alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.4



  
 Exhibit 10.4

  
 AMENDMENT NUMBER 1 (this
“Amendment”) to THE CHANGE IN CONTROL AGREEMENT, dated August 1, 2000 (the “Agreement”), by and between Cornerstone Realty Income Trust, Inc. (the “Company”) and S. J. Olander, Jr. (the
“Executive”). 
  
 RECITALS 
  
 WHEREAS, Section 409A of the Internal Revenue Code has recently become
effective and guidance received under that Section permits plans to be amended to comply and/or terminated this year; and 
  
 WHEREAS, pursuant to Section 9.5 of the Agreement, the Agreement may be amended by the Company and the Executive, and the Company and the Executive desire
to so amend the Agreement. 
  
 NOW, THEREFORE, the Agreement is
hereby amended as follows: 
  
 1. Section 2.6 is deleted in its
entirety and is revised to read: “‘Effective Date’ means the first date during the term of the Agreement (as defined in Article III) on which a change in the ownership, effective control or ownership of a substantial portion of
the assets of the Company, as defined for purposes of Section 409A of the Internal Revenue Code, that is also a Change in Control (or that is related to a previous Change in Control), as defined in Section 2.4 hereof, occurs.” 
  
 2. Article IV is amended as follows: 
  
 (a) The title is deleted in its entirety and is revised to
read: “OBLIGATIONS OF THE COMPANY UPON A CHANGE IN CONTROL.” 
  
 (b) The preamble of Section 4.1 is deleted in its entirety and is revised to read: “Obligations on the occurrence of the Effective Date. On the occurrence of the Effective Date, the Company’s
obligations to the executive shall be as follows:” 
  
 (c) Each reference in Section 4.1 to “Termination Date” is revised to refer to “Effective Date.” 
  









 3. All references to “Employment Period” in the Agreement are revised to refer to
“Benefits Period.” 
  
 4. Sections 2.14, 4.1(h) and 4.2
are deleted in their entirety. 
  
 5. It is the Company’s and
the Executive’s intention that the Agreement, as amended by this Amendment, comply with Section 409A of the Internal Revenue Code. If either party believes, at any time, that the Agreement as amended does not comply, it will promptly advise the
other and will negotiate reasonably and in good faith to amend the terms of this Agreement such that they comply and that amendment will have the most limited possible economic effect on the Company and the Executive. 
  
 6. Capitalized terms used but not defined herein shall have their respective
meanings as used in the Agreement. 
  
 IN WITNESS WHEREOF, the
Company and the Executive have executed this Amendment as of the date indicated below. 
  

					
	 CORNERSTONE REALTY INCOME TRUST, INC.
	 	 
			
	/s/ Glade M. Knight	 	 	 	Date: February 8, 2005
	 By: /s/ Glade M. Knight
	 	 	 	 
	 Title: Chairman and Chief Executive Officer
	 	 	 	 
			
	 /s/ S. J. Olander, Jr.
	 	 	 	Date: February 8, 2005
	 S. J. Olander, Jr.
#### § 1503.405 Injunctions.

Whenever it is determined that a person has engaged, or is about to engage, in any act or practice constituting a violation of a TSA requirement, the Chief Counsel or the Deputy Chief Counsel for Enforcement may request the Attorney General of the United States, or the delegate of the Attorney General, to bring an action in the appropriate United States district court for such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages, as provided by 49 U.S.C. 114 and 46107.
# OetANIATOUR S Complet e TIrave l Servic e 216 0 S

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. 

### 2059 0 Subject ; Haned a Combinatio n Service s Allocatio n Proceedin g DOT-OST-2010-001 8 Dea rSecretar yLaHood : As a dedicate d trave l partne ro fAmerica n Airlines , I a m writin g i n suppor to fAmerican' s applicatio n t o provid e ne wservic e fro m Ne wYork' s Joh n F

. Kenned yInternationa l Airpor t an d Lo s Angele s Internationa l Airpor tt o Toky o Internationa l Airpor ta tHaneda

. I recogniz e an d applau d yo u an d th e Obam a administratio n fo ryou rsucces s las t Decembe ri n reachin g a landmar k Ope n Skie s ;agreemen twit h Japan , whic h open s u p Haned a t o servic e b yU.S

. airlines

. 1 encourag e you rselectio n o fAmerica n Ai i line s t o provid e nonsto p servic e fro m Ne w Yor k an d Lo s Angele s t o Haned a i n orde rt o provid e a n essentia l connectio n betwee n thre e o fth e world' s financia l an d commerc e centers
. Recen t events , includin g th e successfu l preservatio n o fJapa n Airlines ' oneworl d Allianc e membership , hav e underscore d American' s stron g commitmen tt o th e trans-Pacifi c market

