alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.5



 Exhibit 10.5 

AMENDMENT NO. 3 
 TO THE

 VIZIO, INC. 

2007 INCENTIVE AWARD PLAN 

This Amendment No. 3 (“Amendment”) to the VIZIO, Inc. 2007 Incentive Award Plan (the “Plan”), is
adopted by VIZIO, Inc., a California corporation (the “Company”), effective as of December 8, 2014, subject to approval by the shareholders of the Company within (12) months of such adoption by the Board of Directors of
the Company (the “Board”). Capitalized terms used in this Amendment and not otherwise defined shall have the same meanings assigned to them in the Plan. 

RECITALS 
  

	A.	Section 2.1(a) of the Plan provides that the aggregate number of shares of Common Stock that may be issued or transferred pursuant to Awards under the Plan shall be 136,210 shares of Common Stock.


  

	B.	Section 12.1 of the Plan provides that the Board may amend or modify the Plan at any time, provided, however, that to the extent necessary to comply with any applicable law, the Company must obtain
shareholder approval of any Plan amendment as required. 

  

	C.	The Board believes it to be in the best interests of the Company and its shareholders to amend the Plan to increase the maximum aggregate number of shares of Common Stock which may be issued or transferred pursuant to
Awards under the Plan pursuant to Section 2.1(a) of the Plan, subject to approval by the shareholders of the Company within (12) months of such adoption by the Board. 


AMENDMENT 
  

	1.	Subject to approval by the shareholders of the Company, Section 2.1(a) of the Plan is hereby amended by striking “136,210” and replacing it with “140,842”. 


 

	2.	No Awards shall be granted pursuant to the increase in shares of Common Stock under this Amendment unless and until the Company’s shareholders approve this Amendment. 


 

	3.	Except as otherwise expressly set forth in this Amendment, the Plan and each award agreement to be entered into pursuant thereto, shall remain in full force and effect in accordance with its terms. 


 

	4.	This Amendment shall be governed by, interpreted under, and construed and enforced in accordance with the internal laws, and not the laws relating to conflicts or choice of laws, of the State of California applicable to
agreements made and to be performed wholly within the State of California. 









	5.	In the even the shareholders of the Company fail to approve this Amendment within twelve (12) months of the adoption of the Amendment by the Board, this Amendment shall be null and void and of no further force or
effect. 

 **************************************** 

I hereby certify that this Amendment was duly adopted by the Board of Directors of VIZIO, Inc. on December 5, 2014. 

I hereby certify that this Amendment was duly approved by the shareholders of VIZIO, Inc. by written consent on December 8, 2014. 

Executed this 8th day of December, 2014. 
  

			
	VIZIO, INC.
		
		 	 /s/ Rob Brinkman

	Name:	 	Rob Brinkman
	Title:	 	Secretary


 [The remainder of this page is intentionally left blank.]
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

ADAM HERNANDEZ, #2378872, 

Plaintiff,

VS.

B. SMITH, Warden,

Defendant.

)

)

)

) CIVIL ACTION NO.

)

) 3:22-CV-1121-G-BH

)

)

)

ORDER ACCEPTING FINDINGS AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

After reviewing all relevant matters of record in this case, including the

Findings, Conclusions, and Recommendation of the United States Magistrate Judge

and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the court is of

the opinion that the Findings and Conclusions of the Magistrate Judge are correct,

and they are accepted as the Findings and Conclusions of the court. By separate

judgment, the plaintiff’s claims will be dismissed without prejudice under FED. R. CIV.

P. 41(b) for failure to prosecute or comply with court orders.

SO ORDERED.

September 9, 2022.

___________________________________

A. JOE FISH

Senior United States District Judge

Case 3:22-cv-01121-G-BH Document 6 Filed 09/09/22 Page 1 of 1 PageID 23
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION

UNITED STATES OF AMERICA §

§

v. § 2:22-CR-00062-Z-BR

§

MATTHEW WILLIAM GONZALEZ (1) §

REPORT AND RECOMMENDATION

CONCERNING PLEA OF GUILTY

MATTHEW WILLIAM GONZALEZ (1), by consent, under authority of United States v. Dees, 125 F.3d 261 (5th 

Cir. 1997), has appeared before me pursuant to FED. R. CRIM. P. 11, and has entered a plea of guilty to Count 1 of the 

Indictment. After cautioning and examining MATTHEW WILLIAM GONZALEZ (1) under oath concerning each of the 

subjects mentioned in Rule 11, I determined that the guilty plea was knowledgeable and voluntary and that the offense 

charged is supported by an independent basis in fact containing each of the essential elements of such offense. I therefore 

recommend that the plea of guilty be accepted, and that MATTHEW WILLIAM GONZALEZ (1) be adjudged guilty of 18 

U.S.C. §§ 922(g)(1) and 924(a)(2) - CONVICTED FELON IN POSSESSION OF A FIREARM and have sentence imposed 

accordingly. After being found guilty of the offense by the District Judge,

☒ The defendant is currently in custody and should be ordered to remain in custody.

