alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                     EXHIBIT 4.2

                               FIRST AMENDMENT TO
                      THE BORON, LEPORE & ASSOCIATES, INC.
                              AMENDED AND RESTATED
                        1996 STOCK OPTION AND GRANT PLAN


          WHEREAS, on April 25, 1998 the Board of Directors voted to increase
the base number of shares reserved for issuance under the Plan by 1,000,000
shares and to increase the number of shares for which incentive options may be
issued under the Plan by 1,000,000 shares; and

          WHEREAS, the Stockholders of the Company approved such amendments at
the 1997 Annual Meeting of Stockholders of the Company held on June 4, 1998.

          NOW, THEREFORE, the Plan is hereby amended as follows:

          1.  Section 3(a)(i) - The reference to 3,000,000 shares is deleted
              substituting therefor "4,000,000 shares."

          2.  Section 3(a)(ii)- The reference to 3,000,000 shares is deleted and
              substituting therefor "4,000,000 shares."

          3.  Except as otherwise amended herein, the Plan is hereby affirmed in
              all other respects.

          IN WITNESS WHEREOF, the undersigned has hereunto signed his name as of
this June 4, 1998.


                                          /s/ Patrick G. LePore
                                          ------------------------
                                          Patrick G. LePore
                                          Chairman and Chief Executive Officer


                                      6
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Notices]
[Pages 28848-28849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13327]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

[Docket No. 9372]


1-800 Contacts, Inc. Oral Argument Before the Commission

AGENCY: Federal Trade Commission.

ACTION: Oral argument; open meeting.

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

SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') will 
meet on Tuesday, June 26, 2018, in Room 532 of the FTC Building for an 
Oral Argument In the Matter of 1-800 Contacts, Inc. The public is 
invited to attend and observe the open portion of the meeting, which is 
scheduled to begin at 2:00 p.m. The remainder of the meeting will be 
closed to the public.

DATES: Oral argument is scheduled for June 26, 2018 at 2:00 p.m.

ADDRESSES: Federal Trade Commission Building, 600 Pennsylvania Avenue 
NW, Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Donald S. Clark, Secretary, Office of 
the Secretary, 600 Pennsylvania Avenue NW, Washington, DC 20580, 202-
326-2514.

SUPPLEMENTARY INFORMATION:

Open Meeting

    (1) Oral Argument In the Matter of 1-800 Contacts, Inc., Docket No. 
9372.

Closed Meeting

    (2) Executive Session to follow Oral Argument In the Matter of 1-
800 Contacts, Inc., Docket No. 9372.

Record of Commission's Vote

    On June 15, 2018, the five Commissioners were recorded as voting in 
the affirmative to conduct Matter Number One in open session, and to 
close Matter Number Two, and to withhold from this meeting notice such 
information as is exempt from disclosure under 5 U.S.C. 552b(c).

Commission's Explanation of Closing

    The Commission has determined that Matter Number Two may be closed 
under 5 U.S.C. 552b(c)(10), and that the public interest does not 
require the matter to be open.

[[Page 28849]]

General Counsel Certification

    The General Counsel has certified that Matter Number Two may 
properly be closed, citing the following relevant exemptive provision: 
5 U.S.C. 552b(c)(10).

Expected Attendees

    Expected to attend the closed meeting are the Commissioners 
themselves, an advisor to one of the Commissioners, and such other 
Commission staff as may be appropriate.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018-13327 Filed 6-20-18; 8:45 am]
 BILLING CODE 6750-01-P
### Page 1 of 3 **Disposition Comments Docket No:**  

### FAA - 201 2 - 001 8 SNPRM **Directorate ID:** 

### 201 1 - CE - 0 42 - AD Originating Office Tracking No.: 

### NO COMMENTS RECEIVED

– If this box is checked, no s ignatures are required. 

### Has the reference d service information been revised since the NPRM was issued? I f ye s, list latest revision and attach a cop y. Note that changes beyond the scope of the previously published NPRM will require a new notice. Contact the Directorate focal point for guidance. Instructions: Summarize all comments **by issue** (not by commenter) and provide your recommended resolution of each issue. **All comments relating to the sam e issue should be discussed together.**  Do not list all of the issues from one commenter together. If changes to the AD are required based on the comments received, explain why and describe in detail what change(s) you recommend. Reference FAA - IR- M - 8040.1C Chapter 9. **ISSUE 1:** Select one o

f the following : If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the fol lowing changes to the AD: If **PARTIALLY AGREE** , we agree with because We disagree with because

Make the following changes to the AD: If **NO** , we don’t agree because **ISSUE 2**  **:** Select one of the following :

If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree with because We disagree with because Make the following changes to the AD: If **NO** , we don’t agree because

