alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10. (k)**

 

**AMENDMENT THREE**

**TO**

**THE FLEETBOSTON FINANCIAL CORPORATION**

**EXECUTIVE DEFERRED COMPENSATION PLAN NO. 1**

**(1997 Restatement)**

 

Section 2(c)(iv) of the Plan is amended effective December 16, 2003, to readas follows: 

 

(iv) Upon a termination of employment followingany of the events described in clauses (1) through (4) below, the Employee will receive retirement income (less applicable withholding) in fifteen annual installments commencing at age 65 (or, if later, commencing at retirement); provided, however,that if the Employee has previously made (or, subject to the requirements of the Plan relating to the timing of distribution elections, makes) a valid election either to receive retirement income (less applicable withholding) as set forth in his orher compensation deferral agreement in a lump sum payment as soon as practicable following termination of employment or to defer receipt to a specified date not later than age 65 (or, if later, commencing at retirement) and to receive such balancein a series of up to fifteen annual installments, then the terms of such election shall control: (1) the termination of employment of an Employee with the Employer (or its subsidiary or affiliate) after attaining age 65; (2) the termination ofemployment of an Employee (or its subsidiary or affiliate) after attaining age 55 and completing five years of continuous service with the Employer (or its subsidiary or affiliate); or (3) the designation by the Committee in its sole discretion thatan Employee shall be entitled to receive his or her balance as described above (regardless of the Employee’s age and years of service); or (4) a “change of control” as defined in the trust referred to in Section 7. If retirementoccurs before or after age 65, the amount of retirement income will be less or greater than the amount specified in the agreement but will be calculated as though the amount deferred had been credited with interest at 15 percent (10 percent forEmployees who become participants in the Plan on or after December 1, 1986 and prior to November 1, 1988 and 9 percent for Employees who become participants in the Plan on or after November 1, 1988). 

IN WITNESS WHEREOF, this Amendment Three was adopted by the Human Resources Committee at its December 16,2003 meeting and is executed by a duly authorized officer of the Company on this 19th day of December, 2003.

 

 

**FLEETBOSTON FINANCIAL CORPORATION**

By:
 
/S/    M. ANNE SZOSTAK
  M. Anne Szostak  
Executive Vice President and Director of Human Resources
<PAGE>
                           July 1, 2002                             EXHIBIT 10.1

                           Mr. Ronald Sharp Elder
[OMEGA                     Chestnuts
 WORLDWIDE                 8 Courtney Place
 INC.                      Cobham
 LOGO]                     Surrey KT11 2BE


                           Dear Ron:

                           You and Omega Worldwide Inc. entered into an
                           employment agreement dated May 1, 2002.  Paragraph
                           2(b) of that agreement provides that you will be
                           eligible for an "initial bonus" for the period
                           January 1, 2002 through June 30, 2002.  This letter
                           confirms our prior agreement that this period will be
                           extended, so that it covers the period January 1,
                           2002 through July 31, 2002.  To reflect this
                           revision, the employment agreement is amended by
                           replacing the phrase "June 30, 2002" with the phrase
                           "July 31, 2002" where the former phrase appears in
                           paragraph 2(b) and paragraph 2(b)(i) of the
                           employment agreement.  If the foregoing reflects your
                           understanding of our agreement, please sign one copy
                           of this letter and return it to me.

                           Very truly yours,
                           Omega Worldwide, Inc.


                           By: /s/ James Eden
                           ------------------
                           Its Chairman




                           The foregoing letter reflects
                           my understanding of my agreement
                           with the Company:

                           /s/ Ronald Sharp Elder
                           ----------------------
                               Ronald Sharp Elder

900 Victors Way            Date: 10th June, 2002
  Suite 345                      ----------
Ann Arbor, MI 48108
Phone: 734-887-0300
Fax: 734-887-0301
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-1771

ROGER ELLIOTT,

Plaintiff - Appellant,

versus

FEDERAL DEPOSIT INSURANCE CORPORATION,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis III, District Judge.

