alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Second Amendment to the Amended and Restated 2002 Long Term Incentive Plan



 
Exhibit 10.01b 
 AMENDMENT TO THE 
 RESTATED 2002 PRAXAIR, INC. LONG TERM INCENTIVE PLAN 
 The Restated 2002
Praxair, Inc. Long Term Incentive Plan (the “Plan”) is hereby amended as follows, effective as of January 23, 2007: 
 1. Section 6.7 of the Plan is
hereby amended in its entirety as follows: 
 “6.7 Initial Vesting. A Stock Option Award by its terms shall be exercisable
only after the earliest of: 
 (i) such period of time as the Committee shall determine and specify in the grant, but in no
event less than three years following the date of grant of such award provided that options granted may partially vest after no less than one year so long as the entire grant does not fully vest until at least three years have elapsed from the date
of grant; 
 (ii) the Participant’s death; or 
 (iii) a Change in Control of the Company. 
 In the event of the Participant’s Disability or Retirement or termination by the Company of the Participant’s employment other than for cause, a Stock Option Award shall not be exercisable at the time of
such event but shall become exercisable at the time specified in clauses (i), (ii) or (iii) above. Notwithstanding the foregoing: (a) in the event of a Participant’s Retirement prior to the first anniversary date after the date of a Stock
Option Award, such Stock Option Award shall not vest but shall be immediately forfeited; and (b) except as otherwise determined by the Company’s Chief Executive Officer or his designee, in the event of the termination by the Company of the
Participant’s employment other than for cause prior to the first anniversary date after the date of a Stock Option Award, such Stock Option Award shall not vest but shall be immediately forfeited.” 
 2. Section 6.8(iii) is of the Plan is hereby amended in its entirety as follows: 
 “(iii) in the case of termination by the Company of the Participant’s employment other than for cause, the Stock Option Award, to the extent not forfeited in accordance with Section 6.7 above, shall remain
exercisable during a three (3) year period commencing on the effective date of such termination;” 
  

	
	January 23, 2007
	
	PRAXAIR, INC.
exv10w5



 





Exhibit 10.5




AMENDMENT TO

NEWELL RUBBERMAID

SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN




     WHEREAS, Newell Operating Company (the “Company”) maintains the Newell Rubbermaid Supplemental
Executive Retirement Plan, as amended and restated effective January 1, 2004 (the “Plan”), which
provides for the Traditional SERP Benefit; and



     WHEREAS, the Board of Directors of Newell Rubbermaid Inc. and the Board of Directors of the
Company approved an amendment to the Plan to: (i) provide that no employee may commence or
recommence participation in the Traditional SERP Benefit on or after January 1, 2007, and (ii)
effective as of January 1, 2007, adjust the benefit formula to restore benefits lost due to the
restructuring of the target bonus opportunities under the Newell Rubbermaid Inc. Management Cash
Bonus Plan,



     NOW, THEREFORE, the Plan is hereby amended, effective January 1, 2007, in the following
respects:



     1. Section 3.2 of the Plan is amended by the addition of the following paragraph at the end
thereof:




Notwithstanding the foregoing, any New High Level Executive who would first become
eligible (or reeligible) for the SERP under Section 3.3 on or after January 1, 2007
shall not become a Participant in the Traditional SERP Benefit. Further, no
additional Executive shall otherwise become a Participant in the Traditional SERP
Benefit (or reparticipate therein) on or after January 1, 2007.



     2. Section 4.2 of the Plan is amended by the addition of the following paragraph at the end
thereof:




Notwithstanding the foregoing, effective for a bonus paid on or after January 1,
2007, a Participant’s “bonus” for a year for purposes of the second paragraph
hereof shall be the amount of the bonus which would have been paid to him in such
year if the bonus formula in effect for the Participant’s current job
classification under the Newell Rubbermaid Inc. Management Cash Bonus Plan for
calendar year 2005 was applied to determine the bonus paid to him in such year, as
determined by the Company.



     IN WITNESS WHEREOF, Newell Operating Company has hereunto caused its name to be effective as
of the 1st day of January, 2007.



