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Case 15-13290-BFK Doc 22 Filed 10/28/15 Entered 10/28/15 13:09:37 Desc Main

 Document Page 3 of 3
AFS

- 13

- 051

- E December 0 3, 2012

Mr. Don M. Newman

One SeaSide Lane #801

Belleair, FL 33756

Dear Mr. Newman :

This letter is in response to your correspondence sent to the public docket dated October 23,

2012 (public docket No. FAA

- 2004

- 17352 ) petitioning the Fede ral Aviation Administration

f

or an extension to Exemption No. 8287 . That exemption from 14 Code of Federal

Regulations ( CFR ) § 91.109(a) and (b)(3) allowed you to conduct certain flight training and

to provide simulated instrument flight experience in cer tain Beechcraft aircr aft equipped with

a functioning throwover wheel

.

On Aug ust 31, 2011 , the FAA amended 14 CFR p art 91 related to throwover control wheels

( 76 FR 54095 ) . A copy of this rule change is enclosed for your information.

Because the relief you seek is now covered under the new rule, we will take no further action

on your petition.

Sincerely,

/s/

Ida M. Klepper

Manager, Airm e n and

Airspace Rules Division

Enclosure
Exhibit 10.41

AMENDMENT 2001-2 TO  EXECUTIVE DEFERRED COMPENSATION PLAN

This Amendment 2001-2 to the Hilton Hotels Corporation Executive Deferred Compensation Plan (this
"Amendment") is made and entered into as of November 14, 2001, by Hilton Hotels Corporation, a Delaware corporation (the "Company").

WHEREAS,the Company has adopted the Executive Deferred Compensation Plan effective as of January 1, 1997, as amended and restated
effective as of January 1, 2000, and as amended by Amendment 2001-1 thereto (as amended, the "Plan");

WHEREAS,pursuant to resolutions of the Board of Directors of the Company and the Compensation Committee thereof, the Company deems it
advisable to adopt certain amendments to the Change in Control provisions of its employee benefit plans; and

WHEREAS,the Compensation Committee and the Board of Directors of the Company deem it desirable and in the best interests of the Company
and its stockholders to amend the Plan to conform to the amendments made to the other employee benefit plans.

NOW, THEREFORE,in consideration of the conditions and agreements set forth in the Plan and this Amendment, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Company hereby amends the Plan as follows:

5.Definitions.Capitalized terms used in this Amendment, unless otherwise defined
herein, shall have the meaning ascribed to such terms in the Plan.

6.Amendments.Subject to the conditions set forth below, the Plan is hereby amended by
amending and restating the definition of "Change in Control" contained in Section 1.2 thereof to read in its entirety as follows:

"Change
in Control" shall mean the first to occur of any of the following events:



1

---



3.Corporate Action.The execution, delivery, and performance of this Amendment has been
duly authorized by all requisite corporate action on the part of the Company and this Amendment has been duly executed and delivered by the Company.

4.Severability.Any provision of this Amendment held by a court of competent
jurisdiction to be invalid or unenforceable shall not impair or invalidate the remainder of this Amendment and the effect thereof shall be confined to the provision so held to be invalid or
unenforceable.

5.References.Any reference to the Plan contained in any document, instrument or agreement executed
in connection with the Plan, except where the context otherwise requires, shall be deemed to be a reference to the Plan as modified by this Amendment.

6.Agreement.The Plan shall continue to be and remain in full force and effect in
accordance with the terms thereof, as modified by this Amendment.

[signature
page to follow]

2

---

IN WITNESS WHEREOF,the Company has executed this Amendment as of the day and year first above written.

| |  | HILTON HOTELS CORPORATION
| |  | -------------------------
| |  | By:                      

3

---

QuickLinks
### Geology of the Potosi quadrangle, Grant County, Wisconsin, and Dubuque County, Iowa

By: Jesse W. WhitlowWalter S. West

                            https://doi.org/10.3133/b1123I

#### Links

- More information:  **National Geologic Map Database Index Page**                            (html)
-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plates:                               - **Plate 33**                            (5205 pdf)                        
  - **Plate 34**                            (329 pdf)                        
  - **Plate 35**                            (249 pdf)                        
  - **Plate 36**                            (295 pdf) 
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
<PAGE>   1
                                                                   EXHIBIT 10(q)

     Amendments to The Hertz Corporation Long-Term Equity Compensation Plan
                 (Effective as of and Contingent Upon the Merger
                 of The Hertz Corporation with Ford FSGII, Inc.)



