alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment to 2000 Employee Stock Purchase Plan



 Exhibit 4.5 
  

AMENDMENT 
 to the 

MICROTUNE, INC. 
 2000 EMPLOYEE
STOCK PURCHASE PLAN 
  
 Pursuant to Section 20 of the
Microtune, Inc. 2000 Employee Stock Purchase Plan (the “Plan”), the Plan is hereby amended as follows: 
  
 1. Section 13(a) of the Plan is deleted in its entirety and the following is substituted in its place: 
  
 “Subject to adjustment upon changes in capitalization of the Company as
provided in Section 19 hereof, the maximum number of shares of the Company’s Common Stock which shall be made available for sale under the Plan shall be 1,630,000 shares.” 
  
 2. This Amendment shall amend only those provisions of the Plan set forth herein, and those sections, paragraphs and
sentences not expressly amended hereby shall remain in full force and effect. 
  
 3. This Amendment shall be effective immediately upon its approval by the stockholders of the Company. 
  
 IN WITNESS WHEREOF, the undersigned has executed this Amendment as of February 27, 2004. 
  

			
	MICROTUNE, INC.
		
	By:	 	/s/ James A. Fontaine
		
	Name:	 	James A. Fontaine
		
	Title:	 	Chief Executive Officer & President


  
 APPROVED BY THE
STOCKHOLDERS OF 
 THE COMPANY ON MAY 5, 2004
IC 

115TH CONGRESS 

2D SESSION S. 2553 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 5, 2018 

Referred to the Committee on Energy and Commerce, and in addition to the 

Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

AN ACT 

To amend title XVIII of the Social Security Act to prohibit 

health plans and pharmacy benefit managers from restricting pharmacies from informing individuals regarding the prices for certain drugs and biologicals. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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2 

S 2553 RFH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Know the Lowest Price 

3 Act of 2018’’. 

4 SEC. 2. PROHIBITION ON LIMITING CERTAIN INFORMATION 

5 ON DRUG PRICES. 

6 (a) IN GENERAL.—Section 1860D–4 of the Social 

7 Security Act (42 U.S.C. 1395w–104) is amended by add8 ing at the end the following new subsection: 

9 ‘‘(m) PROHIBITION ON LIMITING CERTAIN INFORMA10 TION ON DRUG PRICES.—A PDP sponsor and a Medicare 

11 Advantage organization shall ensure that each prescrip12 tion drug plan or MA–PD plan offered by the sponsor or 

13 organization does not restrict a pharmacy that dispenses 

14 a prescription drug or biological from informing, nor pe15 nalize such pharmacy for informing, an enrollee in such 

16 plan of any differential between the negotiated price of, 

17 or copayment or coinsurance for, the drug or biological 

18 to the enrollee under the plan and a lower price the indi19 vidual would pay for the drug or biological if the enrollee 

20 obtained the drug without using any health insurance cov21 erage.’’. 


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3 

S 2553 RFH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply to plan years beginning on or 

3 after January 1, 2020. 

Passed the Senate September 4, 2018. 

Attest: JULIE E. ADAMS, 

Secretary. 


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**EXHIBIT 23.1**
**INDEPENDENT AUDITORS’ CONSENT**
We consent to the incorporation by reference in Registration Statement Nos.333-107555, 333-101569, 333-86595, 333-65721, 333-40697, 333-34677, 33-65412,33-97512, 33-65414, and 33-88114, of Pacific Sunwear of California, Inc. onForm S-8 of our report dated March 19, 2004 (which report expresses anunqualified opinion and includes an explanatory paragraph relating to a changein accounting for goodwill and other intangible assets during the year endedFebruary 1, 2003), appearing in this Annual Report on Form 10-K of PacificSunwear of California, Inc. for the year ended January 31, 2004.
/s/ Deloitte & Touche LLP
DELOITTE & TOUCHE LLP
Costa Mesa, California
*OPINION ISSUED FEBRUARY 20, 2009*

#### MARK ANGELUCCI AND KATHY S. ANGELUCCI VS. DIVISION OF HIGHWAYS

(CC-07-0219)

Claimant Mark Angelucci, appeared *pro se.*

Jason C. Workman, Attorney at Law, for respondent.

PER CURIAM:

Claimants brought this action for vehicle damage which occurred when their 2005 GMC Yukon struck a hole while Mark Angelucci was driving on W.Va. Route 91 in Farmington, Marion County. W.Va. Route 91 is a road maintained by respondent. The Court is of the opinion to make an award in this claim for the reasons more fully set forth below.

