alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Ex-10.5



 





Exhibit 10.5




Form of Amendments to Equity Award Agreements



Section 6 of the 2006 Equity Incentive Plan Non-Qualified Stock Option Agreement was
amended to provide as follows:




6. Adjustment to Option Stock. The Committee shall make equitable and
proportionate adjustments in the terms and conditions of, and the criteria included
in, this Option in recognition of unusual or nonrecurring events (including, without
limitation, the events described in Section 4.2 of the Plan) affecting the Company
or the financial statements of the Company or of changes in applicable laws,
regulations, or accounting principals in accordance with the Plan.


Section 7 2006 Equity Incentive Plan Restricted Share Award Agreement was amended to
provide as follows:




7. Adjustments. The Committee shall make equitable and proportionate
adjustments in the terms and conditions of, and the criteria included in, this Award
in recognition of unusual or nonrecurring events (including, without limitation, the
events described in Section 4.2 of the Plan) affecting the Company, or the
financial statements of the Company, or of changes in applicable laws, regulations,
or accounting principals in accordance with the Plan.


Section 16 of Patrick Balthrop’s Non-Plan Non-Qualified Stock Option Agreement was amended
to provide as follows:




16. Capitalization Adjustments. In the event that any unusual and
non-recurring transactions, including an unusual or non-recurring dividend or other
distribution (whether in the form of an extraordinary cash dividend or a dividend of
Shares, other securities or other property), recapitalization, reclassification,
stock split, reverse stock split, reorganization, merger, consolidation, split-up,
spin-off, combination, repurchase, liquidation, dissolution, or sale, transfer,
exchange or other disposition of all or substantially all of the assets or stock of
the Company, or exchange of common stock or other securities of the Company,
issuance of warrants or other rights to purchase common stock or other securities of
the Company, or other similar corporate transaction or event, affects the common
stock, then the Company shall make an equitable and proportionate adjustment to any
or all of the following: (i) the number and kind of shares of common stock (or
other securities or property) subject to this Option; and (ii) the Option Price with
respect to this Option.




     Upon the occurrence of an event (as set forth in the above paragraph) or
similar corporate event or transaction in which the Option granted hereby is not to
be assumed or otherwise continued following such an event, the Company may provide
that this Option shall be exercisable (whether or not vested) as to all shares
covered thereby for at least ten (10) days prior to such event or transaction and
shall thereafter terminate.
#### § 45.9 Third-party facilitation of data reporting.

Registered entities and reporting counterparties required by this part to report required swap creation data or required swap continuation data, while remaining fully responsible for reporting as required by this part, may contract with third-party service providers to facilitate reporting.

[77 FR 2197, Jan. 13, 2012, as amended at 85 FR 75564, Nov. 25, 2020]
I 

112TH CONGRESS 

2D SESSION H. R. 3992 

To allow otherwise eligible Israeli nationals to receive E–2 nonimmigrant 

visas if similarly situated United States nationals are eligible for similar 

nonimmigrant status in Israel. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2012 

Mr. BERMAN (for himself, Mr. SMITH of Texas, Ms. ZOE LOFGREN of California, and Ms. ROS-LEHTINEN) introduced the following bill; which was 

referred to the Committee on the Judiciary 

A BILL 

To allow otherwise eligible Israeli nationals to receive E– 

2 nonimmigrant visas if similarly situated United States 

nationals are eligible for similar nonimmigrant status 

in Israel. 

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

3 SECTION 1. NONIMMIGRANT TRADERS AND INVESTORS 

4 FROM ISRAEL. 

5 Israel shall be deemed to be a foreign state described 

6 in section 101(a)(15)(E) of the Immigration and Nation7 ality Act (8 U.S.C. 1101(a)(15)(E)) for purposes of 

8 clauses (i) and (ii) of such section if the Government of 


pwalker on DSK7TPTVN1PROD with BILLS
2 

•HR 3992 IH

1 Israel provides similar nonimmigrant status to nationals 

2 of the United States. 

Æ 


pwalker on DSK7TPTVN1PROD with BILLS
(June 15, 1977)

#### In the Matter of Jack A. Addesso, Individually and as Chairman of the Zoning Board of Appeals of the City of Mount Vernon, et al., Respondents, v Thomas E. Sharpe, as Mayor of the City of Mount Vernon, Appellant.

