alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amd. 1 to the Aleris Corp. 2010 Equity Incentive Plan



 Exhibit 10.28.1 

ALERIS CORPORATION 
 2010 EQUITY INCENTIVE PLAN 
 AMENDMENT 1 TO 

RESTRICTED STOCK UNIT AGREEMENT 
 On June 11, 2011 you were granted restricted stock units of Aleris Corporation (the “Company”) pursuant to an Award Agreement issued under the Company’s 2010 Equity Incentive Plan (the
“Plan”). 
 In light of the Company becoming a public company, we have amended, restated and renamed the Plan as the 2012
Equity Incentive Plan and we have mutually agreed to amend the terms of your Award Agreement, effective immediately prior to the effectiveness of an initial public offering of the Company pursuant to the Form S-1 filed with the Securities and
Exchange Commission on April 26, 2011, as amended (the “IPO”), as follows: 
  

	 	1.	Section 1. Grant of Restricted Stock Units. The last two sentences of Section 1 are deleted. 


 

	 	2.	Section 9(b). Governmental Regulations and Stop-Transfer Orders. Section 9(b) is amended to delete subsections 9(b)(v), 9(c) and 9(d).


  

	 	3.	Section 10(b). Tax Reporting. Section 10(b) is amended and restated to read in its entirety as follows: 


(b) For purposes of this Agreement, “Fair Market Value” is defined in the Plan. 

 

	 	4.	Section 13. Stockholders Agreement. Section 13 is deleted. 


 

	 	5.	Section 15. Restricted Stock Units Subject to the Plan. Section 15 is amended and restated to read in its entirety as follows:


 Restricted Stock Units Subject to the Plan. By entering into this Agreement, the Participant agrees and
acknowledges that (i) the Participant has received and read a copy of the Plan as in effect on the date hereof, and (ii) the Restricted Stock Units are subject to the Plan. In the event of a conflict between any term or provision contained
in this Agreement and any term or provision of the Plan, the terms and provisions of this Agreement shall prevail. No amendment to the Plan or this Agreement that is inconsistent with the express terms of this Agreement and that adversely affects
any of the Participant’s rights under this Agreement shall be effective as to this Agreement without the Participant’s prior written consent; provided, however, the Committee may amend the Plan and this Agreement to the extent necessary to
comply with the applicable law. 
  

	 	6.	Effective date of this Amendment. This Amendment is effective immediately prior to the effectiveness of the IPO. 


 

	 	7.	Continued Terms of Restricted Stock Units. Except as otherwise amended in this Agreement, your restricted stock units remain subject in all respects to the terms
and conditions of the Award Agreement and the 2012 Equity Incentive Plan and you acknowledge that a copy of the 2012 Equity Incentive Plan has been provided to you. 


 







 Please indicate your acceptance of this Amendment to the Award Agreement with respect to your restricted
stock units by signing and returning a copy of this Amendment to the address set forth below as soon as practicable. 
  

	
	ALERIS CORPORATION
	
	  
	Christopher R. Clegg
	Executive Vice President, General Counsel & Secretary
	
	  
	Roelof IJ. Baan
	Date:



  
 2
APPROVED FOR PUBLIC RELEASE

APPROVED FOR PUBLIC RELEASE

U.S. ARMY COMBAT CAPABILITIES 

DEVELOPMENT COMMAND –

SOLDIER CENTER

Briefer: John Kirk

October 2021

Shade Evaluation Light Source Change 

Approved For Public Release

Project Officers: Rachel Matuszek and Brenda Zarate
APPROVED FOR PUBLIC RELEASE

APPROVED FOR PUBLIC RELEASE

88

Military Primary Light Source Transition 

AATCC Evaluation Procedure 9 

“Evaluation Procedure for Visual Assessment of Color Difference of Textiles”

Current: CIE Illuminant Daylight 7500K (D75) 

Future: CIE Standard Illuminant Daylight 6500K (D65)

SHADE EVALUATION LIGHT SOURCE CHANGE 
APPROVED FOR PUBLIC RELEASE

APPROVED FOR PUBLIC RELEASE

89

Reasoning:

• D75 light source is becoming obsolete

• Standard Illuminant or Light Source:

– U.S. Military: D75

– Commercial: D65

• D75 selected by the U.S. Military in the late 1940s 

• Industry transition to D65 in the 1960s; No military change

SHADE EVALUATION LIGHT SOURCE CHANGE 
APPROVED FOR PUBLIC RELEASE

APPROVED FOR PUBLIC RELEASE

90

Planning:

1. Concurrence from all services

2. Pending and future contracts will use D65 light sources for shade 

evaluation. 

