alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.1**

**FIRST AMENDMENT TO THE**

**TUESDAY MORNING CORPORATION**

**EMPLOYEE STOCK PURCHASE PLAN**

 

**               **THIS FIRST AMENDMENT TO THE TUESDAY MORNINGCORPORATION EMPLOYEE STOCK PURCHASE PLAN (this “Amendment”) is effective as setforth below and is made by the Compensation Committee (the “Committee”) ofTuesday Morning Corporation, a Delaware corporation (the “Company”).

**PRELIMINARYSTATEMENTS**

                A.            The Company has previously established the TuesdayMorning Corporation Employee Stock Purchase Plan (the “ESPP”), for the benefitof eligible employees of the Company. Capitalized terms used but not otherwise defined herein shall have themeanings ascribed to them in the ESPP.

                B.            Pursuant to Section 8.1 of the ESPP, the Committee hasthe right to make certain amendments to the ESPP.

                C.            The Committee desires to (1) establish a limit on thenumber of shares of common stock that can be granted to employees pursuant tothe ESPP and (2) put a limit on the term of the ESPP.

**AMENDMENT**

                NOW, THEREFORE, the ESPP ishereby amended as follows, effective September 18, 2007:

                1.  NUMBER OF SHARES; TERM.  Section 4.1 is hereby amended and restated inits entirety to read as follows:

                “4.1         Number of Shares; Term. The number of Shares which the Company may offer to Participants underthe Plan is limited to 250,000 Shares. Such Shares shall be purchased in open market transactions.  Unless the Plan is previously suspended orterminated upon the adoption of a resolution of the Plan Administrators or theBoard of Directors of the Company, purchases under the Plan shall be permittedwith respect to Employee payroll deductions and Company matching contributionsthrough December 31, 2007.  No Employeepayroll deductions or Company matching contributions shall be made under thePlan for periods after December 31, 2007. After Shares are purchased with contributions made under the Plan forthe month of December 2007, the Plan shall terminate and the Plan Administratorshall take such actions as are required by Section 8.2 of the Plan.”

 

1

----

 

                2.  Except as expressly set forth herein, theESPP shall remain in full force and effect without further amendment ormodification.

 

[The remainder ofthis page is intentionally left blank.]

 

2

----

                IN WITNESS WHEREOF, thisAmendment has been executed by a duly authorized officer of the Company as ofthe date specified below and effective as set forth herein.
|                            | TUESDAY MORNING CORPORATION            |
|---------------------------------|----------------------------------------|
|                            |                                   |
| Date:  September  19, 2007 | By:                                    | /s/ ELIZABETH  A. SCHROEDER |
|                            | Elizabeth A. Schroeder                 |
|                            | Chief Financial Officer, Secretary and |
|                            | Treasurer                              |

 

3

----
No. 51840.

#### Price Gilbert, Jr. *v.*United States,

petition 6016-R (Savannah).

Opinion by

Cline, J.

At the trial counsel for the Government moved to dismiss the petition for lack of prosecution, inasmuch as he had received a phone call from the attorney for the petitioner stating that petitioner did not wish to proceed with the case. The petition was therefore dismissed.
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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v. 

VAN XUAN BENNUM,

Defendant.

____________________________________

)

)

)

)

)

)

)

)

)

)

Case No. 06-241M

DETENTION ORDER 

Offenses charged:

Count 1: Distribution of Methamphetamine in violation of 21 U.S.C. §§ 841(a)(1)

and 841(b)(1)(A).

Date of Detention Hearing: May 26, 2006.

The Court, having conducted a detention hearing pursuant to 18 U.S.C. § 3142(f), and

based upon the factual findings and statement of reasons for detention hereafter set forth,

finds the following:

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) Pursuant to 18 U.S.C. § 3142(e), there is a rebuttable presumption that

defendant is a flight risk based on the nature of the pending charges and because defendant is

facing a possible 20-year mandatory minimum sentence.

(2) Defendant is a United States citizen but has strong family ties and close

contacts to Vietnam. 

(3) During the past month, defendant has transferred by wire $72,000 to Vietnam.

(4) Defendant has admitted travelling to Vietnam during the years of 2005 and

Case 2:06-cr-00189-TSZ Document 11 Filed 05/26/06 Page 1 of 2
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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 2

2006. At the time defendant’s passport was seized, there were no markings by Customs

officials of the trips, indicating the possible existence of other passports or identities in the

possession of defendant.

(5) There appear to be no conditions or combination of conditions other than

detention that will address the risk of flight and the danger to other persons of the community

posed by defendant.

