alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment No. 4 to Agreement, effective as of January 1, 2007



 GRAFTECH INTERNATIONAL LTD. HAS CLAIMED CONFIDENTIAL 
 TREATMENT OF PORTIONS OF THIS AGREEMENT IN ACCORDANCE WITH 
 RULE 24B-2 UNDER THE SECURITIES
EXCHANGE ACT OF 1934 
 Exhibit 10.28.2 
 [Lake Charles Agreement - Amendment] 
 CERTAIN PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED BASED ON A 
 REQUEST FOR CONFIDENTIAL TREATMENT 
 OMITTED PORTIONS HAVE
BEEN SEPARATELY FILED WITH THE 
 SECURITIES AND EXCHANGE COMMISSION 
 AMENDMENT NO. 4 
 THIS AMENDMENT is made effective as of January 1, 2007 (“The Effective
Date”) by and among (1) CONOCOPHILLIPS COMPANY (“Seller”), successor by merger to Conoco Inc., of 600 North Dairy Ashford Road, Houston, Texas 77079; and (2) UCAR CARBON COMPANY INC. (“UCARINC”), AND
UCAR S.A. (together with UCARINC, “Buyer”) of Route de Renens 1, 1030 Bussigny-pres-Lausanne, Switzerland, (each a “Party” and together the “Parties”) and amends an Agreement (the “Agreement”) among the
Parties entered as of January 1, 2001, as amended by Amendment No. 1 dated January 1, 2004, Amendment No. 2 dated January 1, 2005 and Amendment No. 3 dated January 1, 2006, in the following particulars: 

1. Section 5.3.1B of the Agreement is amended to add the following: 
 For the year *, the prices to be used for invoicing and payment for Coke supplied under this Agreement will be fixed at the following: 
 Grade * - * per metric ton 
 Grade
* - * per metric ton 
 Grade * - * per metric ton 
 If, during any * consecutive *, the average of the daily quotes for West Texas Intermediate published by Platt’s (excluding days during such * period on which Platt’s does not publish such
quotes) is over * per barrel, then either party may notify the other party, in writing, that it wishes to renegotiate the prices for all grades of coke sold pursuant to this Agreement. If the parties fail to agree upon revised pricing within * of
the date of such a notice, then either party may terminate this Agreement upon not less than * advance written notice. 







 CERTAIN PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED BASED ON A 
 REQUEST FOR CONFIDENTIAL TREATMENT 
 2. Section 5.4 of the
Agreement (Additional Procedures) is deleted in its entirety. 
 3. Except as provided above, the Agreement and the Amendments remain in full force and
effect according to their terms. 
 Signed and executed by duly authorized representatives of Seller and Buyer, respectively. 
  

									
	CONOCOPHILLIPS COMPANY	 	 	 	UCAR CARBON COMPANY INC.
					
	 By:
	 	 /s/ Richard R. Adams
	 	 	 	 By:
	 	 /s/ Petrus J. Barnard

	 Printed Name:
	 	 Richard R. Adams
	 	 	 	 Printed Name:
	 	 Petrus J. Barnard

	 2-26-2007
	 	 	 	 	 	 3-2-2007
	 	 
			
	 	 	 	 	UCAR S.A.
					
	 	 	 	 	 	 	 By:
	 	 /s/ Giuseppe Autieri

	 	 	 	 	 	 	 Printed Name:
	 	 Giuseppe Autieri

	 	 	 	 	 	 	 3-5-2007
	 	 

  

 Page 2 of 2
NOTE : This order is nonprecedential. 

# United States Court of Appeals **for the Federal Circuit**

______________________ SUSAN F. MARILUNGO, Petitioner

v.

OFFICE OF PERSONNEL MANAGEMENT, Respondent

______________________
2023

- 1443

______________________ Petition for review of the Merit Systems Protection Board in No. PH

- 0831

- 17

- 0086

- I

- 1

.

______________________ O R D E R

The petitioner having failed to pay the docketing fee required by Federal Circuit Rule 52 (a) (1) and to file the required Statement Concerning Discrimination, it is Case: 23-1443 Document: 6 Page: 1 Filed: 03/30/2023M ARILUNGO V

. OPM 2

ORDERED that the petition for review be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules.

