alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Notices]
[Page 6046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2270]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3299-EM
Docket ID FEMA-2008-0018]


New York; Amendment No. 2 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for 
the State of New York (FEMA-3299-EM), dated December 18, 2008, and 
related determinations.

DATES: Effective Date: December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this emergency is closed effective December 31, 2008.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households in 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050, Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.

Nancy Ward,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. E9-2270 Filed 2-3-09; 8:45 am]
BILLING CODE 9110-23-P
# Official Journal C 186A/29 J

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 186A |
| | |
| English edition | Information and Notices | Volume 4829 July 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 186A

English edition

Information and Notices

Volume 4829 July 2005

---

| Notice No | Contents | page |
| --- | --- | --- |
| | III   Notices |
| | European Medicines Agency |
| 2005/C 186A/1 | Recruitment for the European Medicines Agency (London) | 1 |

Notice No

Contents

page

III   Notices

European Medicines Agency

2005/C 186A/1

Recruitment for the European Medicines Agency (London)

1

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| EN | |
| --- | --- |

EN
ex4_13.htm




Exhibit 4.13










 


AMENDMENT TO THE


ASHLAND INC. UNION EMPLOYEE SAVINGS PLAN










 


WHEREAS, Ashland Inc. (the "Corporation") maintains the Ashland Inc. Union Employee Savings Plan (the "Plan") for the benefit of employees eligible to participate therein; and


 







WHEREAS, pursuant to Article XX of the Plan, the Corporation, as sponsor of the Plan, has retained the authority to amend the Plan at any time in whole or in part; and


 







            WHEREAS, the Supreme Court of the United States invalidated section 3 of the Defense of Marriage Act for federal tax law purposes; consequently, the Internal Revenue Service issued Revenue Ruling 2013-17 and Notice 2014-19 detailing  the rules for identifying same-sex spouses in a qualified retirement plan (collectively, the "Guidance"); and


 


WHEREAS, the Corporation desires to amend the Plan to conform to the Guidance; and


 


NOW, THEREFORE, BE IT RESOLVED, that the Plan is amended retroactively to


be effective as of June 26, 2013 as follows:


 








	
  

	
I.

	
The following definition of Spouse shall be added to Section 2.1 of the Plan:












Spouse. The spouse of a Participant determined by Federal law applicable to Code


 


§401(a) as announced in Revenue Ruling 2013-17 and Notice 2014-19; provided that to the extent required by an court order which is determined to be a qualified domestic relations order pursuant to the terms of this Plan, a former Spouse of the Participant shall be treated as the Spouse of the Participant.


 








	
  

	
II.

	
The term "spouse" wherever found in the Plan shall be amended to be a capitalized word and carry with it the definition of Spouse as provided herein.







 








	
  

	
III.

	
In all other respects, the Plan shall remain unchanged.












 









  





  


  





  











 


IN WITNESS WHEREOF, the Corporation has caused this amendment to the Plan to be executed this 26 day of Sept., 2014.














 




	 ATTEST:	 	 	
ASHLAND INC.


 


 

	 
	
/s/  Peter J. Ganz

	 	 	
By:  /s/  Robin Swanson

	 
	
              Secretary

	 	 	

Title:  Director, Global HR Opns. & Benefits



	 
	
 

	 	 	
 

	 







 


 


 


 


 


 







-2-
--

--, '-' v t+ 0 1'1"" tJ : .. , fl p 

0\...-\..J:..,. \)iLLII 61:.- 0 f.' /.1-'T 1'/ LCk.. I S ;;.J f'-1 Ll.. s 11 PP6 f{ T 

/TAT c ;tU;KA .4 1/{ ·~ (l- .J ~ I T ) -- ~ ('-

l)f1-·~ P11-a.. T (.\ F-

- o Rotl-. S 7.+/t..JI,JG Oc.. f o 1:\r.~~ ')._ o I> t,J £" lft1v€" 

( lfl_) 

-

) ,:{' rJ \tJ.t) w fh ft1rJ y 's ~ 'rJ"" 'JD s<(vC: t>'-,A., 

C.o n r- 1 I ·"'"~ c 1 

/ff!t .--' i Yo-~ . 

. v~j;~ 

'P.O. 'Box 171 • 'T'atideli m r < • .nlaSIUI 9q6?? • (qo-) - - I 325-2311 • 'F?lX f -), \90! ,:,25-2298
§ 21.3105 Travel expenses. ( a ) *General.* VA shall determine and pay the necessary expense of travel to and from the place of counseling for an eligible person who is required to receive counseling as provided under 38 U.S.C. 111 (a), (d), (e), and (g). (Authority: 38 U.S.C. 111 (a), (d), (e), and (g))
( b ) *Restriction.* VA will not pay the necessary cost of travel to and from the place of counseling when counseling is not required, but is provided as a result of a voluntary request by the eligible person.
(Authority: 38 U.S.C. 111)
Exhibit 10.1


 





BRIGHTCOVE INC.