	 	 	 	 	 
	 	





NEWELL OPERATING COMPANY

 	 
	 	By:  	/s/ Dale L. Matschullat
 	 
	 	 	Dale L. Matschullat, Vice President — 	 
	 	 	     General Counsel and Corporate Secretary
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-1694

NICK ROSELLI,

Plaintiff - Appellant,

versus

UNIVERSAL UNDERWRITERS INSURANCE COMPANY,

Defendant - Appellee.

Appeal from the United States District Court for the District of

South Carolina, at Florence. Terry L. Wooten, District Judge.

(CA-02-4097-4-25BH)

Submitted: January 14, 2005 Decided: February 11, 2005

Before MOTZ, TRAXLER, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

William F. O’Neil, III, O’NEIL & CHANDLER, L.L.C., Myrtle Beach,

South Carolina, for Appellant. Bradford N. Martin, William S.F.

Freeman, WALKER, MARTIN & REIBOLD, L.L.C., Greenville, South

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Nick Roselli appeals the district court’s order granting

summary judgment to Universal Underwriters Insurance Company on

Roselli’s action for insurance coverage for an accident that

occurred on July 4, 2000. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated by

the district court. See Roselli v. Universal Underwriters Ins.

Co., No. CA-02-4097-4-25BH (D.S.C. Apr. 30, 2004). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED
§ 1.909-3 Rules regarding related income and split taxes. ( a ) *Interim rules for identifying related income and split taxes.* The principles of paragraphs (d) through (f) of § 1.909-6 apply to related income and split taxes in taxable years beginning on or after January 1, 2011, except that the alternative method for identifying distributions of related income described in § 1.909-6(d)(4) applies only to identify the amount of pre-2011 split taxes of a section 902 corporation that are suspended as of the first day of the section 902 corporation's first taxable year beginning on or after January 1, 2011.
( b ) *Split taxes on deductible disregarded payments.* Split taxes include taxes paid or accrued in taxable years beginning on or after January 1, 2011, with respect to the amount of a disregarded payment that is deductible by the payor of the disregarded payment under the laws of a foreign jurisdiction in which the payor of the disregarded payment is subject to tax on related income from a splitter arrangement. The amount of the deductible disregarded payment to which this paragraph (b) applies is limited to the amount of related income from such splitter arrangement.
( c ) *Effective/applicability date.* This section applies to taxable years ending after February 9, 2015. See 26 CFR 1.909-3T (revised as of April 1, 2014) for rules applicable to taxable years beginning on or after January 1, 2011, and ending on or before February 9, 2015.
[T.D. 9710, 80 FR 7332, Feb. 10, 2015]
## 2007 D e c i sion s O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit 3-29-2007 

# Lind sey v . C at e rpi l l a r Inc P r e c e de n t i al or N on-P r e c e de n t i al : P r e c e de n t i al D ocke t N o . 05-4406

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## UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

____________

No. 05-4406

_____________ ROSARIO LINDSEY, individually and as Executrix of the Estate of Charles Lindsey, Appellant v. CATERPILLAR, INC.

_____________ On Appeal from the United States District Court for the District of New Jersey No. 03-cv-05762 District Judge: Honorable Garrett E. Brown, Jr., Chief Judge

_____________ ORDER AMENDING OPINION It appearing that the Clerk made a typographical error in the spelling of the name of counsel for Appellant, the precedential opinion filed on March 26, 2007 is hereby amended to correct that typographical error. Neil E. Durkin, not Neil E. Durking, argued on behalf of Appellant. The letter “g” is deleted from the listing of counsel’s name on page one. This amendment does not change the date of filing, March 26, 2007. For the Court, /s/ Marcia M. Waldron Clerk Dated: March 29, 2007 lwc/cc: RGB NED JHK
## In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 19

- 00081

- CR

JOHN FITZGERALD DAVIS, Appellant
V. THE STATE OF TEXAS, Appellee

On Appeal from the 188th District Court Gregg County, Texas Trial Court No. 48028

- A

Before Morriss, C.J., Burgess and Stevens, JJ.2 

### O RDER Appellant John Fitzgerald Davis was convicted of unlawfully possessin g a firearm and was sentenced to six years’ imprisonment. Davis has appealed from that conviction and the resulting sentence. On August 7, 2019, Davis’s court

