alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.15


 


FIRST AMENDMENT TO THE

TRIMAS CORPORATION

2002 LONG TERM EQUITY INCENTIVE PLAN


 


Pursuant to Section 7(d) of
the TriMas Corporation 2002 Long Term Equity Incentive Plan (the “2002 Equity
Plan”) and resolutions adopted by the Board of Directors of TriMas Corporation
(the “Corporation”) on March 1, 2007 and Stockholders of the Corporation
on March 6, 2007, the 2002 Equity Plan is hereby amended as set forth
below.


 


Effective as
of the last business day immediately preceding the effective date of the
Corporation’s Registration Statement under the Securities Act of 1933, as
amended, Section 4(a) of the Plan is amended and restated in its
entirety to read as follows:


 


4.             Shares Subject to the Plan.


 


(a)           Subject to adjustment as provided in Section 4(b) hereof,
the total number of Shares reserved for issuance in connection with Awards
under the Plan shall be 2,222,000.  No
Award may be granted if the number of Shares to which such Award relates, when
added to the number of Shares previously issued under the Plan, exceeds the
number of Shares reserved under the preceding sentence.  If any Awards are forfeited, canceled,
terminated, exchanged or surrendered or any such Award is settled in cash or
otherwise terminates without a distribution of Shares to the Participant, any
Shares counted against the number of Shares reserved and available under the
Plan with respect to such Award shall, to the extent of any such forfeiture,
settlement, termination, cancellation, exchange or surrender, again be
available for Awards under the Plan. 
Notwithstanding the foregoing, as of the last business day immediately
preceding the effective date of the Company’s Registration Statement under the
Securities Act of 1933, as amended, the 2,222,000 Shares that have been reserved
for issuance under the Plan shall be reduced by the number of Shares that have
been forfeited or otherwise are available for new Awards as of such date under
the Plan, in an amount not to exceed 200,000 Shares, and such Shares shall be
transferred and made available for new grants under the Corporation’s 2006 Long
Term Equity Incentive Plan.


 


This First
Amendment to the TriMas Corporation 2002 Long Term Equity Incentive Plan is
hereby adopted on the 1st day of March, 2007.


 


	
   

  	
  TRIMAS CORPORATION

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By: 

  	
  /s/ Joshua
  A. Sherbin

  
	
   

  	
   

  	
  Joshua A.
  Sherbin

  
	
   

  	
  Its: 

  	
  Secretary
  and General Counsel
**EXHIBIT 31.1**

** **

**CERTIFICATION OFCHIEF EXECUTIVE OFFICERDUPONT PHOTOMASKS, INC.**

 

I, Marshall C. Turner, certifythat:

 

1.             I have reviewed this quarterly report on Form 10-Q ofDuPont Photomasks, Inc;

 

2.             Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisreport;

 

3.             Based on my knowledge, the financial statements, andother financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;

 

4.             The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:

 

a)  Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated 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 disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report, based on such evaluation; and

 

c)  Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and

 

5.             The registrant’s other certifying officer and I havedisclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalentfunctions):

 

a)  All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reporting which arereasonably 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 orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.

 

Date: November 12, 2003

 
| /s/ MARSHALL  C. TURNER  |   |
|--------------------------|--------|
| Marshall C.  Turner      |
| Chief  Executive Officer |

 

1

----
<PAGE>
                                                                    Exhibit 99.1


                              BAYCORP HOLDINGS, LTD

                            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 of BayCorp Holdings, Ltd. (the
"Company") on Form 10-Q for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Frank
W. Getman Jr., 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 result of operations
            of BayCorp Holdings, Ltd. as of March 31, 2003.



Date: May 15, 2003                        /s/ Frank W. Getman Jr.
                                          -----------------------
                                          Frank W. Getman Jr.
                                          President and Chief Executive Officer
                                          (chief executive officer and chief
                                          financial officer)
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT CERES MARINE TERMINALS, INCORPORATED, Petitioner,

v. No. 96-2681 JOHN GEMMA; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents. On Petition for Review of an Order of the Benefits Review Board. (95-583-BRB) Argued: October 31, 1997 Decided: January 22, 1998 Before WILKINSON, Chief Judge, MICHAEL, Circuit Judge, and BUTZNER, Senior Circuit Judge.

_________________________________________________________________ Vacated and remanded by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL ARGUED: Thomas Cecilio Valkenet, YOUNG & VALKENET, L.L.C., Baltimore, Maryland, for Petitioner. Gerald Francis Gay, ARNOLD, BACOT, GAY & DARBY, P.A., Baltimore, Maryland, for Respondents.

_________________________________________________________________Unpublished opinions are not binding pr ecedent in this circuit. See Local Rule 36(c).

