alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.11.2



 






EXHIBIT
10.11.2




FIRST AMENDMENT

TO

FERRO CORPORATION DEFERRED COMPENSATION PLAN

FOR NON-EMPLOYEE DIRECTORS




     WHEREAS, Ferro Corporation (the “Corporation”) established the Ferro Corporation Deferred
Compensation Plan for Non-Employee Directors effective as of January 1, 1995 (the “Plan”); and



     WHEREAS, pursuant to Article IV of the Plan, the Corporation reserved the right to amend the
Plan; and



     WHEREAS, the Corporation desires to amend the Plan;




     NOW, THEREFORE, effective as of July 1, 2001, the Corporation amends Section 2.3(a) of the
Plan to read as follows:




	 	(a)	 	The Stock then credited to a Participant’s Account and allocated to the Trust’s
separate account thereto shall, as determined by the Corporation in its sole discretion
after consultation with the Participant (or, if applicable, with the Participant’s
Beneficiary), be distributed in kind (i.e., in shares of Stock) to the Participant (or,
if applicable, to the Participant’s Beneficiary) EITHER (1) in a single distribution as
soon as administratively feasible after (i) the nine (9) month anniversary of the date
on which the Participant ceases to be a Director, or (ii) the date of the Participant’s
death, OR (2) in substantially equal monthly, or semiannual, or annual installments
over a period not in excess of ten (10) years commencing as soon as administratively
feasible.





     IN WITNESS WHEREOF, the Corporation has executed this First Amendment to Ferro Corporation
Deferred Compensation Plan for Non-Employee Directors in multiple counterparts at Cleveland, Ohio,
effective as of July 1, 2001, but on the date indicated below.



	 	 	 	 	 	 	 
	 	 	FERRO CORPORATION	 	 
	 
	 	 	 	 	 	 
	 

	 	By:	 	 	 	 
	 

	 	 	 	 

	 	 
	 

	 	Title:	 	 	 	 
	 

	 	 	 	 

	 	 
	 

	 	Date:
```

[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Notices]
[Page 39066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18680]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Science; Notice of Renewal of the Basic Energy Sciences 
Advisory Committee

    Pursuant to Section 14(a)(2)(A) of the Federal Advisory Committee 
Act, App. 2, and section 102-3.65, Title 41, Code of Federal 
Regulations, and following consultation with the Committee Management 
Secretariat, General Services Administration, notice is hereby given 
that the Basic Energy Sciences Advisory Committee has been renewed for 
a 2-year period.
    The Committee will provide advice to the Department of Energy's 
Office of Science on the basic energy sciences programs. The Secretary 
of Energy has determined that renewal of the Basic Energy Sciences 
Advisory Committee is essential to the conduct of the Department's 
business and in the public interest in connection with the performance 
of duties imposed by law upon the Department of Energy. The Committee 
will continue to operate in accordance with the provisions of the 
Federal Advisory Committee Act (Pub. L. No. 92-463), the General 
Services Administration Final Rule on Federal Advisory Committee 
Management, and other directives and instructions issued in 
implementation of those acts.
    For Further Information Contact: Ms. Rachel Samuel at (202) 586-
3279.

    Issued in Washington, DC, on July 31, 2009.
Eric Nicoll,
Advisory Committee Management Officer.
[FR Doc. E9-18680 Filed 8-4-09; 8:45 am]
BILLING CODE 6450-01-P
```
§ 25.2522(c)-2 Disallowance of charitable, etc., deductions in the case of gifts made after December 31, 1969. ( a ) *Organizations subject to section 507(c) tax.* Section 508(d)(1) provides that, in the case of gifts made after December 31, 1969, a deduction which would otherwise be allowable under section 2522 for a gift to or for the use of an organization upon which the tax provided by section 507(c) has been imposed shall not be allowed if the gift is made by the donor after notification is made under section 507(a) or if the donor is a substantial contributor (as defined in section 507(d)(2)) who makes such gift in his taxable year (as defined in section 441) which includes the first day on which action is taken by such organization that culminates in the imposition of the tax under section 507(c) and any subsequent taxable year. This paragraph does not apply if the entire amount of the unpaid portion of the tax imposed by section 507(c) is abated under section 507(g) by the Commissioner or his delegate.
( b ) *Taxable private foundations, section 4947 trusts, etc.* Section 508(d)(2) provides that, in the case of gifts made after December 31, 1969, a deduction which would otherwise be allowable under section 2522 shall not be allowed if the gift is made to or for the use of— ( 1 ) A private foundation or a trust described in section 4947(a)(2) in a taxable year of such organization for which such organization fails to meet the governing instrument requirements of section 508(e) (determined without regard to section 508(e)(2) (B) and (C)), or
( 2 ) Any organization in a period for which it is not treated as an organization described in section 501(c)(3) by reason of its failure to give notification under section 508(a) of its status to the Commissioner. For additional rules, see § 1.508-2(b)(1) of this chapter (Income Tax Regulations).
( c ) *Foreign organizations with substantial support from foreign sources.* Section 4948(c)(4) provides that, in the case of gifts made after December 31, 1969, a deduction which would otherwise be allowable under section 2522 for a gift to or for the use of a foreign organization which has received substantially all of its support (other than gross investment income) from sources without the United States shall not be allowed if the gift is made ( 1 ) after the date on which the Commissioner has published notice that he has notified such organization that it has engaged in a prohibited transaction, or
( 2 ) in a taxable year of such organization for which it is not exempt from taxation under section 501(a) because it has engaged in a prohibited transaction after December 31, 1969.
[T.D. 7318, 39 FR 25458, July 11, 1974]
#### Ronald L. SNIPES, Appellant, v. OAKDALE CLASSIFICATION AND MEDICAL CENTER; Health Services; David J. Scurr; Dr. Ann Mueller; D. Murray, R.N., Appellees.

