alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 4211.36 Modifications to the determination of initial liabilities, the amortization of initial liabilities, and the allocation fraction. ( a ) *General rule.* A plan using any of the allocation methods described in §§ 4211.32 through 4211.34 may, by plan amendment and without PBGC approval, adopt any of the modifications described in this section. In determining the numerators and the denominators in paragraph (d) of this section, the rules under § 4211.4 (and permissible simplified methods under §§ 4211.14 and 4211.15) apply.
( b ) *Restarting initial liabilities.* A plan may be amended to allocate the initial plan year unfunded vested benefits under § 4211.32(b), § 4211.33(b), or § 4211.34(b) without separately allocating to employers the liabilities attributable to their participation under their prior plans. An amendment under this paragraph must include an allocation fraction under paragraph (d) of this section for determining the employer's proportional share of the total unfunded benefits as of the close of the initial plan year.
( c ) *Amortizing initial liabilities.* A plan may by amendment modify the amortization of initial liabilities in either of the following ways: ( 1 ) If two or more plans that use the presumptive allocation method of section 4211(b) of ERISA merge, the merged plan may adjust the amortization of initial liabilities under § 4211.32(b) to amortize those unfunded vested benefits over the remaining length of the prior plans' amortization schedules.
( 2 ) A plan that has adopted the allocation method under § 4211.33 or § 4211.34 may adjust the amortization of initial liabilities under § 4211.33(b) or § 4211.34(b) to amortize those unfunded vested benefits in level annual installments over any period of at least five and not more than fifteen years.
( d ) *Changing the allocation fraction.* A plan may by amendment replace the allocation fraction under § 4211.32(b), § 4211.33(b), or § 4211.34(b) with any of the following contribution-based fractions— ( 1 ) A fraction, the numerator of which is the total amount required to be contributed under the merged and prior plans by the withdrawing employer in the 60-month period ending on the last day of the initial plan year, and the denominator of which is the sum for that period of the contributions made by all employers that had not withdrawn as of the end of the initial plan year;
( 2 ) A fraction, the numerator of which is the total amount required to be contributed by the withdrawing employer for the initial plan year and the four preceding full plan years of its prior plan, and the denominator of which is the sum of all contributions made over that period by employers that had not withdrawn as of the end of the initial plan year; or
( 3 ) A fraction, the numerator of which is the total amount required to be contributed to the plan by the withdrawing employer since the effective date of the merger, and the denominator of which is the sum of all contributions made over that period by employers that had not withdrawn as of the end of the initial plan year.
[61 FR 34097, July 1, 1996, as amended at 86 FR 1276, Jan. 8, 2021]
#### § 501.35 Commencement of proceeding.

Each administrative proceeding permitted under 8 U.S.C. 1188 and the regulations in this part shall be commenced upon receipt of a timely request for hearing filed in accordance with § 501.33.
§ 36.450 Athletics. ( a ) *General.* No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person, or otherwise be discriminated against in any interscholastic, intercollegiate, club, or intramural athletics offered by a recipient, and no recipient shall provide any such athletics separately on such basis.
( b ) *Separate teams.* Notwithstanding the requirements of paragraph (a) of this section, a recipient may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a recipient operates or sponsors a team in a particular sport for members of one sex but operates or sponsors no such team for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try out for the team offered unless the sport involved is a contact sport. For the purposes of these Title IX regulations, contact sports include boxing, wrestling, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact.
( c ) *Equal opportunity.* ( 1 ) A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics shall provide equal athletic opportunity for members of both sexes. In determining whether equal opportunities are available, the designated agency official will consider, among other factors: ( i ) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes;
( ii ) The provision of equipment and supplies;
( iii ) Scheduling of games and practice time;
( iv ) Travel and per diem allowance;
( v ) Opportunity to receive coaching and academic tutoring;
( vi ) Assignment and compensation of coaches and tutors;
( vii ) Provision of locker rooms, practice, and competitive facilities;
( viii ) Provision of medical and training facilities and services;
( ix ) Provision of housing and dining facilities and services;
( x ) Publicity.
( 2 ) For purposes of paragraph (c)(1) of this section, unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if a recipient operates or sponsors separate teams will not constitute noncompliance with this section, but the designated agency official may consider the failure to provide necessary funds for teams for one sex in assessing equality of opportunity for members of each sex.
( d ) *Adjustment period.* A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics at the elementary school level shall comply fully with this section as expeditiously as possible but in no event later than one year from September 29, 2000. A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics at the secondary or postsecondary school level shall comply fully with this section as expeditiously as possible but in no event later than three years from September 29, 2000.
```

[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Notices]
[Pages 56624-56625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22696]

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

CONSUMER PRODUCT SAFETY COMMISSION

Sunshine Act Meeting Notice

TIME AND DATE: Wednesday, September 19, 2012, 10 a.m.-12 p.m.

PLACE: Room 420, Bethesda Towers, 4330 East West Highway, Bethesda, 
Maryland.

STATUS: Commission Meeting--Open to the Public

[[Page 56625]]

Matters To Be Considered:

Briefing Matters:

1. Bassinets and Cradles--Notice of Proposed Rulemaking
2. Consideration of Opportunities to Reduce Third Party Testing Costs 
Consistent with Assuring the Compliance of Children's Products

    A live webcast of the Meeting can be viewed at www.cpsc.gov/webcast.
    For a recorded message containing the latest agenda information, 
call (301) 504-7948.

CONTACT PERSON FOR MORE INFORMATION: Todd A. Stevenson, Office of the 
Secretary, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814, (301) 504-7923.

    Dated: September 11, 2012.
Todd A. Stevenson,
Secretary.
[FR Doc. 2012-22696 Filed 9-11-12; 4:15 pm]
BILLING CODE 6355-01-P
```
Exhibit 4.3


