alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Letter of Amendment between M&I and Mr. Furlong dated February 17, 2009



 Exhibit (10)(t) 
  

			
	



	  	
		  	 Marshall & Ilsley Corporation
 770 North Water Street
 PO Box 2035
 Milwaukee, WI 53201-2035
 414 765-7801
 mibank.com


 February 17, 2010 
 Mr. Mark F. Furlong 
 Marshall &
Ilsley Corporation 
 770 North Water St. 
 Milwaukee, Wisconsin 53202 
 Dear Mark, 
 The purpose of this letter is to amend our letter agreement of December 21, 2006 (the “Letter Agreement”) providing you with a supplemental executive retirement benefit (the
“SERP”). This amendment is necessary given the restructuring of your compensation for 2010 and any future years that Marshall & Ilsley Corporation (“M&I”) remains a participant in the U.S. Treasury’s Capital
Purchase Program under the Troubled Asset Relief Program (“TARP”). All capitalized terms used herein which are not otherwise defined will have the same meaning as in the Letter Agreement. 
 Currently, the Letter Agreement provides that you will receive a Monthly Benefit equal to a percentage of your Compensation. Compensation is defined in the
Letter Agreement to mean the average of your base salary and short-term incentive (unreduced for any deferrals) for the five highest years in the last ten years of employment with M&I. Because of limitations contained in the Interim Final Rule
which governs compensation and benefits paid to certain executives of TARP recipients, you are receiving an enhanced base salary (consisting of a cash component and a stock salary component) and no short-term incentive opportunity. Including your
entire base salary in the calculation of your SERP during the time that M&I is a TARP recipient would increase your SERP above the intended level at the time the Letter Agreement was entered into. 
 Therefore, you and the Company hereby agree that the reference in the definition of Compensation to “base salary” means, for those fiscal years
starting with 2010 that M&I is a TARP recipient, your annual cash salary plus a portion of your stock salary equal to 120% of your annual cash salary (unreduced for any deferrals). If M&I repays the TARP funds such that you receive a
short-term incentive as well as stock salary in a fiscal year, we will mutually agree in writing to a formula for computing Compensation for that fiscal year which is consistent with the intent behind the SERP. 
 If this amendment is agreeable to you, please sign in the space set forth below for this purpose. 
  

	
	Very truly yours,
	
	/s/ Paul J. Renard
	Paul J. Renard, Senior Vice President








 The foregoing is acceptable to me. 
  

					
		 		 	
			
	/s/ Mark F. Furlong	 		 	2/17/10
	Mark F. Furlong	 		 	Date
<PAGE>

                                  Exhibit 12.1

                     REDWOOD EMPIRE BANCORP AND SUBSIDIARIES

                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                          (in thousands, except ratios)

                                                              Year Ended
                                                              December 31
                                                                 1996
                                                              -----------

EXCLUDING INTEREST ON DEPOSITS

Net loss                                                       ($1,486)
Tax benefit                                                     (1,011)
Fixed charges:
  Other interest expense                                         2,716
                                                               -------
Earnings before taxes and fixed charges                           $219
                                                               -------
                                                               -------
Ratio of earnings to fixed charges                                0.08
                                                               -------
                                                               -------

INCLUDING INTEREST ON DEPOSITS

Fixed charges, per above                                        $2,716
Interest on deposits                                            19,927
                                                               -------
Total fixed charges and interest on deposits                   $22,643
                                                               -------
                                                               -------
Earnings before taxes and fixed charges, per above                $219
Interest on deposits                                            19,927
                                                               -------
Total earnings before taxes, fixed charges and
  interest on deposits                                         $20,146
                                                               -------
                                                               -------
Ratio of earnings to fixed charges                                0.89
                                                               -------
                                                               -------
Deficiency                                                      $2,497
                                                               -------
                                                               -------


The 1996 earnings are inadequate to cover fixed charges by the amount noted
above.
#### In the Matter of the Estate of Virginia L. Griffen, Deceased. Anne L. Scarborough, Appellant; Douglas McHoul et al., Respondents.

