alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.58



 





EXHIBIT 10.58




AMENDMENT TO MERGE THE




KEYCORP SECOND EXCESS 401(K) SAVINGS PLAN




INTO THE KEYCORP DEFERRED SAVINGS PLAN



WHEREAS, KeyCorp established the KeyCorp Excess 401(k) Savings Plan and the KeyCorp Second Excess
401(k) Savings Plan to provide a nonqualified excess retirement benefit to a select group of
management or highly compensated employees as described in Section 201(2), 301(3) and 401(a)(1) of
the Employee Retirement Income Security Act of 1974, as amended, and



WHEREAS, in maintaining the KeyCorp Excess 401(k) Savings Plan and the KeyCorp Second Excess 401(k)
Savings Plan KeyCorp has been required to maintain duplicate administration structures for each
respective plan, and



WHEREAS, to prevent this duplication of administration and the associated participant confusion
associated with multiple plans it is desired that the KeyCorp Second Excess 401(k) Savings Plan be
merged into the KeyCorp Deferred Savings Plan and that the KeyCorp Second Excess 401(k) Savings
Plan cease to exist separate and apart from the KeyCorp Deferred Savings Plan.



NOW, THEREFORE, the KeyCorp Second Excess 401(k) Savings Plan is hereby amended to add a new
Article XIV to the KeyCorp Second Excess 401(k) Savings Plan to be effective as of December 31,
2006, to read in its entirety as follows:




“ARTICLE XIV

MERGER INTO THE KEYCORP DEFERRED SAVINGS PLAN





	 	14.1	 	Merger of the Plan. Effective December 31, 2006 the Plan is
hereby merged into and made a part of the KeyCorp Deferred Savings Plan, and
all benefits that have accrued under the Plan shall be merged into and shall
become a part of the KeyCorp Deferred Savings Plan.”





     IN WITNESS WHEREOF, KeyCorp has caused this Amendment to the KeyCorp Second Excess 401(k)
Savings Plan to be executed by its duly authorized officer as of the 21st day of
December, 2006.




KEYCORP




	 	 	 	 	 
	 	 	 
	 	By:  	                       /s/ Thomas Helfrich
 	 
	 	 	Thomas Helfrich 	 
	 	 	Executive Vice President
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-7342

JOSEPH MICHAEL GRIFFITH,

 Plaintiff - Appellant,

v.

THOMAS K. MAHER,

 Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. Terrence W. Boyle, District Judge. (5:19-ct-03053-BO)

Submitted: February 18, 2021 Decided: February 23, 2021

Before NIEMEYER, KING, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Joseph Michael Griffith, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Joseph Michael Griffith appeals the district court’s order denying relief on his 42 

U.S.C. § 1983 complaint. We have reviewed the record and find no reversible error. 

Accordingly, we affirm for the reasons stated by the district court. Griffith v. Maher, No. 

5:19-ct-03053 (E.D.N.C. Aug. 24, 2020). We 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
November 22, 2011

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE.

West Building Ground Floor, Room W12

- 140 Washington, DC 20590

Itai Shoshani

Chief Pilot

Zip Aviation

14 Hangar Road

White Plains, NY 106

Certifica te # Z6VA330L

Phone # 646

- 961

- 3233

To whom it may concern

,

Zip Aviation LLC

, Certificate # Z6VA330L and 91.146 LOA # ZIPJEA11 3/11/2011

, would

like to apply for a grant of exempt ion from Title 14, Part 120, to permit us, operating

under separate parts of the regulations, to cover, with an equivalent level of safety, our

safety

- sensitive employees under one drug and alcohol testing program.

We are currently covered for both our 135 and our Air Tour

programs by an approved FAA/DOT drug and alcohol testing program,

through a Consortium/Third Party Administrator:

Professional Air Charter Services, Inc.

(program manager John Carpenter)

Drug Abatement / AMPP Consortium

Kansas City, MO

816 942 2144

Thank you for your time.

Sincerely,

Itai Shoshani
## Springfield-Branson 2300 n airport blvd ste 100 springfield missouri 65802 NATIONAL AIRPORT p 417.868.0500 f 417.868.0501
June 29, 2012
Ms. Aloha Ley Associate Director Small Community Air Service Development Program United States Department ofTransportation 1200 New Jersey Avenue SE Washington, DC 20590 Re: Small Community Air Service Development Program Docket# DOT-OST-2012-0069 Dear Ms. Ley: " ··· .} 

