alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10_1.htm









Exhibit 10.1




 


[CERBERUS SATELLITE LLC LETTERHEAD]


 



	June 5, 2012
	 
	Matthew M. O’Connell
	President and Chief Executive Officer
	GeoEye, Inc.
	2325 Dulles Corner Blvd
	Herndon, VA 20171
	 
	Dear Matthew,





 


Cerberus Capital Management, L.P. and GeoEye, Inc. (the “Company”) hereby amend the standstill letter agreement (the “Letter Agreement”), dated as of February 9, 2012, by and between Cerberus Capital Management, L.P. and the Company as follows:


 


 (a) by adding a new section 2, which shall read as follows (and renumbering the remaining sections and relevant cross references):


 


2) Until the earlier of the expiration of the Standstill Period and the adjournment of the 2013 annual meeting of stockholders of the Company, the Cerberus Parties will cause all Series A Shares or common stock of the Company owned of record by the Cerberus Parties and will instruct the record owner, in the case of all Series A Shares or such common stock of the Company beneficially owned, directly or indirectly by the Cerberus Parties, to be present for quorum purposes and to be voted, at any annual or special meeting (or any adjournments or postponements thereof) of the Company in favor of any and all directors nominated by the Board of Directors of the Company for election at such meeting, provided that such nominees include all directors that holders of Series A Shares are entitled to nominate (and, in the case of any stockholder action by written consent that is not recommended by the Board, not for any other directors and not for any action that removes directors who were nominated by the Board).


 


(b) by deleting clause (f) of the definition of “Standstill Period.”


 




  





1











  






 


Terms used but not defined in this letter agreement have the meaning set forth in the Letter Agreement.  If you are in agreement with the foregoing, please indicate by signing and returning a copy of this letter, which will constitute our agreement with respect to the matters set forth herein.


 



	 	
Sincerely,

	 
	 	  	 
	 	
Cerberus Capital Management, L.P.

	 
	 	  	 
	 	
/s/Robert G. Warden

	 
	 	
Robert G. Warden

	 
	 	
Managing Director

	 











	
Accepted and Agreed


	  
	
GeoEye, Inc.


	  
	
/s/Matthew M. O’Connell


	
Matthew M. O’Connell


	
President and Chief Executive Officer







 


 

2
#### § 784.4 Significance of official interpretations.

The regulations in this part contain the official interpretations of the Department of Labor pertaining to the exemptions provided in sections 13(a)(5) and 13(b)(4) of the Fair Labor Standards Act of 1938, as amended. It is intended that the positions stated will serve as “a practical guide to employers and employees as to how the office representing the public interest in its enforcement will seek to apply it” (*Skidmore* v. *Swift,* 323 U.S. 134, 138). These interpretations indicate the construction of the law which the Secretary of Labor and the Administrator believe to be correct and which will guide them in the performance of their duties under the Act, unless and until they are otherwise directed by authoritative decisions of the courts or conclude upon re-examination of an interpretation that it is incorrect. The interpretations contained herein may be relied upon in accordance with section 10 of the Portal-to-Portal Act (29 U.S.C. 251-262), so long as they remain effective and are not modified, amended, rescinded, or determined by judicial authority to be incorrect.
§ 780.157 Other transportation incident to farming. ( a ) Transportation by a farmer or on a farm as an incident to or in conjunction with the farming operations of the farmer or of that farm is within the scope of agriculture even though things other than farm commodities raised by the farmer or on the farm are being transported. As previously indicated, transportation of commodities raised by other farmers or on other farms would not be within section 3(f). The definition of agriculture clearly covers the transportation by the farmer, as an incident to or in conjunction with his farming activities, of farm implements, supplies, and fieldworkers to and from the fields, regardless of whether such transportation involves travel on or off the farm and regardless of the method used. The Supreme Court of the United States so held in *Maneja* v. *Waialua,* 349 U.S. 254. Transportation of fieldworkers to or from the farm by persons other than the farmer does not come within section 3(f). However, under section 13(b)(16) of the Act, discussed in subpart J of this part 780, an overtime pay exemption is provided for transportation, whether or not performed by the farmer, of fruit or vegetable harvest workers to and from the farm, within the same State where the farm is located. In the case of transportation to the farm of materials or supplies, it seems clear that transportation to the farm by the farmer of materials and supplies for use in his farming operations, such as seed, animal or poultry feed, farm machinery or equipment, etc., would be incidental to the farmer's actual farming operations. Thus, truckdrivers employed by a farmer to haul feed to the farm for feeding pigs are engaged in “agriculture.”
( b ) With respect to the practice of transporting farm products from farms to a processing establishment by employees of a person who owns both the farms and the establishment, such practice may or may not be incident to or in conjunction with the employer's farming operations depending on all the pertinent facts. For example, the transportation is clearly incidental to milling operations, rather than to farming, where the employees engaged in it are hired by the mill, carried on its payroll, do no agricultural work on the farms, and report for and end their daily duties at the mill where the transportation vehicles are kept (*Calaf* v. *Gonzales,* 127 F. 2d 934). On the other hand, a different result is reached where the facts show that the transportation workers are farm employees whose work is closely integrated with harvesting and other direct farming operations (*NLRB* v. *Olaa Sugar Co.,* 242 F. 2d 714; and see *Vives* v. *Serralles,* 145 F. 2d 552). The method by which the transportation is accomplished is not material (*Maneja* v. *Waialua,* 349 U.S. 254).
Watch Out for

