alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2016378EN.01001101.xml

| 14.10.2016 | EN | Official Journal of the European Union | C 378/11 |
| --- | --- | --- | --- |

14.10.2016

EN

Official Journal of the European Union

C 378/11

---

Opinion of the Advisory Committee on restrictive practices and dominant positions concerning two draft decisions in Case AT.39745 — CDS Information Market

Rapporteur: Cyprus

(2016/C 378/07)

| 1. | The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee on 16 June 2016 under Article 101 of the Treaty on the Functioning of the European Union (TFEU) and Article 53 of the EEA Agreement. |
| --- | --- |

1.

The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee on 16 June 2016 under Article 101 of the Treaty on the Functioning of the European Union (TFEU) and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the Commission that the proceedings concerning Markit and the International Swaps and Derivatives Association (ISDA) can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission that the proceedings concerning Markit and the International Swaps and Derivatives Association (ISDA) can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.

| 3. | The Advisory Committee agrees with the Commission that the commitments offered by Markit and ISDA are suitable, necessary and proportionate, and should be made legally binding on both Markit and ISDA. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the commitments offered by Markit and ISDA are suitable, necessary and proportionate, and should be made legally binding on both Markit and ISDA.

| 4. | The Advisory Committee agrees with the Commission that, in light of the commitments offered by Markit and ISDA there are no longer grounds for action by the Commission against Markit and ISDA, without prejudice to Article 9(2) of Regulation (EC) No 1/2003. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that, in light of the commitments offered by Markit and ISDA there are no longer grounds for action by the Commission against Markit and ISDA, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.

| 5. | The Advisory Committee asks the Commission to take into account any other points raised during the written consultation. |
| --- | --- |

5.

The Advisory Committee asks the Commission to take into account any other points raised during the written consultation.

| 6. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
| --- | --- |

6.

The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.

Official Journal of the European Union

---
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 State

          - [Public Notice 6512] 

                    The Advisory Committee on Historical Diplomatic Documentation is renewing its charter for a period of two years. This Advisory Committee will continue to make recommendations to the Historian and the Department of State on all aspects of the Department's program to publish the                     *Foreign Relations of the United States*                     series as well as on the Department's responsibility under statute (22 U.S.C. 4351,                     *et seq.*) to open its 30-year old and older records for public review at the National Archives and Records Administration. The Committee consists of nine members drawn from among historians, political scientists, archivists, international lawyers, and other social scientists who are distinguished in the field of U.S. foreign relations.                 

                    Questions concerning the Committee and the renewal of its Charter should be directed to Marc J. Susser, Executive Secretary, Advisory Committee on Historical Diplomatic Documentation, Department of State, Office of the Historian, Washington, DC, 20520, telephone (202) 663-1123 (e-mail                     *history@state.gov*).                 

Dated: February 6, 2009. 

Marc Susser, 

Executive Secretary, Department of State.

 [FR Doc. E9-4599 Filed 3-3-09; 8:45 am] 

BILLING CODE 4710-11-P
No. 11-6470.

#### Michael Tierney, Petitioner v. Nolan P. Espinada, Warden, et al.

565 U.S. 1095, 132 S. Ct. 846,

181 L. Ed. 2d 553,

2011 U.S. LEXIS 9003.

December 12, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
No. 11-6170.

#### Gary William Hallford, Petitioner v. J. Mendez, et al.

565 U.S. 1186, 132 S. Ct. 1164,

2012 U.S. LEXIS 1009.

181 L. Ed. 2d 1033,

January 23, 2012.

Petition for rehearing denied.

Former decision, 565 U.S. 986, 132 S. Ct. 516, 181 L. Ed. 2d 363, 2011 U.S. LEXIS 7798.
STEAM ELECTRIC CBI REPLACEMENT PAGE

EPA

- HQ

- OW

- 200 9-0 819

DCN:_____ SE00338A1

__________________________

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT
CONTAINS CONFIDENTIAL BUSINESS I NFORMATION (CBI) PER 40 CFR PART 2, SUBPART B.
No. 09-8069.

#### Claudell Green, Petitioner v. W. J. Sullivan, Warden, et al.

559 U.S. 949, 130 S. Ct. 1530,

176 L. Ed. 2d 129,

2010 U.S. LEXIS 1135.

February 22, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
No. 09-8248.