 


AMENDMENT NO. 1 TO THE


2012 STOCK INCENTIVE PLAN


 


The Brightcove Inc. 2012 Stock Incentive Plan
(the “Plan”) is hereby amended as follows:


 


The third sentence of Section 3(a) of the Plan
is hereby amended by deleting it and replacing it with the following:


 


“The shares of Stock underlying
any Awards under the Plan and under the Company’s Amended and Restated 2004 Stock Option and Incentive Plan that are forfeited,
canceled, held back upon exercise of an Option or settlement of an Award to cover the exercise price or tax withholding, reacquired
by the Company prior to vesting, satisfied without the issuance of Stock or otherwise terminated (other than by exercise) shall
be added back to the shares of Stock available for issuance under the Plan.”  


 


	ADOPTED BY THE BOARD OF DIRECTORS:	April 27, 2015
##### 



EXHIBIT 32
 CERTIFICATION PURSUANT TO 18 U.S.C. §1350 AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and2.
    
    The information contained in the Report fairly presents, in all material
respects the financial condition and results of operations of the Company.
 Date: May 12, 2006
    /s/ Paul A. KrugerPaul A Kruger, Chief Executive OfficerDate: May 12, 2006
    /s/ Brian CarterBrian Carter, Chief Financial Officer -38-
#### §§ 15.161-15.169 [Reserved]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS FINANCIAL INFORMATION EXTRACTED FROM THE CONSOLIDATED
STATEMENTS OF INCOME, BALANCE SHEETS AND CASH FLOWS OF FHP INTERNATIONAL
CORPORATION AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH DECEMBER 31,
1995 QUARTERLY REPORT ON FORM 10-Q.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-END>                               DEC-31-1995
<CASH>                                         351,283
<SECURITIES>                                   144,993
<RECEIVABLES>                                  173,855
<ALLOWANCES>                                    24,356
<INVENTORY>                                     12,767
<CURRENT-ASSETS>                               805,066
<PP&E>                                         387,478
<DEPRECIATION>                                 154,230
<TOTAL-ASSETS>                               2,350,190
<CURRENT-LIABILITIES>                          808,469
<BONDS>                                        290,299
<COMMON>                                       406,760
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    526,006
<OTHER-SE>                                     225,560
<TOTAL-LIABILITY-AND-EQUITY>                 2,350,190
<SALES>                                      2,020,379
<TOTAL-REVENUES>                             2,020,379
<CGS>                                        1,963,629
<TOTAL-COSTS>                                1,963,629
<OTHER-EXPENSES>                                 9,659
<LOSS-PROVISION>                                 1,782
<INTEREST-EXPENSE>                              12,387
<INCOME-PRETAX>                                 53,003
<INCOME-TAX>                                    25,155
<INCOME-CONTINUING>                             27,848
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    27,848
<EPS-PRIMARY>                                     0.36
<EPS-DILUTED>                                     0.48
        

</TABLE>
<PAGE>

                                                                   EXHIBIT 10.26

                               February 1, 1999

To:  Marc Ferrie
Re:  Accelerated Vesting upon Acquisition

     In consideration of your services to Evolve Software, Inc. (the "Company"),
if there is any sale of all, or substantially all, of the assets of the Company,
or any merger or consolidation as a result of which the holders of the Company's
capital stock immediately prior to such transaction own less than 50% of the
capital stock of the combined company following such transaction (each, an
"Acquisition"), then any stock or options to purchase stock of the Company
("Subject Securities") held by, or authorized for issuance to, you prior to any
Acquisition shall have the following vesting terms, and the vesting or
repurchase option provisions of each stock option or restricted stock purchase
agreement between you and the Company is hereby and/or shall be amended to
effect the following vesting terms:

          (a) If you voluntarily terminate your employment or consulting prior
     to the one-year anniversary of the Acquisition, there will be vesting only
     to such termination date without any acceleration or continued vesting of
     Subject Securities beyond the date of your voluntary termination; or

          (b) If your position is eliminated and/or you are not offered a
     position with comparable remuneration, responsibility, authority or
     location in the new or acquiring entity, there will be an acceleration of
     vesting of all Subject Securities; or

          (c) If your employment or consulting relationship is involuntarily
     terminated during the first year of such service in the new or acquiring
     entity, there will be an acceleration of vesting of Subject Securities
     until the second anniversary of the Acquisition; or

          (d) Upon your completion of one year of employment, consulting or
     other service in the new or acquiring entity, there will be an acceleration
     of vesting of Subject Securities to the second anniversary of the
     Acquisition.