[718 NYS2d 872]

In a proceeding, *inter alia,*pursuant to SCPA 711 to remove the respondent Douglas McHoul as a preliminary executor, the petitioner appeals from an order of the Surrogate’s Court, Dutchess County (Shapiro, S.), dated November 23, 1999, which, among other things, denied those branches of her motion which were to remove the respondent Douglas McHoul as a preliminary executor, for an accounting, and for an immediate turnover of the subject account to the estate.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, there is no basis to disturb the determination of Surrogate’s Court. Ritter, J. P., S. Miller, Luciano and Smith, JJ., concur.
[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Pages 11716-11717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5938]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XO18


Western Pacific Fishery Management Council; Public Meetings

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meeting.

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

SUMMARY: The Western Pacific Fishery Management Council (Council) will 
hold a meeting of its Marine Mammal Advisory Committee (MMAC).

DATES: The MMAC meeting will be held on April 6-7, 2009, from 8:30 a.m. 
to 5 p.m.

ADDRESSES: The meeting will be held at the Council Office Conference 
Room, 1164 Bishop Street, Suite 1400, Honolulu, HI; telephone: (808) 
522-8220.

FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds, Executive Director; 
telephone: (808) 522-8220.

SUPPLEMENTARY INFORMATION: The MMAC will review recent research and 
activities related to cetacean interactions and depredation in longline 
fisheries, and produce recommendations for future research and 
activities.

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids

[[Page 11717]]

should be directed to Kitty M. Simonds, (808) 522-8220 (voice) or (808) 
522-8226 (fax), at least five days prior to the meeting date.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 16, 2009
Tracey L. Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-5938 Filed 3-18-09; 8:45 am]
BILLING CODE 3510-22-S
Order filed, June 30, 2015.

In The

Fourteenth Court of Appeals

____________

NO. 14-15-00505-CV

____________

UWAKWE C. OKO AND VICTORIA I. OKO, Appellant

V.

TONY ALI, JUNIOR PROPERTIES AND EVERBANK, Appellee

On Appeal from the 400th District Court

Fort Bend County, Texas

Trial Court Cause No. 15-DCV-222803

ORDER

The reporter’s record in this case was due June 15, 2015. See Tex. R. App. 

P. 35.1. The court has not received a request to extend time for filing the record. 

The record has not been filed with the court. Because the reporter’s record has not 

been filed timely, we issue the following order.

We order Karen Rothman, the official court reporter, to file the record in this 

appeal within 10 days of the date of this order. 

PER CURIAM
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

Nos. 04-13-00054-CR, 04-13-00055-CR

Jacinto SOLIS Jr.,

Appellant

v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas

Trial Court Nos. 2010CR9139, 2010CR9140

Honorable Juanita Vasquez-Gardner,

1 Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: March 13, 2013

DISMISSED FOR WANT OF JURISDICTION

Appellant Jacinto Solis Jr. was sentenced on July 10, 2012. Because he did not file a 

motion for new trial, Appellant’s notices of appeal were due to be filed no later than August 9, 

2012. See TEX. R. APP. P. 26.2(a). Our records show (1) the notices of appeal were not filed 

until January 15, 2013, and (2) no motions for extension of time were timely filed. See id.

R. 26.3. 

 1 The Honorable Ray Olivarri is now the presiding judge in the 399th Judicial District Court, Bexar County, Texas.
04-13-00054-CR & 04-13-00055-CR

- 2 -

On February 11, 2013, we ordered Appellant to show cause in writing by February 26, 

2013, why his appeals should not be dismissed for want of jurisdiction.2

 To date, this court has 

not received any response to our order.

This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a 

timely, written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) 

(“A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction.”); Shute v. 

State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988). Accordingly, these appeals are dismissed for 

want of jurisdiction.

PER CURIAM

DO NOT PUBLISH

 2 The trial court’s certifications in these appeals state that “this criminal case is a plea-bargain case, and the 

defendant has NO right of appeal.” We must dismiss an appeal “if a certification that shows the defendant has a 

right of appeal has not been made part of the record.” See TEX. R. APP. P. 25.2(d).
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-04-362-CV

IN RE BRANDON S. SMITH	RELATOR

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

	ORIGINAL PROCEEDING

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

	MEMORANDUM OPINION1

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

	The court has considered relator's petition for writ of mandamus and motion for emergency relief.  The court is of the opinion that relief should be denied.  Accordingly, relator's petition for writ of mandamus and motion for emergency relief are denied.