IT IS THEREFORE ORDERED:

(1) Defendant shall be detained pending trial and committed to the custody of the

Attorney General for confinement in a correction facility separate, to the

extent practicable, from persons awaiting or serving sentences or being held in

custody pending appeal;

(2) Defendant shall be afforded reasonable opportunity for private consultation

with counsel;

(3) On order of a court of the United States or on request of an attorney for the

government, the person in charge of the corrections facility in which

defendant is confined shall deliver the defendant to a United States Marshal

for the purpose of an appearance in connection with a court proceeding; and

(4) The Clerk shall direct copies of this Order to counsel for the United States, to

counsel for the defendant, to the United States Marshal, and to the United

States Pretrial Services Officer.

DATED this 26th day of May, 2006.AJAMES P. DONOHUE

United States Magistrate Judge 

Case 2:06-cr-00189-TSZ Document 11 Filed 05/26/06 Page 2 of 2
```

[111th Congress Public Law 71]
[From the U.S. Government Printing Office]

[[Page 123 STAT. 2058]]

Public Law 111-71
111th Congress

                                 An Act

 
  To amend the United States International Broadcasting Act of 1994 to 
   extend by one year the operation of Radio Free Asia, and for other 
            purposes. <<NOTE: Oct. 9, 2009 -  [H.R. 3593]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. ONE YEAR EXTENSION OF OPERATION OF RADIO FREE ASIA.

    Section 309(f) of the United States International Broadcasting Act 
of 1994 (22 U.S.C. 6208(f)) is amended by striking ``2009'' and 
inserting ``2010''.

    Approved October 9, 2009.

LEGISLATIVE HISTORY--H.R. 3593:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 155 (2009):
            Sept. 23, considered and passed House.
            Sept. 29, considered and passed Senate.

                                  <all>
```
<PAGE>   1
                                 UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION

                             Washington, D.C. 20549

                                    FORM 8-K

                                 CURRENT REPORT

                        Pursuant to Section 13 or 15(d)
                     of the Securities Exchange Act of 1934

         Date of Report (Date of earliest event reported): May 20, 1999

                           AMERICAN VANTAGE COMPANIES
              ----------------------------------------------------
             (Exact name of registrant as specified in its charter)

         Nevada                       0-10061                04-2709807
----------------------------  ------------------------ ------------------------
(State or Other Jurisdiction  (Commission File Number) (IRS Employer Ident. No.)
     of Incorporation)


            6787 West Tropicana, Suite 200, Las Vegas, Nevada 89103
           ---------------------------------------------------------
           (Address of Principal Executive Offices)       (Zip Code)


                                 (702) 227-9800
               --------------------------------------------------
               Registrant's telephone number, including area code
<PAGE>   2
Item 5. Other Events.

     On May 20, 1999, American Vantage Companies (the "Company") announced that
it received formal notice from legal counsel of the Table Mountain Rancheria
Band of Indians that the General Council of the Table Mountain Rancheria voted
to terminate the Company's contract to provide casino consulting services to the
Table Mountain Rancheria Casino & Bingo. Furthermore, termination notices were
also given to the Tribal Business Committee (the then governing body of the
Tribe), the Casino President and former Tribal legal counsel.

     The Company, which has consulted for the Band since 1990, has a contract
with the Table Mountain Rancheria, which expires on June 30, 2000. The Company
is presently reviewing its alternatives.




                                      -2-
<PAGE>   3
                                   SIGNATURE

     Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.


                                        AMERICAN VANTAGE COMPANIES
                                        (Registrant)




Date: May 20, 1999                 By: /s/ Ronald J. Tassinari
                                      ------------------------
                                           Ronald J. Tassinari
                                           President


                                      -3-
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

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

 _________________________________________ 

 Clerk

March 29, 2011 

p0321 

Order 

 

March 29, 2011 

141893 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 141893 

 COA: 298544 

Berrien CC: 2005-400889-FH 

LONNIE LADEAN KESTNER, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the September 8, 2010 

order of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
No. 57861.

protests 211413-K and 212038-K (New York).

#### Dodge & Olcott, Inc., and George Lueders Co. *v.*United States,

Opinion by

Mollison, J.

