alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.18**

 

**FOURTH AMENDMENT**

**OFTHE**

**SKY FINANCIAL GROUP, INC. EMPLOYEE STOCK OWNERSHIPPENSION PLAN**

(As Amended and Restated Effective January 1, 2001)

 

**WHEREAS**,Sky Financial Group, Inc. (the “Company”) maintains the Sky Financial Group, Inc. Employee Stock Ownership Pension Plan (the “Plan”); and 

 

**WHEREAS**, the Company has delegated authority to amend the Plan to the Sky Financial Group, Inc.Benefit Plans Committee (the “Committee”), and the Committee has determined that amendment of the Plan is necessary and desirable. 

 

**NOW, THEREFORE**, pursuant to the power reserved to the Company by Section 9.01 of thePlan, and by virtue of the authority delegated to the Committee, the Plan, as previously amended, is hereby further amended, in the following particulars: 

 

1. By substituting the following sentence for the sentence immediately following subparagraph (e) of Section 1.03 of the Plan, effectiveas of December 1, 2002: 

 

“Notwithstandingthe foregoing, until January 1, 2003, the ‘Annual Compensation’ of any Participant employed by Celaris Group, Inc. or Value Added Benefits, Ltd. (including any such Participant employed by Sky Insurance who was previously employed byCelaris Group, Inc. or Valued Added Benefits, Ltd.) as a ‘Producer With Management Responsibilities,’ will not include any commissions received by such Participant for services performed as a Producer With ManagementResponsibilities.” 

 

2. By substituting thefollowing sentence for the second sentence of Section 2.01 of the Plan, effective as of January 1, 2003: 

 

“Each Employee of Celaris Group, Inc. or Value Added Benefits, Ltd. (including each Employee of Celaris Group, Inc. or Value AddedBenefits, Ltd. who becomes or has become an Employee of Sky Insurance) shall participate in the Plan on or after April 1, 2002 and before January 1, 2003, solely in accordance with Section 2.04 of the Plan.” 

 

3. Bysubstituting the following for paragraph (d) of Section 2.01 of the Plan, effective as of January 1, 2003: 

 

“(d) the Employee is not subject to an employment agreement that provides that the Employee is not entitled tocontributions under an employer-sponsored pension or employee stock ownership plan.” 

 

4. By adding the phrase “and continuing until December 31, 2002” immediately after the date “April 1, 2002” in the first sentence of Section 2.04 of the Plan, effective as ofDecember 1, 2002. 

 

*        *        * 

 

I, Thomas A. Sciorilli, on behalf of the Sky Financial Group, Inc. Benefit Plans Committee, hereby certify that the foregoing is acorrect copy of a resolution duly adopted by the Committee on November 13, 2002 and that the resolution has not been changed or repealed. 

 

**SKY FINANCIAL GROUP, INC.**

**BENEFIT PLANS COMMITTEE**

By:
   
A Member of the Committee

 

-2-
**Order of the Court of First Instance (Second Chamber) of 23 September 2008 – Dyckerhoff Polska v Commission**

**(Case T-196/07)**

Action for annulment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – National allocation plan in respect of emission allowances for Poland for the period from 2008 to 2012 – Decision by the Commission not to raise objections subject to certain conditions – Competence of Member States in the individual allocation of emission allowances – Lack of direct concern – Inadmissibility

1.                     *Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned
– Criteria (Art. 230, fourth para., EC; European Parliament and Council Directive No 2003/87, Arts 9(1) and (3) and 11(2))
(see paras 22, 28, 44-45)*

2.                     *Environment – Atmospheric pollution – Directive 2003/87 – National allocation plan for the allocation of greenhouse gas emission
allowances (NAP) – NAP notification procedure (Arts 175 EC and 176 EC; European Parliament and Council Directive No 2003/87,
Arts 9(3) and 11(1) and (2)) (see paras 32-39)*

**Re:**

| | |
| --- | --- |
| | APPLICATION for annulment of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Poland for the period from 2008 to 2012 in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32). |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the action as inadmissible; |

| | | |
| --- | --- | --- |
| 2. | | Orders Dyckerhoff Polska sp. z o.o. to bear its own costs and pay those incurred by the Commission. |
#### The People of the State of New York, Respondent, v Collado Lourdes, Also Known as Lourdes Collado, Appellant.

— Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered July 24, 1990, convicting defendant upon her plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

Defendant’s only contention on appeal is that County Court erred in limiting the cross-examination of the police officer at the suppression hearing, thus preventing a full and fair assessment of the legality of the search. Defense counsel was attempting to solicit from the police officer information regarding his previous arrest of another person not present with defendant at the time of her arrest. Under the circumstances presented here, this testimony had nothing to do with the legality of the search and it was, therefore, irrelevant. Consequently, County Court did not abuse its discretion in sustaining the prosecution’s objection and limiting the scope of defense counsel’s questions in this regard *(see, People v McKnight,*144 AD2d 702, 703, *lv denied*73 NY2d 924; *People v Washpun,*134 AD2d 858, 859, *lv denied*70 NY2d 1012). To the extent that defense counsel was attempting to use the testimony to impeach the police officer’s credibility, it was properly excluded *(see, People v Longwood,*116 AD2d 590, 592).

Mahoney, P. J., Weiss, Yesawich Jr., Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed.
##### 



CERTIFICATION PURSUANT TO
  1.
    
    I have reviewed this report on Form 10-Q for the quarterly period ended June 30, 2005 of
Belden & Blake Corporation;
 2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;
 3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;
 4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)), for the registrant and have:
 (a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries, is made
known to us by others within those entities, particularly during the period in which
this report is being prepared;(b) Evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by this report based on
such evaluation; and(c) Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
 (a) All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; and(b) Any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial
reporting.
 Date: August 11, 2005
    
    By:
    
    /s/ James A. Winne IIIJames A. Winne III, Chief Executive Officer,
Chairman of the Board of Directors and Director
<PAGE>

                     AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT


         This Amendment No.1 dated as of March 3, 1997 (this "Amendment") to
that certain Employment Agreement dated as of October 6, 1995, by and between
PDK Labs, Inc., a New York corporation with offices at 145 Ricefield Lane,
Hauppauge, NY 11788 (the "Company"), and Karine Hollander, an individual
residing at 39 Kensington Avenue, Selden, NY 11784 (the "Executive").

                              W I T N E S S E T H :

         WHEREAS, the Company and the Executive entered into that certain
Employment Agreement dated as of October 6, 1995 (the "Agreement"); and

         WHEREAS, the Company and the Executive desire to amend the Agreement to
effect the changes provided for herein.

         NOW, THEREFORE, in consideration of the premises and mutual covenants
contained herein, the receipt and sufficiency of which is hereby acknowledged,
the parties hereto agree as follows:

         1. Effective as of the date hereof, the Agreement is hereby amended by
replacing Section 1 with the following:

               "1. The Company hereby agrees to employ Hollander and Hollander
               hereby agrees to be exclusively employed as the Company's Chief
               Financial Officer. Hollander shall have the title "Chief
               Financial Officer" and shall have the duties commensurate with
               such title."

         2. Effective as of the date hereof, the Agreement is hereby amended by
replacing Section 3(a) with the following:

               "3. (a) As consideration for Hollander's agreement to provide her
               exclusive services to the Company. The Company hereby agrees to
               pay to Hollander a minimum salary of $85,000 per annum pro-rated
               for the period October 6, 1995 through March 2, 1997, inclusive
               and, thereafter, $110,000 per annum for each year during the Term
               hereof. Such salary hereunder shall be payable by the Company on
               a bi-weekly basis."

         3. This Amendment shall be governed by and construed in accordance with
the laws of the State of New York, without regard to principles of conflicts of
law.


<PAGE>



         4. Except as otherwise specifically set forth herein, all of the terms
and provisions of the Agreement shall remain in full force and effect.


            IN WITNESS WHEREOF, the parties have executed this Amendment
as of the day and year first above written.



                                       PDK LABS, INC.

                                       By:  /s/ Michael B. Krasnoff
                                            ---------------------------------
                                            Name:  Michael B. Krasnoff
                                            Title: President

                                            /s/ Karine Hollander
                                            ---------------------------------
                                            Karine Hollander


                                      2
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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 Defense

###### Office of the Secretary

# AGENCY:

National Security Agency, Department of Defense (DoD).

# ACTION:

Notice of intent.