(CA-00-1553-A)

Submitted: October 3, 2001 Decided: October 17, 2001

Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Roger Elliott, Appellant Pro Se. Robert Donald McGillicuddy, FEDERAL DEPOSIT INSURANCE CORPORATION, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Roger Elliott appeals the district court’s order granting the

Federal Deposit Insurance Corporations’s motion to dismiss and for

summary judgment as to Elliott’s petition for review of the Merit

Systems Protection Board’s decision and on his claim of employment

discrimination based on age, race, sex, and reprisal in violation

of Title VII of the Civil Rights Act, 42 U.S.C.A. §§ 2000e to

2000e-17 (West 1994 & Supp. 2000). We have reviewed the record,

the briefs, and the district court’s opinion rendered from the

bench and find no reversible error. Accordingly, we affirm on the

reasoning of the district court. Elliott v. Federal Deposit Ins.

Corp., No. CA-00-1553-A (E.D. Va. filed May 11, 2001; entered May

17, 2001). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

AFFIRMED
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ALONZA BAKER, JR., et al., :

Plaintiffs, : CIVIL ACTION

:

 :

v. :

:

CITY OF PHILADELPHIA, et al., :

Defendants. : No. 05-1562

:

ORDER

AND NOW, this 26 day of October, 2009, upon consideration of Defendants’ motions th

for summary judgment, Plaintiffs’ responses thereto, Defendants’ replies, and for the reasons set

forth in this Court’s memorandum dated October 26, 2009, it is hereby ORDERED that:

1. Defendants’ Motion for Summary Judgment as to McNeil’s claims (Document

No. 48) is GRANTED.

2. Defendants’ Motion for Summary Judgment as to Jenkins’s claims (Document

No. 50) is GRANTED.

3. Defendants’ Motion for Summary Judgment as to Washington’s claims

(Document No. 52) is GRANTED.

4. Defendants’ Motion for Summary Judgment as to Greenwood’s claims

(Document No. 54) is GRANTED.

5. Defendants’ Motion for Summary Judgment as to Baker’s claims (Document No.

56) is GRANTED.

Case 2:05-cv-01562-BMS Document 85 Filed 10/27/09 Page 1 of 2
6. The Clerk of Court is directed to close this case.

BY THE COURT:

Berle M. Schiller, J.

Case 2:05-cv-01562-BMS Document 85 Filed 10/27/09 Page 2 of 2
INDEPENDENT ACCOUNTANT'S REPORT

To the Board of Directors of

Lennar Partners, Inc.:

Deloitte

&Touche

We have examined management's assertion about Lennar Partners, Inc.'s (the "Company") compliance with the minimum servicing standards identified in the Mortgage Bankers Association of America's *Uniform Single Attestation Program for Mortgage Bankers (USAP)*as applicable to the special servicing of commercial and multifamily mortgage loans as of and for the year ended December 31, 2000 included in the accompanying management assertion. Management is responsible for the Company's compliance with those minimum-servicing standards. Our responsibility is to express an opinion on management's assertion about the entity's compliance based on our examination.

Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about the Company's compliance with the minimum servicing standards and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Company's compliance with the minimum servicing standards.

In our opinion, management's assertion that the Company complied with the aforementioned minimum servicing standards as of and for the year ended December 31, 2000 is fairly stated, in all material respects. 

 

 

 

 

March 9, 2001

Deloitte

Touche

Tohmatsu
EXHIBIT 4.4

SUMMARY OF PERPETUAL DEPOSIT AGREEMENT

     Pursuant to agreements (by way of exchange of letters) that were entered
into at various times between us and the Israeli Treasury, we deposited with the
Israeli Treasury the capital from the offerings of our preferred shares (C, CC,
CC1, D and DD). The total principal amount of perpetual deposits with the
Treasury was NIS 828.2 million, as of December 31, 2005, as compared with NIS
806.5 million, as of December 31, 2004. Pursuant to these agreements, we are
entitled, regarding the amounts so deposited, to receive dollar-interest at the
annual rate of 7.5% of the dollar value of the deposits (as of the date of their
deposit), which will be paid net to us by the Treasury, on the dates that we
will declare the payment of a dividend for the above preferred shares, in such
manner that after the payment of taxes and other charges, the net amount of
interest that we receive from the Treasury will be at the above rate of 7.5%.

