alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                   EXHIBIT 10.63
                                                                   -------------

                             AMENDMENT NO. 1 TO THE
                            COLE NATIONAL GROUP, INC.
                           DEFERRED COMPENSATION PLAN
                   FOR EXECUTIVES AND OTHER SENIOR MANAGEMENT


         Cole National Group, Inc. (the "Company") hereby adopts this Amendment
No. 1 to the Cole National Group, Inc. Deferred Compensation Plan for Executives
and Other Senior Management, effective February 1, 1999 (the "Plan"), dated as
of January 25, 2002. Words and phrases used herein with initial capital letters
that are not defined herein shall have the meaning provided in the Plan.

                  Section 7.1 is hereby amended in its entirety to read as
follows:

         "A Participant shall elect (on a form approved by the Company) the date
on which the Elective Deferrals and vested Mandatory Matching Contributions and
Discretionary Matching Contributions (including any earnings attributable
thereto) will commence to be paid to the Participant by CNG (the "Payment
Commencement Date"). Such date shall coincide with or follow his attainment of
age 65, or such earlier age that coincides with the Participant's early
retirement under the Cole National Group, Inc. Retirement Plan. The Participant
shall also elect for payments to be paid by CNG in either:

         a.       a single lump-sum payment; or

         b.       annual installments over a period elected by the Participant,
                  the amount of each installment to equal the balance of his
                  Account immediately prior to the installment divided by the
                  number of installments remaining to be paid.

The elections described in the preceding sentences shall be made by written
notice filed with the Company at least six (6) months prior to the Payment
Commencement Date elected by the Participant and at least six (6) months prior
to the Participant's voluntary termination of employment with, or retirement
from, the Company. Any such election may be changed by the Participant at any
time and from time to time without the consent of any other person by filing a
later signed written election with the Company; provided that any election made
less than six (6) months prior to the Participant's Payment Commencement Date,
voluntary termination of employment or retirement shall not be valid, and in
such case payment shall be made in accordance with the Participant's prior
election. In the absence of any effective election, the Participant's Account
shall be payable to him by CNG in a single lump sum payment."


Dated as of January 25, 2002           COLE NATIONAL GROUP, INC.
            ----------------
                                       By:  /s/ Leslie D. Dunn
                                            -----------------------------------
                                       Title: Senior Vice President
                                              ---------------------------------
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-40596

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

REFUGIO REYES-ALDAVA,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-98-CR-66-1

- - - - - - - - - -

May 6, 1999

Before DAVIS, DUHE’, and PARKER, Circuit Judges.

PER CURIAM:*

Refugio Reyes-Aldava appeals his sentence after conviction

for being illegally present in the United States after having

been previously deported in violation of 8 U.S.C. § 1326(a) and

(b)(2). Reyes-Aldava contends for the first time on appeal that

the district court erred when it enhanced his sentence pursuant

to U.S.S.G. § 2L1.2(b)(1)(A) because the definition of

“aggravated felony” in 8 U.S.C. § 1101(a)(43)(G) is

unconstitutionally vague as applied to him. Because this issue 
No. 98-40596

-2-

was not raised in the district court, we review it for plain

error only. See United States v. Spires, 79 F.3d 464, 465 (5th

Cir. 1996); United States v. Knowles, 29 F.3d 947, 950-51 (5th

Cir. 1994). This court does not follow contrary authority from

other circuits. See, e.g., United States v. Tabacca, 924 F.2d

906, 912 (9th Cir. 1991). 

To demonstrate plain error, an appellant must show clear or

obvious error that affects his substantial rights; if he does,

this court has discretion to correct a forfeited error that

seriously affects the fairness, integrity, or public reputation

of judicial proceedings but is not required to do so. United

States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en

banc) (citing United States v. Olano, 507 U.S. 725, 730-35

(1993)). 

Whether the vagueness doctrine applies to sentencing

statutes which merely pertain to “the statutory range [within

which] the guideline sentence will fall” is dubious. United

States v. Pearson, 910 F.2d 221, 223 (5th Cir. 1990). As such,

the district court’s enhancement of Reyes-Aldava’s sentence based

on his aggravated felony which falls under the purview of 

§ 1101(a)(43) was not plain error. Reyes-Aldava’s substantial

rights are not affected; nor does his sentence reflect adversely

on the fairness, integrity or public reputation of judicial

proceedings.

