alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-4.4





 Exhibit 4.4 

SECOND AMENDMENT 
 TO

 WESTERN DIGITAL CORPORATION 401(K) PLAN 

The Western Digital Corporation 401(k) Plan, originally effective as of October 1, 1984, as presently maintained under an amendment and restatement made
effective as of January 1, 2016, is hereby amended effective as of the date this amendment is approved and adopted, in the following respects: 

A. FIRST CHANGE 

Section 11.3.c of the Adoption Agreement is amended to update the Service with Other Employers provisions as follows: 

 

	 	c.	 ☒    Prior service with other specified employers is credited for the following
purposes: 


  

									
	 	  	 	 	 	 	Service for Contribution
	 	  	 	 	Eligibility Service	 	Vesting Service	 	Allocation
	Requirements	  	 	 	 	 	 	 	 
		  	 i.  Employer Name: (1) any business entity that, as a result of a transaction,
such as a merger or other acquisition, is treated as a single employer with the Plan Sponsor pursuant to Code Section 414(b), (c), or (m) (as described in Code Section 410(b)(6)(C)); or (2) any business entity of which Plan Sponsor or
a Participating Employer acquires 80% or more of the equity interests, or substantially all of the business assets; unless the Plan Sponsor or Participating Employer, as applicable, provides by written resolution that service with such entity will
not be credited under the Plan (provided, that such service is not required to be credited pursuant to applicable law).
	 	1. ☒	 	2. ☒	 	3. ☐
		  	  
 ii. ☒    The following
limitations apply to service credited under the Plan for employment with another employer:


  

											
	B.	  	☐	 	Only employment with the specified employer prior to the date specified below is included.
						
		  		 	1.	  	Employer Name:	  	Date:	  	                        
						
		  		 	2.	  	Employer Name:	  	Date:	  	                        
						
		  		 	3.	  	Employer Name:	  	Date:	  	                        
						
		  		 	4.	  	Employer Name:	  	Date:	  	                        
			
	C.	  	☐	 	Only employment with the specified employer on or after the date specified below is included.
						
		  		 	1.	  	Employer Name:	  	Date:	  	                        


  
 1 














											
						
		  		 	2.	  	Employer Name:	  	Date:	  	                        
						
		  		 	3.	  	Employer Name:	  	Date:	  	                        
						
		  		 	4.	  	Employer Name:	  	Date:	  	                        
			
	D.	  	☒	 	Only employment with the specified employer while in the specified class is included.
		
		  	 Employer Name: any entity described in 11.3c.i

Eligible Employee Group: persons who were employed by a business entity described in 11.3c.i as of the closing of the transaction.


 (The employee groups identified above must be clearly defined and must not discriminate in favor of HCEs.)

 *    *    * 

EXECUTED THIS 25TH DAY OF AUGUST, 2017. 

 

			
	WESTERN DIGITAL CORPORATION
		
	By:	 	 /s/ Jacqueline DeMaria

		 	Jacqueline DeMaria
	Title:	 	EVP & Chief Human Resources Officer



  
 2
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 121 Agreed to Senate (ATS)]

106th CONGRESS
  2d Session
S. CON. RES. 121

Congratulating Representative Stephen S. F. Chen on the occasion of his 
    retirement from the diplomatic service of Taiwan, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 9, 2000

 Mr. Craig (for himself, Mr. Rockefeller, and Mr. Murkowski) submitted 
the following concurrent resolution; which was considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Congratulating Representative Stephen S. F. Chen on the occasion of his 
    retirement from the diplomatic service of Taiwan, and for other 
                               purposes.