3. Current contracts will be evaluated for potential light source 

transition. 

Current contracts selected for transition to D65 having AATCC Evaluation 

Procedure 9 failures under the D65 source will be evaluated under the D75 

source for a specified period of time after the light source transition. 

4. Timeline is TBD

– The secondary light source, used to check for the presence of metamerism, will 

continue as CIE Standard Illuminant A (incandescent)

– Results will be noted on all reports indicating the light source used and related 

shade comments.

SHADE EVALUATION LIGHT SOURCE CHANGE 
APPROVED FOR PUBLIC RELEASE

APPROVED FOR PUBLIC RELEASE

91

• Contract Questions: 

Speak with your Contracting Officer 

or Contracting Officer Representative

• All Other Questions: 

john.kirk.civ@army.mil

SHADE EVALUATION LIGHT SOURCE CHANGE
(1) Adjusting Price $19.85 CWT

(2) Base Price $20.26 CWT

(3) Change from Base Price per CWT ($0.41)

(4) Price change per gallon ($0.0353)

(Line (3) divide by 11.63 gallons/cwt)

(5) Price change per half gallon ($0.0176)

Price change per quart ($0.0088)

Price change per pint ($0.0044)

Price change per 12-oz pg. ($0.0033)

Price change per 1/3 qt. (10-oz) ($0.0028)

Price change per half pint ($0.0022)

(6) Price adjustment per gallon ($0.04)

Price adjustment per half gallon ($0.02)

Price adjustment per quart ($0.01)

Price adjustment per pint ($0.00)

Price change per 12-oz pg. ($0.00)

Price adjustment per 1/3 qt. (10-oz) ($0.00)

Price adjustment per half pint ($0.00)

NOTE: Numbers in brackets are negative or decreases, all others are positive or increases.

Monthly EPA Calculation for Class I Milk (Clause 52.216-9032 Alt. I)

Based on California Dept. of Food and Agriculture Announcement of Minimum Prices

 Effective Date: February 3, 2013
|    |                                                                                 |
|----|---------------------------------------------------------------------------------|
| 1. | I have reviewed this annual report on Form 10-K/A of VICI Properties Inc.; |

|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report. |

|        |
|--------|
|        |  |  |  |
| Date:  | April 30, 2018 |   |   |
|   |   | By: | /S/ DAVID KIESKE |
|   |   |   | David Kieske |
|   |   |   | Chief Financial Officer |
No. 11-6512.

#### Antonio Breakman, Petitioner v. Nevada.

565 U.S. 1065, 132 S. Ct. 770,

181 L. Ed. 2d 494,

2011 U.S. LEXIS 8605.

November 28, 2011.

Petition for writ of certiorari to the Supreme Court of Nevada denied.
RELIABILITY INCORPORATED 

 

Exhibit 23 

 

CONSENT OF INDEPENDENT AUDITORS 

 

We consent to the incorporation by reference in the Registration Statement (Form S-8 No. 33-60696) pertaining to the Reliability Incorporated Employee Stock Savings Planand Trust and in the related Prospectus of our report dated January 26, 2004, with respect to the consolidated financial statements and schedule of Reliability Incorporated included in the Annual Report (Form 10-K) for the year ended December 31,2003, filed with the Securities and Exchange Commission. 

 

 

BY /s/ ERNST & YOUNG LLP 

 

Houston, Texas 

March 15, 2004
No. 11-267.

#### Geoffrey Todd Krasner, Petitioner v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al.

565 U.S. 978, 132 S. Ct. 543,

181 L. Ed. 2d 349,

2011 U.S. LEXIS 7837.

October 31, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
CERTIFICATIONS

I, Fred M. Montano, certify that:

     1. I have reviewed the report being filed on Form 10-QSB by Falcon Ridge
Development Inc.;

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

     3. Based on my knowledge, the financial statements, and other financial
information included in the report, fairly present in all material respects the
financial condition, results of operations and cash flows of Falcon Ridge
Development Inc. as of, and for, the periods presented in the report;

