alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
coke-ex410_503.htm



Exhibit 4.10



NCU SHARES COMMON STOCK PAR VALUE $1.00 CUSIP 191098 10 2 SEE REVERSE FOR CERTAIN DEFINITIONS Coca Cola Bottling Co. Consolidated INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE THIS CERTIFIES THAT Specimen is the owner of FULLY PAID AND NON-ASSESSABLE SHARES OF THE COMMON STOCK OF Coca-Cola Bottling Co. CONSOLIDATED transferable in person or by duly authorized attorney on the books of the Corporation upon surrender of this certificate properly endorsed. This certificate and the shares represented hereby are subject to all the terms, conditions and limitations of the Certificate of Incorporation and all Amendments thereto. This certificate is not valid unless countersigned by the Transfer Agent and Registrar. WITNESS the facsimile seal of the Corporation and the facsimile signatures of its duly authorized officers. Dated: Secretary Chairman of the Board of Directors and Chief Executive Officer Countersigned and Registered: American Stock Transfer & Trust Company, LLC (Brooklyn, NY) Transfer Agent and Registrar Authorized Signature Corporate Seal

 

 

 



 



COCA-COLA BOTTLING CO. CONSOLIDATED THE CORPORATION WILL FURNISH WITHOUT CHARGE TO EACH SHAREHOLDER WHO SO REQUESTS THE POWERS, DESIGNATIONS, PREFERENCES AND RELATIVE PARTICIPATING, OPTIONAL OR OTHER SPECIAL RIGHTS OF EACH CLASS OF STOCK OR SERIES THEREOF AND THE QUALIFICATIONS, LIMITATIONS OR RESTRICTIONS OF SUCH PREFERENCES AND/OR RIGHTS. The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM – as tenants in common UNIF GIFT MIN ACT–  Custodian  TEN ENT JT TEN– as tenants by the entireties– as joint tenants with right of survivorship and not as tenants in common (Cust)(Minor) under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the above list. For value received, hereby sell, assign and transfer unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE Please print or typewrite name and address including postal zip code of assignee  Shares of the capital stock represented by the within Certificate, and do hereby irrevocably constitute and appoint Attorney to transfer the said stock on the books of the within-named Corporation with full power of substitution in the premises. Dated, Notice THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATSOEVER.SIGNATURE(S) GUARANTEED: THE SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-15. KEEP THIS CERTIFICATE IN A SAFE PLACE. IF IT IS LOST, STOLEN, MUTILATED OR DESTROYED, THE CORPORATION WILL REQUIRE A BOND OF INDEMNITY AS A CONDITION TO THE ISSUANCE OF A REPLACEMENT CERTIFICATE.
52.247-16 Contractor Responsibility for Returning Undelivered Freight.       As prescribed in 47.207-5(f), insert the following clause in solicitations and contracts for transportation or for transportation-related services when the contractor is responsible for returning undelivered freight:          Contractor Responsibility for Returning Undelivered Freight (Apr 1984)                                       (a) 						            When, through no fault of the Contractor, a shipment cannot be delivered, the Contractor shall contact the shipper for disposition instructions. If the shipment is ordered returned to the origin point, the charges assessed for the return trip shall be the same as the charges assessed for the outbound trip. The shipper shall maintain a record of the goods that, through no fault of the Contractor, could not be delivered and are returned to the shipper. If, at a future date, the returned goods are determined to be related to a claim against the Contractor, the claim will be adjusted accordingly.                                          (b) 						            When, through the fault of the Contractor, a shipment cannot be delivered, the Contractor shall return the shipment to the origin point at no charge to the Government. Any charges incurred for redelivery, which are in excess of the charges that would have been incurred under this contract, shall be for the Contractor’s account in accordance with the Default clause of the contract.                                 (End of clause)    **Parent topic:** 52.247 [Reserved]
19.1408           Contract clauses.       (a)                   The contracting officer shall insert the clause at 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program, in solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, service-disabled veteran-owned small business concerns under 19.1405 and 19.1406. This includes multiple-award contracts when orders may be set aside for service-disabled veteran-owned small business concerns as described in 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one service-disabled veteran-owned small business contractor in accordance with 19.504(c)(1)(ii).                                          (b)For use of clause 52.219-14, Limitations on Subcontracting, see the prescription at 19.507(e).                                          (c)For use of clause 52.219-33, Nonmanufacturer Rule, see the prescription at 19.507(h).    **Parent topic:** Subpart 19.14 - Service-Disabled Veteran-Owned Small Business Procurement Program
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. This court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### FEB 18 1998 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT
DAVID RAY CORY, Plaintiff-Appellant, v. UNITED STATES OF AMERICA. Defendant-Appellee, No. 97-2242 (D.C. No. CIV-97-585-JC) (District of New Mexico)

