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






EXHIBIT 10.32 
FIFTH AMENDMENT TO TRUST AGREEMENT NO. 8
This Fifth Amendment to Trust Agreement No. 8 is entered into effective as of October 28, 2015 by and between Cliffs Natural Resources Inc., f/k/a Cleveland-Cliffs Inc., an Ohio corporation (the “Company”), and KeyBank National Association, the successor in interest to Key Trust Company of Ohio, N.A., a national banking association, as Trustee (the “Trustee”).  Capitalized terms not defined herein shall have the meanings assigned to such terms in Trust Agreement No. 8.
WITNESSETH
WHEREAS, on April 9, 1991 the Company and the Trustee entered into Trust Agreement No. 8; 
WHEREAS, Section 12 of Trust Agreement No. 8 provides that such Trust Agreement may be amended by the Company and the Trustee;
WHEREAS, Section 9(c) of Trust Agreement No. 8 provides that Exhibit A thereto may be amended by the Company by providing to the Trustee an amendment thereto; 
WHEREAS, Section 12(b) of Trust Agreement No. 8 provides that the Trust shall terminate on the date on which the Trust no longer contains any assets, or, if earlier, the date on which each Director is entitled to no further payments thereunder; 
WHEREAS, Section 12(c) of Trust Agreement No. 8 provides that any assets remaining in the Trust shall be returned to the Company; and
NOW, THEREFORE, the Company and the Trustee hereby amend Trust Agreement No. 8 to provide as follows:
		
	1.
	Exhibit A is amended in its entirety to read as attached hereto, to clarify that no Director is entitled to further payments under the Trust Agreement No. 8.


		
	2.
	In accordance with Section 12(b) of Trust Agreement No. 8, the Trust is hereby terminated.


		
	3.
	In accordance with Section 12(c) any assets remaining in the Trust shall be returned to the Company.















IN WITNESS WHEREOF, the Company and the Trustee have caused counterparts of this Fifth Amendment to be executed on this 24th day of November, 2015, each of which shall be an original Amendment.




	
		
	CLIFFS NATURAL RESOURCES INC.



	 
	 

	 
	 

	By:
	/s/ James D. Graham

	Title:
	Executive Vice President, Chief Legal Officer and Secretary



	 
	 

	 
	 

	 
	 

	KEYBANK NATIONAL ASSOCIATION, AS TRUSTEE

	 
	 

	 
	 

	By:
	/s/ Lester Dryja

	Title:
	Vice President

	 
	 

	By:
	/s/ Thor Haraldsson

	Title:
	Senior Vice President















EXHIBIT A


Effective October 28, 2015




CLIFFS NATURAL RESOURCES INC.
PARTICIPANTS IN RETIREMENT PLAN FOR NON-EMPLOYEE DIRECTORS




No Participants
Exhibit




EXHIBIT 10.26








To the Borrower 1:


Xylem Holdings S.à r.l
11, Breedewues, L-1259 Senningerberg 


Attention: Board of Managers




To the Borrower 2:


Xylem International S.à r.l.
11, Breedewues, L-1259 Senningerberg 


Attention: Board of Managers


To the Guarantor:


Xylem Inc
1 International Drive, 
Rye Brook, NY 10573, USA


Attention: General Counsel
DHL




Luxembourg, 3rd December 2015                     JUOPS/MB/CAJ/jw/2015-3602




		
	Subject:
	XYLEM WATER TECHNOLOGIES (RSFF) (Serapis No 2012-0216, FI N° 81.921) 




Finance contract between the European Investment Bank (the “Bank”) and Xylem Holdings S.a.r.l. (as “Borrower 1”) and Xylem International S.a.r.l. (as “Borrower 2”) and Xylem Inc. (as “Guarantor”), dated 14 December 2012 and as first amended and restated on 4 December 2013 and as amended on 28 June 2014 and 20 April 2015 (the “Finance Contract”).


(Borrower 1, Borrower 2 and the Guarantor, collectively the “Parties”.)


                        Amendment






Dear Sirs,


Reference is made to your request to extend by a further 3.6 months the Final Availabilty Date. 
Unless otherwise defined in this letter, defined terms used in the Finance Contract shall have the same meaning when used herein. 
		
