alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exhibit102.htm










Exhibit 10.2


FIRST AMENDMENT TO


CONTINENTAL AIRLINES, INC.


INCENTIVE PLAN 2010


(as amended and restated through February 17, 2010)


 







 


WHEREAS, Continental Airlines, Inc. (the “Company”) has heretofore adopted the Continental Airlines, Inc. Incentive Plan 2010 (as amended and restated through February 17, 2010) (the “Plan”); and


 


WHEREAS, the Company has heretofore entered into that certain Agreement and Plan of Merger among UAL Corporation, the Company and JT Merger Sub Inc. dated May 2, 2010, as the same may be amended from time to time (the “Merger Agreement”); and


 


WHEREAS, the Company is required to amend the Plan, pursuant to Section 6.4(a)(v) of the Merger Agreement, to ensure that, after the Effective Time (as such term is defined in the Merger Agreement), no Continental Stock Options or Continental Stock-Based Awards (each such term as defined in the Merger Agreement) may be granted under the Plan and that from and after the Effective Time, awards under the Plan shall be granted with respect to United Common Stock (as such term is defined in the Merger Agreement);


 


NOW, THEREFORE, the Plan shall be amended as follows:


 


I.           Effective as of the Effective Time and for the sake of clarity:


 


The following shall be added as a new Section 5(e) of the Plan:


 


“(e) Notwithstanding any provision of the Plan or in any Grant Document to the contrary, effective as of the Effective Time (as defined in the Agreement and Plan of Merger among UAL Corporation, the Company and JT Merger Sub Inc. dated May 2, 2010, as the same may be amended from time to time):


 


(i): Immediately following the Effective Time, the following Awards may no longer be granted under the Plan with respect to the Common Stock of Continental Airlines, Inc.: (A)  Options, Restricted Stock Awards, or Other Stock Awards, and (B) SARS, Performance Awards, or Incentive Awards that may be settled in shares of Common Stock; and


 


(ii) From and after the Effective Time, any of the following Awards granted under the Plan shall be granted with respect to the common stock, par value $0.01 per share, of UAL Corporation, a Delaware corporation, or any successor thereto: (A) Options, Restricted Stock Awards, or Other Stock Awards, and (B) SARS, Performance Awards, or Incentive Awards that may be settled in shares of Common Stock.”


 


II.           As amended hereby, the Plan is specifically ratified and reaffirmed.


 


IN WITNESS WHEREOF, the undersigned officer of the Company acting pursuant to authority granted to him by the Board of Directors of the Company has executed this instrument on this 27th day of September, 2010.


 


CONTINENTAL AIRLINES, INC.












By:                      /s/ Jeffery A. Smisek 


    Jeffery A. Smisek


    Chairman of the Board, President and Chief Executive Officer
<PAGE>

                                                                    EXHIBIT 12.1

                              ALASKA AIRLINES, INC.

                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                          (IN THOUSANDS, EXCEPT RATIOS)

<TABLE>
<CAPTION>
                                                2003          2002          2001            2000          1999
                                              ---------     ---------     ---------      ---------      --------
<S>                                           <C>           <C>           <C>            <C>            <C>
Earnings:
Income before income tax expense              $  11,838     $ (87,368)    $ (16,421)     $ (20,079)     $186,525

Less: Capitalized interest                       (1,484)       (2,051)       (7,459)       (13,799)      (10,380)
Add:
Interest on indebtedness                         45,164        46,261        47,432         36,043        16,339
Amortization of debt expense                        916           815           695            322           429
Amortization of capitalized interest              4,990         4,993         5,013          4,736         4,663
Portion of rent under long-term
  operating leases representative
  of an interest factor                          66,590        65,896        64,161         62,691        65,243
                                              ---------     ---------     ---------      ---------      --------
Earnings Available for Fixed Charges          $ 128,014     $  28,546     $  93,421      $  69,914      $262,819
                                              =========     =========     =========      =========      ========


Fixed Charges:
Interest on indebtedness                         45,164        46,261        47,432         36,043        16,339
Amortization of debt expense                        916           815           695            322           429
Portion of rent under long-term
  operating leases representative
  of an interest factor                          66,590        65,896        64,161         62,691        65,243
                                              ---------     ---------     ---------      ---------      --------
Total Fixed Charges                           $ 112,670     $ 112,972     $ 112,288       $ 99,056      $ 82,011
                                              =========     =========     =========       ========      ========
Ratio of Earnings to Fixed Charges                 1.14          0.25          0.83           0.71          3.20
                                              =========     =========     =========       ========      ========
Coverage deficiency                                   -     $  84,426     $  18,867       $ 29,142             -
                                              =========     =========     =========       ========      ========
</TABLE>
Occupational Safety and Health Review Commission

Commission Monthly Case Activity for August 2017

1. Cases Pending Beginning of Month 27

2. Cases Added to Docket 1

Aerospace Testing Alliance

No. 16-1167

Direction for Review 8/22/17

3. Cases Subtracted From Docket 0

4. Total Cases Pending End of Month 28
# L_2010191EN.01003501.xml

| 23.7.2010 | EN | Official Journal of the European Union | L 191/35 |
| --- | --- | --- | --- |

23.7.2010

EN

Official Journal of the European Union

L 191/35

---

Corrigendum to
  Official Journal of the European Union L 163 of 30 June 2010

In the table of contents and on page 1:

for:

‘INTERNATIONAL AGREEMENTS’,

read:

‘REGULATIONS’;

in the table of contents and on page 2, the section heading ‘REGULATIONS’ is deleted.