Whereas Representative Stephen S. F. Chen has been a member of Taiwan's 
        diplomatic service for forty-seven years;
Whereas Representative Chen has represented Taiwan's interests in such countries 
        as the Philippines, Brazil, Argentina, Bolivia, and the United States;
Whereas Representative Chen has held a number of important positions in his 
        government at home, including those of Vice Foreign Minister and Deputy 
        Secretary-General to President Lee Teng-hui;
Whereas Representative Chen's many years of service in the United States include 
        appointments as Taiwan's Consul-General in Atlanta from 1973 to 1979 and 
        as Director of the Coordination Council for North American Affairs in 
        Chicago from 1980 to 1982 and Los Angeles from 1988 to 1989;
Whereas Representative Chen has served with distinction as Taiwan's senior 
        diplomat in the United States since 1997, when he became the 
        Representative of the Taipei Economic and Cultural Representative Office 
        in Washington, D.C.; and
Whereas Representative Chen has been a friend of the United States and earned 
        the respect and genuine affection of many Members of the Senate and 
        House of Representatives: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That it is the sense of Congress that--
            (1) Representative Stephen Chen is to be congratulated for 
        his many years of distinguished service to Taiwan and for his 
        friendship to the United States; and
            (2) the best wishes of Congress are to be extended to 
        Representative Chen and his family on the occasion of his 
        retirement.
                                 <all>
```
Exhibit 32.1


SECTION 1350 CERTIFICATIONS
  This Certificate is being delivered pursuant to the requirements of Section 1350 of Chapter 63 (Mail Fraud) of Title 18 (Crimes and Criminal Procedures) of the United States Code and shall not be relied on by any person for any other purpose.
  The undersigned, who are (i) the Chief Executive Officer of UMTH Land Development, L.P., the general partner of United Development Funding III, L.P. (the “Partnership”) and (ii) the Chief Financial Officer of UMTH Land Development, L.P., the general partner of the Partnership, each hereby certify as follows:
  The Quarterly Report on Form 10-Q of the Partnership (the “Report”), which accompanies this Certificate, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and all information contained in the Report fairly presents, in all material respects, the financial condition and results
of operations of the Partnership.
  
  Dated this 14th day of August, 2009.
 
 
 
 /s/ Hollis M. Greenlaw
 Hollis M. Greenlaw
 Chief Executive Officer of UMTH Land Development, L.P., sole general partner of the Registrant, and President and Chief Executive Officer of UMT Services, Inc., sole general partner of UMTH Land Development, L.P.
 
 
 /s/ Cara D. Obert
 Cara D. Obert
 Chief Financial Officer of UMTH Land Development, L.P., sole general partner of the Registrant
 
 
 A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the registrant and will be retained by the registrant and furnished to the Securities and Exchange Commission or its staff upon request.
#### The CARLING HOUSE, INC., Appellant, v. GENERAL REALTY & FINANCE CORP., Appellee.

No. 85-1771.

District Court of Appeal of Florida, Fourth District.

April 15, 1987.

David L. Kreider of Winthrop, Stimson, Putnam & Roberts, Palm Beach, for appellant.

E. Cole FitzGerald, III, of Moyle, Flani-gan, Katz, FitzGerald & Sheehan, P.A., West Palm Beach, for appellee.

PER CURIAM.

Appellant, The Carling House, Inc., seeks reversal of a judgment in favor of appellee, General Realty & Finance Corp., for a real estate commission. We have carefully considered the record and the appellate submissions by counsel and conclude that appellant has failed to demonstrate reversible error.

*42Accordingly, the judgment appealed from is affirmed.

HERSEY, C.J., and DOWNEY and LETTS, JJ., concur.
#### The People of the State of New York, Respondent, v Derrick Davenport, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered March 30, 1989, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the trial court erred in proceeding with the trial in his absence is without merit. The record reveals that the defendant absconded during a recess on the first day of trial. The court had previously administered *Parker*warnings and the defendant stated that he understood that if he failed to appear for his trial, the trial could proceed in his absence. The defendant also signed a statement embodying the *Parker*warnings. The court held a hearing to determine if the defendant’s absence was deliberate. Given this, we find that the defendant knowingly, voluntarily and intelligently waived his right to be present at trial and further that the defendant’s conduct constituted a forfeiture of his right to be present at trial *(see, People v Brooks,*75 NY2d 898, *remittitur amended*76 NY2d 746; *People v Sanchez,*65 NY2d 436, 443-444; *People v Parker,*57 NY2d 136).