_________________________________________________________________ OPINION PER CURIAM:Ceres Marine Terminals, Inc., appeals the entry of an order awarding benefits to its employee, John Gemma, under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq . We vacate the order and remand for rehearing. Gemma sought compensation for permanent partial disability of his right arm--a scheduled disability. See 33 U.S.C. § 908(c)(1) and (19)(1994). Ceres claimed that Gemma injured his shoulder--a nonscheduled disability which requires that an employee prove that he suffered a diminished earning capacity as a result of his disability. See 33 U.S.C. § 908(c)(21) (1994). Gemma stipulated at the outset of the hearing that he would not prove diminished earning capacity. The ALJ, however, after findingthat Gemma suffered an injury to his shoulder, found that he had suffered a 5.4% diminution in earnings capacity as evidenced by the difference between his earnings and those of others of equal position and seniority. The ALJ inferred that the earnings difference was causallyconnected to Gemma's injury "in the absence of any other explanation." Because Ceres' petition for review had been pending before the Benefits Review Board for more than a year, the decision of the ALJ was considered affirmed for the purpose of review in the court of appeals. Omnibus Appropriations Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321-219. An ALJ may consider new issues prior to entry of a compensation order and may in his discretion give notice that he will consider anynew issue. 20 C.F.R. § 702.336(b) (1997). Although this notice is discretionary, the ALJ abused his discretion here by failing to notify the parties that he would consider an issue that Gemma's own stipulation had removed from consideration at the hearing. The ALJ did not give
2Ceres notice and, in effect, precluded it from offering a defense basedon evidence of another explanation for Gemma's diminished earnings.
VACATED AND REMANDED 3
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                    YEAR
<FISCAL-YEAR-END>                          DEC-31-1996             DEC-31-1995
<PERIOD-END>                               DEC-31-1996             DEC-31-1995
<CASH>                                          30,085                  16,864
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  114,941                  94,404
<ALLOWANCES>                                     2,263                   2,257
<INVENTORY>                                    214,437                 176,626
<CURRENT-ASSETS>                               389,830                 331,465
<PP&E>                                          94,823                  62,042
<DEPRECIATION>                                  33,127                  25,385
<TOTAL-ASSETS>                                 488,109                 400,959
<CURRENT-LIABILITIES>                           95,860                  70,612
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           536                     263
<OTHER-SE>                                     376,193                 314,712
<TOTAL-LIABILITY-AND-EQUITY>                   488,109                 400,959
<SALES>                                      1,021,042                 776,365
<TOTAL-REVENUES>                             1,034,078                 786,679
<CGS>                                          717,250                 546,413
<TOTAL-COSTS>                                  717,250                 546,413
<OTHER-EXPENSES>                               186,572                 139,135
<LOSS-PROVISION>                                   800                    (464)
<INTEREST-EXPENSE>                               3,040                   1,908
<INCOME-PRETAX>                                127,763                  99,668
<INCOME-TAX>                                    46,889                  36,183
<INCOME-CONTINUING>                             80,874                  63,485
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                    80,874                  63,485
<EPS-PRIMARY>                                     1.55                    1.22
<EPS-DILUTED>                                     1.51                    1.20
        

</TABLE>
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 Administration for Children and Families
 Proposed Projects *Title:*
                     Request for State Data to Determine the Tribal Family Grant Amount. *OMB No.:*
                     0790-0173. *Description:*
                     This information collection will be used to request data from States that will be used to determine the amount of Tribal Family Assistance Grants. The data requested is the data required to be used by section 412(a)(1)(B) of the Social Security Act, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. *Respondents:*
                     State Governments. Annual Burden Estimates
Instrument
Number of respondents
Number of responses per 
                             respondent
Average burden hours per response
Total burden hoursRequest
18
1
42
756Estimated Total Annual Burden Hours
756
 In compliance with the requirements of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. All requests should be identified by the title of the information collection. The Department specifically requests comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication. Dated: November 27, 2000. Bob Sargis, Reports Clearance Officer.


[FR Doc. 00-30646  Filed 11-30-00; 8:45 am] BILLING CODE 4184-01-M
|                                |
|--------------------------------|
|                                |
| 3D Systems Corp                |
| Alpha and Omega Semiconductor  |
| CommVault Systems Inc          |
| Concur Technologies, Inc       |
| Dealertrack Technologies Inc   |
| Fusion-io Inc                  |
| Hackett Group Inc              |
| Information Services Group Inc |
| Integrated Silicon Solutions   |
| Mercury Systems Inc            |
| Pegasystems Inc                |
| Power Integrations Inc         |
| Progress Software Corp         |
| QLogic Corp                    |
| Shoretel Inc                   |
| Zygo Corp                      |
|                           |
|                           |
|                           |
|                           |
|                           |
**Exhibit 23**

 

 

**INDEPENDENT AUDITORS’ CONSENT**

 

 Weconsent to the incorporation by reference in Registration StatementNos. 33-44449, 33-64656, 333-61976 and 333-39122 of Applied ExtrusionTechnologies, Inc. on Form S-8 of our report dated February 1, 2005, appearingin the Annual Report on Form 10-K of Applied Extrusion Technologies, Inc.for the year ended September 30, 2004.

 
| /s/  Deloitte & Touche LLP |
|--------------------------------|
| Philadelphia,  Pennsylvania    |
| February  1, 2005              |

 

 

----
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-47,915-04

EX PARTE RICHARD CHARLES FININEN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2015F00270A IN THE 5 DISTRICT COURT TH

FROM CASS COUNTY

Per curiam.