- appointed appellate counsel, Jason D. Cassel, filed

an Anders 1 brief, and on September 9, 2019, Davis filed a pro se motion for access to the appellate record for purposes of preparing a response to his counsel’s Anders brief. Under Kelly v. State , 2 we are required to enter an order specifying the procedure to be followed to ensure Davis’s access

to the record. Cassel advised this Court on September 16, 2019, that he would mail a complete paper copy of the appellate record to Davis. The record contains no digitally recorded exhibits. Allowing fifteen days for the record to be delivered to Davis and giving Davis thirty days to prepare his pro se response, we hereby set October 31, 2019, as the deadline for Davis to file his pro se response
to his counsel’s Anders brief.
IT IS SO ORDERED.
BY THE COURT

DATE: September 17, 2019

1 See Anders v. California , 386 U.S. 738 (1967).

2 Kelly v. State , 436 S.W.3d 313, 321

– 22 (Tex. Crim. App. 2014).
<TABLE> <S> <C>

<ARTICLE>                    5
<LEGEND>  THIS SCHEDULE CONTAINS SUMMARY FINANCIAL
          INFORMATION EXTRACTED FROM 10Q DATED 
          JUNE 30, 1998 AND IS QUALIFIED IN ITS
          ENTIRETY BY REFERENCE TO SUCH FINANCIAL
          STATEMENTS
<MULTIPLIER>                 1000
       
<S>                          <C>
<PERIOD-TYPE>                6-MOS
<FISCAL-YEAR-END>            DEC-31-1998
<PERIOD-END>                 JUN-30-1998
<CASH>                       203963
<SECURITIES>                 1158501
<RECEIVABLES>                92634
<ALLOWANCES>                 4682
<INVENTORY>                  0
<CURRENT-ASSETS>             1542893
<PP&E>                       148181
<DEPRECIATION>               101242
<TOTAL-ASSETS>               2062805
<CURRENT-LIABILITIES>        193775
<BONDS>                      0
<PREFERRED-MANDATORY>        0
<PREFERRED>                  0
<COMMON>                     230
<OTHER-SE>                   1672835
<TOTAL-LIABILITY-AND-EQUITY> 2062805
<SALES>                      0
<TOTAL-REVENUES>             220075
<CGS>                        0
<TOTAL-COSTS>                172319
<OTHER-EXPENSES>             0
<LOSS-PROVISION>             0
<INTEREST-EXPENSE>           0
<INCOME-PRETAX>              44171
<INCOME-TAX>                 16000
<INCOME-CONTINUING>          20595
<DISCONTINUED>               0
<EXTRAORDINARY>              0
<CHANGES>                    0
<NET-INCOME>                 20595
<EPS-PRIMARY>                .91
<EPS-DILUTED>                .90
        

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### TEST DATA REVIEW ENGINEERING REPORT P-11-0106 Post-Focus Draft Revision 1 2/16/2011 ENGINEER: El-Zoobi \ BCS PV (kg/yr): Revision Notes/Assessment Overview: This revision includes the following changes to the FOCUS-ready draft that are made based on letter from submitter to V. Lee and M. El-Zoobi dated 2/10/11:

SUBMITTER USE: Emulsifier and anti-stripping agent for asphalt.

OTHER USES:

MSDS: Yes LABEL : N o Gen Eqpt: Eye: face shield, chemical goggles // Skin: chemical resistant gloves and clothing // Eng Controls: local mechanical ventilation Respirator: Where airborne exposure is likely or airborne exposure limits are exceeded (if| applicable, see above), use NIOSH approved respiratory protection equipment appropriate to the material and/or its components. Full facepiece equipment is recommended. Health Effects: Causes Eye and Skin Burns. // May cause blindness. // Causes respiratory tract irritation. // May cause allegic skin reaction. TLV/PEL : - none established CRSS: (12/20/2010): Chemical Name: S-H2O: Dispersible g/L @ VP: 1.0E-6 torr @ MW: Physical State and Misc CRSS Info:

Consumer Use SAT (concerns): (12 / 21 /2010): Related Cases and Misc SAT Info: Ecotox Analogs: Migration to groundwater: N egligible PBT rating: P 2 B 1 T 1

. Health: 2-3, Dermal, Inhalation Eco: 3, Water (All releases to water with a CC = 1 ppb)OCCUPATIONAL EXPOSURE RATING: 1B NOTES & KEY ASSUMPTIONS: Generated by the 06/07/2005 version of ChemSTEER. This PMN is imported only therefore mfg was not assessed.