☐ The defendant must be ordered detained pursuant to 18 U.S.C. § 3143(a)(1) unless the Court finds by clear and 

convincing evidence that the defendant is not likely to flee or pose a danger to any other person or the community 

if released.

☐ The Government does not oppose release.

☐ The defendant has been compliant with the current conditions of release.

☐ I find by clear and convincing evidence that the defendant is not likely to flee or pose a danger to any other 

person or the community if released and should therefore be released under § 3142(b) or (c).

☐ The Government opposes release.

☐ The defendant has not been compliant with the conditions of release.

☐ If the Court accepts this recommendation, this matter should be set for hearing upon motion of the 

Government.

☐ The defendant must be ordered detained pursuant to 18 U.S.C. § 3143(a)(2) unless (1)(a) the Court finds there is a 

substantial likelihood that a motion for acquittal or new trial will be granted, or (b) the Government has 

recommended that no sentence of imprisonment be imposed, or (c) exceptional circumstances are clearly shown 

under § 3145(c) why the defendant should not be detained, and (2) the Court finds by clear and convincing evidence 

that the defendant is not likely to flee or pose a danger to any other person or the community if released.

Date: August 25, 2022

______________________________________

UNITED STATES MAGISTRATE JUDGE

NOTICE

Failure to file written objections to this Report and Recommendation within fourteen (14) days from the date of its 

service shall bar an aggrieved party from attacking such Report and Recommendation before the assigned United States 

District Judge. 28 U.S.C. § 636(b)(1)(B).

Case 2:22-cr-00062-Z-BR Document 30 Filed 08/25/22 Page 1 of 1 PageID 64
<PAGE>

                                                                    EXHIBIT 12.1

                        OUTSOURCING SERVICES GROUP, INC.
                         FIXED CHARGE RATIO COMPUTATION

<TABLE>
<CAPTION>
                                                                    YEAR ENDED DECEMBER 31,
                                                   -------------------------------------------------------
                                                     1997           1998            1999            2000
                                                   --------       --------        --------        --------
                                                                     (DOLLARS IN THOUSANDS)
<S>                                                <C>            <C>             <C>           <C>
Income (loss) before taxes and extraordinary
  items.....................................       $    260       $ (1,744)       $    845      $ (2,711)
Fixed charges reflected in income (loss)
before taxes
   Interest expense ........................          2,232         12,446          13,486        16,999
   One-third of rental expenses ............            311            776             991         1,224
                                                   --------       --------        --------      --------
Total Fixed Charges ........................       $  2,543       $ 13,222          14,477        18,223
                                                   --------       --------        ========      ========

Income before taxes plus fixed charges above       $  2,803       $ 11,478        $ 15,321      $ 15,512
                                                   ========       ========        ========      ========
Fixed charge ratio .........................          1.10x          0.87x           1.06x         0.85x
   Deficiency ..............................             --       $  1,744              --      $  2,711
</TABLE>
EXHIBIT
32.2








STATEMENT
OF MARK R. BIERLEY,


EXECUTIVE
VICE PRESIDENT AND CHIEF FINANCIAL OFFICER OF BORDERS GROUP, INC.


PURSUANT
TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002














I, Mark
R. Bierley, certify that the Form 10-Q for the quarter ended October 31, 2009,
of Borders Group, Inc. 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 that
the information contained in the quarterly report fairly presents, in all
material respects, the financial condition and results of operations of Borders
Group, Inc.


























Date:
December 4,
2009








/s/ Mark R.
Bierley


Mark R.
Bierley


Executive
Vice President and Chief Financial Officer


Borders
Group, Inc.
##### 



Exhibit 32.1 CERTIFICATION PURSUANT TO
18 U.S.C. §1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report of Endocardial Solutions, Inc. (the
Company) on Form 10-Q for the three-month period ended March 31, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, James W. Bullock, Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. §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; and2.
    
    The information contained in the Report fairly presents, in
all material respects, the financial condition and results of
operations of the Company. /s/ James W. BullockJames W. BullockChief Executive OfficerMay 7, 2004
#### McDANIEL v. STATE.

No. 26149.

Court of Criminal Appeals of Texas.

Jan. 7, 1953.

*866No attorney on appeal.

George P. Blackburn, State’s Atty., Austin, for the State.

WOODLEY, Judge.