Witchweed
Watch Out for Witchweed

Witchweed infests the

roots of corn, sorghum,

sugarcane, rice, and more

than 60 species of grasses.

Although witchweed is

believed to be established

only in adjoining areas in

North and South Carolina,

it remains a threat to U.S.

crops.

Witchweed stands 6–12

inches tall. It has slender,
four sided stems and

narrow leaves emerging in

pairs opposite each other.

Bright-red flowers appear in

spikes from mid-July until

frost.

Watch out for witchweed,

especially in July, August,

and September. Don’t

overlook gardens, vacant

fields, lots, roadsides,

yards, and areas around

farm buildings.

If you think you’ve seen

witchweed, please do not

uproot suspected plants.

Ask your county agricultural

agent for an on-the-farm

identification. To report

witchweed, call 1–800–

206–WEED (from the

Carolinas only) or

(919) 513–4479 (from

elsewhere).
The U.S. Department of Agriculture is an

equal opportunity provider and employer.

Photo credits: The images were taken from APHIS’

photo library.

United States Department of Agriculture

Animal and Plant Health Inspection Service

Program Aid No. 1669

Issued October 1999 - Reissued April 2012 (online only)
USGS HomeContact USGSSearch USGS

U.S. Geological Survey Open-File Report 2010-1178

Geophysical Data from offshore of the Gulf Islands National Seashore, Cat Island to Western Horn Island, Mississippi

----

## References Cited

AccessibilityFOIAPrivacyPolicies and Notices

U.S. Department of the Interior |		U.S. Geological Survey
III 

110TH CONGRESS 

1ST SESSION S. RES. 12 

Notifying the President of the United States of the election of a Sergeant 

at Arms and Doorkeeper of the Senate. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. REID (for himself and Mr. MCCONNELL) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Notifying the President of the United States of the election 

of a Sergeant at Arms and Doorkeeper of the Senate. 

1 Resolved, That the President of the United States be 

2 notified of the election of the Honorable Terrance W. 

3 Gainer as Sergeant at Arms and Doorkeeper of the Sen4 ate. 

Æ 


ccoleman on PROD1PC71 with BILLS
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 365 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
S. RES. 365

  Encouraging all employers to target veterans for recruitment and to 
          provide preference in hiring to qualified veterans.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2007

     Mr. Smith (for himself and Mr. Akaka) submitted the following 
  resolution; which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                               RESOLUTION

 
  Encouraging all employers to target veterans for recruitment and to 
          provide preference in hiring to qualified veterans.