	1.
	Amendments


The Bank and the Parties agree that the definition of the Final Availability Date in the Finance Contract shall be amended to be 31 March 2016.

1








		
	2.
	Governing law


Articles 11.01 and 11.02 of the Finance Contract shall apply to this letter, mutatis mutandis, as if they were set out herein. 


In order to indicate your agreement to the above, we kindly request you to initial each page of the five originals of this Letter (other than the signatory page) and to date and duly sign each of the five originals. Please return to us two originals at your earliest convenience, including evidence of authorisation of the signatories of the Parties to sign and execute this letter. You may each retain one original for your records. 




Yours faithfully,
EUROPEAN INVESTMENT BANK












Elina Kamenitzer          Hanna Karczewska 
Head of Division            Head of Division 








Agreed and accepted for and on behalf of:
Xylem Holdings S.à r.l. (as Borrower 1)








Name: Samir Patel            Danielle Kolbach
Title: Manager                Manager    
Date: 8/12/2015                14/12/2015


Agreed and accepted for and on behalf of:
Xylem International S.à r.l. (as Borrower 2)








Name: Samir Patel            Danielle Kolbach
Title:  Manager                Manager
Date: 8/12/2015                14/12/2015




Agreed and accepted for and on behalf of:
Xylem Inc. (as  Guarantor)








Name: Samir Patel    
Title: VP - Treasuer
Date: 8/12/2015



2
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 this Quarterly Report
of Mojo Data Solutions, Inc. (the “Company”), on Form 10-Q for the period ended June 30, 2016, as filed with the U.S.
Securities and Exchange Commission on the date hereof, I, Joseph Spiteri, Chief Executive Officer of the Company, certify to the
best of my knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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 results of operations of the Company.



|Date: September 6, 2018 | By: | /s/ Joseph Spiteri                                
|----------------------- | --- | --------------------------------------------------
|                        |     | Joseph Spiteri                                    
|                        |     | Chief Executive Officer, Mojo Data Solutions, Inc.

| |  | 
| |  |
S. J. Res. 29 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

Joint Resolution 

Providing for the appointment of Risa Lavizzo-Mourey as a citizen regent of the 

Board of Regents of the Smithsonian Institution. 

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That, in accordance with section 5581 of the Revised Statutes of the United States 

(20 U.S.C. 43), the vacancy on the Board of Regents of the Smithsonian Institution, in the class other than Members of Congress, 

occurring by reason of the expiration of the term of Patricia Q. 

Stonesifer of Washington, DC, on December 21, 2013, is filled 

by the appointment of Risa Lavizzo-Mourey of Pennsylvania. The 

appointment is for a term of 6 years, beginning on the later of 

December 22, 2013, or the date of enactment of this joint resolution. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
1 Pursuant to 5 TH C IR

. R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED

February 12, 2004

Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-10709 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE CARBAJAL-MARTINEZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:03-CR-00035-ALL

-------------------- Before SMITH, DUHÉ, and WIENER, Circuit Judges.

PER CURIAM: 1

Jose Carbajal-Martinez appeals his 180-month sentence

following his guilty-plea conviction for illegal reentry into the

United St ates following a deportation subsequent to a conviction

for an aggravated felony, in violation of 8 U.S.C. § 1326(a),

(b)(2). Carbajal contends that the district court erred in

departing upward from a guideline sentencing range of 77 to 96

months.2

Carbajal argues that the district court made several erroneous

factual findings. After reviewing the record, we conclude that the

district court’s factual findings regarding the nature and extent

of Carbajal’ s criminal history were not clearly erroneous. S ee

United States v. Harris

, 293 F.3d 863, 871 (5th Cir.), cert.

denied , 537 U.S. 950 (2002).

Carbajal also argues that the dis trict court’s reasons

for departure were not supported by the facts of the case.

The district court correctly found that Carbajal’s criminal history

category significantly under-represented the seriousness of his

criminal history. Additionally, his criminal history category

failed to adequately reflect Carbajal’s likelihood for recidivism.

Thus, whether the standard of review is abuse of discretion or de

novo , the district court did not err in departing upward under

U.S.S.G. § 4A1.3, p.s. See U.S.S.G. § 4A1.3, p.s.