     The deposit agreements do not expressly stipulate how the interest on the
perpetual deposits should be handled during periods in which the Bank is
prevented from distributing dividends on the above preferred shares, and whether
the interest will accrue and be paid when the Bank pays the accrued preferred
dividends in arrears or upon liquidation. See Note 15 to our financial
statements in Item 17 of this annual report for details on the cessation of
dividend distribution and the matter of the accrued interest on the perpetual
deposits with the Israeli Treasury.

     The principal amounts that we so deposited will be returned to us by the
Israeli Treasury only upon our liquidation or for the purpose of redemption of
preferred D and DD shares (which were offered as redeemable shares), with the
principal amounts being linked to the dollar from the date of their deposit with
the Treasury and until October 1987, and from October 1, 1987 until the date of
their repayment to us, linked to the Consumer Price Index or the dollar,
whichever is higher. The deposit agreements establish that the Treasury shall
not have a right of set-off as to amounts that we will receive regarding the
deposits thereby deposited.
Exhibit
32.1





CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO 18 U.S.C.


SECTION
1350




In
connection with the accompanying Quarterly Report on Form 10-Q of Tongli
Pharmaceuticals (USA), Inc. for the period ended June 30, 2010, I, Mingli Yao,
Chief Executive Officer, hereby certifies pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:




1. Such
Quarterly Report on Form 10-Q for the quarter ended June 30, 2010, fully
complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and




2. The
information contained in such Quarterly Report on Form 10-Q for the quarter
ended June 30, 2010, fairly presents, in all material respects, the financial
condition and results of operations of Tongli Pharmaceuticals (USA),
Inc.





Dated:
August 16, 2010




/s/
      Mingli YaoMingli
      YaoChief
      Executive Officer and
Chairman
IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

RAMONA ERAZO ) 

 ) 

 ) 

 Plaintiff, ) 

 vs. ) 

 ) Civil Action No. 02-CV-4438 

TRANS UNION, LLC ) 

 and ) 

ROBINSONS/MAY ) 

 and ) 

WELLS FARGO BANK ) 

 ) 

 Defendants. ) 

 )

PRAECIPE TO MARK CASE SETTLED, DISCONTINUED AND ENDED AS TO 

DEFENDANT ROBINSONS/MAY ONLY 

TO THE CLERK OF COURT: 

 Please mark the above matter settled, discontinued and ended with prejudice as to 

Defendant Robinsons/May only. 

FRANCIS & MAILMAN, P.C. 

 BY:____________________________ 

JAMES A. FRANCIS, ESQUIRE 

MARK D. MAILMAN, ESQUIRE 

Attorneys for Plaintiff 

Land Title Building, 19th Floor 

100 South Broad Street 

Philadelphia, PA 19110 

(215) 735-8600 

Dated: March 3, 2003 

Case 2:02-cv-04438-TJS Document 17 Filed 03/03/2003 Page 1 of 1
Case 2:02-cv-20142-HB     Document 8-3      Filed 02/23/2004     Page 1 of 3

Case 2:02-cv-20142-HB     Document 8-3      Filed 02/23/2004     Page 2 of 3

Case 2:02-cv-20142-HB     Document 8-3      Filed 02/23/2004     Page 3 of 3
Exhibit 32.1


                      Park City Group, Inc. & Subsidiaries
                            Certification Pursuant To
                 18 U.S.C. Section 1350, As Adopted Pursuant To
                  Section 906 Of The Sarbanes-Oxley Act Of 2002

In connection with the annual Report of Park City Group, Inc. (the "Company") on
Form 10-KSB/A No. 2 for the year ending June 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Randall
K. Fields, Principal Executive Officer, CEO, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of
2002, that:

         (1)      The Report fully complies with the requirements of section
                  13(a) or 15(d) of the Securities Exchange Act of 1934; and

         (2)      The information contained in the Report fairly presents, in
                  all material respects, the financial condition and result of
                  operations of the Company.