FOR THE COURT

March 30, 2023 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court

ISSUED AS A MANDATE: March 30, 2023 Case: 23-1443 Document: 6 Page: 2 Filed: 03/30/2023
No. 11-5659.

#### Riethmiller *v.*Fabisiak et al.

C. A. 11th Cir. Certiorari denied.
From: Ghanta, Venu

Sent: Wednesday, November 13, 2013 8:13 PM

To: Korotney, David; Machiele, Paul; Burkholder, Dallas; Hengst, Benjamin; Argyropoulos, Paul; Farber,

Glenn; Nagelhout, Peter; Hannon, John; Dubois, Roland

Subject: FW: EO 12866 Comments

- 2014 RFS Volume Standards [RIN2060

- AR76]

From: Whiteman, Chad [mailto:Chad_S_Whiteman@omb.eop.gov]

Sent: Wednesday, November 13, 2013 7:29 PM

To: Ghanta, Venu

Subject: EO 12866 Comments

- 2014 RFS Volume Standards [RIN2060

- AR76]



### Venu,

Attached are the EO 12866 comments on the 2014 RFS Volume Standards draft proposed

rule. Please let me know if you have any questions.

Thanks,

Chad

The economic impacts of the RFS2 program on regulated parties, including the impacts of the

v olumes of renewable fuel specified in the statute, were originally addressed in the RFS2 final

rule promulgated on March 26, 2010 (75 FR 14670). Comment [A1]: Suggest changing to originally

or some other word besides ‘already’. Already

implies that the analy sis was done and that none is

forthcoming in the final rule.
No. 11-5966.

#### Jones *v.*United States.

C. A. 9th Cir. Certio-rari denied.
QuickLinks
 -- Click here to rapidly navigate through this document

Exhibit 10.15(b)  


 
 

FORM OF
  AMENDMENT NO. 2
  TO
  AMENDED AND RESTATED CUSTOMER AGREEMENT    
    


        WHEREAS, MORGAN STANLEY SPECTRUM GLOBAL BALANCED L.P., a Delaware limited partnership (the "Customer"), and MORGAN STANLEY & CO. INCORPORATED, formerly
Morgan Stanley DW Inc., a Delaware corporation, (the "Commodity Broker") have agreed to amend the Amended and Restated Customer Agreement, dated as of the 16th day of October 2000, as
amended and supplemented from time to time, (the "Customer Agreement"), by and between the Customer and the Commodity Broker, to reflect the merger of Morgan Stanley DW Inc. into Morgan
Stanley & Co. Incorporated, and to amend the rate of interest income credited to the Customer's account by the Commodity Broker. Terms used and not otherwise defined herein have the meanings
ascribed to such terms in the Customer Agreement. 


        WHEREAS,
all provisions contained in the Customer Agreement remain in full force and effect and are modified only to the extent necessary to provide for the amendments set forth below. 


        NOW,
THEREFORE, the parties hereto hereby amend the Customer Agreement as follows: 



	1.
	Morgan
Stanley DW Inc. has been merged into Morgan Stanley & Co. Incorporated and any references to "DEAN WITTER REYNOLDS, INC.", the predecessor to Morgan Stanley
DW Inc., shall mean "MORGAN STANLEY & CO. INCORPORATED".



	2.
	The
third sentence of Section 7 Investment of Customer Funds is deleted in its entirety and replaced with the following:



	

	"Morgan
Stanley & Co. Incorporated will credit the Customer with interest income on 100% of the Customer's Net Assets on deposit with Morgan
Stanley & Co. Incorporated at each month-end at the rate equal to the monthly average of the 4-Week U.S. Treasury bill discount rate during such month."



	3.
	This
Amendment No. 2 shall be governed and construed under the laws of the State of New York. 




        IN
WITNESS WHEREOF, this Amendment No. 2 to the Customer Agreement has been executed for and on behalf of the undersigned as of the [             ] day
of [             ] 2007. 