## ..

This letter is to raise objections to an application submitted to the United States Department of Transportation (USDOT) for federal grant funding to support air service development efforts at the private Branson Airport, Branson, Missouri. The City ofSpringfield, Missouri, owns and operates the Springfield-BransonNational Airport (SGF), which is classified as a small hub airport by the Federal Aviation Administration (FAA). SGF has direct service to ten destinations from American, United, Delta, and Allegiant Airlines, including multiple daily flights to four majorhubs. There were 365,698 enplanements in 2011. We have no problem with fair competition as 

### ithelps keep air fares in check, increases options to the public, and is good for the region's economic growth. We also have no desire that the private Branson Airport fail even though no federal, state, or local governmental entity asked that itbe built. We simply raise a question offairness. The private Branson Airport has touted itselffrom day one as a completely newbusiness model that does not want orneed federal aviation funding to be successful. They have stated publically they wantthe competitive advantage ofnothaving to follow the samerules and grant conditions all public airports must follow to receive federal aviation funding, known as Grant Assurances. We understand they have used this advantage to enter into agreements guaranteeing exclusive rights, diverting airportrevenue to payprivate shareholders, and to subsidize airline service with airportrevenue, all ofwhich are prohibitedunder FAA Grant Assurances. However, none ofthis canbe readilyverified since they are notrequired to disclose this information as a private airport. We feel federal aviation funding should not be granted to the Branson/Lakes Area Chamber of Commerce and the Convention and Visitors Bureau, even as public entities, because any grant funds would be used exclusively to market the private Branson Airport. Itwould be usingpublic funds to promote a private**for~profit** business.

### Page2 June 29, 2012 Ms. AlohaLey

Ifapproved, it would set up anunfairplaying field where SGF would be severely disadvantaged and couldjeopardizethe significantpublic investment made to develop SGF into the state-ofthe-art facility that it is today. Thank you for your consideration ofthese comments. Respectfully Submitted,

Brian C. Weiler, A.A.E. DirectorofAviation
UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

_________________

No. 97-51030

(Summary Calendar)

_________________

MICHAEL IDROGO,

Plaintiff - Appellant,

versus

GEORGE GARHART, individually and in enlisted

capacity with the organization calling itself

“US Air Force”; D A LEWELLING, individually

and in official capacity Commanding Officer

Naval Air Station Dallas, and NAS Fort Worth,

Texas; K L LAIN, individually and in Navy

Officer capacity; S A NOTT, individually and

in Navy Officer capacity; T A PEPPE,

individually and in capacity with the

organization calling itself “US Air Force”; S

IRWIN, individually and in capacity with the

organization calling itself “US Air Force”; R

D MCELRAFT, individually and in Navy Officer

capacity; J W MEHRMANN, individually and in

Navy Officer capacity; MIKE NORMILE,

individually and in Navy Officer capacity;

JOHN DALTON, Secretary of the US Navy; S

BURTON; A NESSER; J S KING; SHEILA WIDNALL,

Secretary of the United States Air Force,

Defendants - Appellees.

Appeal from the United States District Court

For the Western District of Texas

June 3, 1998

Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
* Pursuant to 5TH CIR. 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 5TH CIR. R.

47.5.4.

1 Idrogo’s motion for leave to file amendment to brief is

hereby denied.

-2-

PER CURIAM:*

Michael Idrogo brought numerous state and federal claims

against the Secretary of the United States Navy, the Secretary of

the United States Air Force, and various personnel of each service.

The district court dismissed all of Idrogo’s claims with prejudice.

Having reviewed the briefs and submissions of the parties, as well

as the record, we conclude that the district court correctly

dismissed Idrogo’s claims. The decision of the district court is

hereby AFFIRMED.1
Dismissed and Memorandum Opinion filed November 26, 2019.

In The 

Fourteenth Court of Appeals 

NO. 14-18-01113-CV

IN THE INTEREST OF P.R.A. AND M.V.A., CHILDREN, 

On Appeal from the 245th District Court 

Harris County, Texas 

Trial Court Cause No. 2013-47980 

MEMORANDUM OPINION 

This is an attempted appeal from a contempt order. A court of appeals lacks 

jurisdiction to review a contempt order on direct appeal. Tex. Animal Health 

Comm’n v. Nunley, 647 S.W.2d 951, 952 (Tex. 1983). 

On October 22, 2019, notification was transmitted to the parties of this 

court’s intention to dismiss the appeal for want of jurisdiction unless appellant 

filed a response demonstrating grounds for continuing the appeal on or before 

November 4, 2019. See Tex. R. App. P. 42.3(a). Appellant’s response fails to 

demonstrate that this court has jurisdiction over the appeal. 
2

Accordingly, the appeal is ordered dismissed. 