AFFIRMED.
<PAGE>
                                                                   EXHIBIT 10.78

                      AMENDMENT TO SUBORDINATION AGREEMENT



         This Amendment dated as of April 16, 2002 between ASC Incorporated
("Creditor") and Comerica Bank ("Bank").

                                    RECITALS

         A. Creditor executed that certain Subordination Agreement (All
Indebtedness and Liens) dated as of February 7, 2001 in favor of Bank (the
"Subordination Agreement") with respect to obligations and liabilities of JPE,
Inc. ("Borrower").

         B. In connection with the execution and delivery of Amendment No. 1 to
Credit Agreement and Waiver dated April 16, 2002, among Borrower, certain
subsidiaries of Borrower and Bank, Bank requires that Creditor execute this
Amendment to the Subordination Agreement.

         The parties agree as follows:

         1. Notwithstanding anything to the contrary set forth in the
Subordination Agreement, on and after the date of this Amendment, no payments of
interest shall be made by Borrower on the Subordinated Debt, and Creditor may
not ask for, demand, sure for, take or receive interest payments from Borrower
on the Subordinated Debt, without the prior written consent of Bank.

         2. Except as expressly set forth herein, all of the terms and
conditions of the Subordination Agreement remain in full force and effect.


COMERICA BANK                               ASC Incorporated

By:  /s/ Richard S. Arceci                  By:  /s/ David L. Treadwell
    --------------------------------            --------------------------------

Its: Vice President                         Its: Chairman
    --------------------------------             --------


Agreed to and acknowledged by the undersigned Borrower:

JPE, Inc.

By:  /s/ David L. Treadwell
    --------------------------------

Its: Chairman of the Board & Chief
    --------------------------------
     Executive Officer
    --------------------------------
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```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1032 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 1032

To provide for the retention and service of transgender individuals in 
                           the Armed Forces.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2019

    Ms. Speier (for herself, Mr. Kennedy, Mr. Katko, Mrs. Davis of 
 California, and Mr. Brown of Maryland) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To provide for the retention and service of transgender individuals in 
                           the Armed Forces.

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

SECTION 1. RETENTION AND SERVICE OF TRANSGENDER INDIVIDUALS IN THE 
              ARMED FORCES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) individuals who are qualified and can meet the 
        standards to serve in the military should be eligible to serve; 
        and
            (2) the policies recommended in the memorandum of the 
        Secretary of Defense entitled ``Military Service by Transgender 
        Individuals'' and dated February 22, 2018, are inconsistent 
        with this goal.
    (b) Retention of Currently Serving Members of the Armed Forces.--An 
individual serving as a member of the Armed Forces on or after the date 
of the enactment of this Act may not be involuntarily separated from 
the Armed Forces, or denied reenlistment or continuation in service in 
the Armed Forces, solely on the basis of the member's gender identity. 
Nothing in this subsection relieves a member from meeting applicable 
military and medical standards, including deployability, or requires 
retention of the member in service if the member fails to meet such 
standards.
    (c) Accession Into the Armed Forces.--On or after the date of the 
enactment of this Act, an individual may not be denied initial 
enlistment, commissioning, or other accession into the Armed Forces 
solely on the basis of the individual's gender identity. Nothing in 
this subsection relieves an individual from meeting applicable military 
and medical standards, including deployability, for enlistment, 
commissioning, or other accession.
    (d) Gender Identity Defined.--In this section, the term ``gender 
identity'' means the gender-related identity, appearance, mannerisms, 
or other gender-related characteristics of an individual, regardless of 
the individual's designated sex at birth.
                                 <all>
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting. 

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Investigator Initiated Program Project Applications.                    

*Date:*                         May 14, 2012.                    

*Time:*                         10 a.m. to 1 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 6700B Rockledge Drive, 3121, Bethesda, MD 20892, (Telephone Conference Call).                    

*Contact Person:*                         Paul A. Amstad, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, NIAID/NIH/DHHS, 6700B Rockledge Drive, MSC 7616, Bethesda, MD 20892-7616, 301-402-7098,                         *pamstad@niaid.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: April 13, 2012.

Anna P. Snouffer,

Deputy Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2012-9489 Filed 4-18-12; 8:45 am]

BILLING CODE 4140-01-P
[Federal Register Volume 77, Number 76 (Thursday, April 19, 2012)]
[Notices]
[Page 23466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9619]


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

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE


Sunshine Act Meeting

    The White House Council for Community Solutions gives notice of the 
following meeting:

DATE AND TIME:  Wednesday, May 9, 2012, 1:15-2 p.m. Eastern Standard 
Time.

