alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv4w34






EXHIBIT 4.34




Third Amendment 

To The

Savings & Profit Sharing Plan for Employees of

First Interstate BancSystem, Inc.




     1. Recitals. Section 12.1 of the Savings & Profit Sharing Plan for Employees of First
Interstate BancSystem, Inc. (the “Plan”) gives First Interstate BancSystem, Inc. (the “Plan
Sponsor”) the right to amend the Plan at any time. On July 26, 2006, the Board of Directors of the
Plan Sponsor delegated authority to the First Interstate BancSystem, Inc. Benefits Committee (the
“Committee”) to amend the Plan to modify or add provisions relating to the immediate or delayed
inclusion or exclusion of employees acquired or disposed of in any corporate acquisition,
reorganization or similar transaction involving FIBS or any of its subsidiaries. The Committee
hereby amends the Plan to grant service credit under the Plan to employees of affiliated entities
located in South Dakota.



     2. Amendment of Plan. The following Amendment to the Plan is adopted effective as of
the Closing as that term is defined in Section 6.1 of the Stock Purchase Agreement between the Plan
Sponsor and First Western Bancorp, Inc. dated September 18, 2007.



     (A) Section 3.2 of the Plan shall be amended by adding the following as the last paragraph
thereof:




In the case of Employees who were employed by First Western Bank Sturgis, Sturgis,
South Dakota, First Western Bank, Wall, South Dakota or First Western Data, Inc. on
the date in which all of the issued and outstanding common stock and other equity
interests in such entities were acquired by the Company, Eligibility Service shall
include Hours of Service performed for First Western Bank Sturgis, Sturgis, South
Dakota, First Western Bank, Wall, South Dakota or First Western Data, Inc.,
whichever is applicable, prior to such date.



     (B) Section 5.3 shall be amended by adding a new subsection (e) to read in its entirety as
follows:




	 	(e)	 	In the case of Employees who were employed by First Western
Bank Sturgis, Sturgis, South Dakota, First Western Bank, Wall, South Dakota or
First Western Data, Inc. on the date in which all of the issued and outstanding
common stock and other equity interests in such entities were acquired by the
Company, Vesting Service shall include all years of service performed for First
Western Bank Sturgis, Sturgis, South Dakota, First Western Bank, Wall, South
Dakota or First Western Data, Inc., whichever is applicable, prior to such
date.





     3. Other Provisions. All other provisions of the Plan shall remain unamended and in
full force.



	 	 	 	 	 
	 	 	 
	 	                                              /s/  LYLE R. KNIGHT
 	 
	 	Lyle R. Knight, Benefits Committee Chair 	 
	 	Date: 1-10-08 	 
	 



			
	 	 	 
	Third Amendment to the
Savings & Profit Sharing Plan for Employees of First Interstate BancSystem, Inc.
	 	01/2008
	Prepared by Holland & Hart LLP
	 	1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 05-6748

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus
JOHN ERIC HUGHES, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (CR-00-4; CA-05-278-3) Submitted: September 29, 2005 Decided: October 7, 2005 Before WILKINSON, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. John Eric Hughes, Appellant Pro Se. Michael Cornell Wallace, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: John Eric Hughes, a federal prisoner, seeks to appeal the district court’s order denying relief on his motion to vacate judgment pursuant to 28 U.S.C. § 2255 (2000), which Hughes attempted to bring under Rule 60(b) of the Federal Rules of Civil Procedure. An appeal may not be taken from the district court’s order unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue for claims addressed by a district court absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find both that the district court’s assessment of his constitutional claims is debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell , 537 U.S. 322, 336 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Hughes has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. Additionally, we construe Hughes’ notice of appeal and informal brief on appeal as an application to file a second or successive § 2255 motion. SeeUnited States v. Winestock , 340 F.3d- 3 - 200, 208 (4th Cir. 2003). In order to obtain authorization to file a successive § 2255 motion, a prisoner must assert claims based on either: (1) a new rule of constitutional law, previously unavailable, made retroactive by the Supreme Court to cases on collateral review; or (2) newly discovered evidence sufficient to establish that no reasonable fact finder would have found the movant guilty. 28 U.S.C. §§ 2244(b)(3)(c), 2255 (2000). Hughes’ claim does not satisfy either of these conditions. Therefore, we decline to authorize Hughes to file a successive § 2255 motion. Hughes’ motions for appointment of counsel and for an evidentiary hearing are denied. 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. DISMISSED
1200 New Jersey Avenue, SE

 Washington, DC 20590

US Department

Of Transportation

Federal Railroad

Administration

Lawrence Peet

New Century Railroad

Deputy Director

One New Century Parkway

New Century, KS 66030

March 12, 2024

Dear Mr. Peet:

This letter responds to the New Century Railroad (JCAX) submission dated February 22, 2024, to the 

Federal Railroad Administration (FRA) seeking approval of its material modifications to the JCAX Engineer 

Certification Program received by FRA on February 22, 2024. JCAX has complied with FRA's procedures 

for submission and approval of programs as described in appendix B to 49 CFR part 240. FRA reviewed the 

railroad's program modifications and determined that the railroad's program modifications conform with the 

requirements of 49 CFR part 240 for the reasons discussed below. 