### Page 2 of 3

**For additional issues, double -**  **click here** 

### Page 3 of 3 **S ignature Section**  Signature indicates concurrence with this action. Originating Office Tracking No.:
**ASE Date** 

**Branch Manager Date**
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                           9,092
<SECURITIES>                                 6,231,369
<RECEIVABLES>                                8,794,968
<ALLOWANCES>                                   377,890
<INVENTORY>                                 11,198,563
<CURRENT-ASSETS>                            27,596,856
<PP&E>                                       8,001,546
<DEPRECIATION>                               3,669,732
<TOTAL-ASSETS>                              32,131,515
<CURRENT-LIABILITIES>                        9,338,506
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    19,722,865
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                32,131,515
<SALES>                                     52,133,510
<TOTAL-REVENUES>                            52,133,510
<CGS>                                       43,131,558
<TOTAL-COSTS>                               43,131,558
<OTHER-EXPENSES>                             4,616,891
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             190,989
<INCOME-PRETAX>                              4,194,072
<INCOME-TAX>                                 1,467,925
<INCOME-CONTINUING>                          2,726,147
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,726,147
<EPS-PRIMARY>                                      .60
<EPS-DILUTED>                                      .55
        

</TABLE>
<PAGE>

                               [RCG LETTERHEAD]

                                                                     EXHIBIT 4.2

                                                5635 E. Thomas Road.
                                                Phoenix, Az. 85018
                                                (602) 675-0400
                                                (602) 675-0480
                                                mramras@regonline.com


July 12, 2000


Mr. David H. Dingus
President & COO
AZZ incorporated.
P.O. Box 668
400 North Tarrant
Crowley, TX 76036

In line with our recent discussion and verbal agreement, the original engagement
agreement between Aztec Manufacturing Co. ("AZZ") and RCG Capital Markets Group,
Inc., ("RCG") dated February 7, 2000 shall be amended to reflect the following
changes:

Referencing paragraph (c) of the Financial Relations Compensation Attachment,
the option exercise price shall be adjusted from $10.13 to $16.25 for those
particular vesting elements and related percentages which occur by securing
research and/or media events as described in that attachment. Furthermore, the
option exercise price for the vesting event which occurs upon obtaining a 12.5
P/E ratio, shall be adjusted to become the closing stock price of AZZ common
stock on the 45th day when achievement has been obtained for that vesting
element. All other option elements vested to date shall remain as per the terms
and conditions of the original attachment.

In addition, by execution of this amendment, both parties acknowledge and agree
that the July 7, 2000 termination letter tendered by AZZ is hereby withdrawn by
the Company.

All other terms, provisions and conditions of the original engagement agreement
shall remain in effect and shall continue to govern the on-going consulting
relationship between RCG and AZZ.

Sincerely,

/s/ A. Max Ramras

A. Max Ramras
President and CEO


Accepted:



AZZ incorporated
Dated:
       ------------------
PUBLIC

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Lina M. Khan, Chair

Rebecca Kelly Slaughter

Alvaro M. Bedoya

 DOCKET NO. 9412

 

ORDER DENYING RESPONDENTS’ MOTION TO MODIFY ORDER 

SETTING HEARING DATE

On December 8, 2022, the Commission issued an administrative complaint seeking 

to block the acquisition of Activision Blizzard, Inc. by Microsoft Corp. On June 12, 2023, 

Commission staff filed a Complaint in the United States District Court for the Northern 

District of California seeking to enjoin the transaction pending completion of the 

administrative proceeding. The district court held an evidentiary hearing and denied the 

request for preliminary injunction. FTC v. Microsoft Corp., 2023 WL 4443412 (N.D. Cal. 

July 10, 2023). The Commission appealed the district court’s decision to the United States

Court of Appeals for the Ninth Circuit, and oral argument was held on December 6, 2023.

The evidentiary hearing in the administrative proceeding is set to commence twenty-one 

days after the Ninth Circuit issues its opinion on the Commission’s appeal. See Order 

Returning Matter to Adjudication (Sept. 26, 2023) (“Sept. 26 Order”).

On November 16, 2023, Respondents filed a Motion to Modify Order Setting 

Hearing Date requesting that the evidentiary hearing before the Administrative Law Judge 

commence twenty-one days after the Ninth Circuit’s decision or on May 6, 2024, whichever 

is later. Respondents request the modification to avoid a potential conflict for Microsoft’s 

trial counsel, who have a scheduled federal trial in In re NFL’s Sunday Ticket Antitrust 

Litigation, No. 2:15-ml-02668 (C.D. Cal). That trial is scheduled to begin on February 22, 

2024 and could last six weeks or more. Motion at 2.