No. 02-1160.

United States Court of Appeals, Eighth Circuit.

Submitted June 4, 2002.

Decided June 6, 2002.

*221Before McMILLIAN, BOWMAN, and BYE, Circuit Judges.

PER CURIAM.

Iowa inmate Ronald L. Snipes appeals the District Court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1988 action. Having carefully reviewed the record, *see Jolly v. Knudsen,*205 F.3d 1094, 1096 (8th Cir.2000) (standard of review), we affirm.

Snipes claimed that Clarinda Correctional Facility Dr. Ann Mueller and Nurse D. Murray were deliberately indifferent to his serious medical need: rectal bleeding from internal hemorrhoids. He alleged that Dr. Mueller had failed to recommend surgery, and that Dr. Mueller and Nurse Murray had denied him feminine maxi-pads to control his bleeding.

Assuming that Snipes’s hemorrhoid condition constituted a serious medical need, the medical records and expert opinion he submitted fell far short of creating a triable issue on whether Dr. Mueller and Nurse Murray ignored an acute or escalating condition. *See Jolly,*205 F.3d at 1096 (holding that an inmate must show that he suffered from serious medical need, which prison officials knew of and deliberately ignored; mere disagreement with treatment decisions does not rise to level of constitutional violation); *Dulany v. Carnahan,*132 F.3d 1234, 1243 (8th Cir.1997).

Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Ronald H. Longstaff, Chief Judge, United States District Court for the Southern District of Iowa.
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<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEETS AND THE CONDENSED CONSOLIDATED
STATEMENT OF OPERATIONS FOUND IN THE COMPANY'S FORM 10-Q FOR THE THREE MONTHS
ENDED MARCH 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
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<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          22,494
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<TOTAL-LIABILITY-AND-EQUITY>                    55,383
<SALES>                                         17,793
<TOTAL-REVENUES>                                18,328
<CGS>                                           16,979
<TOTAL-COSTS>                                   16,979
<OTHER-EXPENSES>                                 8,137
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  27
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<INCOME-TAX>                                        40
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</TABLE>
#### Marie BLACK *v.*Robert L. JENNINGS and Mary Lou JENNINGS

5-5099

448 S. W. 2d 18

Opinion delivered December 15, 1969

*Bill J. Davis,*for .appellant.

*William I. Prewett,*for appellees.

George Rose Smith, Justice.

The decree in this case must be affirmed under Rule 9. The appellant’s opening statement indicates that in the trial court the appellees ’ petition for a writ of habeas corpus to obtain the custody of two minor children was granted on the ground that an earlier award of custody in a Texas court was entitled to full faith and credit. The opening statement, however, asserts facts not to be found in the *794record, contains no page references to the transcript, and certainly cannot be treated as even a partial abstract of the record within Rule 9.

