR PANEL REHEARING

__________________________________

The petition for panel rehearing filed by Appellant, Steven Simring, M.D. in th e

above entitled case having been submitted to the judges who participated in the decisionof this Court, it is hereby ORDERED that the petition for rehearing by the panel is

granted. The opinion and judgment entered July 7, 2015 are hereby VACATED. 1 A

s ubsequent opinion and judgment will be issued.

By the Court,

s/ Thomas L. Ambro, Circuit Judge

Dated: August 4, 2015

1 As the merits panel has vacated the prior opinion and judgment, action is not required

by the en banc court.
2009-1591.

#### State v. Majid.

Cuyahoga App. No. 90491, 2009-Ohio-3075. On motion for stay pending jurisdictional determination. Motion denied.
Exhibit 32.1

CERTIFICATION

Pursuant to 18 U.S.C. § 1350, I, Scott D. Kaplan, Chief Executive Officer of Pruco Life Insurance Company of
New Jersey, hereby certify that the accompanying Quarterly Report on Form 10-Q for the quarter ended June 30, 2009, containing the financial statements of Pruco Life of New Jersey Variable Contract Real Property Account (a separate account of
Pruco Life Insurance Company of New Jersey) and The Prudential Variable Contract Real Property Partnership (the Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Pruco Life of New Jersey Variable Contract Real Property Account and The Prudential Variable Contract Real
Property Partnership.

Date: August 13, 2009



/s/ Scott D. KaplanScott D. KaplanChief Executive OfficerPruco Life Insurance Company of New Jersey


The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and
is not being filed as part of the Report or as a separate disclosure document.
[No. 57858-8-I.

Division One.

October 1, 2007.]

#### The State of Washington, *Respondent,*v. Tony Dale Penwell, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 04-1-13613-6, Suzanne M. Barnett, J., entered February 17, 2006. *Affirmed*by unpublished per curiam opinion.
Exhibit 32   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 Oak Ridge Micro-Energy, Inc. (the Registrant) on Form 10-Q for the period ending June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Annual Report), I, Mark L. Meriwether, President of the Registrant, 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 Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.  Date:November 13, 2009By:/s/Mark L. MeriwetherMark L. Meriwether, President and Director
#### Delost et al., Appellants, *v.*FirstEnergy Corporation et al.; Ohio Edison Company, Appellee.

[Cite as *Delost v. FirstEnergy Corp.,*123 Ohio St.3d 113, 2009-Ohio-4305.]

(No. 2008-1329

Submitted July 14, 2009

Decided September 1, 2009.)

{¶ 1} The certified question is answered by our opinion in *Corrigan v. Illum. Co.,*122 Ohio St.3d 265, 2009-Ohio-2524, 910 N.E.2d 1009, and the judgment of the court of appeals is affirmed.

Moyer, C.J., and Lundberg Stratton, O’Connor, and Lanzinger, JJ., concur.

Pfeifer, O’Donnell, and Cupp, JJ., dissent.

*114Raymond M. Delost and Jennifer Boyle Beck, for appellants.

Harrington, Hoppe *&*Mitchell, Ltd., and John T. Dellick, for appellee.

Reminger Co., L.P.A., Patrick Kasson, and Melvin Davis, urging affirmance for amici curiae Asplundh Tree Expert Co. and Nelson Tree Service, Inc.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          63,880
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    383,469
<INVESTMENTS-CARRYING>                          13,732
<INVESTMENTS-MARKET>                            13,895
<LOANS>                                      1,744,254
<ALLOWANCE>                                     27,398
<TOTAL-ASSETS>                               2,250,394
<DEPOSITS>                                   1,770,133
<SHORT-TERM>                                   209,190
<LIABILITIES-OTHER>                             12,901
<LONG-TERM>                                    105,007
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           114
<OTHER-SE>                                     153,049
<TOTAL-LIABILITIES-AND-EQUITY>               2,250,394
<INTEREST-LOAN>                                111,579
<INTEREST-INVEST>                               18,921
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                               130,500
<INTEREST-DEPOSIT>                              55,284
<INTEREST-EXPENSE>                              10,925
<INTEREST-INCOME-NET>                           64,291
<LOAN-LOSSES>                                   14,210
<SECURITIES-GAINS>                               (215)
<EXPENSE-OTHER>                                 39,196
<INCOME-PRETAX>                                 19,206
<INCOME-PRE-EXTRAORDINARY>                      19,206
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    11,997
<EPS-BASIC>                                       1.19
<EPS-DILUTED>                                     1.16
<YIELD-ACTUAL>                                    8.24
<LOANS-NON>                                     13,977
<LOANS-PAST>                                     1,467
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                25,030
<CHARGE-OFFS>                                   13,667
<RECOVERIES>                                     1,825
<ALLOWANCE-CLOSE>                               27,398
<ALLOWANCE-DOMESTIC>                            27,398
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 10668 Summary Calendar

UNITED STATES OF AMERICA ,
Plaintiff

− Appellee ,

v ersus
JOSE COLORADO PEREZ, A lso K nown as Jose Perez ,
Defendant

− Appellant

.

Appeal from the United States District Court for the Northern District of Texas No. 3:13

- CR

- 247

- 5

Before SMITH, WIENER, and ELROD, Circuit Judges.
PER CURIAM: *

Jose Colorado Perez appeals his sentence for possession with intent to
distribute heroin in violation of 21 U.S.C. § 841. Although Colorado Perez

* 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 May 5, 2015 Lyle W. Cayce Clerk Case: 14-10668 Document: 00513031491 Page: 1 Date Filed: 05/05/2015No. 14

- 10668

claims that his appellate waiver is unenforceable, the record shows that it was knowing and voluntary, because he knew that he had the right to appeal and that he was giving up that right by entering into the plea agreement. See
United States v. Bond , 414 F.3d 542, 544 ( 5th Cir. 2005); United States v. Por

tillo , 18 F.3d 290, 292

- 93 (5th Cir. 1994) ; see also United States v. Jacobs , 635 F.3d 778, 781 (5th Cir. 2011) . Additionally, the waiver, which the govern ment invokes, precludes consideration of Colorado Perez’s clai m concerning his sen

tence. Accordingly, the g overnment’s motion to dismiss is GRANTED, and the appeal is DISMISSED.

2 Case: 14-10668 Document: 00513031491 Page: 2 Date Filed: 05/05/2015
[No. 58281-0-I.

Division One.

September 10, 2007.]

#### The State of Washington, *Respondent,*v. Michael Zane Hickok, *Appellant.*

Appeal from a judgment of the Superior Court for Island County, No. 05-1-00157-8, Vickie I. Churchill, J., entered May 26, 2006. *Affirmed*by unpublished per curiam opinion.