alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment to the PepsiCo Pension Equalization Plan



 Exhibit 10.12 

AMENDMENT TO THE 

PEPSICO PENSION EQUALIZATION PLAN 

DOCUMENT FOR THE 409A PROGRAM 

The PepsiCo Pension Equalization Plan document for the 409A Program is hereby amended as set forth below, effective as of the
“Effective Time” as defined in Amendment No. 1 below. 
  

	1.	The definition of “Key Employee” in Section 2.1(t) is amended by adding the following new paragraph (4) at the end thereof:


 “(4) Identification of Key Employees On and After the Effective Time.
Notwithstanding the foregoing, for the periods on and after the Effective Time (as defined in subparagraph (iii) below), Key Employees shall be identified as follows: 

(i) For the period that begins on the Effective Time and ends on March 31, 2010, Key Employees shall be identified by
combining the lists of Key Employees of all members of the PepsiCo Organization as in effect immediately prior to the Effective Time. The foregoing method of identifying Key Employees is intended to comply with Treas. Reg. § 1.409A-1(i)(6)(i),
which authorizes the use of an alternative method of identifying specified employees that complies with Treas. Reg. §§ 1.409A-1(i)(5) and -1(i)(8) and Section VII.C.4.d of the Preamble to the Final Regulations under Section 409A of
the Code, which permits “service recipients to simply combine the pre-transaction separate lists of specified employees where it is determined that such treatment would be administratively less burdensome.” 

(ii) For periods beginning on or after April 1, 2010, Key Employees under any plan or arrangement sponsored by a
member of the PepsiCo Organization that is subject to Section 409A of the Code shall be identified in accordance with an alternative method of identifying Key Employees under Treas. Reg. § 1.409A-1(i)(5) adopted on a global basis by the
Company for all such plans and arrangements, or if no such alternative method is adopted, in accordance with the default method for identifying Key Employees under Treas. Reg. § 1.409A-1(i)(1), (2), (3) and (4). 

(iii) For purposes of this paragraph (4), “Effective Time” means the earlier of (x) the Effective Time as
defined in the Agreement and Plan of Merger dated as of August 3, 2009, among PepsiAmericas, Inc., PepsiCo, Inc., and Pepsi-Cola Metropolitan Bottling Company, Inc., and (y) the Effective Time as defined in the Agreement and Plan of Merger
dated as of August 3, 2009, among The Pepsi Bottling Group, Inc., PepsiCo, Inc., and Pepsi-Cola Metropolitan Bottling Company, Inc.” 
  

 1 









			
	PEPSICO, INC.
		
	By:	 	   /s/ Cynthia M. Trudell

		 	    Cynthia M. Trudell
	Title:	 	     Senior Vice President and

    Chief Personnel Officer

		
	Date:	 	    2/18/2010


  

			
	APPROVED:
		
	By:	 	   /s/ Stacy L. DeWalt

		 	    PepsiCo, Inc. Law Department

  

 2
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE

.

IN THE 

## A RIZONA 

## C OURT OF 

## A PPEALS

D IVISION O NE

STATE OF ARIZONA , Respondent ,

v.

SANDY PERRANOSKI SAULSBERRY , Petitioner

.

No. 1 CA

- CR 21

- 0022 PRPC

Petition for Review from the Superior Court in Yuma County

No. S1400CR201701124 The Honorable Stephen J. Rouff , Judge Pro Tempore
REVIEW GRANTED; RELIEF DENIED

COUNSEL

Yuma County Attorney ’ s Office , Phoenix By Charles Platt Counsel for Respondent
Sanford P. Saulsberry , Florence Petitioner FILED 6-10-2021STATE v. SAULSBERRY Decision of the Court

2 MEMORANDUM DECISION Presiding Judge Paul J. McMurdie, Judge Cynthia J. Bailey, and Judge Lawrence F. Winthrop delivered the following decision.

PER CURIAM :
¶1 Petitioner Sanford P. Saulsberry seeks review of the superior court’s order denying his petition for post

- conviction relief, filed pursuant to Ariz ona Rule of Criminal Proce dure 32. This is Petitioner’s first petition.
¶2 Absent an abuse of discretion or error of law, this court will not disturb a superior court’s ruling on a petition for post

- conviction relief. State v. Gutierrez , 229 Ariz. 573, 577, ¶ 19 (2012). It is the petitioner’s burden to show that the superior court abused its discretion by denying the petition for post

- conviction relief. See State v. Poblete , 227 Ari z. 537, 538, ¶ 1 (App. 2011) (petitioner has burden of establishing abuse of discretion on review).
¶3 W e have reviewed the record in this matter, the superior court’s order denying the petition for post

- conviction relief, and the petition for review. We find t he petitioner has not established an abuse of discretion.
¶4 We grant review but deny relief.
Exhibit 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER, SECTION 906

CERTIFICATION
PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Kenneth J. Kencel, the President (Principal Executive Officer) of Carlyle GMS Finance, Inc. (the Company),
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 my knowledge:



| |  |  | the Form 10-Q of the Company for the three months ended March 31, 2013 as filed with the Securities and Exchange Commission on the date hereof
(the Form 10-Q), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
| | - |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | - |  | -------------------------------------------------------------------------------------------------------------------------------------------------------



Dated: May 28, 2013/s/ Kenneth J. KencelKenneth J. Kencel President (Principal Executive Officer)




|* | The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure
document.
|- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-14-00121-CR

CHARLES RAY MILLER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 8th District Court

Hopkins County, Texas

Trial Court No. 1423718

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley
2

MEMORANDUM OPINION

In cause numbers 06-14-00120-CR through 06-14-00129-CR, Charles Ray Miller appeals 

from ten separate convictions for indecency with a child by contact. Miller has filed a single 

brief in which he raises an issue common to all of his appeals. Miller argues that he received 

ineffective assistance of counsel during the punishment phase of his trial. 

