alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w118






Exhibit 10.118




AMENDMENT NO. 2

TO THE HAMILTON BEACH BRANDS, INC.

UNFUNDED BENEFIT PLAN

(As Amended and Restated Effective as of December 1, 2007)




          Hamilton Beach Brands, Inc. hereby adopts this Amendment No. 2 to the Hamilton Beach Brands,
Inc. Unfunded Benefit Plan (As Amended and Restated Effective as of December 1, 2007) (the “Plan”),
effective January 1, 2010. Words used herein with initial capital letters which are defined in the
Plan are used herein as so defined.




Section 1




          Section 2.12 of the Plan is hereby deleted in its entirety without renumbering the remaining
provisions of Article II.




Section 2




     Section 2.21 of the Plan is hereby amended in its entirety to read as follows:



     “Section 2.21 ROTCE shall mean the consolidated return on total capital employed of
NACCO Industries, Inc. (“NACCO”) as determined by NACCO for a particular Plan Year.”



Section 3




          Sections 2.22 and 2.23 of the Plan are each hereby deleted in their entirety without
renumbering the remaining provisions of Article II.




Section 4




     Section 4.2(c) of the Plan is hereby amended in its entirety to read as follows:



     “(c) Other Sub-Accounts of Covered Employees. Except as otherwise described in the
Plan, for periods on and after January 1, 2010, at the end of each calendar month during a Plan
Year, all Sub-Accounts of the Covered Employees shall be credited with an amount determined by
multiplying such Covered Employee’s average Sub-Account balance during such month by 5%.
Notwithstanding the foregoing:


(i) no earnings shall be credited for the month in which the Covered Employee receives the
distribution of the principle amount of his Sub-Accounts.



(ii) In the event that the ROTCE determined for such Plan Year exceeds 5%, the Excess Profit
Sharing Sub-Account, Basic Excess 401(k) Sub-Account and Excess Matching Sub-Account shall each
retroactively be credited with an additional amount (if any) determined by multiplying the
Participant’s average Sub-Account balance during each month of such Plan Year by the ROTCE rate
over 5% for such Plan Year, compounded monthly. This ROTCE calculation shall be made during the
month in which a Covered Employee incurs a Termination of Employment and shall be based on the
year-to-date ROTCE for the month ending prior to the date the Participant incurred a Termination of
Employment, as calculated by NACCO. For any subsequent month following such Termination, such
ROTCE calculation shall not apply.”



EXECUTED this 10th day of November, 2009.




	 	 	 	 	 
	 	HAMILTON BEACH BRANDS, INC.

 	 
	 	By:  	/s/ Charles A. Bittenbender
 	 
	 	 	Title: Assistant Secretary 	 
	 	 	 	 
	 




1
No. 09-8926.

#### Willie Dee Wesson, Petitioner v. United States.

559 U.S. 1041, 130 S. Ct. 2071,

176 L. Ed. 2d 421,

2010 U.S. LEXIS 2831.

March 29, 2010.

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

Same case below, 583 F.3d 728.
Order filed October 21, 2014.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 14

- 00706

- CV

____________ ANGLO

- DUTCH PETROLEUM INTERNATIO NAL, INC. AND ANGLO

- DUTCH (TENGE), LLC , Appellant s /Cross

- Appellees V. GREENBERG PEDEN, P.C ., AND GERALD J. SWONKE ,

Appellee s /Cross

- Appellant
On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 2004

- 20712



### O R D E R
The clerk’s record in this appeal was filed October 15, 2014. The record reflects that the trial court signed a final judgment on May 13, 2014. On June 12, 2014, the Anglo

- Dutch parties filed timely motion s for new trial and to modify the judgment. The same date, the Greenberg parties filed a timely motion to modify, correct, and reform the judgment, or alternativel y, motion for new trial. Therefore, to perfect an appeal, a notice of appeal was due August 11, 2014. See Tex. R. App.P. 26.1 ( a ) (requ iring the notice of appeal to be filed within 90 days after the

judgment is signed when a timely motion for new trial or other post

- judgment motion is filed)

. The Anglo

- Dutch parties filed their notice of appeal on August 25, 2014. The Greenberg parties filed a notice of appeal on August 26, 2014. Rule 26.1(d) also provides that if any party timely files a notice of appeal, another party may file a notice of appeal within 14 days after the first notice of appeal. See Tex. R. App. P. 26.1(d). Both notices were untimely, but filed within the fifteen