The district court’s reas ons for departure, which included

deterrence and the protection of the public, were acceptable. S ee

United States v. Ashbur n , 38 F.3d 803, 807 (5th Cir. 1994) (en

banc). The extent of the departure was reasonable and, a t

sentencing, the district court adequately articulated its reasons

for the extent of the upward departure. S ee United States v.

Daughenbaugh

, 49 F.3d 171, 175 (5th Cir. 1995); United States v.

Lambert , 984 F.2d 658, 662-63 (5th Cir. 1993) (en banc).

Carbajal argues that the district court did not give

sufficiently specific written reasons for the extent of its upward3

departure. This argument lacks merit. In the written order

of judgment, the district court adopted, by reference, as its

reasons the factual findi ngs and legal conclusions found in

the presentence report and those made at sentencing. Thus, the

district court did give specific reasons for the extent of the

departure. See 18 U.S.C. § 3553(c).

AFFIRMED.
<PAGE     1
                                                              EXHIBIT 10.(XXXIV)
                      (NEVADA MANHATTAN MINING LETTERHEAD)

May 11, 1998


Mr. Roy Skluth
Ralph Financial
116 Avenue I
Redondo Beach, CA  90277

Addendum No. 2 to April 22, 1998 Letter Agreement

Dear Roy:

As you are aware,  Nevada  Manhattan Mining Inc. (the "Company") and you entered
into an agreement dated April 22, 1998 relative to the Company's  acquisition of
certain rights relating to 292,598 hectares.  Under the terms of that agreement,
the Company agreed to conditionally issue 5,000,000 shares (the "Shares") of its
common  stock  subject  to its right to cancel the  agreement  and  rescind  the
issuance  of the  Shares if you did not agree to  purchase  a minimum of 500,000
additional shares of restricted Company common stock on or before May 11, 1998.

The  Company  has agreed to extend the time  granted to you in which to purchase
these shares until May 29, 1998, without waiver of or prejudice to its rights to
cancel the letter  agreement  and rescind  the Shares.  The Company may agree to
further extensions to this initial deadline.

Please confirm this addendum by executing a copy of this letter and returning it
to me.

Sincerely,

   /s/ Jeffrey S. Kramer
------------------------
Jeffrey S. Kramer
Chief Operating Officer

AGREED TO AND ACCEPTED:

RALPH FINANCIAL

     /s/ Roy Skluth                                      /s/ Roy Skluth
By:____________________                     By:    ____________________________
      Roy Skluth, an authorized                        Roy Skluth, Individually
        Representative
|   | 1. | the Report fully complies with the requirements of Sections 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 results of operations of the Company. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  August 28, 2012 |   | /s/ David H. Dunn                     |
|----------------------------------|--------|---------------------------------------|
|                             |   | David H. Dunn                         |
|                             |   | President and Chief Executive Officer |
|                             |   |                                  |
|                             |   |                                  |
| Date:  August 28, 2012 |   | /s/ Rick A. Rosinski                  |
|                             |   | Rick A. Rosinski                      |
|                             |   | Chief Operating Officer and Treasurer |
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

March 26, 2007 Clifford W. Taylor, Chief Justice

132252 Michael F. Cavanagh
Elizabeth A. Weaver (20) Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 132252 COA: 270662 Isabella CC: 02-000547-FH BRUCE WAYNE GEYER, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the motion for re consideration of this Court's January 31, 2007 order is considered, and it is DENIED, because it does not appear that the order was entered erroneously.

K ELLY , J., would grant reconsideration.

l0319 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

March 26, 2007

Clerk
Exhibit 31.3
**CERTIFICATION**
I, Edward J. Lysen, the chief financial officer, certify that:
     1. I have reviewed this annual report on Form 10-K of AdvancedEnvironmental Recycling Technologies, Inc.;
     2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report;
     3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
     4. The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
a) Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared;
b) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, asof the end of the period covered by this report based on suchevaluation; and
c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscalquarter in the case of an annual report) that has materially affected,or is reasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and
     5. The registrant’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reporting whichare reasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and
b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’sinternal control over financial reporting.
Dated: March 30, 2004   /s/ EDWARD J. LYSEN   Edward J. Lysen *Chief Financial Officer*
Exhibit




EXHIBIT 10.4


WERNER ENTERPRISES, INC.
NAMED EXECUTIVE OFFICER COMPENSATION




On November 30, 2015, the Compensation Committee (the “Committee”) of the Board of Directors of Werner Enterprises, Inc. (the “Company”) approved the following base salaries and performance-based compensation awards, in the form of annual cash bonuses, for the Company’s principal executive officer, principal financial officer and other named executive officers.  The 2015 annual cash bonuses were awarded under the Company’s discretionary annual cash bonus program and were paid on December 3, 2015.  Such performance-based compensation awards are determined at the sole discretion of the Committee.
 