The last sentence of Section 1.3 of the Plan is amended to read as follows:

       "However, in no event may an Award be granted under the Plan on or after
       March 1, 2001."

Section 2.7 is amended to read as follows:

       "2.7. "COMMITTEE" means the Board of Directors of the Company or a
       committee of not less than two persons appointed by the Board pursuant to
       Section 3.1."

Section 2.31 of the Plan is amended to read as follows:

       "2.31. "SHARES" means "shares of common stock, par value $.01 per share
       of Ford Motor Company, to the extent that adjustments under Section 4.3
       provide for the conversion of Options previously based on the Company's
       Class A common stock to Options based on Ford Motor Company common stock
       as a result of the merger of the Company with Ford FSGII, Inc."

Section 3.1 is amended in its entirety to read as follows:

       "3.1. THE COMMITTEE. The Plan shall be administered by the Board of
       Directors of the Company or a committee of not less than two persons
       appointed by the Board."

The following sentence is added to the end of Section 4.3:

       "Notwithstanding anything contained herein to the contrary, such
       adjustments to outstanding Options based on Company Class A common stock
       may, in the case of the merger of the Company with Ford FSGII, Inc. be
       made by converting such Options into Options based on Ford Motor Company
       common stock, as determined and approved by the Committee and Ford Motor
       Company. To the extent that this is not feasible in certain countries for
       regulatory reasons, the applicable Options may be cashed out or converted
       to Ford stock appreciation rights or converted to Options based on Ford
       stock at a later date, if necessary. Notwithstanding the foregoing,
       Options held by any former employee who remains as a director of the
       Company following such merger may be cashed out based on a Black-Scholes
       value at the time of the merger.
§ 1340.13 Annual reporting requirements. ( a ) *Survey data.* States shall report the following information no later than March 1 of each year for the preceding calendar year's seat belt use survey, using the reporting form in appendix A to this part: ( 1 ) Spreadsheet in electronic format containing the raw data for each observation site and the observation site weight;
( 2 ) Statewide seat belt use rate estimate and standard error;
( 3 ) Nonresponse rate for the variable “belt use,” as provided in § 1340.9(f);
( 4 ) Dates of the reported data collection;
( 5 ) Observation sites, identified by type of observation site (*i.e.*, observation site selected in the original survey design, alternate observation site selected subsequent to the original survey design), and by characteristics of the observation site visit (*i.e.*, at least one vehicle observed, no vehicles observed); and
( 6 ) Name of the State survey statistician meeting the qualification requirements, as provided in § 1340.8(c).
( b ) *Certifications by Governor's Highway Safety Representative.* The Governor's Highway Safety Representative (GR) or if delegated in writing, the Coordinator of the State Highway Safety Office, shall sign the reporting form certifying that— ( 1 ) ________________has been designated by the Governor as the GR, and if applicable, the GR has delegated the authority to sign the certification in writing to ________________, the Coordinator of the State Highway Safety Office;
( 2 ) The reported Statewide seat belt use rate is based on a survey design that was approved by NHTSA, in writing, as conforming to the Uniform Criteria for State Observational Surveys of Seat Belt Use, 23 CFR Part 1340;
( 3 ) The survey design has remained unchanged since the survey was approved by NHTSA; and
( 4 ) ________________, a qualified survey statistician, reviewed the seat belt use rate reported in Part A (of the certification) and information reported in Part B and has determined that they meet the Uniform Criteria for State Observational Surveys of Seat Belt Use, 23 CFR part 1340.
( c ) [Reserved]
( d ) *Audits.* NHTSA may audit State survey results and data collection. The State shall retain the following records for five years and make them available to NHTSA in electronic format within four weeks of request: ( 1 ) Computation programs used in the sample selection;
( 2 ) Computation programs used to estimate the Statewide seat belt use rate and standard errors for the surveys conducted since the last NHTSA approval of the sample design; and
( 3 ) Sampling frame(s) for design(s) used since the last NHTSA approval of the sample design.
UNITED STATES OF AMERICA