. America n i s likewis e co.nmitte d t o Ne wYor k an d Lo s Angiei , - bot h vita l foca l point s o fbusines:, , t , 3de , entertainment , technolog yan d educatio n - providin g unsurpasse d ai rservic e sinc e th e mid-1900 s Bot h th e Ne wYor k

an d Lo s Angele s metr e area s wil l gai n significan teconomi cbenefit s fro m thes e propose d ne wflights , as wil l American' s customer s an d employees

. However , w e nee d you rhel p t o mak e th e JFK/Haned a connectio n a reality

. Therefore , I strongt yliirg e yo u t o sa yye s t o America n Airline s an d it s reques tfo rslot s t o fl yfro m Kenned yt o f^a'ned a I ' ' ' ' ' " Sincerely ,
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
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# District: 9
Federal Reserve Bank of: Minneapolis

## Filings received during the week ending June 25, 2011

|Filer                         | Filing Type    | Filing Proposal                                                                                                                                                                                                                                                                  | End of Comment Period                                  
|----------------------------- | -------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------
|KIRKWOOD BANCORPORATION CO.   | CIC            | Change in Control Notice by Robert Lynn Nelson, Cudjoe Key, Florida, to gain control of Kirkwood Bancorporation Co., Bismarck, North Dakota and thereby indirectly gain control of Kirkwood Bank and Trust Company, Bismarck, North Dakota.                                      | Newspaper:Not availableFederal Register:Not available  
|Newspaper:                    | Not available 
|Federal Register:             | Not available 
|USB EUROPEAN HOLDINGS COMPANY | Investment     | U.S. Bank, N.A., Cincinnati, Ohio, through USB European Holdings Company, Minneapolis, Minnesota, an agreement corporation, to indirectly invest an additional $210,000,000 in a foreign organization: Elavon Financial Services Limited, Loughlinstown, County Dublin, Ireland. | Newspaper:Not applicableFederal Register:Not applicable
|Newspaper:                    | Not applicable
|Federal Register:             | Not applicable

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

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  under delegated authority
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Home Banking information and regulation  Accessibility Contact 
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Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
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# District: 2
Federal Reserve Bank of: New York

## Filings received during the week ending November 19, 2011

|Filer | Filing Type | Filing Proposal | End of Comment Period
|----- | ----------- | --------------- | ---------------------
|NONE 

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
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---

Home Banking information and regulation  Accessibility Contact 
  us
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
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# District: 3
Federal Reserve Bank of: Philadelphia

## Filings received during the week ending September 13, 2008

|Filer | Filing Type | Filing Proposal | End of Comment Period
|----- | ----------- | --------------- | ---------------------
|NONE 

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

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  under delegated authority
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**Exhibit 31.1**CERTIFICATION         I, Michael J. Blumenfeld, Chairman and Chief Executive Officer of Collegiate Pacific Inc.certify that:1. I have reviewed this annual report on Form 10-KSB (the “Report”) of Collegiate Pacific Inc.for the annual period ended June 30, 2005; 2. Based on my knowledge, this Report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this Report; 3. Based on my knowledge, the financial statements, and other financial information included inthis Report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisReport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:   (a) designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this Report is beingprepared;   (b) evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this Report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this Report based on such evaluation;   (c) disclosed in this Report any change in the registrant’s internal control over financialreporting that occurred during the period covered by this Report that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and 5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):   (a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information; and   (b) any fraud, whether or not material, that involves management or other employees who havea significant role in the registrant’s internal control over financial reporting.Date: September 19, 2005                                              /s/ Michael J. Blumenfeld   Michael J. Blumenfeld, Chairman and Chief   Executive Officer
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# District: 3
Federal Reserve Bank of: Philadelphia

## Filings received during the week ending February 12, 2011

|Filer | Filing Type | Filing Proposal | End of Comment Period
|----- | ----------- | --------------- | ---------------------
|NONE 

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
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New York
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§ 67.50 Requirement for title evidence. The owner of a vessel must present title evidence in accordance with one of the methods specified in this subpart: ( a ) When application is made for a coastwise endorsement for a vessel which has not previously been qualified for such endorsement;
( b ) For initial documentation of a vessel;
( c ) When the ownership of a documented vessel changes in whole or in part;
( d ) When the general partners of a partnership owning a documented vessel change by addition, deletion, or substitution, without dissolution of the partnership; or
( e ) When a vessel which has been deleted from documentation is returned to documentation and there has been an intervening change in ownership.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2009-0702, 74 FR 49230, Sept. 25, 2009]
#### John F. Ebinger, Respondent, *v.*Syracuse Rapid Transit Railway Company, Appellant.