     4. I and the other certifying officer are responsible for establishing and
maintaining disclosure controls and procedures (as such term is defined in
Regulation 13a-14 of the Securities Exchange Act of 1934) for Falcon Ridge
Development Inc. and have:

          i. Designed such disclosure controls and procedures to ensure that
     material information relating to Falcon Ridge Development Inc., including
     its consolidated subsidiaries, is made known to us by others within those
     entities, particularly during the period in which the periodic reports are
     being prepared;

          ii. Evaluated the effectiveness of Falcon Ridge Development Inc.'s
     disclosure controls and procedures as of a date within 90 days prior to the
     filing date of the report ("Evaluation Date"); and

          iii. Presented in the report our conclusions about the effectiveness
     of the disclosure controls and procedures based on our evaluation as of the
     Evaluation Date;

     5. I and the other certifying officer have disclosed, based on our most
recent evaluation, to the Falcon Ridge Development Inc. auditors and the audit
committee of the board of directors (or persons fulfilling the equivalent
function):

          i. All significant deficiencies in the design or operation of internal
     controls which could adversely affect Falcon Ridge Development Inc.'s
     ability to record, process, summarize and report financial data and have
     identified Falcon Ridge Development Inc.'s auditors any material weaknesses
     in internal controls; and

          ii. Any fraud, whether or not material, that involves management or
     other employees who have a significant role in the issuer's internal
     controls; and

     6. I and the other certifying officer have indicated in the report whether
or not there were significant changes in internal controls or in other factors
that could significantly affect internal controls subsequent to the date of our
most recent evaluation, including any corrective actions with regard to
significant deficiencies and material weaknesses.



Date: December 21, 2005                 /s/ Fred M. Montano
                                        ----------------------------------------
                                        Fred M. Montano, Chief Executive Officer
Exhibit 34.2 

Report of Independent Registered Public Accounting Firm (Ernst & Young LLP) 

Report of Independent Registered Public Accounting Firm 

The Board of Directors 

U.S. Bank National Association 

We have examined management’s****assertion, included in the accompanying Report on Assessment ofCompliance with Applicable Servicing Criteria, that U.S. Bank National Association (the “Company”) complied with the servicing criteria set forth in Item 1122 (d) of the Securities and Exchange Commission’s Regulation AB for the U.S.Bank Corporate Trust Asset-Backed Securities Platform (the “Platform”), for which the Company provides trustee, securities administration, registrar and paying agent services, as of and for the year ended March 31, 2018, except forservicing criteria Items 1122 (d)(1)(i)-(v), 1122 (d)(2)(i), 1122 (d)(2)(iii), 1122 (d)(2)(v)-(vii), 1122 (d)(3)(i), and 1122 (d)(4)(i)-(xv), which the Company has determined are not applicable to the activities performed by them with respect to theservicing platform covered by this report. Management is responsible for the Company’s compliance with those servicing criteria. Our responsibility is to express an opinion on management’s assertion about the Company’s compliance withthe servicing criteria based on our examination. 

Our examination was conducted in accordance with attestation standards established by the AmericanInstitute of Certified Public Accountants, as adopted by the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Company’s compliance with the applicable servicingcriteria and performing such other procedures as we considered necessary in the circumstances. Our examination included testing of less than all of the individual asset-backed transactions and securities that comprise the Platform, testing of lessthan all of the servicing activities related to the Platform, and determining whether the Company processed those selected transactions and performed those selected activities in compliance with the servicing criteria. Furthermore, our procedureswere limited to the selected transactions and servicing activities performed by the Company during the period covered by this report. Our procedures were not designed to determine whether errors may have occurred either prior to or subsequent to ourtests that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report for the selected transactions or any other transactions. We believe that the evidence we obtained is sufficient andappropriate to provide a reasonable basis for our opinion. 

Our examination does not provide a legal determination on the Company’s compliance withthe servicing criteria. 

In our opinion, management’s assertion that the Company complied with the aforementioned servicing criteria as of and forthe year ended March 31, 2018, for the U.S. Bank Corporate Trust Asset-Backed Securities Platform is fairly stated, in all material respects. 

