alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Ex-10.12



 







EXHIBIT 10.12




AMENDMENT NO. 1

TO

DEFERRED COMPENSATION PLAN

FOR DIRECTORS OF

REYNOLDS AMERICAN INC.

(Amended and Restated Effective February 2, 2005)




     1. The first sentence of Section 3.4 of the Plan is deleted in its entirety, and the
following language is inserted in place thereof:




	 	 	 	“If the number of shares of Common Stock is increased or decreased as a result of any stock
dividend, subdivision or reclassification of shares, the number of shares of Common Stock to
which each Participant’s stock credit account is equivalent shall be increased in proportion
to the increase or decrease in the number of outstanding shares of Common Stock and the
Closing Price on which payments hereunder is based will be proportionately decreased or
increased.”





     2. All references to the Plan shall be deemed to refer to the Plan as amended by this
Amendment No. 1.



     3. Except as specifically amended hereby, the original provisions of the Plan shall remain
in full force and effect.



     4. This Amendment No. 1 shall be effective as of July 19, 2006.



	 	 	 	 	 
	 

	 	REYNOLDS AMERICAN INC.
	 
	 	 	 	 
	 

	 	By:
	 	/s/ McDara P. Folan, III
	 

	 	 	 	 
	 

	 	 	 	Name: McDara P. Folan, III

Title:   Senior Vice President, Deputy General Counsel and

            Secretary
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Kurtis T. Wilder

Elizabeth T. Clement

, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

January 24, 2018

p0117 

# Order

Clerk January 24, 2018

156408

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellant,

v SC: 156408

COA: 330359

Berrien CC: 2014

- 004247

- FH

KEVIN PATRICK KAVANAUGH,

Defendant

- Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the July 6, 2017

judgment of the Court of Appeals is considered. We dir ect the Clerk to schedule oral

argument on whether to grant the application or take other action. MCR 7.305(H)(1).

The appellant shall file a supplemental brief within 42 days of the date of this

order addressing: (1) what deference should be accorde d to the trial court’s factual

findings where a recording of events under consideration is available to an appellate

court; (2) what evidence may be considered in determining whether there was clear error

in the trial court’s factual findings; and (3) what standard of review is to be applied under

such circumstances. In addition to the brief, the appellant shall electronically file an

appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must

provide the appendix page numbers as re quired by MCR 7.312(B)(1). The appellee shall

file a supplemental brief within 21 days of being served with the appellant’s brief. The

appellee shall also electronically file an appendix, or in the alternative, stipulate to the use

of the appendix filed by the appellant. A reply, if any, must be filed by the appellant

within 14 days of being served with the appellee’s brief. The parties should not submit

mere restatements of their application papers.

The Prosecuting Attorneys Association of Michigan an d the Criminal Defense

Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups

interested in the determination of the issues presented in this case may move the Court

for permission to file briefs amicus curiae.
#### § 500.23 Thermally processed low-acid foods packaged in hermetically sealed containers.

Except as provided in § 507.5(b) of this chapter, the provisions of parts 507 and 113 of this chapter apply to the manufacturing, processing, or packing of low-acid foods in hermetically sealed containers, and intended for use as food for animals.

[80 FR 56337, Sept. 17, 2015]
§ 333.320 Permitted combinations of active ingredients. ( a ) Resorcinol identified in § 333.310(b) may be combined with sulfur identified in § 333.310(f).
( b ) Resorcinol monoacetate identified in § 333.310(c) may be combined with sulfur identified in § 333.310(f).
[75 FR 9776, Mar. 4, 2010]
§ 556.750 Virginiamycin. ( a ) *Acceptable daily intake (ADI).* The ADI for total residue of virginiamycin is 250 μg/kg of body weight per day.
( b ) *Tolerances.* The tolerances for virginiamycin are: ( 1 ) *Cattle.* Edible tissues (excluding milk): Not required.
( 2 ) *Chickens.* Edible tissues (excluding eggs): Not required.
( 3 ) *Swine.* ( i ) Kidney, skin, and fat: 0.4 ppm.
( ii ) Liver: 0.3 ppm.
( iii ) Muscle: 0.1 ppm.
( c ) *Related conditions of use.* See § 558.635 of this chapter.
[84 FR 32993, July 11, 2019, as amended at 85 FR 18121, Apr. 1, 2020]
EXHIBIT 32  SECTION 906 CERTIFICATIONS

Each of the undersigned hereby certifies, in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in his capacity
as an officer of Provena Foods Inc. (the Company), that, to his knowledge, the Quarterly Report of the Company on Form 10-Q for the period ended June 30, 2006, fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934 and that the information contained in such report fairly presents, in all material respects, the financial condition and results of operation of the Company.