O R D E R

Applicant was convicted of bail jumping and failure to appear and sentenced to forty years’

imprisonment. The Sixth Court of Appeals affirmed his conviction. Fininen v. State, No. 06-16-

00039-CR (Tex. App.—Texarkana Oct. 27, 2016)(not designated for publication). Applicant filed

this application for a writ of habeas corpus in the county of conviction, and the district clerk

forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends that appellate counsel failed to timely inform Applicant that his

conviction had been affirmed. Applicant has alleged facts that, if true, might entitle him to relief. 

Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997); Ex parte Crow, 180 S.W.3d 135 (Tex.

Crim. App. 2005). Accordingly, the record should be developed. The trial court is the appropriate
2

forum for findings of fact. TEX. CODE CRIM. PROC. art. 11.07, § 3(d). The trial court shall order

appellate counsel to respond to Applicant’s claim. In developing the record, the trial court may use

anymeans set out in Article 11.07, § 3(d). If the trial court elects to hold a hearing, it shall determine

whether Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the

trial court shall appoint counsel to represent him at the hearing. See TEX. CODE CRIM. PROC. art.

26.04. If counsel is appointed or retained, the trial court shall immediately notify this Court of

counsel’s name.

The trial court shall make findings of fact and conclusions of law as to whether appellate

counsel timely informed Applicant that his conviction had been affirmed. The trial court shall also

determine whether Applicant would have timely filed a petition for discretionary review but for

appellate counsel’s alleged deficient performance. The trial court may make any other findings and

conclusions that it deems appropriate in response to Applicant’s claim.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX.R.APP.P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court.

Filed: January 12, 2022

Do not publish
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAYMOND A. MONTES, Jr., 

Plaintiff-Appellant, 

 v. 

DESERT COMMUNITY COLLEGE 

DISTRICT; et al., 

Defendants-Appellees.

No. 17-56146 

D.C. No. 5:15-cv-01846-JGB-DTB 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Jesus G. Bernal, District Judge, Presiding

Submitted September 12, 2018**

Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges. 

Raymond A. Montes, Jr., appeals pro se from the district court’s order 

denying his post-judgment motion for a new trial under Federal Rule of Civil 

Procedure 59(a), following a jury verdict in his disability discrimination action. 

We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

SEP 20 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-56146 

discretion. Kode v. Carlson, 596 F.3d 608, 612 (9th Cir. 2010). We affirm.

The district court did not abuse its discretion by denying Montes’s motion 

for a new trial because Montes failed to set forth any basis for such relief. See 

Crowley v. Epicept Corp., 883 F.3d 739, 751 (9th Cir. 2018) (setting forth grounds 

for a new trial under Rule 59(a)). 

The district court did not abuse its discretion in its evidentiary rulings 

regarding the Engebretson note or the Maldonado letter. See Fed. R. Evid. 408 

(evidence of an offer to compromise is not admissible to prove or disprove the 

validity of a disputed claim), 801(c) (hearsay inadmissible if offered in evidence to 

prove the truth of the matter asserted in the statement); Wagner v. County of 

Maricopa, 747 F.3d 1048, 1052 (9th Cir. 2013) (standard of review). 

We do not consider issues not specifically and distinctly raised and argued in 

the opening brief, or arguments and allegations raised for the first time on appeal. 

See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
<TABLE> <S> <C>



<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       1,458,000
<SECURITIES>                                   500,000
<RECEIVABLES>                                  697,000
<ALLOWANCES>                                     8,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,754,000
<PP&E>                                      10,303,000
<DEPRECIATION>                               1,091,000
<TOTAL-ASSETS>                              13,395,000
<CURRENT-LIABILITIES>                        1,879,000
<BONDS>                                      9,279,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,000
<OTHER-SE>                                   2,234,000
<TOTAL-LIABILITY-AND-EQUITY>                13,395,000
<SALES>                                              0
<TOTAL-REVENUES>                             5,878,000
<CGS>                                                0
<TOTAL-COSTS>                                4,703,000
<OTHER-EXPENSES>                             2,279,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             749,000
<INCOME-PRETAX>                            (1,853,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,853,000)
<DISCONTINUED>                               (728,000)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,581,000)
<EPS-PRIMARY>                                    (.88)
<EPS-DILUTED>                                    (.88)
        


</TABLE>