alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1

                                                                    EXHIBIT 10.1


                                STORAGE USA, INC.

                               AMENDMENT NO. 1 TO
                             SHAREHOLDER VALUE PLAN


         This Amendment No. 1, dated as of August 1, 2001, to the Storage USA,
Inc. Shareholder Value Plan recites and provides as follows:

         At a meeting held on August 1, 2001, the Board of Directors of Storage
USA, Inc. (the "Company") resolved to amend the Company's Shareholder Value Plan
(the "Plan"), pursuant to Section 4.3 of the Plan, to provide for termination of
current award periods and the payout of Plan awards upon a delisting of Company
common stock.

         NOW, THEREFORE, the following amendments to the Plan are hereby
adopted:

         FIRST:   A new Section 2.7 is added to the Plan, which reads as
                  follows:

         DELISTING EVENT: The registration of the Company's common stock under
         Section 12 of the Securities Exchange Act of 1934, as amended, is
         terminated or the Company's common stock permanently ceases to be
         publicly traded.

         SECOND:  The remaining definitions in Section 2 are renumbered
                  accordingly.

         THIRD:   A new Section 3.7 is added to the Plan, which reads as
                  follows:

         3.7.     DELISTING EVENT: On the effective date of a Delisting Event,
         (i) the Award Period for each outstanding SVU Grant shall be
         accelerated such that each Award Period is deemed to have ended on such
         date and (ii) the Company shall pay each Participant an amount equal to
         the SVU Value for a Participant's SVU Grants multiplied by the number
         of Participant's outstanding SVU Grants. The SVU Value shall be reduced
         by 66% for all SVU Grants which were granted less than twelve months
         prior to the effective date of the Delisting Event and the SVU Value
         shall be reduced by 33% for all SVU Grants which were granted less than
         twenty-four months but more than twelve months prior to the effective
         date of the Delisting Event. No adjustments shall be made to the SVU
         Value for SVU Grants which were granted more than twenty-four months
         prior to the effective date of the Delisting Event. All payments made
         to a Participant under this Section on or after a Delisting Event in
         connection with outstanding SVU Grants shall be made solely in cash.

                  IN WITNESS WHEREOF, the Company has caused this Amendment No.
         1 to be executed as of the date first written above.

                                            STORAGE USA, INC.



                                            By:     /s/ John W. McConomy
                                                 ------------------------------
                                                 John W. McConomy
                                                 Executive Vice President,
                                                 General Counsel and Secretary
```
EXHIBIT 12
```

```

                        JONES APPAREL GROUP, INC.
            COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                            (In millions)

                                          Year Ended December 31,
                                   ------------------------------------
                                       2000          1999          1998
                                   --------      --------      --------

Income before income taxes........   $503.1        $314.6        $251.8
                                   --------      --------      --------
Fixed charges
  Interest expense and
    amortization of
    financing costs...............    103.8          66.9          11.8
  Portion of rent expense
    representing interest.........     50.7          35.4           9.1
                                   --------      --------      --------
Total fixed charges excluding
  capitalized interest............    154.5         102.3          20.9
Capitalized interest..............        -             -           0.7
                                   --------      --------      --------
Total fixed charges...............    154.5         102.3          21.6
                                   --------      --------      --------
Income before income taxes and
  fixed charges...................   $657.6        $416.9        $272.7
                                   ========      ========      ========
Ratio of earnings to
  fixed charges...................      4.3           4.1          12.6
                                   ========      ========      ========
```
|    |                                                                                                                                  |
|----|----------------------------------------------------------------------------------------------------------------------------------|
| 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 Electronic Arts Inc. for the periods presented therein. |

|                         |
|-------------------------|
|                         |
| /s/ Andrew Wilson       |
| Andrew Wilson           |
| Chief Executive Officer |
| Electronic Arts Inc.    |
|                    |
| November 8, 2016        |
|     |                                                                                                                                        |
|-----|----------------------------------------------------------------------------------------------------------------------------------------|
| (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 operations of ACCO Brands Corporation. |

|        |
|--------|
|        |  |
| By:    | /s/ Boris Elisman |
|   | Boris Elisman |
|   | Chairman, President and Chief Executive Officer |
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v. AARON MCQUEEN, a.k.a. Michael Tyler,

Defendant

- Appellant. No. 17

- 50435
D.C. No. 2:17

- cr - 00414

- SVW

MEMORANDUM *

Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding Submitted November 2 7, 2018 **
Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges. Aaron McQueen appeals from the district court’s judgment and challenges
the 120

- month sentence imposed following his guilty

- plea conviction for bank robbery and aiding and abetting in violation of 18 U.S.C. §§ 2113(a), 2(a)

. We have jurisd iction under 28 U.S.C. § 1291, and we affirm.