ORDER AND JUDGMENT *

Before PORFILIO, KELLY , and HENRY, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.- 2 -

David Cory appeals from a judgment denying his application for relief under 28 U.S.C. § 2255 in which he claimed the judgment against him should be vacated because he was arrested by “Military forces.” The district court held the issue should have been raised by direct appeal, denied relief and dismissed the petition. The matter is pending before us upon application for a certificate of probable cause. Having reviewed the entire matter, we conclude the district court’s judgment was correct. We DENY a certificate of probable cause for the reasons stated by the district court in its memorandum opinion and order. We note also the legal capacity of arresting officers is moot after conviction. See Washington v. United States , 292 F.2d 452, 453 (8th Cir. 1961).

ENTERED FOR THE COURT John C. Porfilio Circuit Judge
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2776 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 2776

    To extend the temporary suspension of duty on electrical radio 
               broadcast receivers combined with a clock.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2006

Mrs. Hutchison introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
    To extend the temporary suspension of duty on electrical radio 
               broadcast receivers combined with a clock.

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

SECTION 1. ELECTRICAL RADIO BROADCAST RECEIVERS COMBINED WITH A CLOCK.

    (a) In General.--Heading 9902.02.24 of the Harmonized Tariff 
Schedule of the United States (relating to electrical radio broadcast 
receivers combined with a clock) is amended by striking ``12/31/2006'' 
and inserting ``12/31/2009''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of enactment of this Act.
                                 <all>
```
###### Editorial Note on Part 4290

#### Editorial Note:

Nomenclature changes to part 4290 appear at 85 FR 16522, Mar. 24, 2020.

#### §§ 4290.3042-4290.3044 [Reserved]
#### § 51.2734 Spanish type.

*Spanish type* means peanuts of varieties which belong to the Spanish classification group and which are free from kernels of Runner, Virginia, or other types.
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| **Facts and Figures / History of BLM /  Mission Statement**
**BLM Utah Facts & Figures**
**Did you know . . .****. . .** How many cows graze the over 22,900,000 million acres of BLM lands in    Utah?**. . .** Or how many head of cattle or sheep used to roam the range back in    1940?**. . .** Yearly revenues collected from uses of public lands      topped $80 million last year?**. . .** Even though BLM Utah administers the most arid regions of one of    the driest states in the U.S., did you know there are 2,060 miles of streams and 9,412    acres of lakes and marshlands providing valuable wetland habitat in Utah?**. . .** Recreation visitors topped 10,000,000 last year.**. . .** 779 wildfires broke out in Utah--68 of those were human caused.

If you've ever wondered about these or other    facts about your public lands, then this is the place (as they like to say around    here) to find our annual compilation of statistical information.
**-****2000 Facts    & Figures****- 1999      Facts & Figures****-****1998      Facts & Figures**        - **1997      Facts & Figures**  
< Home | News | Info | What We Do | BLM Facts | Directory    >Bureau of Land Management         Utah State Office        PO Box 45155         Salt Lake City, Utah 84145-0155        Phone: (801) 539-4001        Fax:      (801) 539-4013
Created by Utah Bureau        of  Land Management        Last Updated:          May 20, 2004

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Exhibit 10.2

 

IBM EXCESS 401(k) PLUS PLAN

(As Amended and Restated effective as of January 1, 2010)

 

AMENDMENT No. 8

 

Instrument of Amendment

 

Recitals:

 

International Business Machines Corporation (“IBM”) has established and maintains the IBM Excess 401(k) Plus Plan (the “Plan”), an unfunded deferred compensation plan described in Sections 201(2), 301(a)(3) and 401(a)(1) of the Employee Retirement Income Security Act of 1974, as amended (ERISA).

 

In accordance with Section 10.01 of the Plan, IBM has reserved the right to amend the Plan at any time and from time to time.

 

IBM amended and restated the Plan effective as of January 1, 2010 and has subsequently amended the Plan.

 

IBM has determined to amend the Plan, as heretofore restated, in the manner set forth in this Instrument of Amendment, to be effective July 1, 2017, except as set forth herein.

 