                             [Loehmann's Letterhead]



                                                   May 2, 1997



Securities and Exchange Commission
450 Fifth Avenue, N.W.
Washington, D.C.  20549

                               Loehmann's Inc. Form 10-K
                               -------------------------

Ladies and Gentlemen:

               In accordance with Item 601(b)(4)(iii) of Regulation S-K,
Loehmann's, Inc. (the "Registrant") has not filed herewith any instrument with
respect to long-term debt not being registered where the total number of
securities authorized thereunder does not exceed ten percent (10%) of the total
assets of the Registrant and its subsidiaries on a consolidated basis. The
Registrant hereby agrees to furnish a copy of any such agreement to the
Securities and Exchange Commission upon request.

                                            Sincerely,

                                            LOEHMANN'S, INC.


                                            By:      /s/ Robert Glass
                                                -----------------------------
                                                Name: Robert Glass
                                                Title: Senior Vice President,
                                                       Chief Financial Officer,
                                                       Treasurer and
                                                       Assistant Secretary
#### § 4042.2 Definitions.

The following terms used in this part are defined in § 4001.2 of this chapter: *Affected party, ERISA, PBGC,* and *plan administrator.*
#### Sophia Schwab, as Executrix of Leo Schwab, Deceased, Respondent-Appellant, v Pamela C. Campbell, Individually *841and as Executrix of David C. Campbell, Deceased, and Doing Business as Campbell Farms, Appellant-Respondent.

[697 NYS2d 424]

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of defendant’s motion for summary judgment dismissing the Labor Law claims because plaintiffs decedent volunteered to assist defendant and defendant’s decedent in the construction of the barn, and there is no evidence of compensation in the record. The provisions of the Labor Law apply to an employee, defined as “a mechanic, workingman or laborer working for another for hire” (Labor Law § 2 [5]; *see, Whelen v Warwick Val. Civic & Social Club,*47 NY2d 970, 971). A person is employed if he or she is “permitted or suffered to work” (Labor Law § 2 [7]; *see, Whelen v Warwick Val. Civic & Social Club, supra,*at 971). The provisions of the Labor Law on which plaintiff relies are “inapplicable to persons such as friends and neighbors who voluntarily render casual assistance to a homeowner in performing a home repair or construction job” *(Howerter v Dugan,*232 AD2d 524, 525; *see also, Whelen v Warwick Val. Civic & Social Club, supra,*at 971). Plaintiffs reliance on *Thompson v Marotta*(256 AD2d 1124, 1125) is misplaced because there is no evidence that plaintiffs decedent was “fulfilling [an] obligation” when he performed the work. Nor did plaintiff raise an issue of fact by submitting the affidavit of a private investigator. The silence of defendant’s decedent during the private investigator’s interview of a third party cannot be considered an admission by silence because there is no evidence that defendant’s decedent was given an opportunity to speak *(see, People v Lord,*103 AD2d 1032, 1033).