# SUMMARY:

The National Security Agency hereby gives notice of its intent to grant Kapalya, Inc. a revocable, non-assignable, exclusive, license to practice the following Government-Owned invention as described and claimed United States Patent Serial Number (USPSN), 17/934,216, Security System for Hardening a Digital System Against Malware and Method of Operation.

# DATES:

Anyone wishing to object to the grant of this license has until January 5, 2024 to file written objections including evidence and argument that establish that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.

# ADDRESSES:

Written objections are to be filed with the National Security Agency Technology Transfer Program, 9800 Savage Road, Suite 6843, Fort George G. Meade, MD 20755-6843.

# FOR FURTHER INFORMATION CONTACT:

Linda L. Burger, Director, Technology Transfer Program, 9800 Savage Road, Suite 6843, Fort George G. Meade, MD 20755-6843, telephone (443) 634-3518.

# SUPPLEMENTARY INFORMATION:

The prospective exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The patent rights in these inventions have been assigned to the United States Government as represented by the National Security Agency.

Dated: December 15, 2023.

Aaron T. Siegel,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 2023-28073 Filed 12-20-23; 8:45 am]

BILLING CODE 6001-FR-P
24785

#### State v. White

Affirmed
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS FOUND IN
THE COMPANY'S 10-Q, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                       7,855,564
<SECURITIES>                                         0
<RECEIVABLES>                               25,552,350
<ALLOWANCES>                                   700,051
<INVENTORY>                                 24,143,719
<CURRENT-ASSETS>                            62,274,681
<PP&E>                                      12,063,557
<DEPRECIATION>                               4,795,660
<TOTAL-ASSETS>                             106,041,208
<CURRENT-LIABILITIES>                       10,166,747
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    60,724,478
<OTHER-SE>                                  35,149,983
<TOTAL-LIABILITY-AND-EQUITY>               106,041,208
<SALES>                                     90,341,358
<TOTAL-REVENUES>                            90,341,358
<CGS>                                       42,064,813
<TOTAL-COSTS>                               75,327,301
<OTHER-EXPENSES>                                92,359
<LOSS-PROVISION>                                36,557
<INTEREST-EXPENSE>                              79,660
<INCOME-PRETAX>                             15,194,183
<INCOME-TAX>                                 5,180,170
<INCOME-CONTINUING>                         10,014,013
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                10,014,013
<EPS-BASIC>                                       1.64
<EPS-DILUTED>                                     1.49


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Gehl
Company's condensed consolidated balance sheet at March 29, 1997 and condensed
consolidated statements of income for the three-month period ended March 29,
1997 and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                    3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                              JAN-1-1997
<PERIOD-END>                               MAR-29-1997
<CASH>                                            3137
<SECURITIES>                                         0
<RECEIVABLES>                                    70183
<ALLOWANCES>                                         0<F1>
<INVENTORY>                                      17483
<CURRENT-ASSETS>                                 97659
<PP&E>                                           58511
<DEPRECIATION>                                   36024
<TOTAL-ASSETS>                                  129258
<CURRENT-LIABILITIES>                            35257
<BONDS>                                          22414<F2>
<COMMON>                                           619
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                       66928
<TOTAL-LIABILITY-AND-EQUITY>                    129258
<SALES>                                          43675
<TOTAL-REVENUES>                                 43675
<CGS>                                            30692
<TOTAL-COSTS>                                    30692
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 468
<INCOME-PRETAX>                                   3952
<INCOME-TAX>                                      1423
<INCOME-CONTINUING>                               2529
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      2529
<EPS-PRIMARY>                                      .41<F3>
<EPS-DILUTED>                                      .39<F3>
<FN>
<F1>Company presents receivables on a net basis in compliance with Article 10
of Regulation S-X.
<F2>Includes all non-current portion of debt obligations
<F3>Restated to reflect the impact of Statement of Financial Accounting
Standards No. 128, "Earnings per Share".  The EPS under "EPS-Primary" tag
represents Basic Earnings per Share.
</FN>


</TABLE>
```

[Congressional Record Volume 158, Number 115 (Tuesday, July 31, 2012)]
[House]
[Page H5336]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                              THE JOURNAL

  The SPEAKER pro tempore. The Chair has examined the Journal of the 
last day's proceedings and announces to the House his approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________
```