In accordance with stipulation of counsel that the merchandise consists of camphor oil the same in all material respects as that the subject of *Orbis Products Corp.*v. *United States*(30 Cust. Ct. 244, C. D. 1527), the claim of the plaintiffs was sustained.
**MEMORANDUM**

DATE: October 27, 2014 TO: Clean Power Plan for Existing Power Plants; Docket I d: OAR

–2013
- 0602 FROM: Howard J. Hoffman , EPA
- OGC SUBJECT: October 21, 2014 M eeting with Environmental Defense Fund Regarding Proposed

Clean Power Plan for Existing Power Plants
**SUMMARY** On October 21, 2014, attorney s from EPA in the EPA Office of General Counsel (OGC) and Office of Air Quality

Planning and Standards (OAQPS) met with the Environmental Defense Fund (EDF). EDF ga ve their views on legal issues related to the proposed Clean Power Plan for existing power plants. **ATTENDEES** EDF attendees: Vickie Patton (EDF) Megan Ceronsk y (EDF) Tomas Carbonell Sean H. Donahue (Donahue & Goldberg) EPA attendees: Lorie Schmidt (OGC) Elliott Zenick (OGC) Howard J. Hoffman (OGC) Scott Jordan (OGC) Aileen Roder (OGC) Marguerite McLamb (OAQPS) Kellie Ortega (OECA) [ Attachment ]
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-27-1998
<PERIOD-START>                             JUN-29-1997
<PERIOD-END>                               DEC-27-1997
<EXCHANGE-RATE>                                      1
<CASH>                                             513
<SECURITIES>                                         0
<RECEIVABLES>                                   57,960
<ALLOWANCES>                                     5,692
<INVENTORY>                                     48,088
<CURRENT-ASSETS>                               111,703
<PP&E>                                          22,010
<DEPRECIATION>                                  12,286
<TOTAL-ASSETS>                                 141,074
<CURRENT-LIABILITIES>                           88,782
<BONDS>                                          2,544
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           131
<OTHER-SE>                                      49,617
<TOTAL-LIABILITY-AND-EQUITY>                   141,074
<SALES>                                        167,926
<TOTAL-REVENUES>                               167,926
<CGS>                                          102,307
<TOTAL-COSTS>                                  108,100
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,962
<INCOME-PRETAX>                                 15,320
<INCOME-TAX>                                     5,748
<INCOME-CONTINUING>                              9,572
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,572
<EPS-PRIMARY>                                      .73
<EPS-DILUTED>                                      .71
        

</TABLE>
CERTIFICATIONS
OF THE CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


UNDER
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the filing by Lixte Biotechnology Holdings, Inc. (the
“Registrant”) of its Annual Report on Form 10-K for the fiscal year ended
December 31, 2009 (the “Annual Report”) with the Securities and Exchange
Commission, I, John S. Kovach, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:




(i)           The
Annual Report fully complies with the requirements of Section 13(a) or Section
15(d), as applicable, of the Securities Exchange Act of 1934, as amended;
and




(ii)           The
information contained in the Annual Report fairly presents, in all material
respects, the financial condition and results of operations of the
Registrant.




A signed
original of this written statement required by Section 906 has been provided to
the Registrant and will be retained by the Registrant and furnished to the
Securities and Exchange Commission or its staff upon request.





Date:  March
      24, 2010
              By:
              /s/ JOHN S. KOVACHJohn
      S. KovachChief
      Executive Officer andChief
      Financial Officer
Exhibit 99.4  -  Aggregate Statement of Principal and Interest Distributions to Certificateholders as of December 31, 2005
Structured Asset Investment Loan TrustMortgage Pass-Through Certificates, Series 2005-HE1
Beginning
Principal
Interest
Ending
Class
Balance
Distributed
Distributed
Balance
A1
380,000,000.00
119,740,103.45
5,582,304.62
260,259,896.55
A2
239,713,000.00
0.00
4,225,024.85
239,713,000.00
A3
257,150,000.00
94,665,734.02
3,680,399.64
162,484,265.98
A4
139,738,000.00
0.00
2,402,765.80
139,738,000.00
A5
93,053,000.00
0.00
1,640,091.45
93,053,000.00
A6
128,169,000.00
0.00
2,314,207.01
128,169,000.00
A7
139,823,000.00
25,894,313.49
2,245,026.75
113,928,686.51
A8
34,956,000.00
6,473,624.67
566,794.09
28,482,375.33
M1
84,515,000.00
0.00
1,566,021.87
84,515,000.00
M2
48,294,000.00
0.00
896,943.67
48,294,000.00
M3
28,459,000.00
0.00
531,007.38
28,459,000.00
M4
25,872,000.00
0.00
497,218.53
25,872,000.00
M5
25,009,000.00
0.00
484,940.15
25,009,000.00
M6
17,248,000.00
0.00
336,677.38
17,248,000.00
M7
17,248,000.00
0.00
377,521.59
17,248,000.00
M8
10,349,000.00
0.00
230,973.14
10,349,000.00
M9
12,074,000.00
0.00
295,465.03
12,074,000.00
B1
15,523,000.00
0.00
423,308.97
15,523,000.00
B2
8,624,000.00
0.00
235,174.68
8,624,000.00
B3
10,349,000.00
0.00
282,215.08
10,349,000.00
X
8,621,830.86
0.00
12,082,624.71
8,621,830.86
P
100.00
0.00
4,003,169.10
100.00
R
0.00
0.00
0.00
0.00
No. 66186.