Your submission package states that no labor organizations represent the railroad's employees.

The program modifications are consistent with the model of the previously approved railroad programs. FRA 

understands that the modifications are intended to provide more detail to the engineer certification process and 

updated contact information. Additional modifications to the submission also addressed deficiencies with the 

standard requirements of 49 CFR part 240, appendix B. The improvements enhance qualifications for DLSEs. 

Standards have been set concerning re-qualifying over a specific territory. Detailed training standards have 

been established in Section Five of your engineer training program. 

Please continue in your efforts to improve railroad safety on your system. 

Please contact us with any questions regarding this submission at (202) 366-0978 or 

FRAOPCERTPROG@dot.gov or Kevin.Lewis@dot.gov or Kurt.Erickson@dot.gov

Sincerely,

Kurt Erickson

FRA Rail Safety Specialist – Certification 

pp Christian Holt 

Operating Practices Staff Director
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 00217**  **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name 3**  **Description** x 

### 00217\00217_Part A.xls Plant submitted survey file x 

### 00217\00217_Part B.xls Plant submitted survey file x 

### 00217\00217_Part C.xls Plant submitted survey file x 

### 00217\00217_Part D.xls Plant submitted survey file x 

### 00217\00217_Part H.xls Plant submitted survey file



### 00217\Certification Statement_00217.PDF Plant certification statement x 

### 00217\Supplemental Documents\00217 Follow Up Questions.doc Plant submitted supplemental files to the survey



### 00217\Supplemental Documents\00217_Diagrams.pdf Plant submitted supplemental files to the survey 

### 00217\Supplemental Documents\00217_ICR IACoverPage.pdf Plant submitted supplemental files to the survey x 

### 00217\00217_Checklist.xls EPA Technical Review Checklist Workbook



### 00217\00217_Completeness_Checklist.xls EPA Completeness Review Checklist

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database

. 2Copyright documents are available from the docket. 3No hardcopy log is included for this plant as no hardcopy materials were received.
# C_2007199EN.01002901.xml

| 25.8.2007 | EN | Official Journal of the European Union | C 199/29 |
| --- | --- | --- | --- |

25.8.2007

EN

Official Journal of the European Union

C 199/29

---

Judgment of the Court of First Instance of 12 July 2007 — CB v Commission

(Case T-266/03) (1)

1

(Competition - Agreements, decisions and concerted practices - Bankcards - Decision ordering an investigation - Article 14(3) of Regulation No 17 - Statement of reasons - Proportionality)

(2007/C 199/53)

Language of the case: French

Parties

Applicant: Groupement des cartes bancaires (CB) (Paris, France) (represented by: A. Georges and J. Ruiz Calzado, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: initially T. Christoforou and O. Beynet and then by T. Christoforou and F. Arbault, Agents)

Defendant:

Re:

Firstly, action for the annulment of Commission Decision C(2003) 1524/9 of 7 May 2003 in Case COMP/D1/38.606 ordering Groupement des cartes bancaires and its subsidiaries to submit to an investigation under Article 14(3) of Council Regulation No 17: First Regulation implementing Articles [81] and [82] of the Treaty (OJ, English Special Edition, Series I Chapter 1959-1962, p. 87), as amended, and, secondly, action for the removal from the file of all documents and other evidence brought to the knowledge of the Commission during the investigation and for their return to the applicant

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders the applicant to pay the costs. |
| --- | --- |

2.

Orders the applicant to pay the costs.

---

(1)  OJ C 251, 18.10.2003.

1

---
EXHIBIT 32.01





CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








I, Nicholas Woodman, Chief Executive Officer of GoPro, Inc., do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge, the Annual Report on Form 10-K/A of GoPro, Inc. for the year ended December 31, 2016 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of GoPro, Inc. for the periods presented herein.








By: /s/ Nicholas WoodmanNicholas WoodmanChief Executive Officer(Principal Executive Officer)May 25, 2017





I, Brian McGee, Chief Financial Officer of GoPro, Inc., do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge, the Annual Report on Form 10-K/A of GoPro, Inc. for the year ended December 31, 2016 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of GoPro, Inc. for the periods presented herein.