— In a proceeding pursuant to CPLR article 78 to review a determination of the Mayor of the City of Mount Vernon, made after a hearing, that petitioners, individually and as members of the Zoning Board of Appeals of the City of Mount Vernon, "intentionally and wilfully” violated the provisions of article 7 of the Public Officers Law and to permanently enjoin the Mayor from removing petitioners as members of the zoning board of appeals, the Mayor appeals from a judgment of the Supreme Court, Westchester County, dated April 18, 1977, which, after a hearing, *inter alia,*annulled the determination. Judgment affirmed, with costs, on the opinion of Mr. Justice Trainor at Special Term. Gulotta, P. J., Cohalan, Damiani and Shapiro, JJ., concur.
§ 9.33 Final decision by the Commission. ( a ) *Opinion and order.* Upon review, the Commission may affirm, modify, set aside, or remand for further proceedings, in whole or in part, the decision of the exchange. The Commission's decision will be contained in its opinion and order which will be based upon the record before it, including the record of the exchange proceeding, and any oral argument made in accordance with § 9.32. Except as provided in paragraph (b) of this section, the opinion and order will constitute the final decision of the Commission, effective upon service on the parties. In the event the Commission is equally divided as to its decision, the Commission will affirm without opinion the decision of the exchange, which will constitute the Commission's final decision.
( b ) *Order of summary affirmance.* If the Commission finds that the result reached in the decision of the exchange is substantially correct and that none of the arguments on appeal made by the appellant raise important questions of law or policy, the Commission may, by appropriate order, summarily affirm the decision of the exchange without opinion, which will constitute the Commission's final decision. Unless the Commission expressly indicates otherwise in its order, an order of summary affirmance does not reflect a Commission determination to adopt the exchange final decision, including any rationale contained therein, as its opinion and order, and neither the exchange's final decision nor the Commission's order of summary affirmance will serve as a Commission precedent in other proceedings.
( c ) *Standards of review.* In reviewing an exchange disciplinary, access denial or other adverse action, the Commission will consider whether: ( 1 ) The exchange disciplinary, access denial or other adverse action was taken in accordance with the rules of the exchange;
( 2 ) Fundamental fairness was observed in the conduct of the proceeding resulting in the disciplinary, access denial or other adverse action;
( 3 ) ( i ) In the case of a disciplinary action, the record contains substantial evidence of a violation of the rules of the exchange, or
( ii ) in the case of an access denial or other adverse action, the record contains substantial evidence supporting the exchange action; and
( 4 ) The disciplinary, access denial or other adverse action otherwise accords with the Act and the rules, regulations and orders of the Commission thereunder.
#### Rhoda A. Smith, Respondent, v. Catharine Tinklepaugh, Appellant, Impleaded with Others.

Interlocutory judgment unanimously affirmed, with costs, with leave to appellant to serve an answer within twenty days on payment of such costs and of the costs awarded by the interlocutory judgment.
-1- 

### STATE OF MICHIGAN

COURT OF APPEALS

CHRISTOPHER HOLCOMB,

Plaintiff-Appellant, UNPUBLISHED March 1, 2016

v No. 325410
Macomb Circuit Court GWT, INC. d/b/a MOOSE TRAXX GRILL & BAR, LC No. 2013-002409-NI

Defendant-Appellee,
and

PATRICK FRANCIS O’DONNELL and JAMES PATRICK O’DONNELL,

Defendants/Cross-Defendants.

Before: G LEICHER , P.J., and J ANSEN and S HAPIRO , JJ.

S HAPIRO
, J. ( concurring )

I concur in the result only.

/s/ Douglas B. Shapiro
#### § 38.800 Core Principle 15.

The board of trade shall establish and enforce appropriate fitness standards for directors, members of any disciplinary committee, members of the contract market, and any other person with direct access to the facility (including any party affiliated with any person described in this paragraph).
### §2610a. Repealed. Pub. L. 93–203, title VII, §714, formerly title VI, §614, Dec. 28, 1973, 87 Stat. 883; renumbered title VII, §714, Pub. L. 93–567, title I, §101, Dec. 31, 1974, 88 Stat. 1845

Section, Pub. L. 87–415, title II, §241, as added Pub. L. 89–15, §9(a), Apr. 26, 1965, 79 Stat. 79, authorized Secretaries of Labor and of Health, Education, and Welfare to provide programs of supplementary training in redevelopment areas.

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

#### Effective Date of Repeal

Pub. L. 93–203, title VII, §714, formerly title VI, §614, Dec. 28, 1973, 87 Stat. 883; renumbered title VII, §714, Pub. L. 93–567, title I, §101, Dec. 31, 1974, 88 Stat. 1845, provided that the repeal is effective with respect to fiscal years after June 30, 1974.
Editorial Note on Part 240
Editorial Note: Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 240.14n-2 Filing of amendments to Schedule 14N. ( a ) If any material change occurs with respect to the nomination, or in the disclosure or certifications set forth in the Schedule 14N (§ 240.14n-101) required by § 240.14n-1(a), the person or persons who were required to file the statement shall promptly file or cause to be filed with the Commission an amendment disclosing that change.
( b ) An amendment shall be filed within 10 calendar days of the final results of the election being announced by the registrant stating the nominating shareholder's or the nominating shareholder group's intention with regard to continued ownership of their shares.
[75 FR 56788, Sept. 16, 2010]
#### § 1005.151 Program accessibility: New construction and alterations.

Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by handicapped persons. The definitions, requirements, and standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this section.
#### § 38.1200 Core Principle 23.

The board of trade shall keep any such records relating to swaps defined in section 1a(47)(A)(v) of the Act open to inspection and examination by the Securities and Exchange Commission.
#### Mario R. Cacchione, Appellant, v. Westchester Country Club et al., Defendants, and Harrison-Rye Realty Corporation, Respondent.

Order, entered on November 9, 1960, unanimously affirmed, with $20 costs and disbursements to the respondent, on the opinion of Mr. Justice Greenberg at Special Term. No opinion. Concur — Botein, P. J., Breitel, McNally, Stevens and Steuer, JJ. [27 Misc 2d 757.]
exv10w1



 






Exh. 10.1




Retirement Benefits Policy



Administration — In order to be eligible for this Retirement Benefits Policy (the “Policy”),
the employee must meet the eligibility requirements stated below. The Compensation and Corporate
Governance Committee (the “Committee”) shall determine eligibility pursuant to the Policy and shall
have full discretion to administer, make exception to and grant benefits according to the Policy.




Retirement Eligibility





	 	•	 	Age of at least 55.
	 
	 	•	 	Service with ENCY of at least five full years computed from starting date of
employment.
	 
	 	•	 	A total of age and years of service equal to 65.





Stock Options





	 	•	 	Vesting






	 	•	 	Options which are fully vested shall not be modified by this policy.
	 
	 	•	 	At least five and less than ten years of service — vest all options, not already
fully vested, as of retirement date (last day of service), that would have vested in
next 12 months following retirement date. All remaining unvested options will expire
pursuant to the stock option plan from which they were granted.
	 
	 	•	 	Greater than ten years of service — 100 percent vesting, as of retirement date, on
all unvested options.





Restricted Common Stock





	 	•	 	At least five and less than ten years of service — vest all restricted common stock, as
of retirement date, that would have vested in the 12-month period following retirement
date. All remaining unvested restricted common stock shall be forfeited as of retirement
date as stated in the plan from which they were granted.
	 
	 	•	 	At least ten years of service — 100 percent vesting as of retirement date on all
unvested restricted common stock.





Accrued Vacation





	 	•	 	At least five years of service — payment for all unused vacation time up to a maximum
of four weeks. Vacation paid shall not extend actual date of retirement.
### §1962c–5. "State" defined

For the purpose of this subchapter the term "State" means a State, the District of Columbia, Puerto Rico, the Virgin Islands or Guam.

(Pub. L. 89–80, title III, §306, July 22, 1965, 79 Stat. 253; Pub. L. 94–285, §2, May 12, 1976, 90 Stat. 516.)

#### **Editorial Notes**

#### Amendments

1976—Pub. L. 94–285 inserted reference to Guam.
### §19032. Chief of Research Security

The Director shall appoint a senior agency official within the Office of the Director as a Chief of Research Security, whose primary responsibility shall be to manage the office established under section 19031 of this title.

(Pub. L. 117–167, div. B, title III, §10332, Aug. 9, 2022, 136 Stat. 1552.)
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03
- 23
- 00728
- CV

Nelson Partners, LLC; Nelson Brothers Property Management, Inc. d/b/a Nelson Partners Property Management, Inc.; NP Skyloft Equity IB; and Patrick Nelson , Appellant s

v. Burgundy 5 2 3 Offshore Fund, LTD; Axonic Special Opportunities SBL Master Fund, LP; Axonic Credit Opportunities Master Fund, LP; TCG Skyloft Owner, LLC; and Does 1
- 10 , Appellee s

FROM THE 261ST DISTRICT COURT OF TRAVIS COUNTY NO. D
- 1
- GN
- 22
- 001980 , THE HONORABLE KA R I N CRUMP , JUDGE PRESIDING

M E M O R A N D U M O P I N I O N
The clerk’s record in this appeal was due for filing in this Court on November 27,
2023