POLLUTION PREVENTION CONSIDERATIONS :

P2 REC: EXPOSURE -BASED REVIEW:P-11-0106

PROC: Number of Sites/Location: 1 Basis: Process Description:



## ENVIRONMENTAL RELEASES ESTIMATE SUMMARY IRER Note: The daily releases listed for any source below may coincide with daily releases from the other sources to the same medium.

High End: to: from: basis:



## RELEASE TOTAL kg/y r -



## OCCUPATIONAL EXPOSURES ESTIMATE SUMMARY Tot. # of workers exposed via assessed routes: Basis:

Dermal: Exposure to High End: Number of workers (all sites) with Dermal exposure: Basis:

Dermal: Exposure to High End: Number of workers (all sites) with Dermal exposure: Basis:P-11-0106

USE: Number of Sites/Location: Basis: Process Description:


## ENVIRONMENTAL RELEASES ESTIMATE SUMMARY IRER Note: The daily releases listed for any source below may coincide with daily releases from the other sources to the same medium.

Output 2: to: from: basis:



## RELEASE TOTAL kg/y r -



## OCCUPATIONAL EXPOSURES ESTIMATE SUMMARY Tot. # of workers exposed via assessed routes: Basis:

Dermal: Exposure to High End: Number of workers (all sites) with Dermal exposure: Basis:
§ 1.6044-3 Amounts subject to reporting. ( a ) *In general.* Except as provided in paragraph (c) of this section, the amounts subject to reporting under § 1.6044-2 are: ( 1 ) Payments by all organizations subject to such reporting requirements of: ( i ) Patronage dividends (as defined in section 1388(a)) paid in money, qualified written notices of allocation (as defined in section 1388(c)), or other property (except nonqualified written notices of allocation as defined in section 1388(d)); and
( ii ) Amounts described in section 1382(b)(2) (relating to redemption of nonqualified written notices of allocation previously paid as patronage dividends) paid in money or property (except written notices of allocation); and
( 2 ) Payments by farmers' cooperatives exempt from tax under section 521 of: ( i ) Amounts described in section 1382(c)(2)(A) (relating to distributions with respect to earnings derived from sources other than patronage) paid in money, qualified written notices of allocation, or other property (except nonqualified written notices of allocation); and
( ii ) Amounts described in section 1382(c)(2)(B) (relating to redemption of nonqualified written notices of allocation previously paid as distributions with respect to earnings derived from sources other than patronage) paid in money or other property (except written notices of allocation).
( b ) *Special rules.* ( 1 ) If an organization makes a distribution consisting in whole or in part of a written notice of allocation and a qualified check and, at the time it files its return under § 1.6044-2, is unable to determine whether such written notice of allocation and such check constitute nonqualified written notices of allocation, such organization shall for purposes of such return treat such written notice of allocation as a qualified written notice of allocation and such qualified check as a payment in money.
( 2 ) An amount described in paragraph (a) of this section is subject to reporting even though the organization paying such amount is allowed no deduction for it because it was not paid within the time prescribed in section 1382. Thus, a patronage dividend of $25 paid by a marketing cooperative must be reported even though it is paid after the end of the payment period (see section 1382(d)) for the organization's taxable year in which the patronage occurred.
( c ) *Exceptions.* An amount described in paragraph (a) of this section does not include— ( 1 ) Any amount described in § 1.6042-3(b); or
( 2 ) With respect to amounts paid or credited after December 31, 1982, any amount paid or credited to any person described in § 1.6049-4(c)(1)(ii).
( d ) *Determination of amount paid.* For purposes of § 1.6044-2 and this section, in determining the amount of any payment subject to reporting under paragraph (a) of this section: ( 1 ) Property (other than a qualified written notice of allocation) shall be taken into account at its fair market value, and
( 2 ) A qualified written notice of allocation shall be taken into account at its stated dollar amount.
[T.D. 6628, 27 FR 12798, Dec. 28, 1962, as amended by T.D. 8734, 62 FR 53476, Oct. 14, 1997]
