alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exhibit10_18a.htm


    EXHIBIT
10.18A

     

    MB
FINANCIAL, INC.

     

    AMENDED AND RESTATED OMNIBUS
INCENTIVE PLAN

     

    AMENDMENT
TO

     

    RESTRICTED
STOCK AGREEMENTS

     

    AND

     

    INCENTIVE STOCK OPTION
AGREEMENTS

     

    THIS AMENDMENT AGREEMENT, is
made and entered into as of December 5, 2008, by and between MB Financial, Inc.,
a Maryland corporation (the “Company”), and the undersigned executive officer of
MB Financial, Inc. (“Executive”) under the MB Financial, Inc. Amended and
Restated Omnibus Incentive Plan (the “Plan”), amends each agreement (each an
“Option Agreement”) evidencing a stock option and each agreement evidencing a
restricted stock award (each a “Restricted Stock Agreement”) granted to the
Executive under the Plan and in effect on the date hereof:

     

    1. Effect of
Change in Control.  The provisions of each Stock Option
Agreement and each Restricted Stock Agreement relating to the effect of a Change
in Control are hereby amended in their entirety to provide that upon the
occurrence of a Change in Control (as defined in the Plan): (a) each outstanding
Option shall become immediately exercisable in full, and (b) any Restricted
Period and other restrictions applicable to Shares subject to such Restricted
Stock Agreement shall lapse and such Shares shall become vested in
full.

     

    2. Effect of
this Amendment Agreement.  Except as expressly provided for
herein, this Amendment Agreement shall effect no amendment, change or
modification whatsoever of or to an Stock Option Agreement, Restricted Stock
Agreement or to the Plan; except that for purposes of determining the exercise
period of Options following termination of employment, references to “vesting
date” in the Stock Option Agreement shall mean the date the Option would have
become exercisable, notwithstanding the acceleration of vesting upon a Change in
Control.  Unless defined herein, capitalized terms used in this
Amendment Agreement shall have the same meaning ascribed to them under the Stock
Option Agreement or Restricted Stock Agreement, as applicable.

     

    [SIGNATURE
PAGE FOLLOWS]

     

    IN WITNESS WHEREOF, the
parties have caused this Amendment Agreement to be executed as of the date and
year first above written.

     

    
      	 
      	
              MB
      FINANCIAL, INC.

               

               

               

              Its:

            
	
              Attested
by:

               

                

              Its:  ________________________________

            	 
      
	 
      	
              EXECUTIVE:
HomeOffice of the SpokespersonPress Releases...Guyana National Day

# 									Guyana National Day							

Press Statement

Antony J. Blinken, Secretary of State

May 26, 2021

On behalf of the Government of the United States, I congratulate the people of Guyana on your 55th anniversary of independence.

The partnership between the United States and Guyana is rooted in our shared principles.  We value our continued collaboration to strengthen Guyana’s democratic institutions and processes.  Guyana’s hosting of the annual Tradewinds joint exercises next month is a testament to our strong security partnership.  Our joint efforts to combat narcotics and illegal, unreported, and unregulated fishing will continue to contribute to regional stability and cooperation.  We value our shared commitment to addressing climate change, and hope that we can work together to increase investments in renewable energy.

As you celebrate this joyous occasion with family and friends, we join you in recognizing this Independence Day celebration.

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Bureau of Western Hemisphere AffairsGuyanaOffice of the SpokespersonThe Secretary of State

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<PAGE>   1



                                                                      EXHIBIT 11


                               UNITED FOODS, INC.

                    COMPUTATION OF EARNINGS PER COMMON SHARE

<TABLE>
<CAPTION>
                                                 FOR THE THREE MONTHS           FOR THE SIX MONTHS
                                                   ENDED AUGUST 31,               ENDED AUGUST 31,
                                              --------------------------     -------------------------
                                                 1997            1996           1997           1996
                                              ----------      ----------     ----------      ---------
<S>                                           <C>             <C>            <C>             <C>
SHARES:
Weighted average number of common shares
   outstanding                                 8,549,059      10,809,929      9,679,494      10,809,929

Effect of shares issuable under option
   plan and warrants as determined by the
   treasury stock method                            --           297,500           --           301,822
                                             -----------     -----------    -----------     -----------

Weighted average number of common shares
   outstanding as adjusted                     8,549,059      11,107,429      9,679,494      11,111,751
                                             ===========     ===========    ===========     ===========

PER COMMON SHARE COMPUTATIONS:

Net Income (Loss)                            $  (949,000)    $    26,000    $  (549,000)    $   124,000
                                             ===========     ===========    ===========     ===========