before the

SECURITIES AND EXCHANGE COMMISSION

INVESTMENT ADVISERS ACT OF 1940

Release No. 5419 / December 19, 2019

ACCOUNTING AND AUDITING ENFORCEMENT

Release No. 4109 / December 19, 2019

Admin. Proc. File Nos. 3-18789 and 3-18790

IN THE MATTER OF 

KAREN BRUTON and

HOPE ADVISORS, LLC

NOTICE THAT INITIAL DECISION HAS BECOME FINAL

The time for filing a petition for review of the initial decision in this proceeding has 

expired. No such petition has been filed by Karen Bruton or Hope Advisors, LLC, or the 

Division of Enforcement, and the Commission has not chosen to review the decision on its own 

initiative.

Accordingly, notice is hereby given, pursuant to Rule 360(d) of the Commission's Rules 

of Practice,1that the initial decision of the administrative law judge has become the final 

decision of the Commission with respect to Karen Bruton and Hope Advisors, LLC.

2 The orders

contained in that decision are hereby declared effective. The initial decision ordered that

(a) pursuant to Section 203(f) of the Investment Advisers Act of 1940, Karen Bruton is barred 

from associating with any broker, dealer, investment adviser, municipal securities dealer, 

municipal advisor, transfer agent, or nationally recognized statistical rating organization;

(b) pursuant to Section 203(e) of the Investment Advisers Act of 1940, Hope Advisors, LLC, is 

censured; and (c) the charges pursuant to 17 C.F.R. § 201.102(e)(3) against Karen Bruton are 

dismissed. 

For the Commission, by the Office of the General Counsel, pursuant to delegated 

authority.

Vanessa A. Countryman

 Secretary

 

1

 17 C.F.R. § 201.360(d).

2

 Karent Bruton and Hope Advisors, LLC, Initial Decision Release No. 1386 (Sep. 16, 2019), 

2019 WL 4693573.
Exhibit 32.1

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

In connection with the quarterly report of PremierWest Bancorp (the Company) on Form 10-Q for the quarter
ending March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James M. Ford, the President & 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:



| | 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 result of operations of the Company
for the period certified.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This certification is being furnished solely to comply with the
requirements of 18 U.S.C. Section 1350, and shall not be incorporated by reference into any of the Companys filings under the Securities Act of 1933 or the Securities Exchange Act of 1934, or otherwise be deemed to be filed as part of the
Report or under such Acts.

|                   |  |  |  |  |  |                                    
|------------------ |  |  |  |  |  | -----------------------------------
|                   |  |  | 
|Date: May 10, 2010 |  |  |  |  |  | /s/ James M. Ford                  
|                   |  |  |  |  |  | James M. Ford                      
|                   |  |  |  |  |  | President & Chief Executive Officer
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

ADMINISTRATIVE PROCEEDINGS RULINGS

Release No. 6877/October 31, 2022

ADMINISTRATIVE PROCEEDING

File No. 3-20801

In the Matter of :

:

DF GROWTH REIT II, LLC : ORDER

The Securities and Exchange Commission instituted this proceeding with an Order 

Temporarily Suspending Exemption Pursuant to Section 3(b) of the Securities Act of 1933 and Rule 

258 of Regulation A1 Thereunder and Notice of Opportunity for Hearing on March 16, 2022. 

Respondent DF Growth REIT II, LLC (Respondent or REIT II), requested a hearing, and, on March 

31, 2022, the Commission ordered that the matter be heard by an Administrative Law Judge (ALJ). 

On May 16, 2022, the proceeding was reassigned to the undersigned. The Division of 

Enforcement’s Motion for Summary Disposition and responsive pleadings are pending.

2

 

Following the ruling on the motion for summary disposition, a hearing may be required on 

questions of material fact bearing on one or more claims or defenses. The parties’ October 25, 

2022, Joint Status Report states that both anticipate being available from April 17 to April 28, 2023,

for a hearing.

3

 Accordingly, the hearing, if required, will commence on April 17, 2023. The 

hearing will be held by remote means. A prehearing conference will be scheduled before the

hearing date. 

IT IS SO ORDERED. 