The abstract itself barely exceeds a printed page in length. It gives no information whatever about the relationship of the parties to the two children, about the domicile of the litigants or of the children, or about the contents of the Texas order, which apparently is the most vital document to be considered in the case. The appellees have not filed a brief. We dislike deciding cases on grounds other than the merits, but here we have no choice. It is not practical for the seven judges to read the transcript, but that is the only way in which we could all obtain sufficient information about the facts to consider the case on its merits.

Affirmed.
This memorandum opinion was not selected for pub lication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1 STATE OF NEW MEXICO 2 Plaintiff-Appellee, 3 v. No. 33,693 4 LORIE ESTELLE CAMPBELL 5 Defendant-Appellant. 6 APPEAL FROM THE DISTRICT COURT OF DON ̃A ANA COUNTY 7 Darren M. Kugler, District Judge 8 Hector H. Balderas, Attorney General 9 Margaret McLean, Assistant Attorney General 10 Santa Fe, NM 11 for Appellee 12 Jorge A. Alvarado, Chief Public Defender 13 Sergio Viscoli, Appellate Defender 14 Santa Fe, NM 15 for Appellant 16 MEMORANDUM OPINION 17 FRY, Judge. 182 {1} The State appeals from the district c ourt’s order dismissing the indictment 1 against Defendant for the charge of commercial burglary. This Court issued a stay 2 before addressing the merits of th e State’s appeal, pending our decision in State v. 3 Archuleta , _____-NMCA-___, ___ P.3d ___ (N o. 32,794, Oct. 27, 2014), cert. 4 granted , 2015-NMCERT-___ (No. 35,005, Jan. 26, 5 2015), the first of many cases raising the same issue relative to the charge of 6 commercial burglary. Relying on our opinion in Archuleta , we lifted the stay and 7 issued a notice of proposed summary disposition, proposing to affirm on December 8 23, 2014. [Ct. App. file] The State has f iled a response, objecting to our notice and 9 requesting that we hold this appeal in abey ance or provide the St ate with a reasonable 10 opportunity to seek guidance from the Ne w Mexico Supreme Court on all pending 11 appeals controlled by our opinion in Archuleta . [MIO 1-2] We have provided the State 12 with such an opportunity, and the Supreme C ourt has denied the State a stay or other 13 remedy that would suspend the precedential value of Archuleta . Thus, pursuant to 14 Rule 12-405(C) NMRA, we apply Archuleta. See Rule 12-405(C) (“A petition for a 15 writ of certiorari filed pursuant to Rule12-502 NMRA or a Supreme Court order 16 granting the petition does not affect the preced ential value of an opinion of the Court 17 of Appeals, unless otherwise ordered by the Supreme Court.”). 183 {2} In its response to our notice, the State simply objects to our proposed 1 disposition without elaboration. [MIO 1] Wecontinue to believe that there are no 2 material factual distinctions to remove this case from the control of our opinion in 3 Archuleta . For the reasons stated in our notice, we affirm the district court’s order 4

granting Defendant’s motion to dismiss the commercial burglary charge. 5
{3} IT IS SO ORDERED. 6 7

__________________________________ 8 CYNTHIA A. FRY , Judge 9

WE CONCUR: 10

__________________________ 11 JONATHAN B. SUTIN, Judge 12

__________________________ 13 MICHAEL D. BUSTAMANTE, Judge 14
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold a Closed Meeting on Thursday, January 29, 2009 at 2 p.m.

                    Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain                           ( print page 5193)                        staff members who have an interest in the matters also may be present.                

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (5), (6), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting.

Acting Chairman Walter, as duty officer, voted to consider the items listed for the Closed Meeting in closed session, and determined that no earlier notice thereof was possible.

The subject matter of the Closed Meeting scheduled for Thursday, January 29, 2009 will be:

Formal orders of investigation;

Institution and settlement of injunctive actions;

Institution and settlement of administrative proceedings of an enforcement nature; 

A litigation matter; 

A collection matter;

Adjudicatory matters; and

Other matters relating to enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting items.

For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact:

The Office of the Secretary at (202) 551-5400.

Dated: January 23, 2009.

Elizabeth M. Murphy, 

Secretary.