In the Matter of

Microsoft Corp., 

 a corporation,

and

Activision Blizzard, Inc.,

 a corporation.
PUBLIC

We find Respondents’ Motion premature. Respondent’s Motion is predicated on two 

uncertain events, the timing of the Ninth Circuit’s decision on the Commission’s appeal and 

the length of the trial in the Sunday Ticket litigation. Currently, a possible conflict for 

Microsoft’s trial counsel between the evidentiary hearing in this proceeding and the Sunday 

Ticket litigation is only hypothetical. There is no good cause to modify the hearing date.

Consequently, we will not reschedule the evidentiary hearing in this proceeding at this time. 

As we have previously explained, “the public interest warrants that this matter be resolved 

fully and expeditiously.” Sept. 26 Order at 1. In the event that an actual conflict becomes 

imminent, Respondents may renew their request that the hearing date be modified.

Accordingly, 

IT IS HEREBY ORDERED THAT Respondents’ Motion to Modify Order Setting 

Hearing Date is DENIED, without prejudice, and that the evidentiary hearing in this 

proceeding is scheduled to commence at 10:00 a.m., twenty-one days after the issuance of 

the Ninth Circuit’s opinion on the Commission’s appeal of the district court decision in 

Federal Trade Commission v. Microsoft Corp.

By the Commission.

April J. Tabor

Secretary

SEAL:

ISSUED: 1/11/2024
Exhibt 10.4

                                 HPL LETTERHEAD

To:

From:

Date:    _______, 2001


HPL Technologies, Inc. is pleased to grant you an option to purchase ______
shares of Common Stock of HPL Technologies, Inc. at an exercise price of $ __
per share, as of _________, 2001 (the "Grant Date"). Each year for _____
years, _______ percent (__%) of the option shares will become exercisable on
the anniversary of the Grant Date. The option to purchase these shares
expires ____ years from the Grant Date. The option is
[an incentive stock option][non-statutory stock option] for tax purposes.

This stock option is governed by the terms of the Amended and Restated 2001
Equity Incentive Plan, (the "Plan"), a copy of which is attached as Exhibit A to
this letter.

[This stock option may be exercised prior to the dates of exercise provided
above; however all shares so acquired will be subject to Reverse Vesting, as
defined in the Plan.]

[Stock purchased under the option may be subject to re-purchase rights and
re-sale restrictions, as provided in the Plan and in the option exercise
documents, copies of which may be obtained from the Human Resources Department.]

We appreciate your efforts and thank you for your continued contribution.


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

[President]
----------

OPTIONEE ACCEPTS, AND AGREES TO BE BOUND BY, ALL TERMS AND CONDITIONS OF THE
PLAN AND THIS LETTER.


-------------------------------     -------------------
Optionee                            Date
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM S.D. WARREN
COMPANY'S (THE "COMPANY") CONDENSED STATEMENT OF OPERATIONS FOR THE YEAR ENDED
9/27/95 AND BALANCE SHEET AS OF 9/27/95 FOUND ON PAGES 21 & 22, RESPECTIVELY, 
OF THE COMPANY'S ANNUAL REPORT ON FORM 10-K/A FOR THE YEAR ENDED 9/27/95,
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-27-1995
<PERIOD-START>                             DEC-21-1994
<PERIOD-END>                               SEP-27-1995
<CASH>                                          62,200
<SECURITIES>                                         0
<RECEIVABLES>                                  135,000
<ALLOWANCES>                                   (5,600)
<INVENTORY>                                    226,500
<CURRENT-ASSETS>                               462,600
<PP&E>                                       1,215,700
<DEPRECIATION>                                  65,000
<TOTAL-ASSETS>                               1,887,600
<CURRENT-LIABILITIES>                          285,000
<BONDS>                                      1,048,800
<PREFERRED-MANDATORY>                           74,500
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     364,800
<TOTAL-LIABILITY-AND-EQUITY>                 1,887,600
<SALES>                                      1,155,800
<TOTAL-REVENUES>                             1,155,800
<CGS>                                          886,000
<TOTAL-COSTS>                                  886,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               200,000
<INTEREST-EXPENSE>                             106,000
<INCOME-PRETAX>                                 70,300
<INCOME-TAX>                                    28,200
<INCOME-CONTINUING>                             42,100
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    42,100
<EPS-PRIMARY>                                      330
<EPS-DILUTED>                                      330
        

</TABLE>
#### Guillame DANOS, Sr., Administrator v. WATERFORD OIL COMPANY et al.

No. 7754.

Court of Appeal of Louisiana. First Circuit.

April 14, 1969.

*708William J. Daly, New Orleans, William J. White, Gretna, for appellant.

Chaffe, McCall, Phillips, Burke, Toler & Sarpy, Milling, Saal, Saunders, Benson & Woodward, New Orleans, Peltier & Peltier, Thibodaux, Melvin Evans and Charles B. Jarrett, Bernard Caillouet and Lancelot P. Olinde, New Orleans, for appellees.