	 	 	MORGAN STANLEY SPECTRUM GLOBAL BALANCED L.P.
	

 	
 	

By:	

Demeter Management Corporation,

General Partner
	

 	
 	

By:	

 Name:

Title:
	

 	
 	

MORGAN STANLEY & CO. INCORPORATED
	

 	
 	

By:	

 Name:

Title:













QuickLinks


FORM OF AMENDMENT NO. 2 TO AMENDED AND RESTATED CUSTOMER AGREEMENT
No. 11-218.

#### Tibbals, Warden *v.*Carter.

C. A. 6th Cir. [Certiorari granted, 565 U. S. 1259.] Motion of respondent for appointment of counsel granted. Scott Michelman, Esq., of Washington, D. C., is appointed to serve as counsel for respondent in this case.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5160 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5160

                For the relief of Oscar Salas-Velazquez.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 3, 1994

 Mr. Ramstad introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
                For the relief of Oscar Salas-Velazquez.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. WAIVER OF GROUNDS FOR DISAPPROVAL OF REQUESTS FOR 
              CLASSIFICATION AND ADJUSTMENT OF STATUS.

    (a) In General.--Notwithstanding section 204(c) of the Immigration 
and Nationality Act, the Attorney General may not disapprove a petition 
for classification of Oscar Salas-Velazquez under section 
201(b)(2)(A)(i) of such Act, or an application for adjustment of the 
status of Oscar Salas-Velazquez under section 245 of such Act, on any 
ground relating to a determination that the marriage of Oscar Salas-
Velazquez and Jennifer Christine Brady was entered into for the purpose 
of evading the immigration laws.
    (b) Waiver of Inadmissibility.--Notwithstanding section 
212(a)(6)(C) of the Immigration and Nationality Act, Oscar Salas-
Velazquez may not be considered to be within a class of excludable 
aliens on any ground relating to a determination that the marriage of 
Oscar Salas-Velazquez and Jennifer Christine Brady was entered into for 
the purpose of evading the immigration laws.
                                 <all>
```
#### § 73.3562 Staff consideration of applications not requiring action by the Commission.

Those applications which do not require action by the Commission but which, pursuant to the delegations of authority set forth in subpart B of part 0 of this chapter, may be acted upon by the Chief, Media Bureau, are forwarded to the Media Bureau for necessary action. If the application is granted, the formal authorization is issued. In any case where it is recommended that the application be set for hearing, where a novel question of policy is presented, or where the Chief, Media Bureau desires instructions from the Commission, the matter is placed on the Commission agenda.

[67 FR 13233, Mar. 21, 2002]
## F I FTH 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
Case No. 5D2024

- 1400 L.T. Case No. 20 09

- CF

- 41198

- A

_____________________________
A NTONIO R. M ARTIN , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

3.850 A ppeal from the Circuit Court for Brev ard County

. Aaron J. Peacock , Judge

.
Antonio R. Martin, Carrabelle , pro se.
Ashley Moody, Attorney General, Tallahassee, and Kristen L. Davenport , Assistant Attorney General, Daytona Beach, for Appellee.

July 2 3 , 2024

P ER C URIAM

.
A FFIRMED

. See Fla. R. App. P. 9.315(a).

M AKAR , K ILBANE , and P RATT , JJ., concur

.2 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________
Datalogic International, Inc.

                 CERTIFICATION OF PERIODIC REPORT
    Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
                      18 U.S.C. Section 1350

     I, Khanh Nguyen, Chief Financial Officer of Datalogic International, Inc.
(the "Company") certify, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

(a)  the quarterly report on Form 10-QSB of the Company for the quarter ended
     March 31, 2004, fully complies with the requirements of Section 13(a)
     or  15(d) of the Securities Exchange Act of 1934; and

(b)  the information contained in the Form 10-QSB fairly presents, in all
     material respects, the financial condition and results of operations of
     the Company.



                               /s/ Khanh Nguyen
Date: May 6, 2004              ____________________________________________
                               Chief Financial Officer
Original,

No. 4588.

#### Barnard’s Case.

Decided November 15, 1957.

Per curiam.

On May 8, 1957, the respondent Charles H. Barnard was indefinitely suspended from the practice of law pending final adjudication of the criminal charges against him. *Barnard’s Case, 101*N. H. 33. “The misappropriation or embezzlement of clients’ funds by an attorney demonstrates such lack of common honesty as to clearly justify an attorney’s disbarment. *Delano’s Case,*58 N. H. 5.” *Harrington’s Case,*100 N. H. 243, 244. Since it appears that the allegation of the petition is true and the respondent’s conduct unquestionably demonstrates his unfitness to be a member of the Bar, the respondent is forthwith disbarred as an attorney in this state.

*So ordered.*
- LeaveOT Request
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5111 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5111

    To amend the Internal Revenue Code of 1986 to provide a 1-year 
   extension of the deduction for the health insurance costs of self-
                         employed individuals.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 1994

   Mr. Barrett of Wisconsin introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
    To amend the Internal Revenue Code of 1986 to provide a 1-year 
   extension of the deduction for the health insurance costs of self-
                         employed individuals.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 1-YEAR EXTENSION OF DEDUCTION FOR HEALTH INSURANCE COSTS OF 
              SELF-EMPLOYED INDIVIDUALS.

    (a) In General.--Paragraph (6) of section 162(l) of the Internal 
Revenue Code of 1986 (relating to special rules for health insurance 
costs of self-employed individuals) is amended by striking ``December 
31, 1993'' and inserting ``December 31, 1994''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to taxable years beginning after December 31, 1993.
                                 <all>
```
<PAGE>

