alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.53 

AMENDMENT NO. 1 TOHIBERNIA CORPORATION 

SUPPLEMENTAL STOCK COMPENSATIONPLAN 

FOR KEY MANAGEMENTEMPLOYEES 

        THIS AMENDMENT NO. 1 (the "Amendment") to the Hibernia  Corporation  Deferred  Compensation Plan for Key Management  Employees(the "Plan") is made as of the 22nd day of October 2002.

RECITALS 

        WHEREAS,Hibernia Corporation, a Corporation organized and existing under the laws of the State ofLouisiana (the “Company”) maintains the Plan, which was adopted by the ExecutiveCompensation Committee of the Board of Directors of the Company (the“Committee”); and 

        WHEREAS,under the terms of the Plan, the Committee has the authority to amend the Plan; and 

        WHEREAS, theCommittee adopted the following amendments to the Plan on October 22, 2002; 

        NOW,THEREFORE, in consideration of the premises set forth above, and effective as of the datefirst above written, the Plan shall be and hereby is amended as follows: 

PLAN AMENDMENTS 

        1.                 Paragraph 2.3 of the Plan entitled “Adjustment Date” is hereby amended          by deleting the existing paragraph 2.3 and substituting the following paragraph          2.3 it its place:
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Case 18-10379-BFK Doc 20 Filed 06/01/18 Entered 06/01/18 09:46:14 Desc Main

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May 31 2018 /s/ Brian F. Kenney

Entered on Docket: June 1, 2018

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### §6752. Purpose

The purpose of the Association shall be to provide a mechanism through which licensing, continuing education, and other nonresident insurance producer qualification requirements and conditions may be adopted and applied on a multi-state basis without affecting the laws, rules, and regulations, and preserving the rights of a State, pertaining to—

(1) licensing, continuing education, and other qualification requirements of insurance producers that are not members of the Association;

(2) resident or nonresident insurance producer appointment requirements;

(3) supervising and disciplining resident and nonresident insurance producers;

(4) establishing licensing fees for resident and nonresident insurance producers so that there is no loss of insurance producer licensing revenue to the State; and

(5) prescribing and enforcing laws and regulations regulating the conduct of resident and nonresident insurance producers.

(Pub. L. 106–102, title III, §322, as added Pub. L. 114–1, title II, §202(a), Jan. 12, 2015, 129 Stat. 13.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to this section were contained in section 6753 of this title, prior to the general amendment of this subchapter by Pub. L. 114–1.

A prior section 6752, Pub. L. 106–102, title III, §322, Nov. 12, 1999, 113 Stat. 1424, related to National Association of Registered Agents and Brokers, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6751 of this title.
### §495. Leases of lands for sanitariums or hotels

The Secretary of Agriculture is authorized, under such rules and regulations as he from time to time may make, to rent or lease to responsible persons or corporations applying therefor suitable spaces and portions of ground near, or adjacent to, mineral, medicinal, or other springs, within any national forest established within the United States, or hereafter to be established, and where the public is accustomed or desires to frequent, for health or pleasure, for the purpose of erecting upon such leased ground sanitariums or hotels, to be opened for the reception of the public. And he is further authorized to make such regulations, for the convenience of people visiting such springs, with reference to spaces and locations, for the erection of tents or temporary dwelling houses to be erected or constructed for the use of those visiting such springs for health or pleasure. And the Secretary of Agriculture is authorized to prescribe the terms and duration and the compensation to be paid for the privileges granted under the provisions of this section.

(Feb. 28, 1899, ch. 221, §1, 30 Stat. 908; Feb. 1, 1905, ch. 288, §1, 33 Stat. 628.)

#### **Editorial Notes**

#### Codification

"National forest" substituted in text for "forest reserves" on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests.

#### **Statutory Notes and Related Subsidiaries**

#### Transfer of Functions

Act Feb. 1, 1905 transferred certain functions with regard to administration of national forests from Secretary of the Interior to Secretary of Agriculture.
FROM: THE DISTRICT COURT OF THE TWELFTH JUDICIAL DISTRICT, COUNTY OF CHOUTEAU,

#### STATE OF MONTANA, Plaintiff, vs. CLARENCE DELBERT LABRECHE, Defendant.

NO. DC-89-006 DECISION

DATED this 8th day of March, 1990.