---
<PAGE>

                                                                Exhibit 10 iii


                               AMENDMENT NO. 1 TO

                             DEATH BENEFIT AGREEMENT

         THIS AMENDMENT is made this ____ day of ____________, 2003, by Allen
Telecom Inc. (hereinafter referred to as the "Company").

                              W I T N E S S E T H:

         WHEREAS, the Company entered into a DEATH BENEFIT AGREEMENT (the
"Agreement") by and between the Company and ________________________ (the
"Employee"), dated as of ______________ ___, 2003;

         WHEREAS, the Company and the Employee have reserved the right, pursuant
to Paragraph A of Section 10 of the Agreement, to further amend the Agreement.

         NOW, THEREFORE, the Company and the Employee do hereby amend the
Agreement as follows:

                                       I.

         Effective as of ____________ ___, 2003, Paragraph A of Section 3 of the
Agreement is hereby amended in its entirety to read as follows:

         "A. A lump sum equal to (i) or (ii) below shall be paid to the
     beneficiary or beneficiaries designated on Schedule "A":

             (i) if the Employee dies while employed by Allen, an Affiliate or
         any successor, (x) 500% of the Employee's Annual Compensation as of the
         date of his death minus (y) the amount the employee is entitled to
         receive upon his death under the Company's group-term life insurance
         policy, and

             (ii) if the Employee dies following his employment with Allen, an
         Affiliate or any successor, 250% of the Employee's highest Annual
         Compensation in the five years preceding his termination of employment
         with Allen, an Affiliate or any successor."


<PAGE>

                                       II.

         Effective as of ____________ ___, 2003, Section 7 of the Agreement is
hereby amended in its entirety to read as follows:

         "7. Termination of Agreement - This Agreement shall terminate upon the
     death of the Employee, provided that the Company shall provide such
     cooperation as may be necessary following the death of the Employee to
     cause the proceeds under the Policy to be paid to the Employee's
     beneficiary or beneficiaries."

         IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the ______ day of ________________, 2003.



                                 -----------------------------------------------
                                 EMPLOYEE


                                 ALLEN TELECOM INC.


                                 By:____________________________________________
                                 Title:_________________________________________
#### I. J. HAMLIN, Ex’r. of B. J. CRAWLEY, v. JAMES NEIGHBORS

'The executor of a testator, who has been allowed to carry on a suit *in Jornia pauperis,*may continue such suit without giving bond, if, at the ■time he applies to be made a party, he files a petition showing a propeí' ■case.

*'{Mason w.*¡Osgood, 71 N. C. Rep. 312.; *Osborne*v. *Hemry,*66 N. C. Rep. 354,-cited and approved.)

Civil Action, -originally commenced by Crawley, tried oh ■a motion in the cause, before Judge Kerr at Fall Term, 3875, of Randolph Superior Court.

The Court permitted, on a proper cause shown, Crawley, he testator *of*the plaintiff, to sue *in forma pauperis.*After the action had been pending in Court for several terms, it was submitted to referees. The defendant excepted to the report -of the referees, which exceptions were overruled at Fall Term, 1874, whereupon the defendant gave notice of an appeal to this Court. Pending this appeal, (which has not yet been brought up and docketed in this Court,) and since the Spring Term, 1875, of Randolph Superior Court, the then plaintiff, Crawley, died, leaving a last will, and appointing the plaintiff, I. J. Hamlin, his executor, who proved -said will and qualified as executor thereto.

*67At Fall Term, 1876, of said Superior Court, Hamlin, the ■executor, upon the suggestion of the death of the former plaintiff, his testator, moved to be made plain tiff in his stead. This motion was opposed by the defendant on the ground, that the case was not within the jurisdiction of the Superior Court of Randolph, an appeal then pending in the Supreme Court; and further, that the privilege of suing *in forma paupms*was strictly personal, and that an executor had no right to be made a party and allowed to prosecute the suit without filing a prosecution- bond.

The executor alleged that there was no assets, the defend' ant contending to the contrary. No proof in regard to assets was offered by either party.

The motion of the executor was allowed, and the plaintiff allowed to continue the suit without giving bond.

From this ruling, the defendant appealed.

*Mendenhall &■ Staples, W. Clark, lourgee*and *Gray«& Stamps,*for appellants.

*L. M. Scott,*contm. '

Read's, J.