Before LOTTINGER, ELLIS and BAILES, JJ.

ELLIS, Judge.

This is a motion to dismiss a devolutive appeal taken by plaintiffs herein from a judgment sustaining a dilatory exception of lack of procedural capacity and non joinder of necessary parties plaintiff.

This suit was brought by Guillame Danos, Sr., in his capacity as Administrator of the Succession of Bazelike Mire, wife of and Urbin Danos. A number of exceptions were filed, including exceptions of lack of procedural capacity and non-joinder of necessary parties plaintiff. The judge found that, since the decedents had been dead for 68 and 79 years respectively, and whatever rights they had had long since been transmitted to their heirs, there was nothing in the succession to be administered and that Guillame Danos, Sr., therefore, had no capacity to appear in court. He further found that the proper parties were the heirs of the decedents, and decreed that the petition might be amended within 90 days to join them as parties plaintiff, otherwise the suit would be dismissed.

Plaintiff has taken a devolutive appeal therefrom.

The motion to dismiss is based on the proposition that the judgment signed by the court is interlocutory in that the suit will not be dismissed if the heirs of the decedents either intervene or are joined as parties plaintiff within 90 days, and the judgment accordingly is not appealable, under Article 2083 of the Code of Civil Procedure.

The motion is not well taken. The judgment appealed from makes a final determination of the right of plaintiff, in his representative capacity, to prosecute this suit, irrespective of the intervention of the heirs. We do not think it important whether the exception is called a dilatory exception of procedural capacity or a peremptory exception of no right of action. A judgment, order or decree which finally settles any matter in controversy is ap-pealable. Cary v. Richardson, 35 La.Ann. 505 (1883).

The motion to dismiss the appeal is denied, at mover’s cost.

Motion denied.
Motion Granted, Appeal Dismissed, and Memorandum Opinion filed January

25, 2022.

In The

Fourteenth Court of Appeals

NO. 14-21-00518-CV

JENNIFER MELINDA GARDNER BRATTON, Appellant

v.

MARK BRATTON, Appellee

On Appeal from the 247th District Court

Harris County, Texas

Trial Court Cause No. 2015-12677

MEMORANDUM OPINION

This is an appeal from a final order signed August 13, 2021. On December 

31, 2021, appellant filed a motion to voluntarily dismiss the appeal. See Tex. R. App. 

P. 42.1(a). The motion is granted, and the appeal is dismissed.

PER CURIAM

Panel consists of Justices Wise, Spain, and Hassan.
Exhibit 32.3





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350





The undersigned, Chief Executive Officer of Colonial Properties Trust, the general partner of Colonial Realty Limited Partnership, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge on the date hereof:





(a)     The Form 10-K of Colonial Realty Limited Partnership for the period ended December 31, 2010 filed on the date hereof with the Securities and Exchange Commission (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(b)    Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Colonial Realty Limited Partnership.








Date:February 28, 2011By:/s/Thomas H. LowderThomas H. LowderChief Executive Officer of Colonial PropertiesTrust, the general partner of ColonialRealty Limited Partnership
I 

116TH CONGRESS 

2D SESSION H. R. 7967 

To designate the facility of the United States Postal Service located at 

1050 Sunset Road Southwest in Albuquerque, New Mexico, as the ‘‘Jose 

Hernandez Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 7, 2020 

Ms. HAALAND (for herself, Mr. LUJA ́N, and Ms. TORRES SMALL of New Mexico) introduced the following bill; which was referred to the Committee 

on Oversight and Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 1050 Sunset Road Southwest in Albuquerque, 

New Mexico, as the ‘‘Jose Hernandez Post Office Building’’. 

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

3 SECTION 1. JOSE HERNANDEZ POST OFFICE BUILDING. 

4 (a) DESIGNATION.—The facility of the United States 

5 Postal Service located at 1050 Sunset Road Southwest in 

6 Albuquerque, New Mexico, shall be known and designated 

7 as the ‘‘Jose Hernandez Post Office Building’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 7967 IH

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the ‘‘Jose Hernandez Post 

5 Office Building’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
<PAGE>

                                                                    EXHIBIT 21.1

                     LIST OF SUBSIDIARIES OF THE REGISTRANT

Jurisdiction of Incorporation of Subsidiary or Organization...1. P-Com United
Kingdom, Inc., Delaware; 2. P-Com (Barbados) FSC Limited, Barbados; 3 P-Com
Finance Corporation, Delaware; 4. P-Com Italia S,p.A., Italy; 5. P-Com Network
Services, Inc., Delaware; 6. P-Com GmbH, Germany; 7. Telematics Inc., Virginia;
8. P-Com Network Services (UK) Limited, England; 9. P-Com Corp., Int'l (Cayman)
Ltd., Cayman Islands.