#### Brian Lee Nestor, Petitioner v. United States.

559 U.S. 951, 130 S. Ct. 1537,

176 L. Ed. 2d 133,

2010 U.S. LEXIS 1358.

February 22, 2010.

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

Same case below, 574 F.3d 159.
No. 11-6072.

#### Ronald Brown, Petitioner v. McDonalds USA, LLC, et al.

565 U.S. 983, 132 S. Ct. 509,

181 L. Ed. 2d 359,

2011 U.S. LEXIS 7831.

October 31, 2011.

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

Same case below, 430 Fed. Appx. 700.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4786 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 4786

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
   at 535 Wood Street in Bethlehem, Pennsylvania, as the ``H. Gordon 
                     Payrow Post Office Building''.

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

SECTION 1. DESIGNATION.

     The facility of the United States Postal Service located at 535 
Wood Street in Bethlehem, Pennsylvania, shall be known and designated 
as the ``H. Gordon Payrow Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``H. Gordon Payrow Post Office 
Building''.

            Passed the House of Representatives March 28, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 4786

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
   at 535 Wood Street in Bethlehem, Pennsylvania, as the ``H. Gordon 
                     Payrow Post Office Building''.
```
No. 11-511.

#### Catholic Answers, Inc., et al., Petitioners v. United States.

565 U.S. 1178, 132 S. Ct. 1143,

181 L. Ed. 2d 1018,

2012 U.S. LEXIS 920.

January 23, 2012.

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

Same case below, 438 Fed. Appx. 640.
No. 09-8138.

#### Reginald Johnson, Petitioner v. Pennsylvania.

559 U.S. 975, 130 S. Ct. 1693,

176 L. Ed. 2d 187,

2010 U.S. LEXIS 2152.

March 1, 2010.

Petition for writ of cer-tiorari to the Supreme Court of Pennsylvania, Middle District, denied.
Exhibit 99.1
 
 GOLUB CAPITAL BDC 3, INC.
 
 PRIVACY POLICY
 
 To Golub Capital BDC 3, Inc. Investors:
 
 We take precautions to maintain the privacy of personal information concerning our investors. These precautions include the adoption of certain procedures designed to maintain and secure your nonpublic personal information from inappropriate disclosure to unaffiliated third parties. We are sending this notice in accordance with applicable federal regulations. This notice applies to investors in Golub Capital BDC 3, Inc. (the “Company”).
 
 What kind of personal information do we have about you and where did we get it?
 
 We collect nonpublic personal information about you from the following sources:
 
 •Information we may receive from you in subscription agreements or other related documents or forms; and •Information about your transactions with our affiliates and us. 
 How do we protect your personal information?
 
 We do not disclose any nonpublic personal information about our investors or former investors to anyone, except as permitted by law.
 
 We restrict access to nonpublic personal information about you to those employees and agents of GC Advisors LLC, its affiliates and unaffiliated third party service providers (which may include a custodian, transfer agent or financial printer) who need to know that information in order to provide services to you or to the Company. In that regard, we note that we maintain physical, electronic, and procedural safeguards that comply with federal standards to safeguard your nonpublic personal information and which we believe is adequate to prevent unauthorized disclosure of such information.
 
 What do we do with personal information about our former investors?
 
 If an investor decides to no longer do business with us, we will continue to follow this privacy policy with respect to the information we have in our possession about such investor and his/her account.
 
 If you have any questions concerning our privacy policies, please contact our Chief Financial Officer, Ross Teune, at (312) 284-0111.
[Federal Register Volume 74, Number 41 (Wednesday, March 4, 2009)]
[Notices]
[Page 9427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4574]


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

DEPARTMENT OF THE INTERIOR

National Park Service


Flight 93 National Memorial Advisory Commission

AGENCY: National Park Service, Interior.

ACTION: Notice of May 2, 2009 Meeting.

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

SUMMARY: This notice sets forth the date of the May 2, 2009 meeting of 
the Flight 93 Advisory Commission.

DATES: The public meeting of the Advisory Commission will be held on 
Saturday, May 2, 2009 from 10 a.m. to 1 p.m. (Eastern). The Commission 