                                                                      EXHIBIT 23

                         Independent Auditors' Consent

The Board of Directors
PFF Bancorp, Inc.:

We consent to incorporation by reference in the registration statement (No. 33-
20337) on Form S-8 of PFF Bancorp, Inc. of our report dated April 23, 1999,
except as to note 25 to the consolidated financial statements, which is as of
April 28, 1999, relating to the consolidated balance sheets of PFF Bancorp, Inc.
and subsidiary as of March 31, 1999 and 1998, and the related consolidated
statements of earnings, comprehensive earnings, stockholders' equity and cash
flows for each of the years in the three-year period ended March 31, 1999, which
report appears in the March 31, 1999, annual report on Form 10-K of PFF Bancorp,
Inc.


                                   KPMG LLP


Orange County, California
June 28, 1999
V

103D CONGRESS

2D SESSION H. R. 4845

To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise

trade for the vessel BROKEN PROMISE.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 1994

Mr. YOUNG of Florida introduced the following bill; which was referred to the

Committee on Merchant Marine and Fisheries

A BILL

To authorize the Secretary of Transportation to issue a

certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel

BROKEN PROMISE.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That notwithstanding section 27 of the Merchant Marine

4 Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886

5 (46 App. U.S.C. 289), and section 12106 of title 46,

6 United States Code, the Secretary of Transportation may

7 issue a certificate of documentation with appropriate en8 dorsement for employment in the coastwise trade for the
2

•HR 4845 IH

1 vessel BROKEN PROMISE (United States official num2 ber 904435).