Dated: September 13, 2006


/s/ Randall K. Fields
--------------------------------
Principal Executive Officer, CEO


                  (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JAMES DAVIS,

Plaintiff,

v.

SUPT. JAMES T. WYNDER, et al., 

Defendants.

CIVIL ACTION

No. 05-3865

MEMORANDUM/ORDER

December 17, 2007

Petitioner James Davis has filed a pro se motion to alter or amend this court’s judgment

denying his petition for writ of habeas corpus. See Docket No. 20 (motion); Docket No. 19

(order); Fed. R. Civ. P. 59(e). Because petitioner’s motion raises no new argument in addition to

those already addressed in this court’s order denying his petition, IT IS ORDERED that his

motion, Docket No. 20, is DENIED. 

BY THE COURT:

/s/ Louis H. Pollak

__________________

Pollak, J.

Case 2:05-cv-03865-LP Document 21 Filed 12/18/07 Page 1 of 1
<PAGE>   1

                                                                  EXHIBIT 10.59

                                    AMENDMENT



     1. Reference is made to (a) that certain Facility and Guaranty Agreement
(the "Facility Agreement") dated as of February 12, 1999 among AmerUs Life
Holdings, Inc. ("ALHI"), Bank One, NA (f/k/a The First National Bank of Chicago)
individually ("Bank One") and as agent (the "Agent") and (b) that certain
Amendment No. 2 to Facility Agreement dated as of January 25, 2000 by and among
the ALHI, the Agent and Bank One ("Amendment No. 2").

     2. ALHI has merged into American Mutual Holding Co., which has changed its
name to AmerUs Group Co. AmerUs Group Co., successor to ALHI, is referred to
herein as the "Company".

     3. The Company, the Agent and Bank One (being the sole "Lender" under the
Facility Agreement) hereby agree that Amendment No. 2 is hereby amended by
deleting the reference to "August 31, 2000" in the last paragraph of Section 3
thereof and replacing it with a reference to "October 31, 2000".

     4. Bank One waives as of the date of the Merger (as defined in Amendment
No. 2) any Program Event of Default or Unmatured Default under the Facility
Agreement which would not have existed had the Delayed Effective Date occurred
contemporaneously with the Merger (as defined in Amendment No. 2).

     5. This Amendment shall be construed in accordance with the internal laws
(including, without limitation, 735 ILCS Section 105/5-1 et seq, but otherwise
without regard to the conflict of laws provisions) of the State of Illinois, but
giving effect to federal laws applicable to national banks.

     6. This Amendment may be executed in any number of counterparts, each of
which when so executed shall be deemed an original but all such counterparts
shall constitute one and the same instrument.

     IN WITNESS WHEREOF, the parties have executed this Amendment as of the 20th
day of September, 2000.

                            AMERUS GROUP CO.

                            By:    /s/ Michael G. Fraizer
                                   --------------------------------------------
                            Name:  Michael G. Fraizer
                            Title: Executive Vice President and
                                   Chief Financial Officer

