alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
wstc-ex1033_1219.htm



 

Exhibit 10.33

AMENDMENT NUMBER ONE

TO THE

WEST CORPORATION AMENDED AND RESTATED

2013 LONG-TERM INCENTIVE PLAN

WHEREAS, West Corporation, a Delaware corporation (the “Company”), maintains the West Corporation Amended and Restated 2013 Long-Term Incentive Plan, as amended and restated effective as of May 13, 2014 (the “Plan”); 

WHEREAS, pursuant to Section 5.2 of the Plan, the Board of Directors of the Company has the authority to amend the Plan; and  

WHEREAS, the Board has authorized an amendment of the Plan to permit the Company to provide Plan participants the opportunity to withhold at a rate different from the minimum statutory rate in accordance with applicable law and accounting rules. 

NOW, THEREFORE, BE IT RESOLVED, that the Plan hereby is amended, effective as of January 26, 2017, as follows: 

 

The third sentence of Section 5.5 (Tax Withholding) is hereby amended and restated in its entirety to read as follows:

 

"Shares of Common Stock to be delivered or withheld may not have an aggregate Fair Market Value in excess of the amount determined by applying the minimum statutory withholding rate (or, if permitted by the Company, such other rate as will not cause adverse accounting consequences under the accounting rules then in effect, and as permitted under applicable withholding rules of the Internal Revenue Service (or the applicable taxing authority))."

 

***

 



 

IN WITNESS WHEREOF, the Company has caused this instrument to be executed by its duly authorized agent as of January 26, 2017. 

 


	
WEST CORPORATION

	
 
	
 
	
 

	
By:
	
 
	
/s/ Jan D. Madsen

	
Name:
	
 
	
Jan D. Madsen

	
Title:
	
 
	
Chief Financial Officer




 

2
#### § 102-79.111 Where may Executive agencies find additional information on Integrated Workplace concepts?

The GSA Office of Governmentwide Policy provides additional guidance in its publication entitled “Innovative Workplace Strategies.”
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          43,251
<INT-BEARING-DEPOSITS>                           4,391
<FED-FUNDS-SOLD>                                 6,296
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    627,978
<INVESTMENTS-CARRYING>                         196,213
<INVESTMENTS-MARKET>                           199,048
<LOANS>                                      1,268,620
<ALLOWANCE>                                      9,024
<TOTAL-ASSETS>                               2,268,595
<DEPOSITS>                                   1,576,895
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                             17,749
<LONG-TERM>                                    459,099
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        93,758
<OTHER-SE>                                     121,094
<TOTAL-LIABILITIES-AND-EQUITY>               2,268,595
<INTEREST-LOAN>                                 94,185
<INTEREST-INVEST>                                6,171
<INTEREST-OTHER>                                54,887
<INTEREST-TOTAL>                               155,243
<INTEREST-DEPOSIT>                              58,560
<INTEREST-EXPENSE>                              84,855
<INTEREST-INCOME-NET>                           70,388
<LOAN-LOSSES>                                    1,600
<SECURITIES-GAINS>                                 345
<EXPENSE-OTHER>                                 66,048
<INCOME-PRETAX>                                 24,315
<INCOME-PRE-EXTRAORDINARY>                      24,315
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    16,369
<EPS-PRIMARY>                                     1.06
<EPS-DILUTED>                                     1.02
<YIELD-ACTUAL>                                    7.41
<LOANS-NON>                                      8,938
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                   626
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 9,971
<CHARGE-OFFS>                                    2,799
<RECOVERIES>                                       252
<ALLOWANCE-CLOSE>                                9,024
<ALLOWANCE-DOMESTIC>                             9,024
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
S89A0343.

#### GERAGHTY v. GERAGHTY.

(385 SE2d 85)

Weltner, Justice.

We granted discretionary appeal to determine whether certain language in an alimony agreement was sufficient to accomplish a waiver of the right to seek modification. The language in question is: “The parties herein waive their Statutory right to a modification now and forever.”

1. The rule stated in *Varn v. Varn,*242 Ga. 309, 311 (1) (248 SE2d 667) (1978) is:

> [P]arties to an alimony agreement may obtain modification unless the agreement expressly waives the right of modification by referring specifically to that right; the right to modification will be waived by agreement of the parties only in very clear waiver language which refers to the right of modification.

2. We find that the provision in question meets the requirements of *Varn,*as it is “very clear waiver language which refers to the right *526of modification.” Our case of *Brenizer v. Brenizer,*257 Ga. 427 (360 SE2d 250) (1987), is not applicable. There, the agreement nowhere contained the word “waiver.” Nor did it refer to any *right*of modification.1 At most, it reiterated the general proposition that contracts may be altered only by mutual consent.

Decided November 2, 1989.

*John F. Geraghty,*pro se.