Net Income (Loss)                            $      (.11)    $       .00    $      (.06)    $       .01
                                             ===========     ===========    ===========     ===========
</TABLE>






                                       19
##### 



Exhibit 32(b) CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report of Interphase Corporation (the
Company) on Form 10-Q for the period ending September 30, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Steven P. Kovac, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of
2002, 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
Company. /s/ Steven P. KovacSteven P. KovacChief Financial OfficerNovember 12, 2004
- Home
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HomeAddressing the Overdose Crisis...Opioid Crisis Resources

# 									Opioid Crisis Resources							

Bureau of International Narcotics and Law Enforcement Affairs

        - DEA Statement:  https://www.dea.gov/pr/speeches-testimony/2018t/050818t.pdf
        - UNODC 2018 World Drug Report:  https://www.unodc.org/wdr2018/en/topics.html
        - Centers for Disease Control and Prevention:  https://www.cdc.gov/drugoverdose/opioids/index.html
        - DEA Fentanyl FAQs:  https://www.dea.gov/factsheets/fentanyl
        - National Drug Control Strategy:  https://2017-2021.state.gov/national-drug-control-strategy/

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----

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|   | A | = | Number of shares of Common Stock deemed to be outstanding immediately prior to new issue (includes all outstanding shares of Common Stock, all outstanding shares of preferred stock on an as-converted basis, and all outstanding options, warrants and other securities convertible into or exchangeable for shares of Common Stock on an as-exercised basis; and does not include any convertible securities converting into this round of financing) |
|--------|---|---|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | B | = | Aggregate consideration received by the Company with respect to the new issue divided by CP1 |
|--------|---|---|----------------------------------------------------------------------------------------------|

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|                                   |   |                                                      |
|----------------------------------------|--------|-----------------------------------------------------------|
| COMMUNICATION INTELLIGENCE CORPORATION |
|                                   |   |
| By:                                    |   | _/s/ Guido DiGregorio       |
| Name:                                  |   |     Guido DiGregorio                  |
| Title:                                 |   |     Chief Executive Officer           |
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

TONY MCDONOUGH,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 288 WAL 2020

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 16th day of February, 2021

, the Petition for Allowance of Appeal

is DENIED

.
41513.

#### COTTON STATES MUTUAL INSURANCE COMPANY v. DAVIS.

Fkankum, Judge.

The sole issue argued on the assignment of error before this court complaining of the overruling of the defendant’s motion for a new trial relates to whether the award of attorney’s fees was authorized. Irrespective of the evidence in the case, the record shows that the plaintiff in his petition prayed that the court adjudge attorney’s fees against the defendant “in the event verdict is rendered for penalty on the basis of bad faith by the defendant.” There was no prayer for general relief. The verdict of the jury was in the following form: “We, the jury find for the plaintiff the sum amount $484.83; attorney’s fees $400.00, no penalty,” dated and signed by the foreman. It thus appears that the plaintiff asked the court to award attorney’s fees only in the event that the jury found a penalty against the defendant. The jury expressly declined to assess a penalty against the defendant but awarded attorney’s fees which the plaintiff had not asked for under the circumstances. The plaintiff cannot recover more than he asked for in his petition. *Terrell v. McKinny,*26 Ga. 447; *Steadman v. Simmons,*39 Ga. 591 (4); *Macon & Western R. Co. v. Meador Bros.,*67 Ga. 672, 675; *Georgia R. & Banking Co. v. Crawley,*87 Ga. 191 (1) (13 *486SE 508); *Hunnicutt v. Perot,*100 Ga. 312 (1) (27 SE 787); *Thomason v. Moore,*139 Ga. 341 (4) (77 SE 155); *Bennett v. Bagwell & Stewart, Inc.,*216 Ga. 290, 297 (4) (116 SE2d 288); *Johnston v. Sheppard,*22 Ga. App. 206 (95 SE 743); *Poythress v. Hagan Grocery Co.,*31 Ga. App. 611 (1) (121 SE 864); *Shaheen v. Kiker,*105 Ga. App. 692, 696 (3b) (125 SE2d 541). Under the foregoing authorities the verdict was not void because it included attorney’s fees, but was merely irregular, and this irregularity may be corrected by writing off the amount awarded as attorney’s fees. Accordingly, the judgment will be affirmed on condition that the amount of $400 found as attorney’s fees be written off therefrom before the judgment is entered on the remittitur; otherwise, the judgment is reversed.

Argued September 14, 1965

Decided October 19, 1965.

*Merritt & Pruitt, Glyndon C. Pruitt,*for plaintiff in error.

*Owens & Porter, William J. Porter, Jr.,*contra.