*237The incident giving rise to this claim occurred on April 24, 2007. The speed limit on W.Va. Route 91 is twenty-five miles per hour. At the time of the incident, Mr. Angelucci was traveling north on W.Va. Route 91 towards Farmington. As he was driving at approximately twenty-five miles per hour, his vehicle struck a hole in the road. The hole was located approximately three or four feet into the roadway towards the right side of the road and was approximately two feet long and twelve inches wide. The hole was covered with water when the incident occurred. Claimants live approximately 1.25 miles from this area, and Mr. Angelucci stated that he travels this road often. As a result of this incident, claimants’ vehicle sustained damage to the passenger side tire and rim. The estimate for the replacement of the tire amounts to $308.00, but claimants have been unable to find a replacement custom rim for their vehicle. Claimants’ insurance deductible at the of the incident was $250.00. Thus, claimants’ recovery is limited to that amount.

The position of the respondent is that it did not have actual or constructive notice of the condition on W.Va. Route 91. The respondent did not present a witness at the hearing.

The well-established principle of law in West Virginia is that the State is neither an insurer nor a guarantor of the safety of travelers upon its roads. *Adkins*v. *Sims,*130 W.Va. 645, 46 S.E.2d 81 (1947). In order to hold respondent liable for road defects of this type, a claimant must prove that respondent had actual or constructive notice of the defect and a reasonable time to take corrective action. *Chapman v. Dep’t. of Highways,*16 Ct. Cl. 103 (1986).

In the instant case, the Court is of the opinion that respondent had, at the least, constructive notice of the hole which claimants’ vehicle struck and that the hole presented a hazard to the traveling public. The size of the hole and the time of year in which this incident occurred leads the Court to conclude that respondent had notice of this hazardous condition. Thus, the Court finds respondent negligent and claimants may make a recovery for the damage to their vehicle.

In accordance with the findings of fact and conclusions of law stated herein above, the Court is of the opinion to and does make an award to the claimants in the amount of $250.00.

Award of $250.00.
Exhibit 32.2

 

**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 Annual Report of GCI, Inc. (the “Company”) on Form 10-K for the period ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, John M. Lowber, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that: 

 

|   | (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------|

 

|   | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

| Date:  March 5, 2008 | /s/ John M. Lowber      |
|----------------------|-------------------------|
|                 | John M. Lowber          |
|                 | Chief Financial Officer |
|                 | GCI, Inc.               |

 

 

 

1
EXHIBIT 23



CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


Jones Apparel Group, Inc.
New York, New York


We hereby consent to the incorporation by reference in the Prospectus
constituting a part of the Registration Statement on Form S-8 filed May 15,
1996 of our reports dated February 6, 1998, relating to the consolidated 
financial statements and schedule of Jones Apparel Group, Inc. and 
subsidiaries appearing in the Company's Annual Report on Form 10-K for the 
year ended December 31, 1997.

We also consent to the reference to us under the caption "Experts" in the
Prospectus.


/s/ BDO Seidman, LLP

BDO Seidman, LLP

New York, New York
March 26, 1998
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 Energy

###### Federal Energy Regulatory Commission

          - [Project No. 7153-018]

                    On August 27, 2024, the New York State Department of Environmental Conservation (New York DEC) submitted to the Federal Energy Regulatory Commission (Commission) notice that it received a request for a Clean Water Act section 401(a)(1) water quality certification as defined in 40 CFR 121.5, from Consolidated Hydro New York, LLC in conjunction with the above captioned project on August 27, 2024. Pursuant to section 4.34(b)(5) of the Commission's regulations,[1]                                          we hereby notify New York DEC of the following:                

Date of Receipt of the Certification Request: August 27, 2024

Reasonable Period of Time to Act on the Certification Request: One year, August 27, 2025.

If the New York DEC fails or refuses to act on the water quality certification request on or before the above date, then the certifying authority is deemed waived pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).

Dated: September 5, 2024.

Debbie-Anne A. Reese,

Acting Secretary.