The status of plaintiffs decedent as a volunteer does not absolve defendant of liability for common-law negligence. To avoid liability for negligence, defendant must establish as a matter of law that neither she nor her husband supervised or controlled the work *(see, Comes v New York State Elec. & Gas Corp.,*82 NY2d 876, 877) and that they had no actual or constructive notice of the defect *(see, Eddy v Tops Friendly Mkts.,*91 AD2d 1203, *affd*59 NY2d 692). Defendant established that neither she nor her husband supervised the work but failed to establish as a matter of law that they were unaware of a defect. Thus, defendant failed to establish her entitlement to summary judgment dismissing the negligence claim *(see, Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851, 853). We modify the order by granting defendant’s motion in part and dismissing the Labor Law claims. (Appeals from Order of Supreme Court, Wyoming County, Rath, Jr., J. — Summary *842Judgment.) Present — Denman, P. J., Pine, Wisner, Pigott, Jr., and Callahan, JJ.
###### Editorial Note on Part 4

#### Editorial Note:

Nomenclature changes to part 4 appear at 61 FR 19984, May 3, 1996.

#### § 4.106 [Reserved]
Exhibit 10.37


 





AMENDMENT NO. 1 TO ADVISORY AGREEMENT


 


This Amendment No.1 (the "Amendment")
dated November 17, 2014, to that certain Advisory Agreement (the "Agreement"), dated April 14, 2014, between The Grilled
Cheese Truck, Inc. (the “Company”) and PBNJ Advisors, Inc. (“PBNJ”).


 


By mutual agreement of the parties, the Company and PBNJ hereby
agree to amend the Agreement, effective on the date hereof, as follows:


 









	1.	   Section 2, Definitions, “Term”, is hereby amended and replaced with the following:



 


 The term of this Agreement shall commence on April
11, 2014 and shall continue through and including December 31, 2015, unless extended in accordance with provisions of this  Agreement.


 


		2.	Section 3, Compensation is amended in its entirety as follows:



 


“The aggregate compensation payable
during the term pursuant to this Agreement is payable in a combination of cash and stock of the Company on the following basis:


 


		A.	Common Stock & Warrants. In consideration of the services to be rendered by Advisor
pursuant to this Agreement, Advisor shall be entitled to receive as compensation 75,000 shares of the Company’s common stock
and 75,000 warrants with an exercise price of $2.00.



 


		B.	Fees. The compensation payable during the term pursuant to this Agreement payable in cash
will be on the following basis:



 


3.1 Compensation will
be at a rate of $5,600 per month during the Term of this Agreement.


 


		C.	Health insurance allowance: Advisor shall be entitled to continue receiving $400 per month
for health insurance.



 


IN WITNESS WHEREOF, the parties have executed
this Amendment to the Agreement as of the sate first set forth above.


 


THE COMPANY: 


 


The Grilled Cheese Truck, Inc.


 


By: /s/ Robbie Lee_______________________


Name: Robbie Lee


Title: CEO


 


ADVISOR: 


/s/ Ben Cohen_____________________


Ben Cohen
§ 4211.1 Purpose and scope. ( a ) *Purpose.* Section 4211 of ERISA provides four methods for allocating unfunded vested benefits to employers that withdraw from a multiemployer plan: the presumptive method (section 4211(b)); the modified presumptive method (section 4211(c)(2)); the rolling-5 method (section 4211(c)(3)); and the direct attribution method (section 4211(c)(4)). With the minor exceptions covered in § 4211.3, a plan determines the amount of unfunded vested benefits allocable to a withdrawing employer in accordance with the presumptive method, unless the plan is amended to adopt an alternative allocative method. Generally, the PBGC must approve the adoption of an alternative allocation method. On September 25, 1984, 49 FR 37686, the PBGC granted a class approval of all plan amendments adopting one of the statutory alternative allocation methods. Subpart C sets forth the criteria and procedures for PBGC approval of nonstatutory alternative allocation methods. Section 4211(c)(5) of ERISA also permits certain modifications to the statutory allocation methods that PBGC may prescribe in a regulation. Subpart B of this part contains the permissible modifications to the statutory methods that plan sponsors may adopt without PBGC approval. Plans may adopt other modifications subject to PBGC approval under subpart C. Finally, under section 4211(f) of ERISA, the PBGC is required to prescribe rules governing the application of the statutory allocation methods or modified methods by plans following merger of multiemployer plans. Subpart D sets forth alternative allocative methods to be used by merged plans. In addition, such plans may adopt any of the allocation methods or modifications described under subparts B and C in accordance with the rules under subparts B and C.
( b ) *Scope.* This part applies to all multiemployer plans covered by title IV of ERISA.
[61 FR 34097, July 1, 1996, as amended at 86 FR 1271, Jan. 8, 2021]
Return to Main Document