- day period for requesting an extension of time. See Tex. R. App. P. 26.3. The p arties did not fil e a motion for extension of time, however

. A m otion for extension of time is “necessarily implied” when the perfecting instrument is filed within fifteen days of its due date. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). While an extension may be implied, a party filing an untimely notice of appeal is still obligated to come forward with a reasonable explanation to support the late filing. See Miller v. Greenpark Surgery Center Assocs., Ltd. , 974 S.W.2d 805, 808 (Tex. App.

— Houston [14th Dist.] 1998, no pet.). Accordingly, we ORDER the parties to file proper motion s to extend time to file the notice s of appeal within 15 days of the date of this order. See Tex. R. App.
P. 26.3; 10.5(b). The court may dismiss the appeal of a non

- comp liant party. See Tex. R. App. P. 42.3.

PER CURIAM
Opinion issued September 28, 2021

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-21-00118-CV

———————————

NATALIYA KROTOVA ALLEN, Appellant

V.

JOYCE ALLEN RIVES, Appellee

On Appeal from the County Court

Grimes County, Texas

Trial Court Case No. 8916

MEMORANDUM OPINION

Appellant, Natalia Krotova Allen, has filed a motion to dismiss her appeal 

because the parties have resolved their disputed issues. Appellee has not filed an 

opposition to the motion. The Court has not issued an opinion.
2

Accordingly, the Court grants appellant’s motion and dismisses the appeal. 

See TEX. R. APP. P. 42.1(a)(1); 43.2(f). Any other pending motions are dismissed as 

moot.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Farris.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 21

- 51220 Summary Calendar

**United States of America,**
Plaintiff

— Appellee **,**

versus

**Nazario Pizarro**

**- Espinoza,** 
Defendant

— Appellant

**.**

Appeal from the United States District Court for the Western District of Texas USDC No. 4:21

- CR

- 338

- 3

Before **King, Costa,**  and **Ho,** Circuit Judges

**. Per Curiam**  **:** *

The attorney appointed to represent Nazario Pizarro

- Espinoza has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Pizarro

- Espinoza has not filed a response. We have reviewed

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 23, 2022 Lyle W. Cayce Clerk Case: 21-51220 Document: 00516368888 Page: 1 Date Filed: 06/23/2022No. 21

- 51220

2 counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue f or appellate review. Accordingly, counsel’s motion for leave to withdraw is **GRANTED** , counsel is excused from further responsibilities herein, and the **APPEAL IS DISMISSED**

. See **5th Cir. R.** 42.2

. Case: 21-51220 Document: 00516368888 Page: 2 Date Filed: 06/23/2022
EXHIBIT 23.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



            We have  issued our  report  dated  March 12,  2007,  (which  report
includes an explanatory  paragraph  relating to the  application of Statement of
Financial  Accounting Standard No. 158 as of December 31, 2006) accompanying the
consolidated financial statements and schedules included in the Annual Report of
FMS Financial  Corporation  on Form 10-K/A for the year ended December 31, 2006.
We hereby  consent  to the  incorporation  by  reference  of said  report in the
Registration  Statements  of FMS  Financial  Corporation  on Form S-8  (File No.
33-24340)


/s/ Grant Thornton LLP

Philadelphia, Pennsylvania
May 14, 2007
Exhibit
      32.1





CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350





In
      connection with the Quarterly Report of Conscious Intention, Inc.
      (the"Company"), on Form 10-QSB for the period ended September 30, 2006 as filed
      with the Securities and Exchange Commission (the Report"), I, Andrew Hamilton,
      President and Chief Executive Officer of the Company, certify, pursuant to
      18
      U.S.C. Section 1350, as added by Section 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.
              To
                  my knowledge, the information contained in the Report fairly presents,
                  in
                  all material respects, the financial condition and results of operations
                  of the Company as of and for the period covered by the Report.








/s/
      Andrew
      Hamilton


Andrew
      Hamilton


Chief
      Executive Officer


Duly
      Authorized Officer and Principal


Financial
      and Accounting Officer











Date:
      November 17, 2006
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

WHITNEY C. PHILLIPS,

 Plaintiff - Appellant,

 v.