On August 7, 1989, the Defendant was sentenced to Count I, R 2obbery, seven (7) years; Counts II, III, and IV, Assault, five (5) years on each count; said sentences are to run concurrent and concurrent to any sentence imposed in federal court; $3,000 fine; surcharge; 9 days credit for time served; dangerous designation.

On March 8, 1990, the Defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The Defendant waived his right to be present and was represented by Walter M. Hennessey, Attorney from Butte.

The state was not represented.

Before hearing the application, Mr. Hennessey advised his client that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also to increase it if such is possible. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

After careful consideration, it is the unanimous decision of the Sentence Review Division that the Judgment will be affirmed with the following modification, in the Judgment of August 7,1989, page 3, line 11, delete the words “but not less than thirty (30) days prior to discharge” and substitute the following phrase “upon discharge from State and Federal custody to be paid during the term of his parole”.

The reason for the decision is not to relieve him from the payment of $3,000 nor to keep him in prison until he has paid the $3,000, but rather that it be paid after he has been paroled either from the State Prison or from his Federal custody, whichever comes later, but certainly before he is discharged from parole.
**Exhibit 32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the AnnualReport on Form 10-K of EarthLink, Inc. (the “Company”) for the periodended March 31, 2009 as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), I, Kevin M. Dotts, Chief Financial Officerof the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my knowledgethat:

 

(1)          the Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)   the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 
| /s/ KEVIN M. DOTTS       |   |
|--------------------------|--------|
|                     |   |
| Kevin  M. Dotts          |   |
| Chief  Financial Officer |   |
| May 1,  2009        |   |

 

----
# C_2012109EN.01000401.xml

| 14.4.2012 | EN | Official Journal of the European Union | C 109/4 |
| --- | --- | --- | --- |

14.4.2012

EN

Official Journal of the European Union

C 109/4

---

Order of the Court (Eighth Chamber) of 29 November 2011 — Tresplain Investments Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Hoo Hing Holdings Ltd

(Case C-76/11 P) (1)

1

(Appeals - Community trade mark - Regulation (EC) No 40/94 - Articles 8(4) and 52(1)(c) - Community figurative mark Golden Elephant Brand - Application for a declaration of invalidity based on a non-registered national figurative mark GOLDEN ELEPHANT - Reference to the national law governing the earlier trade mark - Common-law action for passing-off)

2012/C 109/06

Language of the case: English

Parties

Parties

Appellant: Tresplain Investments Ltd. (represented by: B. Brandreth, Barrister)

Appellant:

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent) Hoo Hing Holdings Ltd (represented by: M. Edenborough QC)

Other parties to the proceedings:

Re:

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 9 December 2010 in Case T-303/08 Tresplain Investments Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), by which the Court dismissed the action brought by the proprietor of the Community figurative mark ‘Golden Elephant Brand’, for goods in class 30, against Decision R 889/2007-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 May 2008, annulling the decision of the Cancellation Division which had rejected an application for a declaration of invalidity of that mark, brought by the proprietor of the unregistered national figurative mark ‘GOLDEN ELEPHANT’, for goods in class 30 — Interpretation and application of Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009)

Tresplain Investments Ltd

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Operative part of the order

Operative part of the order

| 1. | Dismisses the appeal. |
| --- | --- |

1.

Dismisses the appeal.

| 2. | Orders Tresplain Investments Ltd to pay the costs. |
| --- | --- |

2.

Orders Tresplain Investments Ltd to pay the costs.

---

(1)  OJ C 120, 16.4.2011.

1

---
### §6304. Great Ape Conservation Fund

#### (a) Establishment

There is established in the Multinational Species Conservation Fund a separate account to be known as the "Great Ape Conservation Fund", consisting of—

(1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e);

(2) amounts appropriated to the Fund under section 6305 of this title; and

(3) any interest earned on investment of amounts in the Fund under subsection (c).

#### (b) Expenditures from Fund

#### (1) In general

Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 6303 of this title.

#### (2) Administrative expenses

Of the amounts in the account available for each fiscal year, the Secretary may expend not more than 3 percent, or up to $150,000, whichever is greater, to pay the administrative expenses necessary to carry out this chapter.

#### (c) Investment of amounts

#### (1) In general

The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States.