Date: August 9, 2006

|                                           
|-------------------------------------------
|/s/ THEODORE L.
ARENA                      
|Theodore L. Arena, Chief Executive Officer 
|/s/ THOMAS J.
MULRONEY                     
|Thomas J. Mulroney, Chief Financial Officer
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER  Pursuant to 18 U.S.C. Section 1350, as adopted  Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned, Kevin S. Herrmann, Chief Financial Officer of Ballantyne of Omaha, Inc. (the "Company"), has executed this
certification in connection with the filing with the Securities and Exchange Commission of the Company's Annual Report on Form 10-K for the year ended December 31, 2008 (the "Report").

The
undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to his knowledge
that:



IN
WITNESS WHEREOF, the undersigned has executed this certification as of the 27th day of March 2009.

/s/ KEVIN S. HERRMANN Kevin S. Herrmann
Chief Financial Officer


A
signed original of this written statement required by Section 906 has been provided to Ballantyne of Omaha, Inc. and will be retained by Ballantyne of Omaha, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.

---



QuickLinks
Editorial Note on Part 184
Editorial Note: Nomenclature changes to part 184 appear at 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; 68 FR 15355, Mar. 31, 2003; 69 FR 13717, Mar. 24, 2004; 70 FR 40880, July 15, 2005; 70 FR 67651, Nov. 8, 2005; and 81 FR 49897, July 29, 2016.

§ 184.1702 Sheanut oil. ( a ) Sheanut oil is produced from sheanuts derived from the Shea tree *Butyrospermum parkii* and is composed principally of triglycerides containing an oleic acid moiety at the 2-position and saturated fatty acids, usually stearic or palmitic acids, at the 1- and 3-positions.
( b ) The ingredient meets the following specifications when tested using any appropriate validated methodology: ( 1 ) Saponification value of 185 to 195,
( 2 ) Iodine value of 28 to 43,
( 3 ) Unsaponifiable matter not to exceed 1.5 percent,
( 4 ) Free fatty acids not more than 0.1 percent as oleic acid,
( 5 ) Peroxide value not more than 10 milliequivalents/equivalent (meq/eq),
( 6 ) Lead not more than 0.1 part per million (ppm),
( 7 ) Copper not more than 0.1 ppm.
( c ) In accordance with § 184.1(b)(3), the ingredient is used in the following food categories at levels not to exceed current good manufacturing practice, except that the ingredient may not be used in a standardized food unless permitted by the standard of identity: Confections and frostings as defined in § 170.3(n)(9) of this chapter, coatings of soft candy as defined in § 170.3(n)(38) of this chapter, and sweet sauces and toppings as defined in § 170.3(n)(43) of this chapter.
[63 FR 28895, May 27, 1998]
[No. 39529-7-I.

Division One.

January 26, 1998.]

#### *In the Matter of the Marriage of*Brenda Kay Higman, *Respondent,*and John Charles Higman, *Appellant.*

Appeal from a judgment of the Superior Court for What-com County, No. 95-3-00003-7, David A. Nichols, J., entered September 17, 1996. *Affirmed*by unpublished per curiam opinion.
[No. 21369-9-II.

Division Two.

December 5, 1997.]

#### The State of Washington, *Respondent,*v. Kendra J. Delsordo, *Appellant.*

Appeal from a judgment of the Superior Court for Kit-sap County, No. 96-1-00566-3, Jay B. Roof, J., entered November 6, 1996. *Affirmed*by unpublished opinion per Seinfeld, J., concurred in by Houghton, C.J., and Hunt J.
* 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 December 14, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-10425 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus WESLEY JAMES WILSON, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:92-CR-141-Y-6