*Gary M. Alembik, Jr.,*for appellee.

*Judgment affirmed.*

*All the Justices concur.*

1

 The agreement provided: “10. MODIFICATION. The provisions of this agreement shall not be modified or changed except by mutual consent and agreement of the parties, expressed in writing.”
UNITED STATES COURT OF APPEALS

FOR THE FEDERAL CIRCUIT

717 MADISON PLACE, N.W.

WASHINGTON, D.C. 20439

PETER R. MARKSTEINER

CLERK OF COURT

CLERK’S OFFICE

202-275-8000

May 30, 2023

Federal Circuit Schedules October Session for Atlanta

The U.S. Court of Appeals for the Federal Circuit is pleased to announce that it is 

sitting in Atlanta, Georgia as part of its October 2023 session. The Federal Circuit 

will also hold its regular session in Washington, D.C. 

Panels of the court will hear arguments at the following Atlanta-area law schools and 

the federal courthouse:

Tuesday, October 3, 2023 • University of Georgia 

School of Law

• Mercer University

School of Law

Wednesday, October 4, 2023 • Emory University

School of Law

• Atlanta’s John Marshall Law School

Thursday, October 5, 2023 • Georgia State University

College of Law

• Richard B. Russell Federal Building

and United States Courthouse

The cases scheduled for the October 2023 session will be posted on the court’s website

once finalized. 

The Federal Circuit regularly hears arguments outside of Washington, D.C. as part of 

its nationwide jurisdiction and statutory requirement to provide “reasonable 

opportunities to citizens to appear before the court.” The Federal Circuit has held 

sessions in Chicago, Illinois; New York City, New York; Los Angeles, California; 

Boston, Massachusetts; Baltimore, Maryland; Minneapolis, Minnesota; Dallas-Fort 

Worth, Texas; Wilmington, Delaware, and Philadelphia, Pennsylvania. 

For additional information, please contact the Clerk’s Office at 202-275-8035.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

DAVID CARL IMHOFF,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 291 WAL 2016

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 4th day of January, 2017, the Petition for Allowance of Appeal is 

DENIED.
§ 101.82 Reimbursement and relocation expenses in the 2110-2150 MHz and 2160-2200 MHz bands. ( a ) Reimbursement and relocation expenses for the 2110-2130 MHz and 2160-2200 MHz bands are addressed in §§ 27.1160-27.1174.
( b ) *Cost-sharing obligations between AWS and MSS (space-to-Earth downlink).* Whenever an ET licensee (AWS or Mobile Satellite Service for space-to-Earth downlink in the 2130-2150 or 2180-2200 MHz bands) relocates an incumbent paired microwave link with one path in the 2130-2150 MHz band and the paired path in the 2180-2200 MHz band, the relocator is entitled to reimbursement of 50 percent of its relocation costs (see paragraph (e)) of this section from any other AWS licensee or MSS space-to-Earth downlink operator which would have been required to relocate the same fixed microwave link as set forth in paragraphs (c) and (d) of this section.
( c ) *Cost-sharing obligations for MSS (space-to-Earth downlinks).* For an MSS space-to-Earth downlink, the cost-sharing obligation is based on the interference criteria for relocation, *i.e.*, TIA TSB 86 or any standard successor, relative to the relocated microwave link. Subsequently entering MSS space-to-Earth downlink operators must reimburse AWS or MSS space-to-Earth relocators (see paragraph (e)) of this section before the later entrant may begin operations in these bands, unless the later entrant can demonstrate that it would not have interfered with the microwave link in question.
( d ) *Cost-sharing obligations among terrestrial stations.* For terrestrial stations (AWS), cost-sharing obligations are governed by §§ 27.1160 through 27.1174 of this chapter; provided, however, that MSS operators are not obligated to reimburse voluntarily relocating FMS incumbents in the 2180-2200 MHz band. (AWS reimbursement and cost-sharing obligations relative to voluntarily relocating FMS incumbents are governed by § 27.1166 of this chapter).
( e ) The total costs of which 50 percent is to be reimbursed will not exceed $250,000 per paired fixed microwave link relocated, with an additional $150,000 permitted if a new or modified tower is required.
[71 FR 29843, May 24, 2006, as amended at 78 FR 8272, Feb. 5, 2013]
2021 Commuter Benefit Program Election Form 

The Federal Judiciary Benefits Program

NAME: ___________________________ EMPLOYEE ID: ____________ DATE OF BIRTH: ________

ADDRESS: _________________________ CITY: __________________ STATE: _____ ZIPCODE: _______ 

EMAIL: __________________________________________ PHONE NUMBER:_______________ 

 Mass Transit Account election

Election to Participate - I hereby elect to participate in the Commuter Benefit Program – Mass Transit Account. 

I elect to contribute $________________ monthly.