/s/ Ernst & Young LLP 

Minneapolis,Minnesota 

May 31, 2018
[Federal Register Volume 63, Number 148 (Monday, August 3, 1998)]
[Notices]
[Page 41276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20603]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service


National Register of Historic Places; Notification of Pending 
Nominations

    Nominations for the following properties being considered for 
listing in the National Register were received by the National Park 
Service before July 25, 1998. Pursuant to section 60.13 of 36 CFR Part 
60 written comments concerning the significance of these properties 
under the National Register criteria for evaluation may be forwarded to 
the National Register, National Park Service, 1849 C St. NW, NC400, 
Washington, DC 20240. Written comments should be submitted by August 
18, 1998.
Carol D. Shull,
Keeper of the National Register.

Colorado

Denver County
Lowry Field Brick Barracks, 200 N. Rampart Way, Denver, 98001076

Louisiana

Bossier Parish
Bossier High School, 322 Colquitt St., Bossier City, 98001079
Jefferson Parish
Pitre, Vic House, 476 Sala Ave., Westwego, 98001080
Southern Pacific Steam Locomotive #745, Jefferson Hwy., between Betz 
Ave. and Coolidge St., Jefferson, 98001077
Orleans Parish
Carver Theater, 2101 Orleans Ave., New Orleans, 98001078

Massachusetts

Norfolk County
Brush Hill Historic District, Roughly Brush Hill Rd., from Robbins St. 
to Bradlee Rd., and Dana Ave., Brush Hill Ln. and Fairmount Ave., 
Milton, 98001081
Suffolk County
Boston Young Men's Christian Association, 312-320 Huntington Ave., 
Boston, 98001082

Michigan

Ingham County
Masonic Temple Building, 314 M.A.C. Ave., East Lansing, 98001083

Montana

Meagher County
Union League of America Hall, Crawford St. at Central Ave. S, White 
Sulphur Springs, 98001084
Park County
Chico Hot Springs, 2 mi. NE of Chico, 3.5 mi. SE of Emigrant, Pray, 
98001085

Nevada

Storey County
King--McBride Mansion, 26-28 S. Howard St., Virginia City, 98001086

Texas

Lamar County
Santa Fe-Frisco Depot (Paris MRA), 1100 W. Kaufman, Paris, 88001939
Travis County
Scott, Zachary T. and Sallie Lee, Sr. House, 2408 Sweetbrush Dr., 
Austin, 98001087

Wisconsin

Calumet County
Stockbridge Harbor, Address Restricted, Stockbridge vicinity, 98001089
Columbia County
Kinsley Bend Mound Group (Late Woodland Stage in Archeological Region 8 
MPS) Address Restricted, Wisconsin Dells vicinity, 98001088
Vilas County
Fort Eagle, 934 Fort Eagle Ln., Phelps, 98001090

    A Request for a MOVE has been received for the following Resource:

Illinois

Cook County
Dempster Street Station, 5001 Dempster St., Skokie, 95001005.

    The MOVE would be 140 Feet East. Station would remain along tracks.

[FR Doc. 98-20603 Filed 7-31-98; 8:45 am]
BILLING CODE 4310-70-P
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**Exhibit 32.1**

**STATEMENT OF CHIEF EXECUTIVE OFFICER UNDER 18 U.S.C. § 1350**

I,Ashutosh Roy, the chief executive officer of eGain Communications Corporation (the “Company”), certify for the purposes of section 1350 of chapter 63 of title 18 of the United States Code that, to my knowledge, 

(i) the Quarterly Report of the Company on Form 10-Q for the period ending March 31, 2011 (the “Report”), fully complieswith the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and 

(ii) the information contained inthe Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

A signed original ofthis written statement required by 18 U.S.C. § 1350 has been provided to eGain Communications Corporation and will be retained by eGain Communications Corporation and furnished to the Securities and Exchange Commission or its staff uponrequest.
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


June 25, 2014


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust, Argus Select 30 Equity Total
Return Trust, Series 1


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for Smart Trust, Argus Select 30 Equity Total Return Trust, Series 1 set forth above (the “Trust”).
We enclosed a list of the Securities to be deposited in the Trust on the date hereof. The prices indicated therein reflect our
evaluation of such Securities as of close of business on June 25, 2014, in accordance with the valuation method set forth in the
Trust Indenture and Agreement. We consent to the reference to The Bank of New York Mellon as the party performing the evaluations
of the Trust Securities in the Registration Statement (No. 333-195945) filed with the Securities and Exchange Commission with respect
to the registration of the sale of the Trust Units and to the filing of this consent as an exhibit thereto.


 


Very truly yours,


 


/s/ GERARDO CIPRIANO_______________ 


Gerardo Cipriano


Vice President