Appellant waived a jury and pleaded guilty to the charge of cattle theft. His punishment was assessed by the court at two years in the penitentiary.

No statement of facts is found in the record and there are no bills of exception. The proceedings appear to be regular.

The judgment is affirmed.
[Federal Register Volume 65, Number 221 (Wednesday, November 15, 2000)]
[Notices]
[Page 69120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29234]


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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Aviation Proceedings, Agreements Filed During the Week Ending 
October 20, 2000

    The following Agreements were filed with the Department of 
Transportation under the provisions of 49 U.S.C. Sections 412 and 414. 
Answers may be filed within 21 days after the filing of the 
application.
    Docket Number: OST-2000-8113.
    Date Filed: October 17, 2000.
    Parties: Members of the International Air Transport Association.
    Subject: CTC COMP 0314 dated 13 October 2000, Resolution 033f--
Local Currency Rate Changes--Pakistan, Intended effective date: 16 
October 2000.

    Docket Number: OST-2000-8120.
    Date Filed: October 18, 2000.
    Parties: Members of the International Air Transport Association.
    Subject: PTC COMP 0695 (Re-issue) dated 6 October 2000, Mail Vote 
088--Resolution 010j, Special Passenger Amending Resolution to/from 
Cyprus, Intended effective date: 1 January 2001.

    Docket Number: OST-2000-8130.
    Date Filed: October 18, 2000.
    Parties: Members of the International Air Transport Association.
    Subject: PTC COMP 0706 dated 17 October 2000, Mail Vote 091--
Resolution 024d (Amending), Currency Names, Codes, Rounding Units and 
Acceptability of Currencies, Intended effective date: 1 December 2000.

    Docket Number: OST-2000-8166.
    Date Filed: October 20, 2000.
    Parties: Members of the International Air Transport Association.
    Subject: PTC23 EUR-JK 0059 dated 3 October 2000, Europe-Japan/Korea 
Resolutions r1-r-48, Technical Correction PTC23 EUR-JK 0060 dated 10 
October 2000, Minutes--PTC23 EUR-JK 0061 dated 13 October 2000, 
Tables--PTC23 EUR-JK FARES 0023 dated 6 October 2000, Intended 
effective date: 1 April 2001.

    Docket Number: OST-2000-8167.
    Date Filed: October 20, 2000.
    Parties: Members of the International Air Transport Association.
    Subject: PTC23 EUR-SWP 0048 dated 13 October 2000, Europe-South 
West Pacific Resolutions r1-r23, Minutes--PTC23 EUR-SWP 0045 dated 3 
October 2000, Tables--PTC23 EUR-SWP FARES 0019 dated 17 October 2000, 
Intended effective date: 1 April 2001.


Dorothy Y. Beard,
Federal Register Liaison.
[FR Doc. 00-29234 Filed 11-14-00; 8:45 am]
BILLING CODE 4910-62-P
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     The Schedule  contains  summary  financial  information  extracted from the
financial  statements for  Independence Tax Credit Plus L.P. IV and is qualified
in its entirety by reference to such financial statements
</LEGEND>

<CIK>                         0000940329
<NAME>                        Independence Tax Credit Plus L.P. IV
<MULTIPLIER>                  1
       
<S>                           <C>
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>                              MAR-31-1998 
<PERIOD-START>                                 APR-01-1997 
<PERIOD-END>                                   JUN-30-1997 
<CASH>                                         14,033,169  
<SECURITIES>                                   21,200,490  
<RECEIVABLES>                                  0           
<ALLOWANCES>                                   0           
<INVENTORY>                                    0           
<CURRENT-ASSETS>                               275,849     
<PP&E>                                         23,909,715  
<DEPRECIATION>                                 506,933     
<TOTAL-ASSETS>                                 61,160,643  
<CURRENT-LIABILITIES>                          4,989,724   
<BONDS>                                        15,879,723  
<PREFERRED-MANDATORY>                          0           
<PREFERRED>                                    0           
<COMMON>                                       0           
<OTHER-SE>                                     40,291,196  
<TOTAL-LIABILITY-AND-EQUITY>                   61,160,643  
<SALES>                                        0           
<TOTAL-REVENUES>                               601,499     
<CGS>                                          0           
<TOTAL-COSTS>                                  0           
<OTHER-EXPENSES>                               478,835     
<LOSS-PROVISION>                               0           
<INTEREST-EXPENSE>                             187,291     
<INCOME-PRETAX>                                (64,627)    
<INCOME-TAX>                                   0           
<INCOME-CONTINUING>                            0           
<DISCONTINUED>                                 0           
<EXTRAORDINARY>                                0           
<CHANGES>                                      0           
<NET-INCOME>                                   (64,627)    
<EPS-PRIMARY>                                  (1.38)      
<EPS-DILUTED>                                  0           
                                                           
                                               

</TABLE>
Case 3:22-cr-00118-L Document 32 Filed 10/18/22 Page 1 of 1 PageID 84
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. 08-50633

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GARY CHRISTOPHER FELAN,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:06-CR-282-1

Before KING, STEWART and HAYNES, Circuit Judges.