*Ebinger*v. *Syracuse Rapid Transit Ry. Co.,*132 App. Div. 947, affirmed.

(Argued October 5, 1910;

decided October 25, 1910.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 24, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.

*O.liarles F. Spencer*for appellant.

*W. B. Matterson*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.
Safety-Kleen Corp.
                       Ratio of Earnings to Fixed Charges
                                ($ in Thousands)
                                   (Unaudited)

                                                              Three Months Ended
                                                                  November 30,
                                                              ------------------
                                                               1998        1997
                                                               ----        ----
Income from continuing operations before income taxes ...... $46,219     $17,371
Add:
   Portion of rents representative of the interest factor ..   5,499       2,884
   Interest on indebtedness, including amortization
      of deferred financing charges ........................  46,234      15,139
                                                             -------     -------
Income as adjusted ......................................... $97,952     $35,394
                                                             =======     =======

Fixed charges:
   Portion of rents representative of the interest factor .. $ 5,499     $ 2,884
   Interest on indebtedness, including amortization
      of deferred financing charges ........................  45,260      15,139
                                                             -------     -------
   Total fixed charges ..................................... $50,759     $18,023
                                                             =======     =======

Ratio of earnings to fixed charges .........................    1.93        1.96
                                                             =======     =======
#### Andrew H. Russell, *Appellant, v.*James C. Hartt, *Administrator,*etc.—

Decree affirmed, with costs. Opinion by

Boardman, J.;

Bockes, J., dissenting.
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
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Cleveland
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Richmond
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Chicago
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St. Louis
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Minneapolis
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Kansas City
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San Francisco

# District: 4
Federal Reserve Bank of: Cleveland

## Filings received during the week ending September 11, 2010

|Filer                         | Filing Type   | Filing Proposal                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  | End of Comment Period                             
|----------------------------- | ------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | --------------------------------------------------
|NORTH VALLEY BANCSHARES, INC. | CIC           | Notice of Change in Bank Control by Clay P. Graham, Byran H. Graham, and James F. Graham, acting in concert, to acquire up to 26.67% of the outstanding voting shares of North Valley Bancshares, Inc. and thereby indirectly acquring control of the North Valley Bank, both of Zanesville, OH and Notice of Change in Bank Control by Clay P.Graham, individually to acquire 10.13% of the outstanding voting shares of North Valley Bancshares, Inc.and thereby indirectly acquiring control of the North Valley Bank, both of Zanesville, OH | Newspaper:Not availableFederal Register:09/29/2010
|Newspaper:                    | Not available
|Federal Register:             | 09/29/2010   

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
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Minneapolis
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Kansas City
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Dallas
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San Francisco

---

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<TABLE> <S> <C>

<ARTICLE>     5
<LEGEND>
This schedule contains summary financial information extracted from the
balance sheet and statements of operations found on pages F-3 and F-4 of the
Company's Form 10-K for the fiscal year ended June 30, 1997, and is qualified
in its entirety by reference to such financial statements.
</LEGEND>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                     $   311,657
<SECURITIES>                                         0        
<RECEIVABLES>                               12,946,824       
<ALLOWANCES>                                 2,804,734
<INVENTORY>                                  5,130,142
<CURRENT-ASSETS>                            20,172,349
<PP&E>                                       1,492,918
<DEPRECIATION>                                 624,142
<TOTAL-ASSETS>                              32,521,176
<CURRENT-LIABILITIES>                       10,647,418
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    623,414
<COMMON>                                         7,334
<OTHER-SE>                                  15,796,188 
<TOTAL-LIABILITY-AND-EQUITY>                32,521,176
<SALES>                                     53,349,137          
<TOTAL-REVENUES>                            53,349,137          
<CGS>                                       39,681,159 
<TOTAL-COSTS>                               52,654,833          
<OTHER-EXPENSES>                                     0          
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,295,556         
<INCOME-PRETAX>                               (374,901)        
<INCOME-TAX>                                  (115,257)      
<INCOME-CONTINUING>                           (259,644)        
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0        
<NET-INCOME>                                  (259,644)
<EPS-PRIMARY>                                     (.05)
<EPS-DILUTED>                                     (.05)         

</TABLE>