* This disp osition 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

DEC 3 2018 MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 17

- 50435

McQueen contends that the district court erred procedurally on several grounds. We review for plain error, see United States v. Valencia

- Barragan , 608 F.3d 1103, 1108 (9th Cir. 2010), and conclude that there is none. The district court was not required to give advance notice of its intent to impose an upward variance. See United States v. Vanderwerfhorst , 576 F.3d 929, 934

- 35 (9th Cir. 2009). Moreover, the district court did not plainly err by failing to invite argum ent specifically from the government under the circumstances of this case. S ee United States v. Waknine , 543 F .3d 546, 553

- 54 (9th Cir. 2008). A nd the record shows that any factual error by the court with respect to the date of McQueen’s release
from his previous prison term does not constitute plain error because it did not affect the sentence imposed. See Vanderwerfhorst , 576 F.3d at 937. Finally, the district court’s explanation for the sentence, which touched on several of the 18 U.S.C. § 3553(a) se ntencing factors, was adequate. See United States v. Carty , 520 F.3d 984, 992 (9th Cir. 2008) (en banc). McQueen also contends that his above

- Guidelines sentence is substantively unreasonable because a within

- Guidelines sentence would have been sufficient to satisfy the goals of sentencing. The district court did not abuse its discretion. See Gall v. United States , 552 U.S. 3 8, 51 (2007) . The sentence is substantively reasonable in light of the sect ion 3553(a) sentencing factors and the totality of the circumstances , including McQueen’s dangerous flight from police pursuit and his3 17

- 50435

prior robbery and assault convictions

. See Gall , 552 U.S. at 51. Furthermore, a district court may vary upward based on factors already incorporated into the Guidelines calculations. See United States v. Christensen , 732 F.3d 1094, 1101 (9th Cir. 2013)

. AFFIRMED.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2549 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  2d Session
                                S. 2549

 To designate the facility of the United States Postal Service located 
at 1234 Saint Johns Place in Brooklyn, New York, as the ``Major Robert 
                       Odell Owens Post Office''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2018

Mrs. Gillibrand (for herself and Mr. Schumer) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
at 1234 Saint Johns Place in Brooklyn, New York, as the ``Major Robert 
                       Odell Owens Post Office''.