Æ
§ 54.501 Eligible recipients. ( a ) *Schools.* ( 1 ) Only schools meeting the statutory definition of “elementary school” or “secondary school” as defined in § 54.500 of this subpart, and not excluded under paragraphs (a)(2) or (3) of this section shall be eligible for discounts on telecommunications and other supported services under this subpart.
( 2 ) Schools operating as for-profit businesses shall not be eligible for discounts under this subpart.
( 3 ) Schools with endowments exceeding $50,000,000 shall not be eligible for discounts under this subpart.
( b ) *Libraries.* ( 1 ) Only libraries eligible for assistance from a State library administrative agency under the Library Services and Technology Act (20 U.S.C. 9122) and not excluded under paragraph (b)(2) or (3) of this section shall be eligible for discounts under this subpart.
( 2 ) Except as provided in paragraph (b)(4) of this section, a library's eligibility for universal service funding shall depend on its funding as an independent entity. Only libraries whose budgets are completely separate from any schools (including, but not limited to, elementary and secondary schools, colleges, and universities) shall be eligible for discounts as libraries under this subpart.
( 3 ) Libraries operating as for-profit businesses shall not be eligible for discounts under this subpart.
( 4 ) A Tribal college or university library that serves as a public library by having dedicated library staff, regular hours, and a collection available for public use in its community shall be eligible for discounts under this subpart.
( c ) *Consortia.* ( 1 ) For consortia, discounts under this subpart shall apply only to the portion of eligible telecommunications and other supported services used by eligible schools and libraries.
( 2 ) Service providers shall keep and retain records of rates charged to and discounts allowed for eligible schools and libraries—on their own or as part of a consortium. Such records shall be available for public inspection.
[62 FR 32948, June 17, 1997, as amended at 63 FR 2129, Jan. 13, 1998; 68 FR 36942, June 20, 2003; 75 FR 75411, Dec. 3, 2010; 76 FR 56302, Sept. 13, 2011; 79 FR 49198, Aug. 19, 2014; 79 FR 68634, Nov. 18, 2014; 87 FR 8210, Feb. 14, 2022; 88 FR 55409, Aug. 15, 2023]
Case 16-27436 Doc 6 Filed 08/26/16 Entered 08/26/16 12:16:02 Desc Main

 Document Page 1 of 2
Case 16-27436 Doc 6 Filed 08/26/16 Entered 08/26/16 12:16:02 Desc Main

 Document Page 2 of 2
§ 80.70 Special conditions relative to coast station VHF facilities. ( a ) Coast stations which transmit on the same radio channel above 150 MHz must minimize interference by reducing radiated power, by decreasing antenna height or by installing directional antennas. Coast stations at locations separated by less than 241 kilometers (150 miles) which transmit on the same radio channel above 150 MHz must also consider a time-sharing arrangement. The Commission may order station changes if agreement cannot be reached between the involved licensees.
( b ) Coast stations which transmit on a radio channel above 150 MHz and are located within interference range of any station within Canada or Mexico must minimize interference to the involved foreign station(s), and must notify the Commission of any station changes.
( c ) A VHF (156-162 MHz) public coast licensee initially authorized on any of the channels listed in the table in § 80.371(c)(1), or an AMTS licensee initially authorized on any of the channel blocks listed in the table in § 80.385(a)(2), may transfer or assign its channel(s), or channel block(s), to another entity. If the proposed transferee or assignee is the geographic area licensee for the geographic area to which the frequency block is allocated, such transfer or assignment will be deemed to be in the public interest. However, such presumption will be rebuttable.
[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 40063, July 27, 1998; 67 FR 48564, July 25, 2002]
#### J. MARCUS BOORMAN, Appellant, *v.*THE ATLANTIC AND PACIFIC RAILROAD COMPANY, Respondent. SAME *v.*SAME.

*Section,*870 *of the Code of Civil Procedure*— does *not authorize the examination of the directors of a defendant corporation.*

The directors of a defendant corporation are not parties to the action, and an order requiring them to appeal- for examination and to produce books and papers is not authorized by section 870 of the Code of Civil Procedure.

Appeal from order made by the chief justice of the Court of Common Pleas, sitting as county judge, vacating an order made by'him under section 870 of the Code of Civil Procedure, requiring certain of the directors of the defendant corporation to appear and testify, and to produce certain books and papers for inspection, so as to enable plaintiff to take copies thereof.

*J. M.*Boorman, for the appellant.

*John E. Burrill,*for the respondent.

*556
      *Per Curiam :*

The examination of the directors named in this proceeding was not authorized, unless within the purview of section 870 of the Code of Civil Procedure. As they are not parties the statue does not apply to them. *(The People*v. *The Mutual Gas-light Co.,*W’kly Dig. [September 24, 1878], p. 204.) The production of the books and papers was a part of the proceeding to examine, and in the nature of a subpoena *duces*tecum, and fails therefore, inasmuch as the order was made without authority. The learned judge properly vacated it.

Order affirmed, with ten dollars costs and disbursements of the appeal.

Present — Brady, P. J., and Potter, J.

Order affirmed, with ten dollars costs and disbursements.