We addressed this issue in detail in our opinion of this date on Miller’s appeal in cause 

number 06-14-00120-CR. For the reasons stated therein, we likewise conclude in this matter that 

Miller failed to demonstrate (1) that his counsel’s performance fell below an objective standard 

of reasonableness and (2) that there is a reasonable probability that, but for counsel’s 

unprofessional errors, the result of the proceeding would have been different. Strickland v. 

Washington, 466 U.S. 668 (1984) ); Ex parte Imoudu, 284 S.W.3d 866, 869 (Tex. Crim. App. 

2009).

Consequently, we affirm the trial court’s judgment.

Bailey C. Moseley

Justice

Date Submitted: December 11, 2014

Date Decided: December 12, 2014

Do Not Publish
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MEMORANDUM

SUBJECT: Forest Road Stormwater Discharges

FROM: Prasad Chumble
Rural Branch Water Permits Division, 4203M

TO: The File

DATE: 5/26/16

EPA met with the Forest Service and BLM, together, on 4 / 11 /16, to discuss the potential of the regulation of stormwater discharges from forest roads under section 402(p)(6) of the Clean Water Act (CWA).
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-7302 

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JAMES LARRY JOHNSON,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of North Carolina, at Charlotte. Graham C. Mullen, Senior

District Judge. (3:95-cr-00020-2; 3:98-cv-00438)

Submitted: November 21, 2006 Decided: December 1, 2006

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

Circuit Judge.

Dismissed by unpublished per curiam opinion.

James Larry Johnson, Appellant Pro Se. Amy Elizabeth Ray, OFFICE

OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit. 
*For the purpose of this appeal, we assume that the date

appearing on the notice of appeal is the earliest date it could

have been properly delivered to prison officials for mailing to the

court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988).

- 2 -

PER CURIAM:

James Larry Johnson seeks to appeal the district court’s

order denying relief on his 28 U.S.C. § 2255 (2000) motion. We

dismiss the appeal for lack of jurisdiction because the notice of

appeal was not timely filed. 

When the United States or its officer or agency is a

party, the notice of appeal must be filed no more than sixty days

after the entry of the district court’s final judgment or order,

Fed. R. App. P. 4(a)(1)(B), unless the district court extends the

appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal

period under Fed. R. App. P. 4(a)(6). This appeal period is

“mandatory and jurisdictional.” Browder v. Dir., Dep’t of Corr.,

434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361

U.S. 220, 229 (1960)). 

The district court’s order was entered on the docket on

November 7, 2001. The notice of appeal was filed on July 12,

2006.* Because Johnson failed to file a timely notice of appeal or

to obtain an extension or reopening of the appeal period, we deny

his motion for a certificate of appealability as moot and dismiss

the appeal. We dispense with oral argument because the facts and
- 3 -

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED
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Luftfartstilsynet 

CIVIl AVIATION AUTHORITY- NORWAY 

US Department of TransportaHon 

Mr. Robert Fin~more 

400 8th Street, S.W. Room 6402 

Washington DC 20590 

United States of America 

Statement of Reciprocity 

Dear Sir, 

Handled by: 

Direct dial: 

Our date: 

Our reference: 

Your date: 

Your reference: 

Anders Stoltenberg Slettvold 

+47 98261808 

7. november 2012 

201208539-2/503/AES 

The Norwegian Civil Aviation Authority hereby confirms, that it will grant, on the basis of 

reciprocity, to any air carrier designated by the United States of America, the right to conduct 

fifth, sixth and seventh freedom traffic rights on scheduled or non-scheduled basis, which are in 

conformity to the Air Transport Agreement between United Stes of America and the European 

Community and its Member States, signed on April25 and 30, 2007, which Iceland and Norway 

became parties to on 17 December 2009. 

Copy: Norwegian Long Haul, on e-mail rad@norwegian.com 

Luftfartstilsynet I Civil Aviation Authority 

T: +47 75 58 50 00 I Postadresse: 

F: +47 75 58 50 05 Postboks 243 I 8es0ksadresse: 

Sj0gata 45-47 --------

I Fakturaadresse: Fakturamottak DF0 

Postboks 41 04
<PAGE>
 
                                 EXHIBIT 23.1


                        CONSENT OF INDEPENDENT AUDITORS
                        -------------------------------



The Board of Directors
Dycam Inc.


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (333-04597) and on Forms S-8 (33-86252, 33-86254 and 33-
86374) of our report dated March 17, 1998 appearing in the Annual Report on Form
10-KSB of Dycam Inc. for the year ended December 31, 1997.



                                                     CORBIN & WERTZ

Irvine, California
April 30, 1998


                                      51
<PAGE>   1


                                                                    Exhibit 23.1



                       CONSENT OF INDEPENDENT ACCOUNTANTS


We consent to the incorporation by reference in the registration statements of
GZA GeoEnvironmental Technologies, Inc. on Form S-8 (File No. 33-63940 and File
No. 33-75688) of our report dated May 2, 1997, on our audits of the consolidated
financial statements and financial statement schedule of GZA GeoEnvironmental
Technologies, Inc. as of February 28, 1997 and February 29, 1996, and for the
three years in the period ended February 28, 1997, which report is included
and incorporated by reference in the Company's 1997 Form 10-K, Exhibit 13.1.






                                                      COOPERS & LYBRAND L.L.P.





Boston, Massachusetts
May 2, 1997