. On November 28, 2023 , we notified appellant s that no clerk’s record had bee n f i led due to
their f ailure to pay or make arrangements to pay the trial clerk’s fee for preparing the clerk’s record. The notice requested that appellant s make arrangements for the clerk’s record and submit a status report regarding this ap peal by Decemb er 8, 2023 . Further, the notice advised appellant s that their failure to comply with this request could result in the dismissal of the appeal for want of prosecution. To date, appellant s ha ve not filed a status report or other wise responded to this Court ’s not ice, and the clerk’s record has not been filed.
If a trial

- court clerk fails to file the clerk’s record due to an appellant’s failure to pay or make arrangements to pay for the clerk’s fee for preparing the record, the a ppellate court2 may dismiss t he app eal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b). In this case, appellant s ha ve not established
that they are entitled to proceed w ithout payment of costs. See Tex. R. Civ. P. 145

. Because appellant s ha ve failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, this appeal is dismissed for want of prosecution.

____________ ___________________________ ___ Gisela D. Triana , Justice
Before Chi ef Justice B yrne , Justices Triana and Smith
Dismissed for Want of Prosecution
Filed: December 15, 2023
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-2094

COURTNAY T. BRISSETT; LADWIN BRISSETT,

Plaintiffs - Appellants,

v.

CRAVEN COUNTY; CITY OF NEW BERN; FIDELITY NATIONAL TITLE 

INSURANCE COMPANY; SUMRELL, SUGG, CARMICHAEL, HICKS & HART, 

P.A.; WARD AND SMITH, P.A.,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Greenville. James C. Dever, III,

Chief District Judge. (4:14-cv-00179-D)

Submitted: February 25, 2015 Decided: March 3, 2015

Before NIEMEYER, KING, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Courtnay T. Brissett; Ladwin Brissett, Appellants Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Courtnay T. and Ladwin Brissett appeal the district 

court’s order dismissing their civil action under 28 U.S.C. 

§ 1915(e)(2)(B) (2012). We have reviewed the record and find no 

reversible error. Accordingly, we affirm for the reasons stated 

by the district court. Brissett v. Craven Cnty., No. 4:14-cv00179-D (E.D.N.C. Sept. 26, 2014). We deny the Brissetts’ 

motion for injunctive relief pending appeal and dispense with 

oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and 

argument would not aid the decisional process.

AFFIRMED
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§ 12.16 Response to complaint. Within 25 days after the complaint has been served by the Office of Proceedings on the registrant, or within such additional time (not to exceed 10 days absent extraordinary circumstances) as the Director of the Office of Proceedings, or his/her delegee may grant, for good cause shown, each registrant shall either— ( a ) Satisfy the complaint in accordance with § 12.17 of these rules; or
( b ) Answer the complaint in the manner prescribed by § 12.18 of these rules.
[59 FR 9636, Mar. 1, 1994]
H. R. 4073 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

To authorize the Secretary of Agriculture to accept the quitclaim, disclaimer, and 

relinquishment of a railroad right of way within and adjacent to Pike National 

Forest in El Paso County, Colorado, originally granted to the Mt. Manitou Park 

and Incline Railway Company pursuant to the Act of March 3, 1875. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. ACCEPTANCE OF RELINQUISHMENT OF RAILROAD RIGHT 

OF WAY BY MANITOU AND PIKES PEAK RAILWAY COMPANY, COLORADO, OVER NATIONAL FOREST SYSTEM 

LAND. 

(a) AUTHORITY TO ACCEPT.—Notwithstanding the Act of March 

8, 1922 (43 U.S.C. 912), the Secretary of Agriculture may accept 

the quitclaim, disclaimer, and relinquishment by the Manitou and 

Pikes Peak Railway Company, successor in interest to the Mt. 

Manitou Park and Incline Railway Company, of a right of way, 

more fully described in subsection (b), within and adjacent to Pike 

National Forest that was originally granted by the Secretary to 

the Mt. Manitou Park and Incline Railway Company pursuant 

to the authority provided by the Act of March 3, 1875 (Chapter 

152; 18 Stat. 482) for the construction of a railroad and station 

in El Paso County, Colorado. 

(b) RIGHT OF WAY DESCRIBED.—The railroad right of way 

referred to in subsection (a) is located in the S1⁄2 of section 6, 

Township 14 South, Range 67 West, and N1⁄2SE 1⁄4 of section 

1, Township 14 South, Range 68 West, Sixth Principal Meridian, 

Colorado, and is depicted in a tracing filed in the United States 

Land Office at Pueblo, Colorado, file 019416, on December 24, 

1914. 

(c) LIMITED APPLICABILITY.—Nothing in this section shall be 

construed to affect the right, title, and interest of the Manitou 
H. R. 4073—2 

and Pikes Peak Railway Company in land held in fee title by 

the Manitou and Pikes Peak Railway Company. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.