Amendment:

 

1.             In Article II (“Definitions”), the definition of “Retirement” is amended by modifying the last sentence thereof to read as follows:

 

Effective July 1, 2014, Retirement also does not include a termination of employment while participating in the Transition to Retirement program, unless the Participant satisfies (a), (b), (c) or (d) above at the time of termination; provided, however, that an individual will be deemed to satisfy this Retirement definition if the individual participates in the Transition to Retirement Program that is effective July 1, 2017 and terminates employment with the Company upon the individual’s applicable completion date of either March 31, 2018 or June 30, 2018.

 

2.             Section 5.01 (“Automatic Contributions”) is amended by replacing the second paragraph thereof (immediately following subsection (b)) with the following:

 

Notwithstanding the foregoing, for purposes of calculating the Automatic Contributions (if any) payable to Employees participating in the Transition to Retirement program that commenced in 2014 or the Transition to Retirement program that commenced July 1, 2017, the Employee’s Elective Deferrals and Excess 401(k) Eligible Pay shall be calculated based on the Employee’s actual Performance Pay, and the Base Pay the Employee would have received if the Employee had received a full-time rate of Base Pay for all portions of the Plan Year in which the Employee received the Transition-to-

 

1











 

Retirement-reduced rate of Base Pay. Also notwithstanding the foregoing, for Employees whose 2013 Base Pay is adjusted as part of a broad-based, one-week mandatory time off program, Automatic Contributions (if any) for 2013 shall be calculated based on the Base Pay the Employee would have received for that week if the mandatory time off program had not occurred. No other element of Excess 401(k) Eligible pay shall be adjusted in this manner.

 

2
#### In the Matter of Josephine Swartz, Respondent, v. City of Rochester, Appellant. In the Matter of Milton Swartz, Respondent, v. City of Rochester, Appellant.

Order unanimously modified insofar as it grants relief for claims based on personal injuries, and motion denied as to those claims, and as so modified, order affirmed, without costs. Memorandum: On February 15, 1966 an automobile operated by Milton Swartz in which his wife was a passenger collided with a truck owned by defendant. In March, 1966 plaintiffs retained an attorney who did not file notices of claim within 90 days after the accident. The negotiations the attorney had in writing with defendant’s insurance carrier involved property damage only. Since the record contains no writings which justified reliance upon settlement representation for claims based on personal injuries, Special Term improperly granted the order as to those claims. Subdivision 5 of section 50-e of the General Municipal Law provides that the court, in its discretion, may grant leave to serve a late notice when the claimant has failed to serve his notice within the time limited “by reason of his justifiable reliance upon settlement representations made in writing by an authorized representative of the party against which the claim is made or of its insurance carrier.” -(Appeal from order of Monroe Special Term, granting claimants’ motion to serve late notices of claim.) Present — Williams, P. J., Bastow, Henry, Del Vecchio and Marsh, JJ.
Exhibit 31(ii)
                                --------------


                                CERTIFICATIONS
                                --------------

     I, Steve Bailey, certify that:


          1.   I have reviewed this report on Form 10-K and all reports on
               Form 10-D required to be filed in respect of the period covered
               by this report on Form 10-K of CWABS Asset-Backed Certificates
               Trust 2006-15 (the "Exchange Act periodic reports");

          2.   Based on my knowledge, the Exchange Act periodic reports, taken
               as a whole, do 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;

          3.   Based on my knowledge, all of the distribution, servicing and
               other information required to be provided under Form 10-D for
               the period covered by this report is included in the Exchange
               Act periodic reports;

          4.   I am responsible for reviewing the activities performed by the
               servicer(s) and based on my knowledge and the compliance