# Footnotes

1.                             18 CFR 4.34(b)(5).                    
        Back to Citation      

[FR Doc. 2024-20594 Filed 9-10-24; 8:45 am]

BILLING CODE 6717-01-P
EXHIBIT 32.1
**CERTIFICATION**
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section1350, as adopted), Richard P. Thompson, Chief Executive Officer of AradigmCorporation (the “Company”), and Thomas C. Chesterman, Chief Financial Officerof the Company, each hereby certifies that, to the best of his knowledge:
1. The Company’s Quarterly Report on Form 10-Q for the period ended September30, 2003, to which this Certification is attached as Exhibit 32.1 (the“Periodic Report”) fully complies with the requirements of section 13(a) orsection 15(d) of the Securities Exchange Act of 1934, and
2. The information contained in the Periodic Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.
IN WITNESS WHEREOF, the undersigned have set their hands hereto as of the 11thday of November 2003.   /s/ RICHARD P. THOMPSON /s/ THOMAS C. CHESTERMAN Chief Executive Officer Chief Financial Officer
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</TABLE>
Exhibit 99.1
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly  Report of Smith Barney  Mid-West  Futures Fund
L.P. II (the  "Partnership")  on Form 10-Q for the period  ending  September 30,
2002 as filed with the  Securities  and Exchange  Commission  on the date hereof
(the "Report"),  I, David J. Vogel, President of Smith Barney Futures Management
LLC, certify,  pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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
Partnership.


/s/ David J.Vogel
David J. Vogel
Smith Barney Futures Management LLC
Chief Executive Officer
November 14, 2002
II 

115TH CONGRESS 

2D SESSION S. 2778 

To amend the Endangered Species Act of 1973 to include a prohibition 

on the listing of a living nonnative species as a threatened species 

or an endangered species, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2018 

Mr. CRUZ introduced the following bill; which was read twice and referred to 

the Committee on Environment and Public Works 

A BILL 

To amend the Endangered Species Act of 1973 to include 

a prohibition on the listing of a living nonnative species 

as a threatened species or an endangered species, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Saving America’s Vul5 nerable and Endangered Species Act’’ or the ‘‘SAVES 

6 Act’’. 


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2 

•S 2778 IS

1 SEC. 2. PROHIBITION ON LISTING OF LIVING NONNATIVE 

2 SPECIES AS THREATENED SPECIES OR EN3 DANGERED SPECIES. 

4 (a) LIMITATION.—The Endangered Species Act of 

5 1973 (16 U.S.C. 1531 et seq.) is amended by adding at 

6 the end the following: 

7 ‘‘SEC. 19. PROHIBITION ON LISTING OF LIVING NONNATIVE 

8 SPECIES AS THREATENED SPECIES OR EN9 DANGERED SPECIES. 

10 ‘‘Notwithstanding any other provision of law, the Sec11 retary shall not list under section 4(c) any living nonnative 

12 species.’’. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents for the Endangered Species Act of 1973 (16 U.S.C. 

15 prec. 1531) is amended by inserting after the item relating 

16 to section 17 the following: 

‘‘Sec. 18. Annual cost analysis by the Fish and Wildlife Service. 

‘‘Sec. 19. Prohibition on listing of living nonnative species as threatened species 

or endangered species.’’. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS
<TABLE> <S> <C>
                                              
<ARTICLE>                                          5
<CIK>                                              0001013167
<NAME>              Smith Barney Mid-West Futures Fund L.P. II
                                                    
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<FISCAL-YEAR-END>                                  DEC-31-1998
<PERIOD-START>                                     JAN-01-1998
<PERIOD-END>                                       JUN-30-1998
<CASH>                                                      83,844,716
<SECURITIES>                                                (4,467,794)
<RECEIVABLES>                                                  259,878
<ALLOWANCES>                                                         0
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<CURRENT-ASSETS>                                            79,636,800
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<CHANGES>                                                            0
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<EPS-PRIMARY>                                                  (338.17)
<EPS-DILUTED>                                                        0
        

</TABLE>
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<ARTICLE>                          5
<CIK>                              0001013167
<NAME>                             Smith Barney Mid-West Futures Fund L.P. II
                                    
<S>                                  <C>
<PERIOD-TYPE>                      6-MOS
<FISCAL-YEAR-END>                  DEC-31-1997
<PERIOD-START>                     JAN-01-1997
<PERIOD-END>                       JUN-30-1997
<CASH>                                   82,984,076
<SECURITIES>                              2,857,674
<RECEIVABLES>                               277,564
<ALLOWANCES>                                     0
<INVENTORY>                                      0
<CURRENT-ASSETS>                         86,119,314
<PP&E>                                           0
<DEPRECIATION>                                   0
<TOTAL-ASSETS>                           86,119,314
<CURRENT-LIABILITIES>                     1,312,513
<BONDS>                                          0
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