MAGGIE MILLER; et al.,

 Defendants - Appellees.

No. 09-35139

D.C. No. 2:08-cv-00298-EFS

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of Washington

Edward F. Shea, District Judge, Presiding

Submitted May 25, 2010** 

Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

Whitney C. Phillips, a former Washington state prisoner, appeals pro se

from the district court’s judgment dismissing with prejudice his 42 U.S.C. § 1983

FILED

JUN 21 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-35139

action alleging that prison officials unlawfully detained him almost three weeks

past his early release date. We have jurisdiction under 28 U.S.C. § 1291. We

review de novo a dismissal under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d

443, 447 (9th Cir. 2000), and we affirm.

The district court properly concluded that Phillips’s action is barred by the

applicable three-year limitations period. See Wash. Rev. Code § 4.16.080(2); see

also Bagley v. CMC Real Estate Corp., 923 F.2d 758, 760 (9th Cir. 1991).

We deny Phillips’s request for appointment of counsel because he fails to

establish exceptional circumstances for such appointment. See Wilborn v.

Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).

We do not consider issues raised for the first time on appeal. See Foti v. City

of Menlo Park, 146 F.3d 629, 238 (9th Cir. 1998).

AFFIRMED.
Exhibit 12.1  Certification by the Chief Executive Officer Pursuant to Section 302 of the Sarbanes-Oxley
Act of 2002  I, Dongping Fei, certify that:  1.     I have
reviewed this annual report on Form 20-F of Funtalk China Holdings Limited
(the Company);  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;  3.     Based
on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the Company as of, and for,
the periods presented in this report;  4.     The
Companys other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the Company and have:  (a)Designed such disclosure controls and
procedures, or caused such disclosure controls and procedures to be designed
under our supervision, to ensure that material information relating to the
company, including its consolidated subsidiaries, is made known to us by others
within those entities, particularly during the period in which this report is
being prepared;  (b)Evaluated the effectiveness of the
Company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 Companys internal control over financial reporting that occurred during
the period covered by the annual report that has materially affected, or is
reasonably likely to materially affect, the Companys internal control over
financial reporting; and  5.     The
Companys other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the Companys
auditors and the audit committee of the Company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 are reasonably likely to
adversely affect the Company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 Companys internal control over financial reporting.  Date:
July 9, 2010   By:
  /s/
  Dongping FeiName:
  Dongping
  FeiTitle:
  Chief
  Executive Officer
ACCEPTED

12-14-00039-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

10/21/2015 1:16:15 PM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 10/21/2015 1:16:15 PM PAM ESTES Clerk
Exhibit 31.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Richard P. Kundrat,  President and Chief  Executive  Officer of NuVim,  Inc.,
certify that:

1. I have reviewed this Quarterly  Report on Form 10-QSB of NuVim,  Inc. for the
period ended March 31, 2006;

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;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information 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  officers  and  I are  responsible  for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a) Designed such disclosure controls and procedures,  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 those entities,  particularly
during the period in which this report is being prepared;

(b) Evaluated the  effectiveness  of the  registrant'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 occurred  during the  registrant's  most recent
fiscal  quarter  that  has  materially  affected,  or is  reasonably  likely  to
materially affect, the registrant's  internal control over financial  reporting;
and

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation,  to the registrant's auditors and the audit committee of
registrant's   board  of  directors  (or  persons   performing   the  equivalent
functions):

<PAGE>

(a) All  significant  deficiencies  and  material  weaknesses  in the  design or
operation of internal  control over  financial  reporting  which are  reasonably
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 15, 2006

/s/ Richard P. Kundrat
-----------------------------
Richard P. Kundrat, President
and Chief Executive Officer
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-41141

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE AMILCAR BRIZUELA, also known as Jose A. Brizuela-Reyes,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:15-CR-476-1

Before JONES, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Jose Amilcar 

Brizuela has moved for leave to withdraw and has filed a brief in accordance 

with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 

F.3d 229 (5th Cir. 2011). Amilcar Brizuela has not filed a response. We have 

reviewed counsel’s brief and the relevant portions of the record reflected 

therein. We concur with counsel’s assessment that the appeal presents no 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 21, 2016