PER CURIAM:*

Gary Christopher Felan appeals his conviction following a bench trial for

aiding and abetting in the possession of cocaine with intent to distribute in

violation of 18 U.S.C. § 2; 21 U.S.C. § 841(a)(1) and (b)(1)(B). He challenges the

sufficiency of the evidence to support his conviction. 

The Government had to prove that Felan knowingly possessed the cocaine

with the intent to distribute. United States v. Mata, 491 F.3d 237, 242 (5th Cir.

United States Court of Appeals

Fifth Circuit

F I L E D

August 6, 2009

Charles R. Fulbruge III

Clerk
No. 08-50633

2

2007). A defendant’s intent to distribute may be inferred from the possession of

a large quantity of the drug. Ramos-Cardenas, 524 F.3d at 605. Possession of

narcotics may be “actual or constructive, may be joint among several defendants,

and may be proven by direct or circumstantial evidence.” United States v.

Ramos-Cardenas, 524 F.3d 600, 605 (5th Cir. 2008) (citation omitted). This

court’s definition of constructive possession includes dominion over the premises

in which the contraband is found. United States v. Hinojosa, 349 F.3d 200, 203

(5th Cir. 2003) (citations omitted). In cases of joint occupancy, to prove

constructive possession, there must be some evidence supporting at least a

plausible inference that the defendant had knowledge of and access to the illegal

item. Id. at 204. 

Felan argues that nothing connects him to the tote bag that contained the

bulk of the cocaine, and he relies on evidence that his codefendant, Norma

Bianca Puenta, occupied the apartment with him to support his argument that

the evidence was insufficient to convict him. Constructive possession of a drug,

however, need not be exclusive. See United States v. Patterson, 431 F.3d 832,

837 (5th Cir. 2005). Trial testimony established that men’s clothing was in the

closet where the cocaine was found and that personal documents bearing Felan’s

name were stored in the master bedroom where the closet was located. The

bathroom containing the cocaine was part of the master bedroom. Thus, there

is some evidence to support a plausible inference that Felan had knowledge of

and access to the cocaine in the closet of the master bedroom and in the

bathroom See Hinojosa, 349 F.3d at 204. This evidence, viewed in the light

most favorable to the verdict, is sufficient to show that Felan constructively

possessed the cocaine. See United States v. Serna-Villarreal, 352 F.3d 225, 234

(5th Cir. 2003). 

AFFIRMED.
`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 23 Enrolled Bill (ENR)]

      H.Con.Res.23
                                        Agreed to January 26, 1993      
                       One Hundred Third Congress
                                 of the
                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                          Concurrent Resolution

    Resolved by the House of Representatives (the Senate concurring), 
That the Architect of the Capitol is authorized and directed to transfer 
to the custody of the Chief Justice of the United States the catafalque 
which is presently situated in the crypt beneath the rotunda of the 
Capitol so that the said catafalque may be used in the Supreme Court 
Building in connection with services to be conducted there for the late 
Honorable Thurgood Marshall, former Associate Justice of the Supreme 
Court of the United States.
Attest:







                                  Clerk of the House of Representatives.

Attest:







                                                Secretary of the Senate.`
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          18,967
<SECURITIES>                                         0
<RECEIVABLES>                                    6,167
<ALLOWANCES>                                         0
<INVENTORY>                                      2,769
<CURRENT-ASSETS>                                31,038
<PP&E>                                          53,445
<DEPRECIATION>                                   1,945
<TOTAL-ASSETS>                                 121,949
<CURRENT-LIABILITIES>                           10,492
<BONDS>                                         81,051
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        18,807
<OTHER-SE>                                      (1,740)
<TOTAL-LIABILITY-AND-EQUITY>                   121,949
<SALES>                                         27,536
<TOTAL-REVENUES>                                28,151
<CGS>                                           25,233
<TOTAL-COSTS>                                   25,233
<OTHER-EXPENSES>                                 1,439
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,840
<INCOME-PRETAX>                                 (2,361)
<INCOME-TAX>                                      (620)
<INCOME-CONTINUING>                             (1,740)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1,740)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
CUMULATIVE 9 MONTHS ENDED 9-30-98 INFORMATION IS NOT INCLUDED DUE TO CHANGE IN 
CONTROL OF COMPANY ON MARCH 31, 1998.
</FN>
        


</TABLE>