/S/ Carol Fox Foelak 

Carol Fox Foelak

Administrative Law Judge

 

1 Regulation A consists of Securities Act Rules: 17 C.F.R. §§ 230.251-263 (Rules 251-263).

2

See DF Growth REIT II, LLC, Admin. Proc. Rulings Release No. 6869, 2022 SEC LEXIS 2375

(A.L.J. Sept. 14, 2022). The proceeding was stayed between August 15 and September 14, 2022, 

based on the parties’ request for a Stay Pending Commission Consideration of Offer of Settlement. 

Id. 

3

See DF Growth REIT II, LLC, Admin. Proc. Rulings Release No. 6876, 2022 SEC LEXIS 2805

(A.L.J. Oct. 14, 2022).
#### § 207.5 Waiting lists and priority handling.

Waiting lists are maintained for each designated refugee group of special humanitarian concern. Each applicant whose application is accepted for filing by USCIS shall be registered as of the date of filing. The date of filing is the priority date for purposes of case control. Refugees or groups of refugees may be selected from these lists in a manner that will best support the policies and interests of the United States. The Secretary may adopt appropriate criteria for selecting the refugees and assignment of processing priorities for each designated group based upon such considerations as reuniting families, close association with the United States, compelling humanitarian concerns, and public interest factors.

[76 FR 53783, Aug. 29, 2011]
EXHIBIT 31.2

              CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO
            SECURITIES AND EXCHANGE ACT RULES 13A-14(A) AND 15D-14(A)
                             AS ADOPTED PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002


I, Christopher J. LeClerc, certify that:

         1. I have  reviewed  this  quarterly  report  on Form  10-QSB  of Liska
Biometry, Inc.

         2. Based on my knowledge,  this  quarterly  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
quarterly report;

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

         4. The registrant's  other certifying officer and I are responsible for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

                  a) designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under our supervision, to
ensure that  material  information  relating to the  registrant,  including  its
consolidated subsidiaries,  is made known to us by others within those entities,
particularly during the period in which this quarterly report is being prepared;
and

                  b) evaluated the effectiveness of the registrant's  disclosure
controls and procedures and presented in this report our  conclusions  about the
effectiveness  of the disclosure  controls and procedures,  as of the end of the
period covered by this report based on such evaluation; and

         5. The  registrant's  other  certifying  officer and I have  disclosed,
based  on  our  most  recent  evaluation  of  internal  control  over  financial
reporting,  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 and material  weakness in the
design or operation of internal  controls  over  financial  reporting  which are
reasonably  likely to  adversely  affect  the  registrant's  ability  to record,
process, summarize and report financial data; and

                  b)  any  fraud,   whether  or  not  material,   that  involves
management or other  employees who have a significant  role in the  registrant's
internal control over financial reporting.


     Dated: September 6, 2006       By: /s/ Christopher J. LeClerc
                                        ---------------------------------
                                        Christopher J. LeClerc,
                                        Chief Financial Officer,
                                        Liska Biometry, Inc.
### §611. Permits to cut and remove timber; citizens of Idaho and Wyoming

It shall be lawful for the Secretary of the Interior to grant permits under the provisions of section 607 of this title, to citizens of Idaho and Wyoming to cut timber in the State of Wyoming west of the Continental Divide on the Snake River and its tributaries to the boundary line of Idaho, for agricultural, mining, or other domestic purposes, and to remove the timber so cut to the State of Idaho.

(Mar. 3, 1891, ch. 561, §8 (part), as added July 1, 1898, ch. 546, §1, 30 Stat. 618.)

#### **Editorial Notes**

#### Codification

Section is derived from act July 1, 1898, which recites that it amends section 8 of act Mar. 3, 1891, which is the source of section 607 of this title, by adding this section thereto. Section 8 of act Mar. 3, 1891, is classified to sections 607, 608 to 611a of this title.
### §522. Omitted

#### **Editorial Notes**

#### Codification

Section, act Feb. 15, 1901, ch. 372, 31 Stat. 790; Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272, which authorized the Secretary of the Interior to permit the use of rights-of-way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant national parks, California, for various public utility purposes, was omitted in view of the repeal of its provisions insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System by Pub. L. 94–579. Act Feb. 15, 1901 is also classified to section 959 of Title 43, Public Lands, and was also classified to section 79 of this title prior to its omission from the Code.