Lyle W. Cayce

Clerk

 Case: 15-41141 Document: 00513558499 Page: 1 Date Filed: 06/21/2016
No. 15-41141

2

nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave 

to withdraw is GRANTED, counsel is excused from further responsibilities 

herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 15-41141 Document: 00513558499 Page: 2 Date Filed: 06/21/2016
Exhibit 32.1
 
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
 PURSUANT TO
 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  I, John Hwang, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge, AMBICOM HOLDINGS’s (formerly Med Control, Inc.) Annual Report on Form 10-K for the fiscal year ended July 31, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Annual Report on Form 10-K fairly presents in all material respects the financial condition and results of operations of AmbiCom Holdings, Inc. (formerly Med Control, Inc.).
   Date:  November 13, 2010

/s/ John HwangName:
John HwangTitle:
Chief Executive Officer, Chief Financial Officer, Director(Principal Executive  and Financial Officer)
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 194 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
H. RES. 194

Electing Members to the Joint Committee of Congress on the Library and 
                    the Joint Committee on Printing.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2023

    Mr. Steil (for himself and Mr. Morelle) submitted the following 
resolution; which was referred to the Committee on House Administration

_______________________________________________________________________

                               RESOLUTION

 
Electing Members to the Joint Committee of Congress on the Library and 
                    the Joint Committee on Printing.

    Resolved,

SECTION 1. ELECTION OF MEMBERS TO JOINT COMMITTEE OF CONGRESS ON THE 
              LIBRARY AND JOINT COMMITTEE ON PRINTING.

    (a) Joint Committee of Congress on the Library.--The following 
Members are hereby elected to the Joint Committee of Congress on the 
Library, to serve with the chair of the Committee on House 
Administration and the chair of the Subcommittee on the Legislative 
Branch of the Committee on Appropriations:
            (1) Mr. Carey.
            (2) Mr. Morelle.
            (3) Ms. Sewell.
    (b) Joint Committee on Printing.--The following Members are hereby 
elected to the Joint Committee on Printing, to serve with the chair of 
the Committee on House Administration:
            (1) Mr. Griffith.
            (2) Mr. Murphy.
            (3) Mr. Morelle.
            (4) Mr. Kilmer.
                                 <all>
```
EXHIBIT 12





BAY VIEW
CAPITAL CORPORATION


COMPUTATION OF RATIOS OF EARNINGS (LOSS) TO FIXED CHARGES





Year Ended12/31/2001


12/31/2000Earnings:Loss before income tax benefit

(187,036
)

(382,007
)Add:Interest on advances and other borrowings

54,535


127,139Interest component of rental expense

2,146


2,497Loss before fixed charges excluding interest on customer deposits

(130,355
)

(252,371
)Interest on customer deposits

135,736


176,602Earnings (loss) before fixed charges

5,381


(75,769
)Fixed Charges:Interest on advances and other borrowings

54,535


127,139Interest component of rental expense

2,146


2,497Fixed charges excluding interest on customer deposits

56,681


129,636Interest on customer deposits

135,736


176,602Total fixed charges

192,417


306,238Ratio of earnings (loss) to fixed charges including interest on customer deposits

0.03


(0.25
)Ratio of loss to fixed charges excluding interest on customer deposits

(2.30
)

(1.95
)
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 194 Engrossed in House (EH)]

<DOC>
H. Res. 194

                In the House of Representatives, U. S.,

                                                         March 7, 2023.
    Resolved,

SECTION 1. ELECTION OF MEMBERS TO JOINT COMMITTEE OF CONGRESS ON THE LIBRARY AND 
              JOINT COMMITTEE ON PRINTING.

    (a) Joint Committee of Congress on the Library.--The following Members are 
hereby elected to the Joint Committee of Congress on the Library, to serve with 
the chair of the Committee on House Administration and the chair of the 
Subcommittee on the Legislative Branch of the Committee on Appropriations:
            (1) Mr. Carey.
            (2) Mr. Morelle.
            (3) Ms. Sewell.
    (b) Joint Committee on Printing.--The following Members are hereby elected 
to the Joint Committee on Printing, to serve with the chair of the Committee on 
House Administration:
            (1) Mr. Griffith.
            (2) Mr. Murphy.
            (3) Mr. Morelle.
            (4) Mr. Kilmer.
            Attest:

                                                                          Clerk.
```