PER CURIAM 

Panel consists of Justices Zimmerer, Spain, and Hassan.
<TABLE> <S> <C>


<PAGE>

<ARTICLE> 5

<LEGEND>
The schedule contains summary financial information extracted from the
consolidated financial statements and is qualified in its entirety by reference
to such financial statements.
</LEGEND>

       
<S>                           <C>
<PERIOD-TYPE>                 6-MOS
<FISCAL-YEAR-END>             JUN-30-1996
<PERIOD-START>                JUL-01-1995
<PERIOD-END>                  DEC-31-1995
<CASH>                        184,199
<SECURITIES>                  0
<RECEIVABLES>                 10,404,124
<ALLOWANCES>                  0
<INVENTORY>                   0
<CURRENT-ASSETS>              11,635,935
<PP&E>                        932,199
<DEPRECIATION>                701,463
<TOTAL-ASSETS>                12,489,429
<CURRENT-LIABILITIES>         1,736,827
<BONDS>                       0
<PREFERRED-MANDATORY>         0
<PREFERRED>                   0
<COMMON>                      682
<OTHER-SE>                    10,086,362
<TOTAL-LIABILITY-AND-EQUITY>  12,489,429
<SALES>                       0
<TOTAL-REVENUES>              370,674
<CGS>                         0
<TOTAL-COSTS>                 7,827,174
<OTHER-EXPENSES>              1,296,369
<LOSS-PROVISION>              0
<INTEREST-EXPENSE>            0
<INCOME-PRETAX>               0
<INCOME-TAX>                  0
<INCOME-CONTINUING>           (8,752,869)
<DISCONTINUED>                0
<EXTRAORDINARY>               2,767,106
<CHANGES>                     0
<NET-INCOME>                  (11,519,975)
<EPS-PRIMARY>                 (5.43)
<EPS-DILUTED>                 (5.43)
        


</TABLE>
EX-10.48



 





Exhibit 10.48




Amendment Number Three to

The MetLife Deferred Compensation Plan for Officers

(as amended and restated as of November 1, 2003) (the “Plan”)




     The Plan is hereby amended in the manner set forth below, to the extent consistent with legal
requirements to maintain the deferred status of compensation credited under the Plan, including the
grandfathered status of such deferrals precluding the applicability of United States Internal
Revenue Code Section 409A:



     1. Section 6 is amended and restated to read as follows:




	 	6.	 	Investment Tracking Funds. The methods of Investment Tracking
described in or determined under this Section 6 shall be available for Deferral
Elections and Reallocation Elections. To the extent the methods of Investment Tracking
are changed, or otherwise as the Plan Administrator determines in its discretion, the
Plan Administrator may require the Participant to make an appropriate change in the
Participant’s Investment Tracking or may unilaterally impose a method of Investment
Tracking.






	 	6.1.	 	MetLife Deferred Shares Fund. Value tracked in the MetLife Deferred
Shares Fund shall be accounted in number of tracking shares equal to the number of
shares of MetLife Stock deferred and adjusted to simulate the effect of each and
any of the following on the Stock Compensation had it been paid in MetLife Stock:
(a) dividend; (b) stock dividend; (c) stock split; (d) MetLife, Inc.
recapitalization (including, but not limited, to the payment of an extraordinary
dividend), (e) merger, consolidation, combination, or spin-off affecting MetLife,
Inc. capitalization; (f) distribution of MetLife, Inc. assets to holders of
MetLife Stock (other than ordinary cash dividends); (g) exchange of shares, or (h)
other similar corporate change. Unless otherwise determined by the Plan
Administrator, only the value of a Participant’s Deferred Stock Compensation
Account may be tracked in the MetLife Deferred Shares Fund.
	 
	 	6.2.	 	Other Investment Tracking Funds. Except as provided in Section 6.1,
and to the extent consistent with legal requirements to maintain the deferred
status of compensation credited under the Plan, including the grandfathered status
of such deferrals precluding the applicability of United States Internal Revenue
Code Section 409A, the Plan Administrator shall determine in its discretion any
method(s) of Investment Tracking that will be available from time to time.





     2. This Amendment will be effective immediately upon execution.



 









 





     3. Except as otherwise expressly provided herein, the Plan (including any amendments thereto)
shall continue in full force and effect without amendment.



IN WITNESS WHEREOF, this amendment is approved.




PLAN ADMINISTRATOR





			
	 
	/s/ Andrew J. Bernstein for Margery Brittain	 
	 
	 
	 
	Date:  2-26-07	 
	 
	 
	 
	Witness: /s/ Joo Young Kang	 
	 
	 





2
###### Editorial Note on Part 2

#### Editorial Note:

The regulations contained in this part have been recodified in 46 CFR part 287.