	Relator shall pay all costs of this original proceeding, for which let execution issue.

								PER CURIAM

PANEL B:	GARDNER, LIVINGSTON, and MCCOY,  JJ.

LIVINGSTON, J., not participating.

DELIVERED: January 31, 2005
**Exhibit 31.2**

**SECTION 302 CERTIFICATION**

I,Jeffrey A. Wahba, certify that:

1.             I have reviewed this Quarterly Report on Form 10-Q ofHireRight, Inc.;

2.             Based on my knowledge, this Quarterly Report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this Quarterly Report;

3.             Based on my knowledge, the financial statements, andother financial information included in this Report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this QuarterlyReport;

4.             The registrant’s other certifying officers and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)), for the registrantand we have:

(a)           designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisQuarterly Report is being prepared;

(b)           evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this QuarterlyReport our conclusions about the effectiveness of the disclosure controls andprocedures as of the end of the period covered by this report based on suchevaluation; and

(c)           disclosed in this Quarterly Reportany change in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

5.             The registrant’s other certifying officers and I havedisclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunctions):

(a)           all significant deficiencies andmaterial weaknesses in the design or operation of internal controls overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and

(b)           any fraud, whether or not material,that involves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.
| Date: September 13, 2007 | By:      | /s/ Jeffrey A. Wahba      |
|--------------------------|----------|---------------------------|
|                     |     | Jeffrey A. Wahba,         |
| * *                 | * * | *Chief Financial Officer* |

 

----
exv10w24






Exhibit 10.24




American Medical Systems Holdings, Inc.

Non-employee Director Compensation Summary




Annual Retainer




We pay our independent directors an annual retainer for serving on the Board and Committees as
follows:




	 	 	 	 	 
	Annual Board Retainer
	 	$	40,000	 
	Lead Director Retainer
	 	$	30,000	 
	Audit Committee member
	 	$	10,000	 
	Audit Committee chair
	 	$	20,000	 
	Compensation Committee member
	 	$	5,000	 
	Compensation Committee chair
	 	$	10,000	 
	Nominating/Corporate Governance Committee member
	 	$	3,000	 
	Nominating/Corporate Governance Committee chair
	 	$	7,500	 
	Technology/Business Development member
	 	$	4,000	 
	Technology/Business Development chair
	 	$	6,000	 






Stock Options




Our current compensation program also provides for the grant of stock options to our non-employee
directors effective as of the date of the director’s first appointment or election to the board and
on an annual basis thereafter. On April 30, 2009 (the date of our 2009 annual meeting of
stockholders), we granted Mr. Emmitt, Mr. Graf, Ms. Kiernan, Dr. McLellan, Dr. Porter, Mr. Sharma
and Mr. Timbie each an option to purchase 30,282 shares of our common stock. All options were
granted under our 2005 Stock Incentive Plan. These options have an exercise price equal to the fair
market value of one share of common stock on the date of grant (as determined under the plan as the
closing sale price of our common stock as of the date of grant during the regular trading session),
and expire seven years from the grant date. The options become exercisable on May 1 of each of the
first three years after the grant date. Upon a change in control, all outstanding options would
become immediately exercisable in full and remain exercisable for a period of up to five years, not
to exceed the expiration date of the option. Each non-employee director who is reelected as a
director at the annual meeting of stockholders or continues to serve as a director after such
meeting will be granted an option to purchase a number of shares of our common stock, as determined
by the board each year prior to the annual meeting for such year. The board anticipates that value
(based on customary valuation methods) of future option grants will be approximately equal to the
value of the options to purchase a total of 30,282 shares granted to independent directors in 2009.




Expenses




In addition, we reimburse our non-employee directors for reasonable out-of-pocket expenses incurred
in connection with attending regularly scheduled meetings.
#### Carl S. Winter *et al. v.*State Road Commission of West Virginia *et al.*

(No. 8019)

Submitted February 19, 1935.

Decided March 16, 1935.