-------------------- Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges. PER CURIAM: * Wesley James Wilson, federal prisoner # 23795-077, appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion for resentencing in view of United States v. Booker , 125 S. Ct. 738 (2005), and his motion for reconsideration. He argues that the district court abused its discretion because he was entitled to resentencing under Amendment 505 to the United States Sentencing Guidelines and under Booker
.No. 05-10425 -2- “Section 3582(c)(2) [of Title 18] permits a district court to reduce a term of imprisonment when it is based upon a sentencing range that has subsequently been lowered by an amendment to the Guidelines, if such a reduction is consistent with the policy statements issued by the Sentencing Commission.” United States v. Gonzalez-Balderas , 105 F.3d 981, 982 (5th Cir. 1997). Wilson’s Booker argument is not cognizable in the context of an 18 U.S.C. § 3582(c)(2) motion because it is not based on a retroactive amendment to the Guidelines. See United States v. Shaw , 30 F.3d 26, 29 (5th Cir. 1994). The district court also correctly noted that Wilson had previously filed a motion for resentencing under Amendment 505, which the district court had denied. Wilson has not shown that the district court abused its discretion in denying his 18 U.S.C. § 3582(c)(2) motion and his motion for reconsideration. Gonzalez-Balderas , 105 F.3d at 982. AFFIRMED.
§ 526.1130 Hetacillin. ( a ) *Specifications.* Each single-dose, 10-milliliter syringe contains hetacillin potassium equivalent of 62.5 milligrams (mg) ampicillin.
( b ) *Sponsor.* See No. 000010 in § 510.600(c) of this chapter.
( c ) *Related tolerances.* See § 556.316 of this chapter.
( d ) *Conditions of use in lactating cows* — ( 1 ) Amount . Infuse the contents of one syringe (equivalent to 62.5 mg ampicillin) into each infected quarter. Repeat at 24-hour intervals for a maximum of 3 treatments.
( 2 ) *Indications for use.* For the treatment of acute, chronic, or subclinical mastitis in lactating cows caused by susceptible strains of *Streptococcus agalactiae, Streptococcus dysgalactiae, Staphylococcus aureus,* and *Escherichia coli*.
( 3 ) *Limitations.* Milk that has been taken from animals during treatment and for 72 hours (6 milkings) after the latest treatment must not be used for food. Treated animals must not be slaughtered for food until 10 days after the latest treatment. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
[57 FR 37335, Aug. 18, 1992, as amended at 75 FR 10168, Mar. 5, 2010; 84 FR 53311, Oct. 7, 2019; 86 FR 13186, Mar. 8, 2021]
FINANCIAL INSTITUTIONS WHO HAVE FILED AGREEMENTS TO BE APPROVED 

AS A DEPOSITORY OF TRUST ACCOUNTS AND TO PROVIDE DISHONORED CHECK REPORTS IN 

ACCORDANCE WITH RULE 221, Pa.R.D.E. 

New 

675 Centre I" Bank, a Division of Old Dominion Bank 

Name Change 

660 Clarion FCU — Change to 660 Top Tier FCU 

518 Standard Bank, PASB — Change to 27 Dollar Bank, FSB 

670 Investors Bank — Change to 561 Citizens Bank 

Platinum Leader Change 

631 Wells Fargo Bank, NA - Add 

675 Centre I" Bank, a Division of Old Dominion Bank - Add 

Correction 

Removal 

October 2022
mstr-ex103_398.htm



Exhibit 10.3

David J. Rennyson, the Senior Executive Vice President, Worldwide Sales of MicroStrategy Incorporated (the “Company”), and W. Ming Shao, the Company’s Senior Executive Vice President & General Counsel, each became a named executive officer of the Company upon the filing of the Company’s proxy statement on April 20, 2017. Mr. Rennyson’s current annual base salary is $475,000. The terms of Mr. Rennyson’s cash bonus plan for 2017 are set forth in the 2017 Senior Executive Vice President, Worldwide Sales Compensation Plan attached to this Form 10-Q as Exhibit 10.4.   Mr. Shao’s current annual base salary is $490,000 and his annual discretionary bonus target is $420,000.
§ 526.1697 Penicillin G procaine and dihydrostreptomycin. ( a ) *Specifications.* Each single-use, 10-milliliter syringe contains a suspension of: ( 1 ) Penicillin G procaine equivalent to 200,000 units penicillin G and dihydrostreptomycin sulfate equivalent to 300 milligrams dihydrostreptomycin; or
( 2 ) Penicillin G procaine equivalent to 1 million units penicillin G and dihydrostreptomycin sulfate equivalent to 1 gram dihydrostreptomycin.
( b ) *Sponsor.* See No. 042791 in § 510.600(c) of this chapter.
( c ) *Related tolerances.* See §§ 556.200 and 556.510 of this chapter.
( d ) *Conditions of use for syringe described in paragraph (a)(1) of this section in dry cows* — ( 1 ) Amount . Infuse the contents of one syringe (equivalent to 200,000 units penicillin G and 300 milligrams dihydrostreptomycin) into each quarter at the last milking prior to drying off.
( 2 ) *Indications for use.* For the treatment of subclinical mastitis in dairy cows at the time of drying off, specifically against infections caused by *Staphylococcus aureus* and *Streptococcus agalactiae*.
( 3 ) *Limitations.* For use in dry cows only. Not to be used within 6 weeks of calving. Milk taken from cows within 24 hours (2 milkings) after calving must not be used for food. Animals infused with this drug must not be slaughtered for food within 60 days of treatment or within 24 hours after calving. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
( e ) *Conditions of use for syringe described in paragraph (a)(2) of this section in dry cows* — ( 1 ) Amount . Infuse the contents of one syringe (equivalent to 1 million units penicillin G and 1 gram dihydrostreptomycin) into each quarter at the last milking prior to drying off.
( 2 ) *Indications for use.* To reduce the frequency of existing infection and to prevent new infections with *Staphylococcus aureus* in dry cows.
( 3 ) *Limitations.* Not for use in lactating cows. Not to be used within 6 weeks of calving. Milk taken from cows within 96 hours (8 milkings) after calving must not be used for food. Animals infused with this drug must not be slaughtered for food within 60 days from the time of infusion or within 96 hours after calving. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
[57 FR 37336, Aug. 18, 1992, as amended at 78 FR 21060, Apr. 9, 2013; 83 FR 14587, Apr. 5, 2018. Redesignated and amended at 86 FR 13187, Mar. 8, 2021; 88 FR 55567, Aug. 16, 2023]
EXHIBIT
32.1





CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER





Pursuant
to Section 906 of the Sarbanes Oxley Act of 2002 (18 U.S.C. 1350)
and


Rules
13a-14(b) of the Securities Exchange Act of 1934





I, Keith
A. Meister, Principal Executive Officer of Icahn Enterprises G.P. Inc., the
general partner of Icahn Enterprises L.P. (the “Registrant”), certify that, to
the best of my knowledge, based upon a review of the Icahn Enterprises L.P.
quarterly report on Form 10-Q for the period ended September 30, 2009 of the
Registrant (the “Report”):




(1) The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and




(2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the
Registrant.




/s/  Keith
      A. MeisterKeith
      A. MeisterPrincipal
      Executive Officer and Vice Chairman of the Board of Icahn Enterprises G.P.
      Inc., the general partner of Icahn Enterprises L.P.





Date:
November 4, 2009
§ 500.52 Use of terms such as “tonic”, “tone”, “toner”, or “conditioner” in the labeling of preparations intended for use in or on animals. ( a ) The use of terms such as *tonic, tone, toner,* and similar terms in the labeling of a product intended for use in or on animals implies that such product is capable of a therapeutic effect(s) and causes such a product to be a drug within the meaning of section 201(g) of the Federal Food, Drug, and Cosmetic Act. The unqualified use of such terms in a product's labeling fails to provide adequate directions and indications for use of such product and causes it to be misbranded within the meaning of section 502(a) and (f)(1) of the act. The terms *tonic, tone, toner,* and similar terms may be used in labeling only when appropriately qualified so as to fully inform the user regarding the intended use(s) of the product.
( b ) The unqualified use of the term *conditioner* and similar terms in the labeling of a product intended for use in or on animals implies that such product is capable of a therapeutic effect(s) and causes such a product to be a drug within the meaning of section 201(g) of the act. The unqualified use of such terms in a product's labeling fails to provide adequate directions and indications for use of such product and causes it to be misbranded within the meaning of section 502(a) and (f)(1) of the act. The term *conditioner* and similar terms may be used in labeling only when appropriately qualified so as to fully inform the user regarding the intended use(s) of the product. A product labeled as a “conditioner” or with a similar term can be either a food or drug depending upon the manner in which the term is qualified in the labeling to reflect the product's intended use.
( c ) An article so qualified as to be represented as a drug must be the subject of an approved new animal drug application unless the use of the article under the conditions set forth in its labeling is generally recognized as safe and effective among experts qualified by scientific training and experience to evaluate the safety and effectiveness of animal drugs.
```

[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Notices]
[Page 5192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01788]

-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 9020]

Overseas Security Advisory Council Meeting Notice

Closed Meeting

    The Department of State announces a meeting of the U.S. State 
Department--Overseas Security Advisory Council on February 24 and 25, 
2015. Pursuant to Section 10(d) of the Federal Advisory Committee Act 
(5 U.S.C. Appendix), and 5 U.S.C. 552b(c)(4), and 5 U.S.C. 
552b(c)(7)(E), it has been determined that the meeting will be closed 
to the public. The meeting will focus on an examination of corporate 
security policies and procedures and will involve extensive discussion 
of trade secrets and proprietary commercial information that is 
privileged and confidential, and will discuss law enforcement 
investigative techniques and procedures. The agenda will include 
updated committee reports, a global threat overview, and other matters 
relating to private sector security policies and protective programs 
and the protection of U.S. business information overseas.
    For more information, contact Marsha Thurman, Overseas Security 
Advisory Council, U.S. Department of State, Washington, DC 20522-2008, 
phone: 571-345-2214.

    Dated: January 16, 2015.
Bill A. Miller,
Director of the Diplomatic, Security Service, U.S. Department of State.
[FR Doc. 2015-01788 Filed 1-29-15; 8:45 am]
BILLING CODE 4710-43-P
```
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<RECEIVABLES>                                   13,125
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<SALES>                                         12,049
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<CGS>                                            7,823
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