#### § 2.1-5 Tentative authorization to establish fund.

Where the time between the receipt by the Administration of the application for permission to establish a construction reserve fund and the date prior to which an amount received from the sale or loss of a vessel must be deposited to come within the scope of section 511 of the Act is insufficient to permit a determination of the eligibility of the applicant, the Administration may tentatively authorize the establishment of a construction reserve fund and the deposit of such amount therein. Such tentative authorization shall be subject to rescission by the Administration if subsequently it is determined that the applicant is not entitled to the benefits of section 511 of the Act, or has not complied with the statutory requirements. For example, a tentative authorization will be rescinded if the Administration ascertains that the applicant is not a citizen. Upon such determination, the fund shall be closed and all amounts on deposit therein shall be withdrawn.
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, James M. Seneff, Jr., the Chief Executive Officer of CNL Realty
Corporation,  the corporate  general  partner of CNL Income Fund VIII, Ltd. (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period ending September 30, 2004 (the "Report"). The
undersigned hereby certifies that:

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

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

Date:   November 11, 2004              /s/ James M. Seneff, Jr.
                                      ------------------------------------------
                                       Name:   James M. Seneff, Jr.
                                       Title:  Chief Executive Officer

                                      A   signed   original   of  this   written
                                      statement required by Section 906 has been
                                      provided to CNL Income Fund VIII, Ltd. and
                                      will be  retained by CNL Income Fund VIII,
                                      Ltd. and furnished to the  Securities  and
                                      Exchange  Commission  or  its  staff  upon
                                      request.
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.                  

###### Department of Health and Human Services

###### National Institutes of Health

Notice is hereby given of a Request for Information (RFI): Updating the Interagency Autism Coordinating Committee Strategic Plan for Autism Spectrum Disorder (ASD) Research, NOT-MH-09-013, issued by the National Institute of Mental Health on behalf of the Interagency Autism Coordinating Committee (IACC).

                    The purpose of this RFI is to request input from ASD stakeholders to inform the next update of the Strategic Plan. Please see the official RFI notice at                     *http://grants.nih.gov/​grants/​guide/​notice-files/​NOT-MH-09-013.html*                     for more information and instructions for responding by the deadline of August 21, 2009. All responses must be submitted electronically via the Web-based form found at                     *http://www.acclaroresearch.com/​oarc/​rfi/​.*

*Contact Person:*                     Attention: RFI on Updating the Strategic Plan for ASD Research, Office of the Director, National Institute of Mental Health, NIH, 6001 Executive Boulevard, Room 8235, MSC 9669, Bethesda, MD 20892-9669,                     *iacc@mail.nih.gov.*

                    Information about the IACC is available on the Web site:                     *http://www.iacc.hhs.gov.*

Dated: July 29, 2009.

Anna Snouffer,

Deputy Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-18704 Filed 8-4-09; 8:45 am]

BILLING CODE 4140-01-P
§ 1.852-6 Records to be kept for purpose of determining whether a corporation claiming to be a regulated investment company is a personal holding company. ( a ) Every regulated investment company shall maintain in the internal revenue district in which it is required to file its income tax return permanent records showing the information relative to the actual owners of its stock contained in the written statements required by this section to be demanded from the shareholders. The actual owner of stock includes the person who is required to include in gross income in his return the dividends received on the stock. Such records shall be kept at all times available for inspection by any internal revenue officer or employee, and shall be retained so long as the contents thereof may become material in the administration of any internal revenue law.
( b ) For the purpose of determining whether a domestic corporation claiming to be a regulated investment company is a personal holding company as defined in section 542, the permanent records of the company shall show the maximum number of shares of the corporation (including the number and face value of securities convertible into stock of the corporation) to be considered as actually or constructively owned by each of the actual owners of any of its stock at any time during the last half of the corporation's taxable year, as provided in section 544.
( c ) Statements setting forth the information (required by paragraph (b) of this section) shall be demanded not later than 30 days after the close of the corporation's taxable year as follows: ( 1 ) In the case of a corporation having 2,000 or more record owners of its stock on any dividend record date, from each record holder of 5 percent or more of its stock; or
( 2 ) In the case of a corporation having less than 2,000 and more than 200 record owners of its stock, on any dividend record date, from each record holder of 1 percent or more of its stock; or
( 3 ) In the case of a corporation having 200 or less record owners of its stock, on any dividend record date, from each record holder of one-half of 1 percent or more of its stock.
When making demand for the written statements required of each shareholder by this paragraph, the company shall inform each of the shareholders of his duty to submit as a part of his income tax return the statements which are required by § 1.852-7 if he fails or refuses to comply with such demand. A list of the persons failing or refusing to comply in whole or in part with a company's demand shall be maintained as a part of its record required by this section. A company which fails to keep such records to show the actual ownership of its outstanding stock as are required by this section shall be taxable as an ordinary corporation and not as a regulated investment company.