*McKee & McKee,*for appellants.

*Homer A. Holt,*Attorney General, and *B. Dennis Steed,*Assistant Attorney General, for appellees.

Litz, President :

This is a suit by abutting owners to enjoin the improvement of a public highway.

The bill alleges that plaintiffs are joint owners of a tract of land in Ohio County which includes a part of the National *201Road right of way; that defendant, State Road Commission, is constructing a new channel for Little Wheeling Creek through a portion of the original right of way, within plaintiffs’ boundary lines, abandoned by the public authorities in a relocation of the highway in 1915; and that the change in the channel of water course will not only constitute an invasion of the abandoned right of way now claimed by plaintiffs, but will intercept ingress and egress to and from their premises and expose the same to floods and natural erosion by the waters of the stream. Defendants deny that any of the original right of way has been abandoned, or that the proposed improvement will invade the plaintiffs’ boundaries.

Plaintiffs appealed from an order dissolving a preliminary injunction. No supersedeas having been requested or awarded, the work sought to be enjoined has been completed, pending the appeal, for which reason, defendants now move its dismissal. The motion will be sustained. “Where an appeal is taken from an order dissolving or denying a preliminary injunction or dismissing the bill, and, pending the appeal, the act sought to be restrained has been^ accomplished, that fact, upon being brought to the attention of the reviewing court by motion supported by affidavit affords sufficient ground for dismissing the appeal, the dismissal being without prejudice.” High on Injunctions, 4th Ed., section 1701-A. The suit is a pure bill of injunction, having no other purpose than to enjoin the change in the channel of Little Wheeling Creek, which has been accomplished. There is also a dispute of boundary lines.

The appeal is, therefore, dismissed without prejudice.

*Dismissed.*
### Fw: Response to your edits on the first 104 pages of the draft NOx SOx proposal Jan King to: Sherry Russell 07/12/2011 09:14 AM 

### Sherry--please save attachments as well. Jan King Regulatory Development and Policy Analysis Group phone: (919) 541-5665 fax: (919) 541-2664 Mailcode: C404-05
----- Forwarded by Jan King/RTP/USEPA/US on 07/12/2011 09:09 AM -----

From: Lydia Wegman/RTP/USEPA/US To: "Laity, James A." <James

_ A.

_ Laity@omb.eop.gov> Cc: Karen Martin/RTP/USEPA/US@EPA, John Hannon/DC/USEPA/US@EPA, Ginger Tennant/RTP/USEPA/US@EPA, Rich Scheffe/RTP/USEPA/US@EPA, Jan King/RTP/USEPA/US@EPA Date: 07/11/2011 03:02 PM Subject: Response to your edits on the first 104 pages of the draft NOx SOx proposal 

### Jim, Please find attached our response to the edits you sent us on Thursday evening to the first 104 pages of the draft NOx/SOx proposed rule. We are continuing to work on the responses to the remainder of your comments and plan to get those to you before our 4 PM meeting. Thanks.
**Exhibit 31.2**

CERTIFICATION OF CHIEF FINANCIAL OFFICER 

PURSUANT TO 15 U.S.C. SECTION 7241, AS ADOPTED 

PURSUANT TO SECTION 302 OF THE 

SARBANES-OXLEYACT OF 2002 

I, Michael A. Gerlich, certify that: 

1. I have reviewed this Quarterly Report on Form 10-Q of Gastar Exploration, Ltd. (the “Registrant”); 

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, notmisleading with respect to the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Registrant as of, and for, the periods presented in this report; 

4. The Registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as definedin Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Registrant and we have: 

(a) Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the Registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared; 

(b) Evaluated the effectiveness of theRegistrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the Registrant’s internal control over financial reporting that occurredduring the Registrant’s most recent fiscal quarter (the Registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the Registrant’s internal controlover financial reporting; and 

5. The Registrant’s other certifying officer and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the Registrant’s auditors and the audit committee of the Registrant’s board of directors (or persons performing the equivalent functions): 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which arereasonably likely to adversely affect the Registrant’s ability to record, process, summarize and report financial information; and 

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the Registrant’s internal control over financial reporting. 

Date: May 12, 2008
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