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

SECTION 1. MAJOR ROBERT ODELL OWENS POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 1234 Saint Johns Place in Brooklyn, New York, shall be known 
and designated as the ``Major Robert Odell Owens Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Major 
Robert Odell Owens Post Office''.
                                 <all>
```
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 259 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                 S. 259

  To modify the prohibition on recognition by United States courts of 
 certain rights relating to certain marks, trade names, or commercial 
                                 names.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2017

 Mr. Nelson (for himself, Mr. Rubio, and Mr. Menendez) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To modify the prohibition on recognition by United States courts of 
 certain rights relating to certain marks, trade names, or commercial 
                                 names.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Stolen Trademarks Honored in 
America Act''.

SEC. 2. MODIFICATION OF PROHIBITION.

    Section 211 of the Department of Commerce and Related Agencies 
Appropriations Act, 1999 (as contained in section 101(b) of division A 
of Public Law 105-277; 112 Stat. 2681-88) is amended--
            (1) in subsection (a)(2)--
                    (A) by striking ``by a designated national''; and
                    (B) by inserting before the period ``that was used 
                in connection with a business or assets that were 
                confiscated unless the original owner of the mark, 
                trade name, or commercial name, or the bona fide 
                successor-in-interest has expressly consented'';
            (2) in subsection (b), by striking ``by a designated 
        national or its successor-in-interest'';
            (3) by redesignating subsection (d) as subsection (e);
            (4) by inserting after subsection (c) the following:
    ``(d) Subsections (a)(2) and (b) of this section shall apply only 
if the person or entity asserting the rights knew or had reason to know 
at the time when the person or entity acquired the rights asserted that 
the mark, trade name, or commercial name was the same as or 
substantially similar to a mark, trade name, or commercial name that 
was used in connection with a business or assets that were 
confiscated.''; and
            (5) in subsection (e), as so redesignated, by striking ``In 
        this section:'' and all that follows through ``(2) The term'' 
        and inserting ``In this section, the term''.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                      55,811,000
<INT-BEARING-DEPOSITS>                         298,000
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                479,863,000
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                  1,038,129,000
<ALLOWANCE>                                 10,540,000
<TOTAL-ASSETS>                           1,664,789,000
<DEPOSITS>                               1,353,762,000
<SHORT-TERM>                                82,323,000
<LIABILITIES-OTHER>                         22,081,000
<LONG-TERM>                                 30,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  9,250,000
<COMMON>                                       200,000
<OTHER-SE>                                 167,173,000
<TOTAL-LIABILITIES-AND-EQUITY>           1,664,789,000
<INTEREST-LOAN>                             67,019,000
<INTEREST-INVEST>                           22,792,000
<INTEREST-OTHER>                               637,000
<INTEREST-TOTAL>                            90,448,000
<INTEREST-DEPOSIT>                          39,322,000
<INTEREST-EXPENSE>                          42,816,000
<INTEREST-INCOME-NET>                       47,632,000
<LOAN-LOSSES>                                2,285,000
<SECURITIES-GAINS>                           3,496,000
<EXPENSE-OTHER>                             36,918,000
<INCOME-PRETAX>                             22,028,000
<INCOME-PRE-EXTRAORDINARY>                  22,028,000
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                14,658,000
<EPS-PRIMARY>                                      .70
<EPS-DILUTED>                                      .70
<YIELD-ACTUAL>                                    4.19
<LOANS-NON>                                  4,391,000
<LOANS-PAST>                                 7,621,000
<LOANS-TROUBLED>                               446,000
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                            10,116,000
<CHARGE-OFFS>                                2,548,000
<RECOVERIES>                                   687,000
<ALLOWANCE-CLOSE>                           10,540,000
<ALLOWANCE-DOMESTIC>                        10,540,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
Exhibit 23

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statements
Nos. 33-31505, 33-50688, 33-54387, 33-52389, 33-55629, 333-32977, 333-37145, 333-79921, 333-38174, 333-53502, 333-90954, 333-97005, 333-105914, 333-138191, 333-139959, 333-155958 and 333-155959 on Form S-8 of our report dated March 6, 2009
relating to the financial statements of AnnTaylor Stores Corporation, and the effectiveness of AnnTaylor Stores Corporations internal control over financial reporting, appearing in this Annual Report on Form 10-K of AnnTaylor Stores
Corporation for the year ended January 31, 2009.



|                         
|-------------------------
|/s/ Deloitte & Touche LLP
|                         
|New York, New York       
|March 6, 2009
Exhibit 32.1


ELECTRONIC ARTS INC.


Certification of Chief Executive Officer


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 Electronic Arts Inc. on Form 10-Q for the period ended December 31, 2014 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Andrew Wilson, Chief Executive Officer of Electronic Arts Inc., certify, pursuant to 18 USC Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (“Section 906”), that to 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 Electronic Arts Inc. for the periods presented therein.







/s/ Andrew WilsonAndrew WilsonChief Executive OfficerElectronic Arts Inc.February 4, 2015





A signed original of this written statement required by Section 906, or other document authenticating, 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 Electronic Arts and will be retained by Electronic Arts and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.2



CERTIFICATION PURSUANT TO

18 U.S.C.
SECTION 1350



In connection with the Quarterly Report of ICT Group, Inc.
(the Company) on Form 10-Q for the period ended March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Vincent A. Paccapaniccia, Executive Vice President, Corporate Finance and
Chief Financial Officer of the Company, hereby certify, to the best of my knowledge, 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.



|            |  |  |  |                                    
|----------- |  |  |  | -----------------------------------
|            |  | 
|May 3, 2005 |  |  |  | /s/ Vincent A. Paccapaniccia       
|            |  |  |  | Vincent A. Paccapaniccia           
|            |  |  |  | Executive Vice President, Corporate
|            |  |  |  | Finance and Chief Financial Officer
EXHIBIT
      23.1





Consent
      of Beard Miller Company LLP


Independent Registered
      Public Accounting Firm




Regarding:




Registration
      Statements, File Nos. 33-80093, 333-80739, 333-27837 and 333-107326




We
      consent to the incorporation by reference in the above listed Registration
      Statements of our report dated March 15, 2007, relating to the consolidated
      financial statements of Union National Financial Corporation incorporated by
      reference in its Annual Report (Form 10-K) for the year ended December 31,
      2006.






/s/
      BEARD
      MILLER COMPANY LLP




Harrisburg,
      Pennsylvania


March
      28,
      2007
EXHIBIT 23



                         Consent of Independent Auditors


     We consent to the inclusion in the Current Report on Form 8-K of First
Merchants Corporation of our report, dated January 25, 2001, on the consolidated
financial statements of Lafayette Bancorporation as of December 31, 2000 and
1999 and for each of the three years in the period ended December 31, 2000.


CROWE, CHIZEK AND COMPANY LLP
December 21, 2001
Indianapolis, Indiana
Exhibit32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with theQuarterly Report of Smith Barney Mid-West Futures Fund L.P. II (the"Partnership") on Form 10-Q for the periodending June 30, 2005 as filed with the Securities and ExchangeCommission on the date hereof (the "Report"),I, Daniel R. McAuliffe, Jr., Chief Financial Officer and Director ofCitigroup Managed Futures LLC, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

(1) The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

(2) The information contained in theReport fairly presents, in all material respects, the financialcondition and results of operations of the Partnership.

/s/ Daniel R. McAuliffe,Jr.

|  |
|--|
|  |  |
|  |

Daniel R. McAuliffe,Jr.Citigroup Managed Futures LLC Chief Financial Officer andDirector     Date: August 15,2005

----