#### James Betesh Import Co. and J. M. Sutton Sons & Co. *v.*United States,

protests 61/178 and 61/10426 (B) (New York).

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of wall plaques similar in all material respects to those the subject of *Ross Products, Inc.*v. *United States*(43 Cust. Ct. 74, C.D. 2106), the claim of the plaintiffs was sustained.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 22

- 645

_____________________________
P HILLIP C OOK , Appellant,

v.

S TATE O F F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Bay County

. Brantley S. Clark, Jr. , Judge

. September 12, 2022

P ER C URIAM

.
A FFIRMED

. B.L. T HOMAS , K ELSEY , and N ORDBY , JJ., concur

.

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

.

_____________________________2 Phillip Cook, pro se
, Appellant.

Ashley Moody, Attorney General, and Michael McDermott, Senior Assistant Attorney General, Tallahassee
, for Appellee.
<PAGE>   1
 
                                                                    EXHIBIT 23.2
 
The Board of Directors
America West Airlines, Inc.:
 
We consent to the use of our reports incorporated herein by reference and to the
references to our firm under the headings "Selected Financial Data" and
"Experts" in the prospectus.
 
KPMG LLP
 
Phoenix, AZ
February 1, 1999
No. 50795.

#### Protest 96317-K of Hinton *&*Co., Inc. (New York).

*199Opinion by

Ekwall, J.

In accordance with stipulation of counsel the court found that the facts herein agreed upon were such as to bring the case within the holding in *John Barr*v. *United States*(11 Cust. Ct. 88, C. D. 801), which record was incorporated herein. (See *John Barr*v. *United States,*324 U. S. 83, decided February 5, 1945.) In accordance therewith it was held that the currency of the invoice should be converted at the buying rate in the New York market at noon on the day of exportation (the “free” rate of exchange for pounds sterling), as certified by the Federal Reserve bank and set forth by the collector on the entry. The protest was sustained to this extent.
# L_2022251EN.01000101.xml

| 29.9.2022 | EN | Official Journal of the European Union | L 251/1 |
| --- | --- | --- | --- |

29.9.2022

EN

Official Journal of the European Union

L 251/1

---

COUNCIL DECISION (EU) 2022/1665

of 26 September 2022

on the signing, on behalf of the Union, of the Agreement between the European Union and the United States of America pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | On 15 June 2018 the Council authorised the Commission to open negotiations with the United States of America for an Agreement between the European Union and the United States of America pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the Union (‘the Agreement’). |
| --- | --- |

(1)

On 15 June 2018 the Council authorised the Commission to open negotiations with the United States of America for an Agreement between the European Union and the United States of America pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the Union (‘the Agreement’).

| (2) | The negotiations were successfully concluded on 12 July 2022 by the initialling of the Agreement. |
| --- | --- |

(2)

The negotiations were successfully concluded on 12 July 2022 by the initialling of the Agreement.

| (3) | The Agreement should be signed, |
| --- | --- |

(3)

The Agreement should be signed,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement between the European Union and the United States of America pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union is hereby authorised, subject to the conclusion of the said Agreement (1).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 3

This Decision shall enter into force on the day following that of its adoption.

Done at Brussels, 26 September 2022.

For the Council

The President

Z. NEKULA

---

(1)  The text of the Agreement will be published together with the decision on its conclusion.

1

---
Before the Second Division,

December 27, 1951

No. 56198.

protest 175376-K (New York).

#### Pathe Watch Co. *v.*United States,

Opinion by

Lawrence, J.

It was stipulated that the items of merchandise in question consist of watch movements similar in all material respects to those which were the subject of *United States*v. *Helbros Watch Co. et al.*(38 C. C. P. A. 1, C. A. D. 430). Upon the agreed statement of facts and the cited authority, the merchandise was held properly dutiable at the base rate of 90 cents each as watch movements more than 1 inch but less than 1.77 inches wide under paragraph 367 (a) (1), as modified, *supra.*
No. 61682.

#### John Wanamaker, Philadelphia, Inc. *v.*United States,

protests 223433-K, etc. (Philadelphia).

*488Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of figures similar in all material respects to those passed upon in *Wm. Pitcairn Corp.*v. *United States*(39 C. C. P. A. 15, C. A. D. 458), the claim of the plaintiff was sustained.