*Judgment affirmed on condition.*

*Bell, P. J., and Hall, J., concur.*
Exhibit 32.1



CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER

UNDER

SECTION 906 OF THE SARBANES-OXLEY ACT



THE COAST DISTRIBUTION SYSTEM, INC.



Quarterly Report on Form 10-Q

for the Quarter ended March 31, 2005



The undersigned, who is the Chief Executive Officer of The Coast Distribution System, Inc. (the Company), hereby certifies that (i) the Quarterly Report on Form 10-Q for the quarter ended March 31, 2005, as filed by the Company
with the Securities and Exchange Commission (the Quarterly Report), to which this Certification is an Exhibit, fully complies with the applicable requirements of Section 13(a) and 15(d) of the Exchange Act; and (ii) the information
contained in this Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



Dated: May 13, 2005

/s/ THOMAS R. MCGUIREThomas R. McGuireChairman and Chief Executive OfficerA signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
HomeHuman Rights and Democracy

# Human Rights and Democracy

515 items

        -    Funding Opportunity Announcement  		DRL: Reducing Corruption in Angola	  February 16, 2021 
        -    Funding Opportunity Announcement  		DRL – Promoting Investigative Journalism and Anti-Corruption Efforts in Pacific Island Countries	  February 16, 2021 
        -    Press Statement  		Nicaragua’s Foreign Agents Law Drives Nicaragua Toward Dictatorship, Silencing Independent Voices	  Ned PriceFebruary 8, 2021 
        -    Interview  		Secretary Antony J. Blinken with Wolf Blitzer of CNN’s The Situation Room	  Antony J. BlinkenFebruary 8, 2021Washington, DC 
        -    Press Statement  		U.S. Decision To Reengage with the UN Human Rights Council	  Antony J. BlinkenFebruary 8, 2021 
        -    Press Statement  		Observance of the International Day of Zero Tolerance to Female Genital Mutilation/Cutting	  Ned PriceFebruary 6, 2021 
        -    Press Statement  		Return of Yezidi Victims’ Remains to Kocho, Sinjar	  Ned PriceFebruary 6, 2021 
        -    Press Statement  		Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World	  Antony J. BlinkenFebruary 4, 2021 
        -    Remarks  		Secretary Antony J. Blinken Introductory Remarks for President Biden	  Antony J. BlinkenFebruary 4, 2021Ben Franklin RoomWashington, D.C. 
        -    Fact Sheet  		About the Leahy Law	  January 20, 2021 

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HomeNATO Recent Actions...NATO – NATO SOFA – Notification of Deposit of Instrument; Finland, March 28, 2024

# 									NATO – NATO SOFA – Notification of Deposit of Instrument; Finland, March 28, 2024							

Depositary Actions - Treaty Affairs

Office of Treaty Affairs

Download Attachment						 [911 KB]

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FinlandNorth Atlantic Treaty Organization

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§ 426.486 Prohibited provisions of a Board decision. A Board decision must not do any of the following: ( a ) Order CMS or its contractors to add any language to a provision or provisions of an LCD.
( b ) Order CMS or its contractors to pay a specific claim.
( c ) Set a time limit to establish a new or revised LCD.
( d ) Review or evaluate an LCD other than the LCD named in the ALJ's decision.
( e ) Include a requirement for CMS or its contractors that specifies payment, coding, or system changes for an LCD or deadlines for implementing these changes.
( f ) Order CMS or its contractors to implement an LCD in a particular manner.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 6875

TREY ALEXANDER WILLIAMS , Petitioner

- Appellant ,

v. CHARLES WILLIAMS , Respondent

- Appellee

.

Appeal from the United States District Court for the District of South Carolina , at Greenville

. Donald C. Coggins, Jr. , District Judge. ( 6:19

- cv - 01065

- DCC )

Submitted : November 19, 2019 Decided: November 22, 2019

Before WILKINSON and RICHARDSON , Circuit Judges , and TRAXLER, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

. Trey Alexander Williams, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Trey Alexander Willi ams seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing without prejudice his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues
a certificate o f appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U. S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional ri ght. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Williams has not made the requisite showing. Accordingly, we deny Williams’ motions to appoint counsel and to compel discovery, deny a certificate of appealabil ity , and dismiss the appeal. 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. DISMISSED
HomeOffice of the SpokespersonPress Releases...One Year Anniversary of Lebanon’s Presidential Vacancy

# 											One Year Anniversary of Lebanon’s Presidential Vacancy									

Press Statement

Matthew Miller, Department Spokesperson

October 31, 2023

Exactly one year after the end of former President Aoun’s term, Lebanon remains without a president or an empowered government.  Lebanon’s divided parliamentarians have failed to elect a successor to President Aoun, putting their personal ambitions ahead of the interests of their country.  Even as rising tensions along Lebanon’s southern border threaten the country’s stability and the economic crisis deepens, the Lebanese people are deprived of leadership when they need it most. 