If the’ exeeutor, Hamlin, when he applied to be made party plaintiff, had filed a petition' and shown a proper case, he might have been permitted under the authority of *Mason*v. *Osgood,*71 N. C. Rep., 212, to continue the suit in *forma pauperis.*But, as he did not do that, then under the authority of *Osbo'i'ne*v. *Henry,*66 N. C. Rep., 354, he ought to have been required to give a prosecution bond.

There is error. Let -this be certified.

Pee,- Cubiam. Judgment reversed.
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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         November 15, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 6, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 647 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-301, K2025-299.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-26578 Filed 11-14-24; 8:45 am]

BILLING CODE 7710-12-P
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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         November 15, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 4, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 630 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-278, K2025-276.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-26547 Filed 11-14-24; 8:45 am]

BILLING CODE 7710-12-P
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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         November 15, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 4, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 625 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-273, K2025-271.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-26541 Filed 11-14-24; 8:45 am]

BILLING CODE 7710-12-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-6416

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

PETER SIMPSON, a/k/a Peter Pillings, a/k/a Clarence Floyd, 

a/k/a Diamond,

Defendant - Appellant.

Appeal from the United States District Court for the Northern 

District of West Virginia, at Clarksburg. Irene M. Keeley, 

District Judge. (1:95-cr-00005-IMK-1)

Submitted: July 19, 2012 Decided: July 23, 2012

Before DUNCAN, AGEE, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Peter Simpson, Appellant Pro Se. Thomas Oliver Mucklow, 

Assistant United States Attorney, Martinsburg, West Virginia; 

Stephen Donald Warner, Assistant United States Attorney, Elkins, 

West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Peter Simpson appeals the district court’s order 

denying his 18 U.S.C. § 3582(c)(2) (2006) motion. We have 

reviewed the record and find no reversible error. Accordingly, 

we affirm for the reasons stated by the district court. United 

States v. Simpson, No. 1:95-cr-00005-IMK-1 (N.D.W. Va. Feb. 17, 

2012). We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before the court and argument would not aid the decisional 

process.

AFFIRMED
Occupational Safety and Health Review Commission
Commission Monthly Case Activity for September 2015

1.Cases Pending Beginning of Month 34
2.Cases Added to Docket 

Richard Kaposy d/b/a Treeman Landscaping
No. 10-2333
Mandate from Third Circuit received on September 10, 2015

Tom Reed Contracting
No. 14-1659
Direction for Review on September 18, 2015

2
3.Cases Subtracted From Docket

Richard Kaposy d/b/a Treeman Landscaping
No. 10-2333
Remand Order on September 24, 2015

Lake Erie Construction Co.
No. 11-0146
Decision and Remand on September 24, 2015

Tom Reed Contracting
No. 14-1659
Remand Order on September 25, 2015

-34.Total Cases Pending End of Month33
United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

 1120 20th Street, N.W., Ninth Floor

 Washington, DC 20036-3457

SECRETARY OF LABOR,

Complainant, 

v. 

OSHRC Docket Nos. 

18-1287 & 18-1288 

FIRST MARINE, LLC, 

Respondent. 

BRIEFING NOTICE

With respect to Citation 2, Item 2, the parties are requested to brief the following issues: 

(1) Whether the judge erred in finding that the Secretary established a 

violation of the cited training provision, 29 C.F.R. § 1915.12(d)(1). 

Specifically, the parties should address whether the judge properly 

considered and weighed the testimony of First Marine employees and 

supervisors. 

(2) Whether the judge erred in characterizing the violation as willful. 

The parties are advised that when a case is directed for review to consider either the merits 

or characterization of an item, the appropriateness of the penalty is also subject to review. 

Accordingly, the parties may address the amount of the penalty if they so choose. 

All briefs are to be filed in accordance with Commission Rule 93.1 The first brief is to be 

filed within 40 days of this notice. A party not intending to file a brief shall notify the Commission 

in accordance with Commission Rule 93. The time for filing any responsive briefs (or letters filed 

in lieu of briefs) shall commence on the date of service.

 BY DIRECTION OF THE COMMISSION

Dated: May 27, 2021 /s/ 

 John X. Cerveny 

 Executive Secretary

1 The Commission requests that all briefs include an alphabetical table of authorities with 

references to the pages on which they are cited, and that an asterisk be placed in the left-hand 

margin of the table to indicate those authorities on which the brief principally relies. The 

Commission also requests that copies of cited authority, other than statutes, regulations, case law, 

law journal articles, and legal treatises, be provided to the Commission and to the opposing party. 

Parties should be cautioned that these materials will be considered only if appropriate.
----

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment

(2006/C 248/08)

(Text with EEA relevance)

----

(1)  Data contains the total annual budget for the EQUAL programme for 2005. The budget also contains measures not constituting State aid. (Calculated with exchange rate HUF 250 = EUR 1.)

(2)  With the exception of the shipbuilding sector and other sectors subject to special rules in regulations and directives governing all state aid within the sector.

(3)  With the exception of the shipbuilding sector and of other sectors subject to special rules in regulations and directives governing all state aid within the sector.

----