Whereas the people of the United States have sincere appreciation and respect 
        for the individuals who serve in the Armed Forces;
Whereas in order to recognize their sacrifices, including time out from their 
        civilian careers while serving in the Armed Forces, Congress enacted the 
        Veterans' Preference Act of 1944 to restore veterans to a more favorable 
        competitive position for Federal Government employment;
Whereas, although veterans acquire skills and qualities during their military 
        service that make them ideal candidates for employment, some veterans 
        need assistance in readjusting to civilian life, evidenced by the fact 
        that the unemployment rate of young veterans is more than twice the 
        national rate;
Whereas it is acknowledged that the dignity, pride, and satisfaction of a 
        civilian job are essential to the smooth and full reintegration into 
        civilian life of those who have answered our Nation's call to arms; and
Whereas all citizens and all employers benefit from the service of members of 
        the Armed Forces and thus bear some responsibility to assist in the 
        reintegration of former servicemembers into civilian life: Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) urges all employers, private sector as well as State, 
        county, and local government, to target veterans for 
        recruitment and to afford qualified veterans hiring preference 
        similar to the benefits provided by chapter 33 of title 5, 
        United States Code, to preference eligibles, as defined in 
        section 2108 of such title; and
            (2) encourages the President to issue a proclamation in 
        connection with Veterans Day, November 11, 2007, calling upon 
        all employers to make a special effort to target veterans for 
        recruitment and to provide preference in hiring for qualified 
        veterans.
                                 <all>
```
#### § 788.7 “Planting or tending trees.”

Employees employed in “planting or tending trees” include those engaged in weeding, preparing firebreaks, removing “seeding, planting seedlings, pruning, rot or rusts, spraying, and similar operations when the object is to bring about, protect, or foster the growth of trees.” “Tending trees” would also include watching the timberland to guard against thefts and fire (*Gatlin Lumber Co.* v. *Mitchell,* 287 F. 2d 76, cert. den. 366 U.S. 963).
exhibit41.htm


 


 



EXHIBIT 4.1

















 


ASTIKA HOLDINGS, INC.







A FLORIDA CORPORATION







TOTAL AUTHORIZED ISSUE


100,000 SHARES SERIES A CONVERTIBLE PREFERRED STOCK, $0.001 PAR VALUE












This certifies that _________________________________________________ is hereby issued ____________________________________________________ fully paid and non-assessable Shares of Series A Convertible Preferred Stock of Astika Holdings, Inc., transferable on the books of the Corporation by the holder hereof, in person or by duly authorized Attorney upon surrender of this Certificate properly endorsed.







In Witness Whereof, Astika Holdings, Inc. has caused this Certificate to be signed by its duly authorized officers and its Corporate Seal to be hereunto affixed as of the ___ day of _________________ 20___.


 




 









	  	  	  
	
Chief Executive Officer

	
[SEAL]

	
Secretary
AMENDMENT NO. 4 TO THE
                       LONGVIEW FIBRE COMPANY HOURLY EMPLOYEES
                               401(k) PLAN AND TRUST

     WHEREAS, Longview Fibre Company (the "Company") approved and adopted the 
Longview Fibre Company Hourly Employees 401(k) Plan (the "Plan") and Trust 
Agreement (the "Trust") which were originally effective June 3, 1985, most 
recently restated effective January 1, 1991, and subsequently amended;

     WHEREAS, Section 19.1 of the Plan provides that the Company reserves the 
right to amend the Plan and Trust;

     NOW THEREFORE RESOLVED, that Appendix A is amended effective February 1, 
1995 to include LifePath Funds as follows:

                            APPENDIX A - INVESTMENT FUNDS

The Investment Funds offered to Participants and Beneficiaries include this 
set of daily valued funds:

     *  Asset Allocation Fund
     *  S&P 500 Stock Fund
     *  Employer Stock Fund
     *  FDIC Insured Account
     *  LifePath 2000 Fund
     *  LifePath 2010 Fund
     *  LifePath 2020 Fund
     *  LifePath 2030 Fund
     *  LifePath 2040 Fund

If investment instructions are not received from any Participant, his or her 
investment instructions shall be assumed to be a 100% investment in the FDIC 
Insured Account.


Date:  January 31, 1995                LONGVIEW FIBRE COMPANY
                                       By:\s\ L. J. Holbrook