               review(s) conducted in preparing the servicer compliance
               statement(s) required in this report under Item 1123 of
               Regulation AB, and except as disclosed in the Exchange Act
               periodic reports, the servicer(s) have fulfilled their
               obligations under the servicing agreement(s) in all material
               respects; and

          5.   All of the reports on assessment of compliance with servicing
               criteria for asset-backed securities and their related
               attestation reports on assessment of compliance with servicing
               criteria for asset-backed securities required to be included in
               this report in accordance with Item 1122 of Regulation AB and
               Exchange Act Rules 13a-18 and 15d-18 have been included as an
               exhibit to this report, except as otherwise disclosed in this
               report. Any material instances of noncompliance described in
               such reports have been disclosed in this report on Form 10-K.

          In giving the certifications above, I have reasonably relied on
          information provided to me by the following unaffiliated parties:
          The Bank of New York, as Trustee.

     Date: March 30, 2007


          /s/ Steve Bailey
          -------------------------
          Steve Bailey
          Senior Managing Director, Loan Administration
52.247-40 Ex Dock, Pier, or Warehouse, Port

of Importation.

As prescribed in 47.303-12(c), insert the following clause in solicitations and contracts when the

delivery term is ex dock, pier, or warehouse, port of importation:

Ex Dock, Pier, or Warehouse, Port of Importation (Apr 1984)

(a) The term "ex dock, pier, or warehouse, port of importation," as used in this clause, means free of

expense to the Government delivered on the designated dock or pier or in the warehouse at the

specified port of importation.

(b) The Contractor shall-

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment for ocean transportation in conformance

with carrier requirements to protect the goods;

(2)

(i) Deliver shipment in good order and condition; and

(ii) Pay and bear all charges up to the point of delivery specified in the contract, including

transportation costs; export, import, or other fees or taxes; costs of wharfage and landing, if any;

customs duties; and costs of certificates of origin, consular invoices, or other documents that may be

required for exportation or importation; and

(3) Be responsible for any loss of and/or damage to the goods occurring before delivery of the

shipment to the point of delivery specified in the contract.

(End of clause)

Parent topic: 52.247 [Reserved]
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000759440
<NAME> BIG RIVER PRODUCTIONS LIMITED PARTNERSHIP
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                            $521
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                    $521
<CURRENT-LIABILITIES>                             $300
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                        $221
<TOTAL-LIABILITY-AND-EQUITY>                      $521
<SALES>                                        $45,340
<TOTAL-REVENUES>                               $45,340
<CGS>                                                0
<TOTAL-COSTS>                                  $60,157
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                (644)
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (14,173)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (14,173)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
§ 755.9 Misrepresentation and scheme or device. ( a ) In addition to other penalties, sanctions or remedies as may apply, a producer will be ineligible to receive payments under this part if the producer is determined by FSA to have: ( 1 ) Adopted any scheme or device that tends to defeat the purpose of this part;
( 2 ) Made any fraudulent representation; or
( 3 ) Misrepresented any fact affecting a program determination.
( b ) Any payment to any producer engaged in a misrepresentation, scheme, or device, must be refunded with interest together with such other sums as may become due. Any producer engaged in acts prohibited by this section and receiving payment under this part will be jointly and severally liable with other producers involved in such claim for benefits for any refund due under this section and for related charges. The remedies provided in this part will be in addition to other civil, criminal, or administrative remedies that may apply.