will meet jointly with the Flight 93 Memorial Task Force.
    Location: The meeting will be held at the Somerset County 
Courthouse, Court Room <greek-i>1, located at 111 E. Union Street, 
Somerset, PA 15501.
    Agenda:
    The May 2, 2009 joint Commission and Task Force meeting will 
consist of:
    1. Opening of Meeting and Pledge of Allegiance.
    2. Review and Approval of Commission Minutes from February 7, 2009.
    3. Reports from the Flight 93 Memorial Task Force and National Park 
Service. Comments from the public will be received after each report 
and/or at the end of the meeting.
    4. Old Business.
    5. New Business.
    6. Public Comments.
    7. Closing Remarks.

FOR FURTHER INFORMATION CONTACT: Joanne M. Hanley, Superintendent, 
Flight 93 National Memorial, 109 West Main Street, Somerset, PA 15501, 
814.443.4557.

SUPPLEMENTARY INFORMATION: The meeting will be open to the public. Any 
member of the public may file with the Commission a written statement 
concerning agenda items. Address all statements to: Flight 93 Advisory 
Commission, 109 West Main Street, Somerset, PA 15501.

    Dated: February 12, 2009.
Joanne M. Hanley,
Superintendent, Flight 93 National Memorial.
 [FR Doc. E9-4574 Filed 3-3-09; 8:45 am]
BILLING CODE 4310-70-P
No. 09-8124.

#### Shane Peek, Petitioner v. Judith Cummings, Administrative Law Judge, New York State Department of Parole, et al.

559 U.S. 963, 130 S. Ct. 1533,

176 L. Ed. 2d 152,

2010 U.S. LEXIS 1043.

February 22, 2010.

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

Justice Sotomayor took no part in the consideration or decision of this petition.
Amendment to Employment Agreement, dated September 28, 2011



 Exhibit 10.18 
 AMENDMENT TO EMPLOYMENT AGREEMENT 
 THIS AMENDMENT (this
“Amendment”), dated September 28, 2011, is made by and between FIVE BELOW, INC. (the “Company”), and DAVID SCHLESSINGER (“Executive”). 

WHEREAS, the Company and Executive are parties to an employment letter agreement, dated October 14, 2010 (the
“Agreement”); and 
 WHEREAS, the Company and Executive wish to amend the Agreement. 

NOW THEREFORE, intending to be legally bound hereby, the parties agree as follows: 

1. The section of the Agreement next to the heading “COMPENSATION” is hereby deleted in its entirety and replaced with the
following: 
 “You will be paid an annual base salary of $600,000, payable in accordance with the Company’s regular
payroll practices, effective as of January 30, 2011 (the first day of the Company’s 2011 fiscal year), which annual base salary will be subject to annual review for increase by the Company’s Board of Directors (the “Board of
Directors”) or the Compensation Committee of the Board of Directors (the “Compensation Committee”) commencing with the Company’s 2014 fiscal year. 
 You will be eligible to participate in the Company’s 2011 fiscal year incentive bonus program (the “Program”), with a payout potential of 40% of your annual base salary if the
Company’s net EBITDA after all incentive payments under the Program (including payments to you) is $40.1 million or more (but less than $42.6 million) and 50% of your annual base salary if the Company’s net EBITDA after all incentive
payments under the Program (including payments to you) is $42.6 million or more. 
 Commencing with the Company’s 2012
fiscal year, the Compensation Committee may, in its sole discretion, approve payments of bonuses to you.” 
 2. The
Agreement, as modified by this Amendment, is hereby ratified and confirmed in all respects. 
 [signature page follows]








 IN WITNESS WHEREOF, each Company has caused this Amendment to be
executed by its duly authorized officer, and Executive has executed this Amendment, in each case on the 28th day of September, 2011. 
  

			
	FIVE BELOW, INC.
		
	By:	 	 /s/ Kenneth R. Bull

		 	Kenneth R. Bell
		
	Title:	 	 Senior Vice President, Finance

		
	By:	 	 /s/ Steven J. Collins

		 	Steven J. Collins
		
	Title:	 	 Five Below Compensation Committee

	
	DAVID SCHLESSINGER
	
	 /s/ David Schlessinger
#### State v. McDanal

2016 MT 250N

DA 15-0050

10/04/16

Affirmed

Dist. 20 (Lake)
Exhibit 10.27.1


           THIRD AMENDMENT TO REVOLVING CREDIT SECURED PROMISSORY NOTE

This Third Amendment to Revolving Credit Secured Promissory Note  ("Amendment"),
is made and  entered  into this 1st day of January,  2003 by and between  Berg &
Berg Enterprises,  LLC, a California limited liability  company,  or its assigns
("Berg") and Mission West  Properties,  L.P.,  a Delaware  limited  partnership,
Mission West Properties,  L.P. I, a Delaware limited  partnership,  Mission West