                                       Title: Sr. V.P.-Finance

The provisions of the above amendment which relate to the Trustee are hereby 
approved and executed.

Date:  February 9, 1995                WELLS FARGO BANK, NATIONAL ASSOCIATION
                                       By:\s\ Dolores Upton
                                       Title: Vice President

Date:  February 9, 1995                WELLS FARGO BANK, NATIONAL ASSOCIATION
                                       By:\s\ Gwyn E. Slack
                                       Title: Vice President
<PAGE>
§ 105.296 Additional requirements-barge fleeting facilities. ( a ) At MARSEC Level 1, in addition to the requirements of this part, an owner or operator of a barge fleeting facility must ensure the implementation of the following security measures: ( 1 ) Designate one or more restricted areas within the barge fleeting facility to handle those barges carrying, in bulk, cargoes regulated by 46 CFR chapter I, subchapters D or O, or Certain Dangerous Cargoes;
( 2 ) Maintain a current list of vessels and cargoes in the designated restricted area; and
( 3 ) Ensure that at least one towing vessel is available to service the fleeting facility for every 100 barges within the facility.
( 4 ) Control access to the barges once tied to the fleeting area by implementing TWIC as described in subpart E of part 101 of this subchapter, as applicable, and in accordance with the facility's assigned Risk Group, as described in § 105.253.
( b ) At MARSEC Level 2, in addition to the requirements of this part and MARSEC Level 1 requirements, an owner or operator of a barge fleeting facility must ensure security personnel are assigned to monitor or patrol the designated restricted area within the barge fleeting facility.
( c ) At MARSEC Level 3, in addition to the requirements of this part and MARSEC Level 2 requirements, an owner or operator of a barge fleeting facility must ensure that both land and waterside perimeters of the designated restricted area within the barge fleeting facility are continuously monitored or patrolled.
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, Oct. 22, 2003; USCG-2006-24196, 72 FR 3585, Jan. 25, 2007; USCG-2007-28915, 81 FR 57713, Aug. 23, 2016]
EXHIBIT
(23)





CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We
consent to the incorporation by reference in Registration Statement Nos.
33-62021, 333-112890, and 333-07129 on Forms S-8 of our report dated February
27, 2009, relating to the consolidated financial statements and financial
statement schedule of Lufkin Industries, Inc., and the effectiveness of Lufkin
Industries, Inc.’s internal control over financial reporting (which report
expresses an unqualified opinion and includes an explanatory paragraph relating
to the adoption of Statement of Financial Accounting Standards No. 158, Employers’ Accounting for Defined Benefit Pension and
Other Postretirement Plans as of December 31, 2006 and Financial Interpretation No. 48, Accounting for Uncertainty in Income Taxes-
an interpretation of SFAS No. 109 on January 1, 2007) appearing in this
Annual Report on Form 10-K of Lufkin Industries, Inc. for the year ended
December 31, 2008.


/s/
Deloitte & Touche LLP





Houston,
Texas


February
27, 2009
CONSENT OF INDEPENDENT PETROLEUM ENGINEER



As independent petroleum engineers, we hereby consent to the use of our name included herein or incorporated by reference in this Form 10-K by McMoRan Exploration Co. and to the reference to our estimates of reserves and present value of future net reserves as of December 31, 2003, into McMoRan Exploration Co.s previously filed Registration Statements on Forms S-3 (File Nos. 333-95195 and 333-108408), on Forms S-8 (File Nos. 333-67485, 333-57484, 333-87380, 333-90170 and 333-105533).



RYDER SCOTT COMPANY, L.P.

PETROLEUM ENGINEERS



Houston, Texas

March 11, 2004
#### § 870.54 Standards governing the granting of an application for exemption.

The Administrator may grant any application for the exemption of State-regulated garnishments whenever he finds that the laws of the State satisfy the policy expressed in § 870.51(a).
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

JOSHUA POTTLE,

Petitioner

v.

COURT OF COMMON PLEAS OF

WESTMORELAND COUNTY,

Respondent :

:

:

:

:

:

:

:

:

:

:

: No. 13 WM 2020

ORDER

PER CURIAM

AND NOW , this 4th day of May , 2020, the Application for Leave to File Original

Process is GRANTED, and the Petition for Writ of Mandamus is DENIED.