PLACE:  The Council will meet via phone conference call. The meeting 
will be open to the public in Listen-Only mode and it will be recorded. 
To dial in, please call 866-525-0652. More details and materials will 
be available on the Council's Web site (http://www.serve.gov/communitysolutions) by Tuesday, May 8.

PUBLIC COMMENT:  The public is invited to submit publicly available 
comments through the Council's Web site. To send statements to the 
Council, please send written statements to the Council's electronic 
mailbox at <a href="/cdn-cgi/l/email-protection#7f2817160b1a37100a0c1a3c100a111c16133f1c110c51181009"><span class="__cf_email__" data-cfemail="0a5d62637e6f42657f796f49657f646963664a696479246d657c">[email protected]</span></a>. The public can also follow the 
Council's work by visiting its Web site: http://www.serve.gov/communitysolutions.

STATUS:  Open.

MATTERS TO BE CONSIDERED:  The purpose of this meeting is to review and 
make decisions on the Council's recommendations that will be included 
in its final report to the President. The Report will be available to 
the public on the Council's Web site referenced above when sent to the 
President. The report will provide a record of the work of the Council 
from its establishment in December 2010.

CONTACT PERSON FOR MORE INFORMATION:  Kathy Bendheim, Executive 
Director, White House Council for Community Solutions, Corporation for 
National and Community Service, 10th Floor, Room 10911, 1201 New York 
Avenue NW., Washington, DC 20525. Phone: (202) 491-3809. Fax: (202) 
606-3464. Email: <a href="/cdn-cgi/l/email-protection#c493acadb0a18cabb1b7a187abb1aaa7ada884a7aab7eaa3abb2"><span class="__cf_email__" data-cfemail="217649485544694e545244624e544f42484d61424f520f464e57">[email protected]</span></a>.

     Dated: April 17, 2012.
Kathryn Bendheim,
Executive Director, White House Council for Community Solutions.
[FR Doc. 2012-9619 Filed 4-17-12; 4:15 pm]
BILLING CODE 6050-$$-P


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</html>
<PAGE>

                                                                    EXHIBIT 32.1

                           SECTION 1350 CERTIFICATION

     In connection with the Quarterly Report of Abington Community Bancorp, Inc.
(the "Company") on Form 10-Q for the period ended September 30, 2006, (the
"Report") as filed with the Securities and Exchange Commission, I, Robert W.
White, Chairman, President and 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 results of operations of the
     Company.


                                        /s/ Robert W. White
                                        ----------------------------------------
                                        Robert W. White
                                        Chairman, President and
                                        Chief Executive Officer
                                        November 14, 2006

     A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 OF THE
SARBANES-OXLEY ACT HAS BEEN PROVIDED TO ABINGTON COMMUNITY BANCORP, INC. AND
WILL BE RETAINED BY ABINGTON COMMUNITY BANCORP, INC. AND FURNISHED TO THE
SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
<Page>
                                                              ERNST & YOUNG LLP


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


We hereby consent to the reference to our firm under the caption "Independent
Public Accountants" in the Statement of Additional Information and to the use
of our report dated February 17, 2000 on the financial statements of Fortis
Benefits Insurance Company in this Post-Effective Amendment No. 4 (Form N4
No. 333-65233) to the Registration Statement and related Prospectus and
Statement of Additional Information of Fortis Benefits Insurance Company for
the registration of flexible premium deferred combination variable and fixed
annuity contracts.

Minneapolis, Minnesota                                    /s/ Ernst & Young LLP
April 17, 2002
Exhibit 32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Ames True Temper, Inc. (the ‘‘Company’’) on Form 10-Q for the thirteen week period ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), I, David M. Nuti, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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. |

/s/ David M. Nuti                                           David M. NutiChief Financial Officer (Principal Financial Officer)August 14, 2007

----
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 on Form 10-Q/A of ZAGG Inc (the "Company") for the quarter ended June 30, 2011, as filed with the Securities and Exchange Commission (the "Report"), I, Robert G. Pedersen II, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:




(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.




/s/ROBERT G. PEDERSEN IIRobert G. Pedersen II

Chairman of the Board and Chief Executive Officer

January 27, 2012




This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.




A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
GROUPGAP for Buyers

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Web: www.ams.usda.gov/services/

auditing/groupgap 

Email: GroupGAP@ams.usda.gov

USDA is an equal opportunity provider and employer.