§ 1.6109-2A Furnishing identifying number of income tax return preparer. ( a ) *Furnishing identifying number.* For returns or claims for refund filed prior to January 1, 2000, each return of tax under subtitle A of the Internal Revenue Code or claim for refund of tax under subtitle A of the Internal Revenue Code prepared by one or more income tax return preparers must bear the identifying number of the preparer required by § 1.6695-1(b) to sign the return or claim for refund. In addition, it there is a partnership or employment arrangement between two or more preparers, the identifying number of the partnership or the person who employs (or engages) one or more other persons to prepare for compensation the return or claim for refund shall also appear on the return or claim for refund. If the preparer is: ( 1 ) An individual (not described in subparagraph (2) of this paragraph (a) who is a citizen or resident of the United States such preparer's social security account number shall be affixed; and
( 2 ) A person (whether an individual, corporation, or partnership) who employs (or engages) one or more persons to prepare the return or claim for refund (other than for the person), or who is not a citizen or resident of the United States and also is not employed or engaged by another preparer, such preparer's employer identification number shall be affixed. For the definition of the term “income tax return preparer” (or “preparer”) see section 7701(a)(36) and § 301.7701-15.
( b ) *Furnishing address.* ( 1 ) Each return or claim for refund which is prepared by one or more income tax return preparers shall bear the street address, city, State, and postal ZIP code of that preparer's place of business where the preparation of the return or claim for refund was completed. However, if this place of business is not maintained on a year-round basis, the return or claim for refund shall bear the street address, city, State, and postal ZIP code of such preparer's principal office or business location which is maintained on a yearround basis, or it none, that preparer's residence.
( 2 ) For purposes of satisfying the requirement of the first sentence of paragraph (b)(1) of this section, and income tax return preparer, may, on returns and claims for refund, disclose only the postal ZIP code of the described place of business as a satisfactory address, but only if the preparer first by written notice advises each affected Internal Revenue Service Center that he intends to follow this practice.
( c ) *Penalty.* For the civil penalty for failure to furnish an identifying number as required under paragraph (a) of this section, see section 6695(c) and § 1.6695-1(c).
( d ) *Effective date.* Paragraph (a) of this section and this paragraph (d) apply to returns or claims for refund filed prior to January 1, 2000. For returns or claims for refund filed after December 31, 1999, see § 1.6109-2(a).
[T.D. 7519, 42 FR 59967, Nov. 23, 1977, as amended by T.D. 8835, 64 FR 43911, Aug. 12, 1999. Redesignated and amended by T.D. 9014, 67 FR 52863, Aug. 14, 2002]
AFS-13-407-E

June 26, 2013

 Exemption No. 10279A

 Regulatory Docket No. FAA-2005-20708

Mr. Eric Bergessen

Senior Director, Operations

World Airways, Inc.

101 World Drive

Peachtree City, GA 30269

Dear Mr. Bergessen:

This letter is to inform you that we have granted your petition to extend Exemption 

No. 10279. It explains the basis for our decision, describes its effect, and lists the conditions 

and limitations.

The Basis for Our Decision

By letter dated June 4, 2013, you petitioned the Federal Aviation Administration (FAA) on 

behalf of World Airways, Inc. (WA), for an extension of Exemption No. 10279. That 

exemption from §§ 121.665 and 121.697(a)(1), (b), and (c) of Title 14, Code of Federal 

Regulations allows WA to substitute a computer application signature for the signed load 

manifest required by these sections.

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to WA.
2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10279

remains valid with respect to this exemption and is in the public interest. Therefore, under the 

authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has 

delegated to me, I grant your petition.

The Effect of Our Decision

This exemption terminates on June 30, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Deputy Director, Flight

 Standards Service