**EXHIBIT
31.1**
  **CERTIFICATIONS**
  I,
Lawrence Rosenblat, certify that:
  1.  I have
reviewed this annual report on Form 10-QSB of Express Systems, Inc. (“Express
Systems”);
  2.  Based on
my knowledge, this quarterly report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this quarterly report;
  3.  Based on
my knowledge, the financial statements, and other financial information included
in this quarterly report, fairly present in all material respects the financial
condition, results of operations and cash flows of Express Systems as of and
for, the periods presented in this quarterly report;
  4.  Express
Systems’ other certifying officers and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules
13a-14 and 15d-14) for Express Systems and have:
  a.  Designed
such disclosure controls and procedures to ensure that material information
relating to Express Systems, including its consolidated subsidiaries, is made
known to us by others within those entities, particularly during the period in
which this quarterly report is being prepared;
  b.  Evaluated
the effectiveness of Express Systems’ disclosure controls and procedures as of a
date within 90 days prior to the filing date of this quarterly report (the
“Evaluation Date”); and
  c.  Presented
in this quarterly report our conclusions about the effectiveness of the
disclosure controls and procedures based on our evaluation as of the Evaluation
Date;
  5.  Express
Systems’ other certifying officers and I have disclosed, based on our most
recent evaluation, to Express Systems’ auditors and the audit committee of
Express Systems’ board of directors (or persons performing the equivalent
functions):
  a.  All
significant deficiencies in the design or operation of internal controls which
could adversely affect Express Systems’ ability to record, process, summarize
and report financial data and have identified for Express Systems’ auditors any
material weaknesses in internal controls; and
  b.  Any
fraud, whether or not material, that involves management or other employees who
have a significant role in Express Systems’ internal controls; and
  
 
 6.  Express
Systems’ other certifying officers and I have indicated in this quarterly report
whether there were significant changes in internal controls or in other factors
that could significantly affect internal controls subsequent to the date of our
most recent evaluation, including any corrective actions with regard to
significant deficiencies and material weaknesses.
  Date:
February 14, 2005
 
 
 /s/
Lawrence Rosenblat
 Lawrence
Rosenblat
 President,
CEO, Principal Accounting Officer, Principal Financial Officer
and Director
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen

Kurtis T. Wilder,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

October 27 , 2017 

# Order

Clerk October 27 , 2017

154360 ( 65 )

MICHAEL MARTIN,

Plaintiff

- Appellee,

SC: 154360

v COA: 328240

Kalamazoo CC: 2013

- 000485

- NO

MILHAM MEADOWS I LIMITED

PARTNERSHIP and MEDALLION

MANAGEMENT, INC.,

Defendants

- Appellants.

_________________________________________/

On order of the C hief Justice , the motion of the Insurance Alliance of Michigan to

extend the time for filing a brief amicus curiae is GRANTED. The amicus brief will be

accepted for filing if submitted on or before November 14 , 2017

.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE KUHLMAN
1996 CONSOLIDATED BALANCE SHEET AND STATEMENT OF INCOME (LOSS) AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           2,209
<SECURITIES>                                         0
<RECEIVABLES>                                   72,423
<ALLOWANCES>                                     2,344
<INVENTORY>                                     52,530
<CURRENT-ASSETS>                               136,130
<PP&E>                                         167,693
<DEPRECIATION>                                  89,829
<TOTAL-ASSETS>                                 277,416
<CURRENT-LIABILITIES>                           81,538
<BONDS>                                         92,302
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,803
<OTHER-SE>                                      77,771
<TOTAL-LIABILITY-AND-EQUITY>                   277,416
<SALES>                                        456,465
<TOTAL-REVENUES>                               456,465
<CGS>                                          355,530
<TOTAL-COSTS>                                  355,530
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   685
<INTEREST-EXPENSE>                               7,378
<INCOME-PRETAX>                                 29,343
<INCOME-TAX>                                   12,007
<INCOME-CONTINUING>                             17,336
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    17,336
<EPS-PRIMARY>                                     1.26
<EPS-DILUTED>                                     1.21
        



</TABLE>