[FR Doc. E9-1883 Filed 1-28-09; 8:45 am]

BILLING CODE 8011-01-P
exv10w48



 





Exhibit 10.48




     Tommy L. Andrews, Laura De Cespedes, Nelson G. Eng, George W. Gresham, Shailesh M. Kotwal,
Kay J. Nichols and Clyde L. Thomas have entered into Change in Control Agreements that are
substantially identical in all respects to the agreement with Paul F. Walsh that was filed as
Exhibit 10.2 to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30,
2002.



     Steven F. Coleman has entered into a Change in Control Agreement that, as amended, is
substantially identical in all material respects to the Agreement and amendment thereto filed as
Exhibits 10.29 and 10.30, respectively, to the Company’s Annual Report on Form 10-K for the year
ended December 31, 2000.
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<FISCAL-YEAR-END>                            DEC-31-1998
<PERIOD-END>                                 JUN-30-1998
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<SECURITIES>                                           0
<RECEIVABLES>                                          0
<ALLOWANCES>                                           0
<INVENTORY>                                       60,277
<CURRENT-ASSETS>                                 126,825
<PP&E>                                           463,912
<DEPRECIATION>                                   131,950
<TOTAL-ASSETS>                                   503,165
<CURRENT-LIABILITIES>                             75,602
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<COMMON>                                               0
<PREFERRED-MANDATORY>                                  0
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<TOTAL-LIABILITY-AND-EQUITY>                     503,165
<SALES>                                          302,730
<TOTAL-REVENUES>                                 302,730
<CGS>                                            218,500
<TOTAL-COSTS>                                    281,217
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                     0
<INCOME-PRETAX>                                   (1,947)
<INCOME-TAX>                                      (1,024)
<INCOME-CONTINUING>                                 (923)   
<DISCONTINUED>                                         0
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<CHANGES>                                              0
<NET-INCOME>                                        (923)
<EPS-PRIMARY>                                      (0.08)
<EPS-DILUTED>                                      (0.08)
        

</TABLE>
Exhibit 99.1

Report of Independent Registered Public Accounting Firm on Supplemental Information

To the Shareholders and Board of DirectorsOwl Rock Capital Corporation II:

We have audited and reported separately herein on the consolidatedfinancial statements of Owl Rock Capital Corporation II and subsidiaries(the Company) as of December 31, 2019 and 2018 and for each of the years in the three-year period ended December 31, 2019.

We have also previously audited, in accordance with the standards of the PCAOB, the consolidated statements of assets and liabilities of the Company, including the consolidated schedules of investments, as of December 31, 2017 (which are not presented herein), and we expressed unqualified opinions on those consolidated financial statements.

The senior securities table included in Part II, Item 5 of the December 31, 2019 annual report on Form 10-K of the Company, under the caption “Senior Securities” (Senior Securities Table) has been subjected to audit procedures performed in conjunction with the audit of the Company’s respective consolidated financial statements.  The Senior Securities Table is the responsibility of the Company’s management. Our audit procedures included determining whether the Senior Securities Table reconciles to the respective consolidatedfinancial statements or the underlying accounting and other records, as applicable, and performing procedures to test the completeness and accuracy of the information presented in the Senior Securities Table. In forming our opinion on the Senior Securities Table, we evaluated whether the Senior Securities Table, including its form and content, is presented in conformity with instructions to Form N-2. In our opinion, the Senior Securities Table is fairly stated, in all material respects, in relation to the respective consolidated financial statements as a whole.

/s/ KPMG LLP

New York, New YorkFebruary 25, 2020
§ 26.6109-1 Tax return preparers furnishing identifying numbers for returns or claims for refund. ( a ) *In general.* Each generation-skipping transfer tax return or claim for refund prepared by one or more signing tax return preparers must include the identifying number of the preparer required by § 1.6695-1(b) of this chapter to sign the return or claim for refund in the manner stated in § 1.6109-2 of this chapter.
( b ) *Effective/applicability date.* Paragraph (a) of this section is applicable to returns and claims for refund filed after December 31, 2008.
[T.D. 9436, 73 FR 78452, Dec. 22, 2008]
TS- ACET10/20/30/40/50

Attachment #5

Pt. 2, Sec. A, 2

Worker/ Occupational Exposure Information on the New Chemical Substance s at

Industrial Sites Controlled by the Submitter