Parking Reimbursement Account election

 Election to Participate - I hereby elect to participate in the Commuter Benefit Program – Parking Reimbursement Account. 

I elect to contribute $________________ for the following month.

• I agree that my compensation will be reduced by the amount I have elected under the Commuter Benefit Program, continuing for each pay period until this agreement

is amended or terminated. 

• I understand that any pre-tax elections I have made will reduce my compensation for Social Security tax purposes. This means that my Social Security benefits could

be decreased.

• My election amount(s) will be noted on my confirmation statement. 

Signature Date 

Effective Date of Coverage:

Please refer to the effective date schedules posted on the JBC site for determination of your effective date of coverage.

Election Limits:

Mass Transit Account - If you wish to enroll in the Mass Transit Account, please indicate the amount you wish to contribute per month. The 

maximum allowable monthly election is $270 and the minimum allowable monthly election is $1 for eligible expenses. 

Parking Reimbursement Account - If you wish to enroll in the Parking Reimbursement Account, please indicate the amount you wish to 

contribute per month. The maximum allowable monthly election is $270 and the minimum allowable monthly election is $1 for eligible 

expenses.

B. Election Enrollment/Change

A. Personal Information (Please Print)

C. Signature - Please read the following carefully before completing your election:
#### James Harold et al. v. Moline, Milburn & Stoddard Company.

Filed June 22, 1895.

No. 6375.

1. Review: Joint Assignments op Error. A joint assignment of error by several parties which cannot be sustained as to all who joined therein will be held bad as to all.

Error from the district court of Douglas county. Tried below before Hopewell, J.

*George W. Cooper, John W. Cooper,*and *Stevens, Love & Cochran,*for plaintiffs in error.

*Switzler & McIntosh*and *Elmer E. Thomas, contra.*

Norval, C. J.

The Moline, Milburn & Stoddard Company brought two actions in justice’s court against James Harold and J. C. Christensen, each suit being upon a promissory note executed by the defendants. Judgments were rendered against them, and thereupon they prosecuted appeals to the district court, where the suits were consolidated by stipulation of the parties. There was a trial in the court below to a jury, with a verdict in favor of the plaintiff in the sum of $260.23, upon which judgment was rendered on *619May 26, 1893. Afterwards, on the 5th day of July, 1893, judgment for said amount, on motion of the plaintiff, was likewise rendered by the court against Swan Peterson and Mada D. Peterson, sureties on the appeal undertakings. J. C. Christensen,,James Harold, and the Petersons prosecute error, they having filed in this court a joint petition in error. An examination of the several errors therein assigned discloses not one which affects all the plaintiffs in error jointly. The ease is. therefore controlled by *Gordon v. Little,*41 Neb., 250, and *Small v. Sandall,*45 Neb., 306, where it was held that a petition in error is indivisible, and when made jointly by several parties it will be overruled as to all if it cannot be sustained as to all.

Judgment affirmed.
[Federal Register Volume 65, Number 130 (Thursday, July 6, 2000)]
[Notices]
[Page 41743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16982]


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

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3266]


State of Louisiana (And Contiguous Counties in Texas and 
Arkansas)

    Caddo Parish and the contiguous Parishes of Bossier, De Soto, and 
Red River in the State of Louisiana; Cass, Harrison, Marion, and Panola 
Counties in the State of Texas; and Miller and Lafayette Counties in 
the State of Arkansas constitute a disaster area as a result of damages 
caused by severe storms and tornadoes that occurred on April 23, 2000. 
Applications for loans for physical damage as a result of this disaster 
may be filed until the close of business on August 25, 2000, and for 
economic injury until the close of business on March 26, 2001, at the 
address listed below or other locally announced locations: U.S. Small 
Business Administration, Disaster Area 3 Office, 4400 Amon Carter 
Blvd., Suite 102, Ft. Worth, TX 76155.
    The interest rates are:

For Physical Damage

    Homeowners with credit available elsewhere--7.375%
    Homeowners without credit available elsewhere--3.687%
    Businesses with credit available elsewhere--8.000%
    Businesses and non-profit organizations without credit available 
elsewhere--4.000%
    Others (including non-profit organizations) with credit available 
elsewhere--6.750%

For Economic Injury

    Businesses and small agricultural cooperatives without credit 
available elsewhere--4.000%
    The numbers assigned to this disaster for physical damage are 
326612 for Louisiana, 326712 for Texas, and 326812 for Arkansas. For 
economic injury the numbers are 9H5600 for Louisiana, 9H5700 for Texas, 
and 9H5800 for Arkansas.

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 
59008)
    Dated: June 26, 2000.
Aida Alvarez,
Administrator.
[FR Doc. 00-16982 Filed 7-5-00; 8:45 am]
BILLING CODE 8025-01-U
No. 11-5351.