Properties,   L.P.  II,  a  Delaware  limited  partnership,   and  Mission  West
Properties,  L.P. III, a Delaware limited partnership  (collectively referred to
herein as "Mission").

                                    RECITALS

A.   Berg has provided Mission revolving credit secured by a promissory note and
     deed of  trust in the  amount  of  $100,000,000  pursuant  to that  certain
     Revolving Credit Secured Promissory Note (the "Note") dated July 1, 2001.

B.   Mission has requested and Berg has agreed to decrease the amount  available
     to Mission under the Note by $80,000,000 for a total of $20,000,000 subject
     to the terms and conditions set forth herein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which  are  acknowledged,  the  parties  hereto  agree  to amend  the Note as
follows:

     1.   CREDIT:  The credit  available to Mission  under the Note secured by a
          deed of trust is  decreased  by  $80,000,000  to a total  available of
          $20,000,000.

     2.   SECURITY:  The deed of trust  securing  the Note (the "Deed of Trust")
          shall be modified  and executed by the parties to reflect the decrease
          in the credit available under the Note.

     3.   RATIFICATION OF NOTE:  Except as modified  herein,  the Note is hereby
          ratified,  approved and confirmed upon all the terms,  covenants,  and
          conditions.

"Berg"                                        "Mission"
Berg & Berg Enterprises, LLC,                 Mission West Properties, L.P.,
a California limited liability company        Mission West Properties, L.P. I,
                                              Mission West Properties, L.P. II,
                                              Mission West Properties, L.P. III,
                                              Delaware limited partnerships
                                              By: Mission West Properties, Inc.,
                                              Their general partner


By: /s/ Carl E. Berg                          By: /s/ Raymond V. Marino
------------------------------                ------------------------------
Carl E. Berg,                                 Raymond V. Marino,
Manager                                       President and COO
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          21,000
<SECURITIES>                                   133,000
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               204,000
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 204,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,000
<OTHER-SE>                                     230,148
<TOTAL-LIABILITY-AND-EQUITY>                   204,000
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 5,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (5,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (5,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,000)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
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 Agriculture

###### Forest Service 

# AGENCY:

Forest Service, USDA. 

# ACTION:

Notice of meeting. 

# SUMMARY:

The Fresno County Resource Advisory Committee will meet in Prather, California. The purpose of the meeting is to discuss the amended and reauthorized Secure Rural Schools and Community Self-Determination Act of 2000  (Pub. L. 110-343) for expenditure of Payments to States Fresno County Title  II finds. 

# DATES:

The meeting will be held on January 20, 2009 from 6:30 p.m. to 8:30 p.m. 

# ADDRESSES:

                        The meeting will be held at the High Sierra Ranger District, 29688  Auberry Road, Prather California, 93651. Send written comments to Robbin  Ekman, Fresno County Resource Advisory Committee Coordinator, c/o Sierra  National Forest, High Sierra Ranger District, 29688 Auberry Road, Prather, CA 93651 or electronically to                         *rekman@fs.fed.us.*

# FOR FURTHER INFORMATION CONTACT:

Robbin Ekman, Fresno County Resource Advisory  Committee Coordinator, (559) 855-5355 ext. 3341. 

# SUPPLEMENTARY INFORMATION:

The meeting is open to the public. Committee discussion is limited to Forest Service staff and Committee members. However, persons who wish to bring Payments to States Fresno County Title II project matters to the attention of the Committee may file written statements with the Committee staff before or after the meeting. 

*Agenda items to be covered include:*                     (1) Changes to Act (2) Funding and (3)  Project submission and voting timelines.                 

Dated: January 6, 2009. 

Ray Porter, 

District Ranger. 

[FR Doc. E9-449 Filed 1-13-09; 8:45 am] 

BILLING CODE 3410-11-P