     This agreement has been duly authorized by the Board of Directors of the
Company. Except for any accelerated vesting of Subject Securities, as set forth
above, this agreement does not create either an express and/or implied contract
of employment or compensation with the Company for any specified term. No waiver
or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by you and
the Company. This Agreement shall be construed and enforced according to the
laws of the State of California. Please indicate your acceptance and agreement
to the terms set forth above by signing and dating this agreement below.

                                        Sincerely,

                                        /s/ John Bantleman
                                        John Bantleman
                                        President and CE.O.

Accepted and agreed to:

By: /s/ Marc Ferrie                     Date: ___________________
[Cite as Disciplinary Counsel v. Mahin, ___ Ohio St.3d ___, 2016-Ohio-7717.] 

DISCIPLINARY COUNSEL v. MAHIN. 

[Cite as Disciplinary Counsel v. Mahin, ___ Ohio St.3d ___, 2016-Ohio-7717.] 

(No. 2015-1641—Submitted November 8, 2016—Decided November 14, 2016.) 

ON APPLICATION FOR REINSTATEMENT. 

____________________ 

{¶ 1} This cause came on for further consideration upon the filing of an 

application for reinstatement by respondent, John Edward Mahin, Attorney 

Registration No. 0011253, last known business address in Cincinnati, Ohio. 

{¶ 2} The court coming now to consider its order of June 14, 2016, 

wherein the court, pursuant to Gov.Bar R. V(12)(A)(3), suspended respondent 

from the practice of law for a period of two years with one year stayed on 

conditions and with credit for the time served under the interim felony suspension 

imposed on January 9, 2015, finds that respondent has substantially complied 

with that order and with the provisions of Gov.Bar R. V(24). 

{¶ 3} Therefore, it is ordered by this court that respondent is reinstated to 

the practice of law in the state of Ohio. It is further ordered that in accordance 

with Gov.Bar R. V(21) and consistent with the opinion rendered herein on June 

14, 2016, respondent shall serve two years of monitored probation. 

{¶ 4} It is further ordered that on or before 30 days from the date of this 

order relator shall file with the clerk of this court the name of the attorney who 

will serve as respondent’s monitor, in accordance with Gov.Bar R. V(21)(A)(3). 

It is further ordered that at the end of respondent’s probationary period, relator 

shall file with the clerk of this court a report indicating whether respondent, 

during the probationary period, complied with the terms of the probation. 

{¶ 5} It is further ordered that at the end of the probationary period 

respondent may apply for termination of probation as provided in Gov.Bar R. 
SUPREME COURT OF OHIO

2

V(21). It is further ordered that respondent’s probation shall not be terminated 

until (1) respondent files an application for termination of probation in 

compliance with Gov.Bar R. V(21)(D), (2) respondent complies with this and all 

other orders issued by this court, (3) respondent complies with the Rules for the 

Government of the Bar of Ohio, (4) relator files with the clerk of this court a 

report indicating that respondent has complied with the terms of the probation, 

and (5) this court orders that the probation be terminated. 

{¶ 6} It is further ordered that the clerk of this court issue certified copies 

of this order as provided for in Gov.Bar R. V(17)(D)(1) and that publication be 

made as provided for in Gov.Bar R. V(17)(D)(2). 

{¶ 7} For earlier case, see Disciplinary Counsel v. Mahin, 146 Ohio St.3d 

312, 2016-Ohio-3336, 55 N.E.3d 1108. 

O’CONNOR, C.J., and PFEIFER, O’DONNELL, LANZINGER, KENNEDY,

FRENCH, and O’NEILL, JJ., concur. 

________________________
<TABLE> <S> <C>
 
<ARTICLE> 5
<LEGEND> 
This schedule contains summary financial information extracted from the 
Statement of Financial Condition at January 31, 1998 (Unaudited) and the 
Statement of Income for the Quarter Ended January 31, 1998 (Unaudited). It 
is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                                       <C>         
<PERIOD-TYPE>                           3-MOS
<FISCAL-YEAR-END>                       Oct-31-1999
<PERIOD-END>                            Jan-31-1998
<CASH>                                      117121
<SECURITIES>                                     0
<RECEIVABLES>                                32129
<ALLOWANCES>                                     0
<INVENTORY>                                 307998
<CURRENT-ASSETS>                            512263
<PP&E>                                      158010
<DEPRECIATION>                              127734
<TOTAL-ASSETS>                              600412
<CURRENT-LIABILITIES>                       589121
<BONDS>                                          0
<COMMON>                                    281001
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<OTHER-SE>                                       0
<TOTAL-LIABILITY-AND-EQUITY>                600412
<SALES>                                      96100
<TOTAL-REVENUES>                             96100
<CGS>                                        66992
<TOTAL-COSTS>                               141752
<OTHER-EXPENSES>                              9546
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                               0
<INCOME-PRETAX>                            (122190)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                              0
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                               (122190)
<EPS-PRIMARY>                                (0.02)
<EPS-DILUTED>                                (0.02)

</TABLE>
Editorial Note on Part 3
Editorial Note: Nomenclature changes to part 3 appear at 61 FR 7216, Feb. 27, 1996; 62 FR 35970, July 3, 1997; 62 FR 47532, Sept. 9, 1997; and 67 FR 46868, July 17, 2002.