The defendant also contends that the Trial Judge erred in refusing to recuse himself from the nonjury trial since this Judge had presided over the *Sandoval*hearing. It is well settled that there is no prohibition against the same Judge conducting a pretrial hearing and a nonjury trial *(see, People v Moreno,*70 NY2d 403, 405-406; *People v Latella,*112 AD2d *634324). However, an improvident exercise of discretion can be found where the Trial Judge refuses to recuse himself when prejudice or bias has been established on the part of the Judge *(see, People v Moreno, supra,*at 407). At bar, the record is devoid of evidence that the Judge presiding at the *Sandoval*hearing harbored any bias or prejudice against the defendant. As such, we find that the Judge properly declined to recuse himself from the nonjury trial. Kunzeman, J. P., Balletta, Miller and O’Brien, JJ., concur.
#### Darren Rodney IVERY, Appellant, v. STATE of Florida, Appellee.

No. 86-2695.

District Court of Appeal of Florida, Second District.

Dec. 11, 1987.

*339James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the judgment and sentence herein except for the imposition of the lien for the services of the public defender and costs. For the reasons stated in *Canale v. State,*509 So.2d 1245 (Fla. 2d DCA 1987), we reverse the imposition of costs and liens and remand for a hearing on the valuation of the public defender’s lien and the imposition of costs if such costs and liens are to be again sought.

CAMPBELL, A.C.J., and HALL and THREADGILL, JJ., concur.
<TABLE> <S> <C>


<ARTICLE>                                      5
<MULTIPLIER>                                   1


<S>                                           <C>
<PERIOD-TYPE>                                  YEAR
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-1-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                         80,848
<SECURITIES>                                   0
<RECEIVABLES>                                  25,000
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               105,848
<PP&E>                                         99,728
<DEPRECIATION>                                 154,541
<TOTAL-ASSETS>                                 699,914
<CURRENT-LIABILITIES>                          639,460
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       8,628,267
<OTHER-SE>                                     1,392,520
<TOTAL-LIABILITY-AND-EQUITY>                   699,914
<SALES>                                        291,882
<TOTAL-REVENUES>                               291,882
<CGS>                                          235,831
<TOTAL-COSTS>                                  3,634,762
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               3,578,711
<INTEREST-EXPENSE>                             4,392
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (3,578,711)
<EPS-BASIC>                                    (0.89)
<EPS-DILUTED>                                  (0.89)


</TABLE>
#### STATE of Louisiana v. Irving BROUSSARD.

No. 89-K-0436.

Supreme Court of Louisiana.

April 21, 1989.

In re Broussard, Irving; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Third Circuit, No. CR88-0410; Parish of Lafayette, 15th Judicial District Court, Div. “E”, No. 53332.

Prior report: La.App., 535 So.2d 532.

Denied.
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 Amendment No. 1 to the Quarterly Report of Chisen Electric Corporation (the “Company”) on Form 10-Q for the fiscal quarter ended December 31, 2009 as filed with the U.S. Securities and Exchange Commission on the date hereof (the “Report”), the undersigned 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:




1.           The Report fully complies with the requirements of Section 13(a) or 15(d) 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 operation of the Company.




Date: February 28, 2011
By:
/s/ Xu KechengName:
Xu KechengTitle:
President, Chief Executive Officer and Principal
Executive Officer





A signed original of this written statement required by Section 906, or other document authentications, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Chisen Electric Corporation will be retained by Chisen Electric Corporation and furnished to the U.S. Securities and Exchange Commission or its staff upon request.
Articles of Amendment
                       To the Articles of Incorporation of
                          The Hartcourt Companies, Inc.

         Pursuant to the provisions of sections  16-10a-1001  and 16-10a-1006 of
the Utah Revised Business  Corporation Act, the undersigned  corporation  hereby
adopts the following Articles of Amendment to its Articles of Incorporation.