#### Martinez-Reyes *v.*United States.

C. A. 9th Cir. Certiorari denied.
Burden Estimate: Generic Information Collection for Feedback

Name of collection Type of Collection # of 

Respondents

Frequency per 

Response

Time per Response Total Time

Surveys to Elicit 

Feedback on Service 

Deliver

Low-burden 

survey

10,000 Annual 15 minutes per 

response

2,500
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. RP00-349-000]

Take notice that on June 16, 2000, Dominion Transmission, Inc., tendered for filing pursuant to Section 4 of the Natural Gas Act, a notice of termination of gathering services currently being provided on specified uncertificated lines in Barbour and Ritchie Counties, West Virginia. Dominion states that the uncertificated lines are being abandoned by sale to Hope Gas, Inc. and Commonwealth Energy Company.

Any person desiring to be heard or to protest this filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, in accordance with Sections 385.214 and 385.211 of the commission's Rules and regulations. Pursuant to Section 154.210 of the commission's Regulations, all such motions or protests must be filed no later than June 30, 2000. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection in the Public reference Room.

David P. Boergers,

Secretary.

[FR Doc. 00-16572  Filed 6-29-00; 8:45 am]

BILLING CODE 6717-01-M
Attachment 002

– Structure - TS1201UC



# SANITIZED Page 1 of 1
# Comments on: 18-1519: BEBERMAN v. US [OPINION], Nonprecedential
FORM 6A. Supplemental in Forma Pauperis Form for Prisoners Form 6A (p. 1) 

December 2023

UNITED STATES COURT OF APPEALS

FOR THE FEDERAL CIRCUIT

SUPPLEMENTAL IN FORMA PAUPERIS FORM FOR PRISONERS 

AUTHORIZATION FORM

Case Number:

Short Case Caption:

I request and authorize the agency holding me in custody, to send to the 

Clerk of the United States Court of Appeals for the Federal Circuit a certified copy

of the statement for the past six months of my trust fund account (or institutional

equivalent) at the institution where I am incarcerated.

I further request and authorize the agency holding me in custody to calculate

and disburse funds from my trust fund account (or institutional equivalent) in the

amounts specified by 28 U.S.C. § 1915(b). This authorization is furnished in 

connection with an appeal, and I understand that the total appellate filing fee for 

which I am obligated is $600 or $605. 

I also understand that these fees will be debited from my account regardless 

of the outcome of my appeal. This authorization applies to any other agency into

whose custody I may be transferred.

Date: _________________ Signature:

Name: 

DISCLOSURE OF PRIOR FEDERAL ACTIONS

1. Have you ever before brought an action or appeal in a federal court while you

were incarcerated or detained? ☐ Yes ☐ No

If yes, how many times?

2. Were any of the actions or appeals dismissed because they were frivolous,

malicious, or failed to state a claim upon which relief may be granted?

☐ Yes ☐ No

If yes, how many of them?
FORM 6A. Supplemental in Forma Pauperis Form for Prisoners Form 6A (p. 2) 

December 2023

3. Are you in imminent danger of serious physical injury? ☐ Yes ☐ No

If yes, please explain below. Attach additional pages if needed.

DECLARATION UNDER PENALTY OF PERJURY

I certify the above information and any attached sheets are accurate and complete 

to the best of my knowledge.

Date: _________________ Signature:

Name:
AFS

- 1 5

- 3305

- E August 28, 2015

Exemption No. 6853 G

Regulatory Docket No. FAA

- 20 00

- 8153

Mr. Mark Loyd

Managing Director , Regulatory and Engineering Support

American Airlines

P.O. Box 58280 9

Tulsa, O K 74159

Dear Mr. Loyd :

This letter is to inform you that we have granted your petition to extend Exemption No. 6853

, as amended. It explains the basis for our decision, describes its effect, and lists the conditions

and limitations.

The Basis for Our Decision

By letter dated June 29, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of American Airlines, Inc. (American) for an extension of Exemption No. 6853 , as

amended. That exemption from § 121.317(a) of Title 14, Cod e of Federal Regulations allows

American to operate its Boeing 737 and 777 aircraft with “No Smoking” signs that are always

illuminated

.

In your petition, you indicate that there has been no change in the conditions and reasons

relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested extension of the exemption would not set a

preced ent, and any delay in acting on this petition would be detrimental to American

.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 6853, as

amended, remains valid with respect to this exemption and is in the publi c interest.

Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the

FAA Administrator has delegated to me, American Airlines is granted an extension to

Exemption No. 6853 for § 121.317(a) that allows American to operate its Boeing 737 and 777

aircraft with “No Smoking” signs that are always illuminated

.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 6853 , as amended, to

August 31, 201 7 unless sooner superseded or rescinded.

Sin cerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service