§ 3.701 Elections of pension or compensation. ( a ) *General.* Except as otherwise provided, a person entitled to receive pension or compensation under more than one law or section of a law administered by the Department of Veterans Affairs may elect to receive whichever benefit, regardless of whether it is the greater or lesser benefit, even though the election reduces the benefits payable to his or her dependents. Such person may at any time elect or reelect the other benefit. An election by a veteran controls the rights of all dependents in that case. An election by a surviving spouse controls the claims of all children including children over 18 and children not in the custody of the surviving spouse. The election of improved pension by a surviving spouse, however, shall not prejudice the rights of any child receiving an apportionment on December 31, 1978. Termination of a marriage or marital relationship which had been the reason for terminating an award of section 306 or old-law pension does not restore to the surviving spouse the right to receive section 306 or old-law pension. The claimant's entitlement, if otherwise established, is under the current provisions of 38 U.S.C. 1541. (Authority: 38 U.S.C. 501)
( b ) *Form of election.* An election must be in writing and must specify the benefit the person wishes to receive.
( c ) *Change from one law to another.* Except as otherwise provided, where payments of pension or compensation are being made to a person under one law, the right to receive benefits under another law being in suspension, and a higher rate of pension or compensation becomes payable under the other law, benefits at the higher rate will not be paid for any date prior to the date of receipt of an election.
[26 FR 1602, Feb. 24, 1961, as amended at 36 FR 12618, July 2, 1971; 44 FR 45943, Aug. 6, 1979; 79 FR 57697, Sept. 25, 2014]
* 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.

United States Court of Appeals

Fifth Circuit

FILED

August 16, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-30353

Conference Calendar

 

TERENCE SIAS,

Plaintiff-Appellant,

versus

STATE OF LOUISIANA; PERKINS, Captain; 

C. PAUL PHELPS CORRECTIONAL CENTER, 

Anger Management Counsel & Correctional Staff,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 2:03-CV-355

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

Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM:*

Terence Sias, Louisiana prisoner # 127791, appeals from the

district court’s dismissal as frivolous and for failure to state

a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii) of his

pro se, in forma pauperis (IFP) complaint. Sias’s complaint

alleged that he was denied the constitutional right of access to

the courts in violation of 42 U.S.C. § 1983.
No. 04-30353

-2-

Sias does not provide a clear assertion that indicates the

manner in which the defendants allegedly denied his right of

access to the courts. He also does not present a coherent

argument showing that he has been prejudiced in his ability to

prepare and transmit a necessary legal document to a court. He

therefore has failed to establish that he has suffered a

constitutional deprivation. See Lewis v. Casey, 518 U.S. 343,

351-54 (1996); Ruiz v. United States, 160 F.3d 273, 275 (5th Cir.

1998). Sias’s allegations are vague and conclusory and are

therefore insufficient to establish a 42 U.S.C. § 1983 claim. 

See Arnaud v. Odom, 870 F.2d 304, 307 (5th Cir. 1989).

Sias also seeks an injunction and raises claims relating to

disciplinary reports, retaliation, and the deprivation of good

time credits. This court will not consider these claims because

they were not presented to the district court. See Leverette v.

Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999). To the

extent that Sias seeks injunctive relief regarding his claim of

denial of access to the courts, he fails to establish that such

relief is warranted. See FED. R. APP. P. 8.

Sias’s appeal is without arguable merit and is dismissed as

frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.

1983); 5TH CIR. R. 42.2. The district court’s dismissal of Sias’s

complaint as frivolous and for failure to state a claim counts as

a strike under 28 U.S.C. § 1915(g), as does the dismissal of this

appeal. See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir.
No. 04-30353

-3-

1996). This court cautions Sias that if he accumulates three

strikes, he will not be able to proceed IFP in any civil action

or appeal filed while he is incarcerated or detained in any

facility unless he is under imminent danger of serious physical

injury. See 28 U.S.C. § 1915(g).

APPEAL DISMISSED AS FRIVOLOUS; ALL OUTSTANDING MOTIONS

DENIED; SANCTION WARNING ISSUED.