#### (2) Acquisition of obligations

For the purpose of investments under paragraph (1), obligations may be acquired—

(A) on original issue at the issue price; or

(B) by purchase of outstanding obligations at the market price.

#### (3) Sale of obligations

Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.

#### (4) Credits to Fund

The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.

#### (d) Transfers of amounts

#### (1) In general

The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.

#### (2) Adjustments

Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

#### (e) Acceptance and use of donations

The Secretary may accept and use donations to provide assistance under section 6303 of this title. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund.

(Pub. L. 106–411, §5, Nov. 1, 2000, 114 Stat. 1793; Pub. L. 109–363, title VII, §702, Oct. 17, 2006, 120 Stat. 2082; Pub. L. 116–9, title VII, §7001(c)(2)(C), Mar. 12, 2019, 133 Stat. 785.)

#### **Editorial Notes**

#### Amendments

2019—Subsec. (b)(2). Pub. L. 116–9 substituted "$150,000" for "$100,000".

2006—Subsec. (b)(2). Pub. L. 109–363 substituted "expend" for "expand" and "$100,000" for "$80,000".
###### Editorial Note on Part 0

#### Editorial Note:

Nomenclature changes to part 0 appear at 73 FR 73 FR 54947, Sept. 24, 2008.

#### § 0.29i Audit, inspection, and review authority.

The OIG is authorized to perform audits, inspections, and reviews of the programs and operations of the Department of Justice and of entities contracting with or obtaining benefits from the Department.
### §574. Damages caused private property in protection, administration, and improvement of national forests; reimbursement

The Secretary of Agriculture is authorized to reimburse owners of private property for damage or destruction thereof caused by employees of the United States in connection with the protection, administration, or improvement of the national forests, payment to be made from any funds appropriated for the protection, administration, and improvement of the national forests: Provided, That no payment in excess of $2,500 shall be made on any such claim.

(May 27, 1930, ch. 337, §2, 46 Stat. 387; Pub. L. 87–869, §8, Oct. 23, 1962, 76 Stat. 1157.)

#### **Editorial Notes**

#### Amendments

1962—Pub. L. 87–869 increased from $500 to $2,500 the authorization for reimbursement of owners of private property for damages caused in protection, administration, and improvement of national forests.
#### § 655.606 Higher cost materials.

The use of signing, pavement marking, and signal materials (or equipment) having distinctive performance characteristics, but costing more than other materials (or equipment) commonly used may be approved by the FHWA Division Administrator when the specific use proposed is considered to be in the public interest.
Exhibit 23


                        Consent of KPMG Peat Marwick LLP


   The Board of Directors
   Hein-Werner Corporation:

   We consent to incorporation by reference in the registration statement
   (Registration No. 333-48633) on Form S-8 of Hein-Werner Corporation of our
   report dated February 13, 1998, relating to the consolidated balance
   sheets of Hein-Werner Corporation and subsidiaries as of December 31, 1997
   and 1996, and the related consolidated statements of operations and cash
   flows for each of the years in the three-year period ended December 31,
   1997, and our report dated February 13, 1998, relating to the financial
   statement schedule for each of the years in the three-year period ended
   December 31, 1997 which reports appear in the December 31, 1997 Annual
   Report on Form 10-K of Hein-Werner Corporation.


                                                    /s/ KPMG Peat Marwick LLP
                                                        KPMG Peat Marwick LLP


   Milwaukee, Wisconsin 
   March 31, 1998
<PAGE>

HERCULES INCORPORATED

                                                                   EXHIBIT 23.01

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements of Hercules Incorporated on Form S-8 (Registration Nos. 33-37279,
33-21668, 33-21667, 33-47664, 33-51178, 33-66136, 33-62314, 33-65352, 333-38795,
333-38797 and 333-68863) and on Form S-3 (Registration Nos. 333-63423 and
333-29225) of our report dated March 26, 2003, relating to our audits of the
consolidated financial statements and financial statement schedules of Hercules
Incorporated and subsidiaries as of December 31, 2002 and December 31, 2001 and
for each of the three years in the period ended December 31, 2002, which report
is included in the Annual Report on Form 10-K filed with the Securities and
Exchange Commission on March 31, 2003.