	
					
	

Name
	 
	

Base Salary
	 
	

Cash Bonus

	Clarence L. Werner
Chairman and Chief Executive Officer
	 
	

$10,000
	 
	

$0

	 
	 
	 
	 
	 

	Gary L. Werner
Vice Chairman (1)
	 
	

$505,000
	 
	

$0

	 
	 
	 
	 
	 

	Derek J. Leathers
President and Chief Operating Officer
	 
	

$519,000
	 
	

$320,000

	 
	 
	 
	 
	 

	John J. Steele
Executive Vice President, Treasurer and Chief Financial Officer
	 
	

$235,000
	 
	

$115,000

	 
	 
	 
	 
	 

	James A. Mullen
Executive Vice President and General Counsel
	 
	

$373,440
	 
	

$120,000

	(1)  Gary L. Werner retired from the Company effective February 12, 2016.
	 
	 
	 
	 








The named executive officers are also eligible to receive long-term incentive compensation, in the form of equity awards, at the sole discretion of the Committee.  Equity awards are granted pursuant to the terms of the Werner Enterprises, Inc. Amended and Restated Equity Plan and either the Form of Notice of Grant of Nonqualified Stock Option, the Form of Restricted Stock Award Agreement or the Form of Performance-Based Restricted Stock Award Agreement, all of which are filed as exhibits to the Company's Form 10-K. To the extent required by SEC regulations, equity awards granted to the Company’s named executive officers are reported on Form 4 filings with the Securities and Exchange Commission.


In addition to the cash and equity compensation described above, certain of the Company’s named executive officers may also receive the following other compensation and perquisites: matching contributions to the Company’s 401(k) retirement savings plan and employee stock purchase plan, personal use of a Company-provided vehicle, country club membership, personal medical care membership program and income tax preparation services.  The named executive officers are also eligible to participate in voluntary health and welfare benefit programs sponsored by the Company.
**Exhibit 32.1**

 

Securities and Exchange Commission

100 F Street, N.E.

Washington, D.C. 20549

 

RE:                           Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)

 

Ladies and Gentlemen:

 

In connection with the Quarterly Report of SandRidge Permian Trust (the “Trust”) on Form 10-Q for the quarterly period ended March 31, 2016 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, not in its individual capacity but solely as the Trustee of the Trust, certifies pursuant to 18 U.S.C. § 1350, that to its knowledge:

 

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

 

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

 

The above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part of the Report or as a separate disclosure document.

 
|   | /s/   Sarah Newell                                                                           |
|--------|----------------------------------------------------------------------------------------------|
|   | Sarah   Newell                                                                               |
|   | Vice   President                                                                             |
|   | The   Bank of New York Mellon Trust Company, N.A., 

as   Trustee of SandRidge Permian Trust |
|   |                                                                                         |

 

May 10, 2016

 

----
Deny and Opinion Filed September 8, 2016 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-16-01043-CV 

IN RE: WESTERN GENERAL AUTOMOBILE INSURANCE COMPANY, Relator 

Original Proceeding from the 298th Judicial District Court 

Dallas County, Texas 

Trial Court Cause No. DC-16-06845 

MEMORANDUM OPINION 

Before Justices Bridges, Myers, and Whitehill 

Opinion by Justice Bridges 

Before the Court is relator’s petition for writ of mandamus in which it seeks relief from 

an order compelling depositions. The facts and issues are well known to the parties, so we need 

not recount them herein. 

To be entitled to mandamus relief, a relator must show both that the trial court has clearly 

abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 

148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based on the record before us, we 

conclude relator has not shown it is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); 

Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). 
Accordingly, we DENY relator’s petition for writ of mandamus and DENY relator’s 

motion to stay the depositions as moot. 

/David L. Bridges/ 

DAVID L. BRIDGES 

JUSTICE