                            BANK ONE, NA,
                            Individually and as Agent

                            By:    /s/ Cynthia Priest
                                   --------------------------------------------
                            Name:  Cynthia Priest
                            Title: First Vice President
```

[Federal Register: November 1, 2010 (Volume 75, Number 210)]
[Notices]               
[Page 67087]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no10-24]                         

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

DEPARTMENT OF ENERGY

 
Proposed Subsequent Arrangement

AGENCY: Office of Nonproliferation and International Security, 
Department of Energy.

ACTION: Proposed subsequent arrangement.

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

SUMMARY: This notice has been issued under the authority of Section 131 
of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2160). The 
Department is providing notice of a proposed subsequent arrangement 
under the Agreement for Cooperation Concerning Civil Uses of Nuclear 
Energy Between the Government of the United States of America and the 
Government of Canada and the Agreement for Cooperation in the Peaceful 
Uses of Nuclear Energy Between the United States of America and the 
European Atomic Energy Community.
    This subsequent arrangement concerns the retransfer of 514,705.9 kg 
of U.S.-origin natural uranium hexafluoride (68.00% U), 350,000 kg of 
which is uranium, from Areva Resources Canada, Inc. (Areva Resources) 
in Saskatoon, Saskatchewan, Canada, to URENCO in Gronau, Germany. The 
material, which is currently located at Areva Resources, will be 
transferred to URENCO-Gronau for enrichment and use as fuel in civilian 
nuclear power programs in the United States and France. The material 
was originally obtained by Areva Resources from the Feed Component 
Substitution Implementing Contract.
    In accordance with Section 131 of the Atomic Energy Act of 1954, as 
amended, it has been determined that this subsequent arrangement will 
not be inimical to the common defense and security.
    This subsequent arrangement will take effect no sooner than fifteen 
days after the date of publication of this notice.

    Dated: October 1, 2010.

    For the Department of Energy.
Thomas P. D'Agostino,
Administrator, National Nuclear Security Administration.
[FR Doc. 2010-27498 Filed 10-29-10; 8:45 am]
BILLING CODE 6450-01-P
```
# C_2018352EN.01003301.xml

| 1.10.2018 | EN | Official Journal of the European Union | C 352/33 |
| --- | --- | --- | --- |

1.10.2018

EN

Official Journal of the European Union

C 352/33

---

Judgment of the General Court of 13 July 2018 — Cyprus v EUIPO — POA (COWBOYS HALLOUMI)

(Case T-847/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark COWBOYS HALLOUMI - Prior United Kingdom word certification mark HALLOUMI - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))

(2018/C 352/39)

Language of the case: English

Parties

Applicant: Republic of Cyprus (represented by: S. Malynicz, QC, and V. Marsland, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Pagkypriosorganismos ageladotrofon (POA) (Latsia, Cyprus) (represented by: N. Korogiannakis, lawyer)

Re:

Action brought against an appeal brought before the Fourth Chamber of the Board of Appeal of EUIPO of 22 September 2016 (Case R 2781/2014-4), relating to opposition proceedings between the Republic of Cyprus et POA.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the Republic of Cyprus to pay the costs. |
| --- | --- |

2.

Orders the Republic of Cyprus to pay the costs.

---

(1)  OJ C 22, 23.1.2017.

---
Case 2:02-cv-04393-JS Document 48 Filed 06/20/2005 Page 1 of 2
Case 2:02-cv-04393-JS Document 48 Filed 06/20/2005 Page 2 of 2
Trust Funds
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

William D. Huhn :

:

vs. : CIVIL ACTION NO. 02-4334

:

John J. Rigas et al. :

ORDER

AND NOW, this day of September , 2002, the court having been

previously advised that the above action cannot proceed to trial and

disposition because of the following reason:

[X] - Order staying these proceedings pending disposition of a

related action.

[] - Order staying these proceedings pending determination of

arbitration proceedings.

[] - Interlocutory appeal filed 

[X] - Other: Bankruptcy and Criminal Proceedings have been filed

in the Southern District of New York, under the following

numbers: Bky Numbers 02-41729,02-08051, 02-08074 and

Criminal Number 02-M-1438-1,2,3,4,5.

it is

ORDERED that the Clerk of Court mark this action closed for statistical

purposes and place the matter in the Civil Suspense File, and it is 

FURTHER ORDERED that the Court shall retain jurisdiction; and that the

case be restored to the trial docket when the action is in a status so that it

may proceed to final disposition; this order shall not prejudice the rights of

the parties to this litigation.

BY THE COURT:

_______________________________

 HERBERT J. HUTTON, J.

Civ. 13 (8/80)

Case 2:02-cv-04334-HH Document 5 Filed 09/26/2002 Page 1 of 1