/s/ PricewaterhouseCoopers LLP
Philadelphia, Pennsylvania
March 31, 2003

                                       92
### §81j. Transfer of lands to Secretary of Navy

The Secretary of the Interior be, and he is, authorized and directed to transfer to the Secretary of the Navy complete control and jurisdiction over a parcel of land within the Colonial National Historical Park, Yorktown, Virginia, described as follows:

Beginning at a point on the existing property line between the United States naval mine depot and the Colonial National Monument Parkway properties, said point being a fence corner seven hundred and sixty-five feet, more or less, southeast of the marine barracks gate; thence south fifty-six degrees thirty-eight minutes east fifty-three and fifteen one-hundredths feet, more or less; thence south fifty degrees sixteen minutes east three hundred and twelve feet, more or less; thence south thirty-nine degrees forty-four minutes west one hundred and twenty-five and seven one-hundredths feet, more or less, to the property line between the United States naval mine depot and the Colonial National Monument Parkway; thence along the said property line north thirty-nine degrees fifty-four minutes west one hundred and twenty-eight and ninety-six one-hundredths feet, more or less; thence continuing along said property line north twenty-eight degrees eighteen minutes west two hundred and fifty-six and fifty-nine one-hundredths feet, more or less, to the point of beginning; containing six hundred and twenty-one one-thousandths of an acre, more or less.

(Dec. 23, 1944, ch. 721, 58 Stat. 923.)

#### **Editorial Notes**

#### Codification

Section was not enacted as part of act July 3, 1930, ch. 837, 46 Stat. 855, which comprises this subchapter.

#### **Statutory Notes and Related Subsidiaries**

#### Sewage-Disposal System for Yorktown Area

Act Mar. 29, 1956, ch. 111, 70 Stat. 64, provided for the modernization of the sanitary facilities in the Yorktown area of Colonial National Historical Park, and in anticipation of the 1957 Jamestown-Williamsburg-Yorktown celebration, authorized the Secretary of the Interior to construct, operate, and maintain a sewage-disposal system to serve Federal and non-Federal properties in the Yorktown area.

#### Temporary Transfer of Jurisdiction of Portion

Act Dec. 24, 1942, ch. 820, 56 Stat. 1085, provided: "That the Secretary of the Interior be, and he is hereby, authorized and directed to transfer to the control and jurisdiction of the Department of the Navy a portion of the Colonial National Historical Park, Yorktown, Virginia, south of Ballards Creek and adjacent to the east boundary of the naval mine depot, containing approximately sixteen acres.

"Sec. 2. The President of the United States is authorized by Executive order to retransfer jurisdiction over the property to the Secretary of the Interior upon his application when, in the judgment of the President, the property has become surplus to the needs of the Department of the Navy, in which event it again shall become a part of the Colonial National Historical Park."
###### Editorial Note on Part 635

#### Editorial Note:

Nomenclature changes to part 635 appear at 67 FR 75924, Dec. 10, 2002.

#### § 635.103 Applicability.

The policies, requirements, and procedures prescribed in this subpart shall apply to all Federal-aid highway projects.

[69 FR 7118, Feb. 13, 2004]
#### In the Matter of Mobilevision Medical Imaging Services, LLC, Respondent, v Sinai Diagnostic & Interventional Radiology, P.C., Appellant.

[823 NYS2d 900]

In a proceeding pur suant to CPLR article 75 to confirm an arbitrator’s award, Sinai Diagnostic & Interventional Radiology, EC., appeals from an order of the Supreme Court, Kings County (F. Rivera, J.), dated *816September 16, 2005, which denied its motion to vacate an oral decision of the same court dated June 17, 2005, directing that the petition be granted upon its failure to appear or answer the petition.

Ordered that the appeal is dismissed, without costs or disbursements.

It appears from the record that on June 17, 2005 the court determined that the petition to confirm the arbitrator’s award should be granted, upon the appellant’s default. However, the court did not issue an order to that effect at the time the subject motion was made. This appeal must therefore be dismissed, as no appeal lies from an order denying a motion to vacate a decision (see *Vaglica v Homeyer,*30 AD3d 587 [2006]; *Behrens v Behrens,*143 AD2d 617 [1988]). Adams, J.P., Krausman, Rivera and Lifson, JJ., concur.