By: /s/ Brian McGeeBrian McGeeChief Financial Officer(Principal Financial Officer)May 25, 2017





A signed original of this written statement required by Section 906 has been provided to GoPro, Inc. and will be retained by GoPro, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32.1
                                                                    ------------

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 Quarterly Report of TSR, Inc. (the "Company") on Form
10-Q for the period ended August 31, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, J.F. Hughes, Chief
Executive Officer of the Company, 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.

The foregoing certification is incorporated solely for the purposes of complying
with the provisions of Section 906 of the Sarbanes-Oxley Act and is not intended
to be used for any other purpose.



/s/ J.F. Hughes
---------------------------------
Chairman of the Board,
Chief Executive Officer
and Director
October 10, 2008
Patrick Haskell will serve as Chairman and Co-Chief Executive Officer effective as of June 17, 2008 for a term of three years


Exhibit 10.6




“Summary Sheet” of Employment Agreement 

with Michael R. Donn, Sr.  







On June 30, 2008, the Board of Directors approved a financial package and authorized the entry into an Employment Agreement with Michael R. Donn, Sr., our Chief Operating Officer.  Mr. Donn is receiving an annual base salary of $125,000.  His salary will either accrue or be payable in common stock until Ecosphere has sufficient cash resources.  Additionally, Mr. Donn was granted 500,000 non-qualified stock options and cash settled stock appreciation rights (“SARs”) in tandem, exercisable at $0.47 per share over a five-year period.  The SARs are only exercisable if the Company does not have sufficient authorized capital to permit all outstanding options and warrants to be exercised.  Of the options and SARs, 200,000 vested immediately and the remaining vest ratably on June 30, 2009 and 2010, subject to his continued employment with the Company on the applicable vesting dates.
# C_2008273EN.01000502.xml

| 28.10.2008 | EN | Official Journal of the European Union | C 273/5 |
| --- | --- | --- | --- |

28.10.2008

EN

Official Journal of the European Union

C 273/5

---

Non-opposition to a notified concentration

(Case COMP/M.5296 — Deutsche Bank/ABN AMRO Assets)

(Text with EEA relevance)

(2008/C 273/03)

On 1 October 2008, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32008M5296. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32008M5296. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
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# Conservation invest now for our energy future: Energy Awareness Month, October 1986

                - U.S. Government Posters

## Description

                    -           Title        
                    -  Conservation invest now for our energy future: Energy Awareness Month, October 1986 
                    -           Creator        
                    -  United States. Department of Energy 
                    -           Publisher        
                    -  United States. Department of Energy 
                    -           Subject: Time        
                    -  1980-1990 
                    -           Physical Description        
                    -  156 × 44 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Ideal Contex Magnum G600 54 Plus at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at the University of Iowa Libraries: lib-govpub@uiowa.edu 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 
                    -           Identifier        
                    -  018910974.jpg; 018910974.jpg 

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ex_10-3.htm


    
      
        
          
            
              

              

            

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<PAGE>

                                                                    EXHIBIT 10.2

                                                June 25, 2003

Wachovia Bank, National Association, as Administrative Agent
191 Peachtree Street, N.E.
Atlanta, Georgia 30303
Attention: Gene Wilson

Ladies and Gentlemen:

                  Reference is made to that certain letter dated as of even date
herewith (the "Termination Letter") terminating (i) the Receivables Purchase
Agreement, dated as of September 21, 2001, as amended from time to time through
the date hereof (the "Financing Agreement"), among TBSPV, INC. ("SPC") and
Thomas & Betts Corporation, a Tennessee corporation ("T&B", and together with
SPC, each may hereinafter be referred to individually as a "Company" and
collectively as the "Companies"), Blue Ridge Asset Funding Corporation and
Wachovia Bank, National Association (formerly known as Wachovia Bank, N.A.), as
securitization agent for certain parties thereunder ("Securitization Agent"),
and (ii) all guaranties, security agreements, mortgages, subordination
agreements, intercreditor agreements, pledge agreements, notes and other
documents and instruments relating thereto (together with the Financing
Agreement, collectively, the "Financing Documents").

                  Notwithstanding anything set forth or implied to the contrary
in the Termination Letter, the Company acknowledges and agrees that the receipt
by Securitization Agent of the Payoff Amount (as defined in the Termination
Letter) shall not release either Company, or any of Company's subsidiaries,
affiliates, shareholders, partners, representatives, joint ventures or
guarantors from any liability, obligation, lien, security interest or
indebtedness in favor of Wachovia Bank, National Association as a lender or
administrative agent with respect to the proposed Credit Agreement, dated on or
about the date hereof, among T&B, certain of its subsidiaries, the lenders party
thereto, Wachovia Bank, National Association, as issuing bank, Wachovia
Securities, Inc., as arranger and Wachovia Bank, National Association, as
administrative agent.

                                                        /s/ Thomas C. Oviatt

                                                        Thomas C. Oviatt
                                                        Vice President-Treasurer