         FIRST: The name of the corporation is The Hartcourt Companies, Inc.

         SECOND:  The following  amendment to the Articles of Incorporation  was
duly  adopted  by  the  corporation's  shareholders  on  July  20,  2001  at the
corporation's  annual  meeting  of  shareholders.   At  that  time,  there  were
72,452,248  shares of Common Stock of the Company which were entitled to vote on
such amendment,  with 41, 287,781 votes indisputably represented at such meeting
of shareholders. 41,287,781 shares were voted in favor of the amendment, with no
votes opposing the amendment was sufficient for approval of this amendment.

         The amendment is as follows:

                                   Article IV
                                   ----------

                                      Stock
                                      -----

         "The  total  number of  shares  which the  cooperation  shall  have the
authority to issue is  250,000,000,  consisting of 239,999,000  shares of Common
Stock,  par value $0.001 per share ("Common  Stock"),  1,000 shares of Preferred
Stock, have a par value of $0.01 per share (the "Original Preferred Stock"), and
10,000,000 shares of Preferred Stock, having a par value of $0.01 per share (the
"Class A Preferred Stock").

         "The  relative  rights,   preferences,   privileges,   limitations  and
restrictions  relating to the Common Stock, the Original Preferred Stock and the
Class A  Preferred  Stock are as set forth in the  STATEMENT  OF THE  RIGHTS AND
PREFERENCES OF COMMON STOCK,  ORIGINAL  PREFFERED  STOCK,  AND CLASS A PREFFERED
STOCK OF THE HARTCOURT  COMPANIES,  INC.,  attached  thereto as Exhibit A and by
this reference incorporated herein.

         "Dividends  may be paid upon the common  shares as and when declared by
the Board of Directors out of any funds legally available therefore."



         IN WITNESS  WHEREOF,  the undersigned  Officer having been thereto duly
authorized, has executed the foregoing Articles of Amendment for the cooperation
under  penalty of  perjury  under the laws of the State of Utah this 13th day of
March, 2003.



                  THE HARTCOURT COMPANIES, INC.


                  /s/    David Chen
                  ----------------------------------------------
                         David Chen, Chief Executive Officer
Exhibit 32



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350, as adopted), Anthony J. Bettencourt, Chief Executive Officer of Verity,
Inc. (the Company), and Steven R. Springsteel, the Chief Financial Officer of the Company, each hereby certify that, to the best of his knowledge:



| | 1. | The Companys Annual Report on Form 10-K/A, Amendment No. 1, for the period ended May 31, 2004, and to which this Certification is attached as Exhibit 32, (the
Periodic Report) fully complies with the requirements of section 13(a) or section 15(d) of the Securities Exchange Act of 1934; and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



IN WITNESS WHEREOF, the undersigned have set
their hands hereto as of the 13th day of July, 2005.



/s/ ANTHONY J. BETTENCOURTAnthony J. BettencourtChief Executive Officer and President/s/ STEVEN R. SPRINGSTEELSteven R. SpringsteelSenior Vice President of Finance and Administration and Chief Financial Officer




This certification accompanies
the Form 10-K/A to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of Verity, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange
Act of 1934, as amended (whether made before or after the date of the Form 10-K/A), irrespective of any general incorporation language contained in such filing.
[Federal Register Volume 77, Number 53 (Monday, March 19, 2012)]
[Notices]
[Pages 16034-16035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6653]


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

FEDERAL ELECTION COMMISSION


Sunshine Act Meeting

AGENCY: Federal Election Commission.

DATE AND TIME: Thursday, March 22, 2012 at 10 a.m.

PLACE: 999 E Street NW., Washington, DC (Ninth Floor).

STATUS: This Meeting Will Be Open to the Public.

[[Page 16035]]


ITEMS TO BE DISCUSSED:  Correction and Approval of the Minutes for the 
Meeting of March 1, 2012.
    Draft Advisory Opinion 2012-05: Tom Lantos for Congress Committee 
and The Lantos Foundation for Human Rights & Justice.
    Draft Advisory Opinion 2012-06: RickPerry.org, Inc.
    Management and Administrative Matters.
    Individuals who plan to attend and require special assistance, such 
as sign language interpretation or other reasonable accommodations, 
should contact Shelley E. Garr, Deputy Secretary, at (202) 694-1040, at 
least 72 hours prior to the meeting date.

PERSON TO CONTACT FOR INFORMATION: Judith Ingram, Press Officer, 
Telephone: (202) 694-1220.

Shelley E. Garr,
Deputy Secretary of the Commission.
[FR Doc. 2012-6653 Filed 3-15-12; 11:15 am]
BILLING CODE 6715-01-P