#### § 785.14 General.

Whether waiting time is time worked under the Act depends upon particular circumstances. The determination involves “scrutiny and construction of the agreements between particular parties, appraisal of their practical construction of the working agreement by conduct, consideration of the nature of the service, and its relation to the waiting time, and all of the circumstances. Facts may show that the employee was engaged to wait or they may show that he waited to be engaged.” (*Skidmore* v. *Swift,* 323 U.S. 134 (1944)) Such questions “must be determined in accordance with common sense and the general concept of work or employment.” (*Central Mo. Tel. Co.* v. *Conwell,* 170 F. 2d 641 (C.A. 8, 1948))
The Board of Directors 

Mercury General Corporation: 

 

We consentto the incorporation by reference in the registration statement (No. 333-62228) on Form S-3 of Mercury General Corporation and the registration statement (No. 333-01583) on Form S-8 of Mercury General Corporation of our report dated January 31,2003, with respect to the consolidated balance sheets of Mercury General Corporation and subsidiaries as of December 31, 2002 and 2001, and the related consolidated statements of income, comprehensive income, shareholders’ equity, and cashflows for each of the years in the three year period ended December 31, 2002, and all related financial statement schedules, which report appears in the December 31, 2002, annual report on Form 10-K of Mercury General Corporation. 

 

Los Angeles, California 

March 7, 2003
Exhibit 10.20
 VECTOR GROUP LTD.
100 S.E. Second Street, 32nd Floor
Miami, Florida 33131




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Very truly yours,
VECTOR GROUP LTD.By:
    /s/ Howard M. LorberHoward M. LorberPresident and Chief Executive Officer AGREED TO AND ACCEPTED:/s/ Marc N. BellMarc N. Bell




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##### 



EXHIBIT A
 
  
 o
    
    my check in the amount of $ .
 o
    
    Shares having a total value of $ , such value
being based on the closing price(s) of the Shares on the date hereof.
  Number of Certificates
     and DenominationsNameAddressSocial Security No.
  Very truly yours,
Marc N. Bell
NO. 07-04-0511-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

FEBRUARY 16, 2005

______________________________

IN THE MATTER OF THE MARRIAGE OF

FREDERICK IRWIN CHADWICK AND

TAMMY SUE CHADWICK AND

IN THE INTEREST OF C.L.C., A CHILD 

_________________________________

FROM THE 31ST DISTRICT COURT OF LIPSCOMB COUNTY;

NO. 03-10-3797; HONORABLE STEVEN EMMERT, JUDGE

_______________________________

Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.

MEMORANDUM OPINION

On February 11, 2005, the appellant filed a Motion to Dismiss Appeal. No decision

of this Court having been delivered to date, we grant the motion. Accordingly, the appeal

is dismissed. No motion for rehearing will be entertained and our mandate will issue

forthwith. Tex. R. App. P. 42.1. All costs incurred are adjudged against the party incurring

the same. 

James T. Campbell

 Justice
EX-4.27



 Exhibit 4.27 

Power of Attorney 
 The undersigned,
                    , a citizen of the People’s Republic of China (the “PRC”) with ID Card
No.                 and a holder of     % of the equity interests of aBitcool Small Micro Network Technology (BJ) Co., Ltd. (the “Target
Company”) (my “Equity Interests”), hereby irrevocably authorizes Abitcool (China) Broadband Inc. (the “WFOE”) to exercise the following rights in respect of my Equity Interests during the term of this Power of Attorney: 

The WFOE is hereby authorized to exercise on my behalf as my sole and exclusive agent the rights in respect of my Equity Interests, including without
limitation: 1) to attend shareholders’ meetings of the Target Company; 2) to exercise all my rights and voting rights as a shareholder of the Target Company according to laws and the articles of association of the Target Company, including
without limitation the rights to sell, transfer, pledge or dispose of all or any part of my Equity Interests; and 3) to designate and appoint, as my authorized representative, the legal representative (chairperson), director, supervisor, general
manager and any other senior management of the Target Company. 
 Any and all actions associated with my Equity Interests made by the WFOE will be deemed as
my action, and any and all documents relating to my Equity Interests executed by the WFOE shall be deemed to be executed and acknowledged by me. 
 The WFOE
may delegate this Power of Attorney by assigning its rights relating to the conduct of the aforesaid matters to any other person or entity at its own discretion without prior notice to or consent from me. 

Throughout the term hereof, this Power of Attorney shall be irrevocable and effective as of the date hereof. 

During the term of this Power of Attorney, I hereby waive all of the rights that have been authorized to the WFOE and will not exercise any such right by
myself. 
 Signature: 

July 1, 2014