Lebanon’s political paralysis does not benefit the Lebanese people.  We call on the country’s parliamentarians to do their duty and elect a president who will put the country and all its people first, commit to forming a government free of corruption, and implement critical economic reforms – chief among them those needed to secure an IMF program, the country’s only viable path out of the current economic crisis.   

The Lebanese people deserve a president who can unite the nation and guide Lebanon safely through the current challenges. 

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Bureau of Democracy, Human Rights, and LaborBureau of Near Eastern AffairsElectionsHuman Rights and DemocracyLebanonOffice of the Spokesperson

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1

HLD-125 (April 2010) NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 09-4465

___________

PURNELL R. NELSON,

Appellant

v.

KENNETH A. RAPP,

Public Defender, Dauphin County

Public Defender's Office

____________________________________

On Appeal from the United States District Court

for the Middle District of Pennsylvania

(D.C. Civil No. 09-cv-02011)

District Judge: Honorable William W. Caldwell

____________________________________

Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)

or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

April 30, 2010

Before: SCIRICA, WEIS and GARTH, Circuit Judges

 (Opinion filed : May 24, 2010) 

____________

OPINION

___________

PER CURIAM.

Purnell R. Nelson appeals from the order of the United States District Court

for the Middle District of Pennsylvania dismissing his civil rights action. Nelson is an
2

inmate of the Dauphin County Prison. He filed his complaint pursuant to 42 U.S.C.

§ 1983 against Kenneth A. Rapp, the Public Defender of Dauphin County. The District

Court’s memorandum sets forth the allegations of the complaint, so we revisit them in

summary only. Nelson alleged that his constitutional rights were violated in relation to

proceedings in two criminal matters in the Dauphin County Court of Common Pleas. 

More specifically, according to Nelson, he was arraigned via videoconference, his request

for attorney representation was denied, and he was coerced into pleading guilty to the

charges. Nelson alleged that he suffered mental anguish, for which he has undergone

psychological treatment, as a result of the defendant’s malpractice and incompetence. 

Further, he asserted that the defendant acted outside the scope of his duties by failing to

appear in court, and that the defendant’s unethical behavior violated his constitutional

rights. As relief, Nelson sought $1 million in compensatory damages and the same

amount in punitive damages, and he also sought the injunctive relief of halting the

violation of his constitutional rights.

Nelson was granted in forma pauperis status in District Court. The District

Court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a

claim upon which relief may be granted. This appeal followed.

We have jurisdiction pursuant to 28 U.S.C. § 1291. Upon consideration of

the record, we will affirm. As noted by the District Court, a public defender does not act

“under color of state law” and is not liable under section 1983 when performing a
lawyer’s traditional functions as defense counsel. Polk County v. Dodson, 454 U.S. 312,

325 (1981). Despite Nelson’s assertion that the defendant was acting outside of the scope

of his professional duties, the conduct alleged here falls within defense counsel’s

traditional functions. Thus, Nelson’s allegations fail to state a claim under section 1983.

Accordingly, for essentially the same reasons as those set forth by the

District Court in its memorandum, we will affirm. Nelson’s motion for appointment of

counsel is denied.

3
Exhibit 35.1

AMERICAN HONDA FINANCE CORPORATION

ANNUAL COMPLIANCE CERTIFICATE

PURSUANT TO SECTION 3.11(a) OF THE

SALE AND SERVICING AGREEMENT AND

ITEM 1123 OF REGULATION AB

I, Paul C. Honda, do hereby certify that I am the Vice President and Assistant Secretary of American Honda Finance Corporation, a California corporation (the “Company”), and further certify on behalf of the Company in its capacity as servicer (the “Servicer” and “Sponsor”) under the Sale and Servicing Agreement (the “Agreement”) dated as of February 26, 2020 among the Servicer and Sponsor, American Honda Receivables LLC, as Seller, and Honda Auto Receivables 2020-1 Owner Trust, as follows:

(i) A review of the activities of the Servicer during the reporting period ended March 31, 2022, and of its performance under the Agreement has been made under my supervision.


(ii) To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Agreement throughout such period in all material respects.


IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of May, 2022.



| |                                                     
| | ----------------------------------------------------
| | /s/ Paul C. Honda                                   
| | Paul C. Honda                                       
| | Vice President and Assistant Secretary              
| | (senior officer in charge of the servicing function)





---