alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Notices]
[Page 11079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5586]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Resource Advisory Committee Meeting

AGENCY: Modoc County Resource Advisory Committee, Alturas, California 
96101, USDA Forest Service.

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the authorities in the Federal Advisory Committees 
Act (Pub. L. 92-463) and under the Secure Rural Schools and Community 
Self-Determination Act of 2000 (Pub. L. 110-343) the Modoc National 
Forest's Modoc County Resource Advisory Committee will meet Monday, 
April 6, 2009 in Alturas, California 96101, for a business meeting. The 
meetings are open to the public.

SUPPLEMENTARY INFORMATION: The business meeting on April 6, 2009 will 
begin at 4 pm., at the Modoc National Forest Office, Conference Room, 
800 West 12th St., Alturas, California 96101. Agenda topics will 
include RAC business and reviewing project proposals that meet the 
intent of Public Law 110-343. Time will also be set aside for public 
comments at the beginning of the meeting.

FOR FURTHER INFORMATION CONTACT: Stan Sylva, Forest Supervisor and 
Designated Federal Officer, at (530) 233-8700; or Rural Development and 
Partnership Specialist Dina McElwain at (530) 233-8723.

Stanley G. Sylva,
Forest Supervisor.
 [FR Doc. E9-5586 Filed 3-13-09; 8:45 am]
BILLING CODE 3410-11-P
THIRD
AMENDMENT TO THE
 CAPITOL
BANCORP LTD.
 EMPLOYEE
STOCK OWNERSHIP PLAN
 
 
 The
Capitol Bancorp Ltd. Employee Stock Ownership Plan is hereby amended as
follows:
 
 Effective
February 16, 2009:
 
 By
re-naming the Adopting Employer “Valley First Community Bank” as “Central
Arizona Bank” in Appendix A.
 
 Effective
March 20, 2009:
 
 By
striking the Adopting Employer Central Arizona Bank in Appendix A.
 
 Effective
March 31, 2009:
 
 By
striking the following Adopting Employers from Appendix A:
 
 Brighton Commerce Bank
 Detroit Commerce Bank
 Kent Commerce Bank
 Grand Haven Bank
 Macomb Community Bank
 Muskegon Commerce Bank
 Portage Commerce Bank
 Oakland Commerce Bank
 
 By
re-naming the Adopting Employer “Ann Arbor Commerce Bank” as “Michigan Commerce
Bank” in Appendix A.
 
 Effective
July 1, 2009:
 
 By adding
the Adopting Employer “Bank of Auburn Hills” in Appendix A.
 
 Effective
September 21, 2009:
 
 By
striking the Adopting Employer “Yuma Community Bank” from Appendix
A.
 
 
 CAPITOL BANCORP LTD.
 
 
 Dated:   November 18,
2009                                                                                       
By:           /s/ Cristin K. Reid
 Cristin K. Reid
 Its:           Corporate
President
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

ABRAM PAUL WALTER, 

Defendant-Appellant.

No. 17-30037 

D.C. No. 4:96-cr-00026-HRH

MEMORANDUM*

Appeal from the United States District Court

for the District of Alaska

H. Russel Holland, District Judge, Presiding

Submitted February 13, 2018**

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges. 

Abram Paul Walter appeals from the district court’s order granting 

authorization for funds to be paid from his inmate trust account toward his 

restitution obligation, the court’s denial of his motion for reconsideration of that 

order, and the court’s amended judgment establishing a restitution payment 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

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

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

FILED

FEB 16 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-30037 

schedule. Pursuant to Anders v. California, 386 U.S. 738 (1967), Walter’s counsel 

has filed a brief stating that there are no grounds for relief, along with a motion to 

withdraw as counsel of record. We have provided Walter the opportunity to file a 

pro se supplemental brief. No pro se supplemental brief or answering brief has 

been filed. 

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 

75, 80 (1988), discloses no arguable grounds for relief on direct appeal. 

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.
exhibit10_23-1.htm


    
      
        

        

      

      Exhibit
10.23.1

       

      

        CONSENT
TO ACTION OF THE

        ESOP
ADMINISTRATIVE COMMITTEE

        OF

        APPLETON
PAPERS INC.

        


        The undersigned, being all of the
members of the ESOP Administrative Committee of Appleton Papers Inc. (the
“Committee”), hereby consent to the following actions at a meeting held December
22, 2009:

        


        WHEREAS the Board of Directors of
Appleton Papers Inc., by resolution dated December 5, 2007, granted the ESOP
Administrative Committee the authority to adopt non-material amendments to the
Appleton Papers Retirement Savings and Employee Stock Ownership Plan (the
“Plan”); and

        


        WHEREAS, the Committee desires to amend
and restate the Plan so as to incorporate previously adopted amendments to the
Plan, and to adopt additional provision implementing subsequent changes in
applicable law.

        


        NOW, THEREFORE, be it resolved that the
Committee hereby adopts the APPLETON PAPERS RETIREMENT SAVINGS AND EMPLOYEE
STOCK OWNERSHIP PLAN (Amended and Restated Generally Effective as of January 1,
2009), as set forth in Exhibit A attached hereto.

        


        IN WITNESS WHEREOF, the undersigned
have in one or more counterparts, each of which shall be considered and
original, but all of which shall constitute one and the same document, executed
this Resolution effective as of the 1st day
of January, 2009.

         

        
        

         

        
          	 	 /s/ Mark R.
      Richards
	 	 Mark R.
      Richards
	 	 
	 	 /s/ Thomas J.
      Ferree
	 	 Thomas J.
      Ferree
	 	 
	 	
                   /s/
      Kerry S. Arent

                
	 	 Kerry S.
      Arent
	 	 
	 	 /s/ Kent E.
      Willetts
	 	 Kent E.
      Willetts
I 

109TH CONGRESS 

2D SESSION H. R. 5648 

To amend the Older Americans Act of 1965 to facilitate interaction between 

students and older individuals with limited English proficiency. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 20, 2006 

Mrs. DAVIS of California introduced the following bill; which was referred to 

the Committee on Education and the Workforce 

A BILL 

To amend the Older Americans Act of 1965 to facilitate 

interaction between students and older individuals with 

limited English proficiency. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AMENDMENT. 

4 Section 321(a)(21) is amended by striking ‘‘school5 age children and older individuals, including’’ and insert6 ing ‘‘students and older individuals, including services to 

7 older individuals with limited English proficiency and’’. 

Æ 


jlentini on PROD1PC65 with BILLS
p.1 

OAR Box 1394 

Prepped by Ollie Stewart 

Document Number: 

32) ll-C-2 

Docket Number: 

A-94-52 

Printed 7/3/2008 7:52:00 AM Sheet 32 of 56 
P.2 

-p'C~Z 

APR 1 5 1993 

oJJLIJLLLljn 

OCT I 9IS95 i'fj 

Mr. John Schweitzer, 

Technical Director 

Composites Institute 

355 Lexington Avenue 

New York, New York 10017 

Dear Mr. Schweitzer: 

This is to request specific literature from the Society of; 

Plastics Institute Literature Catalog. Mr. Greg LaFlam, of 

Pacific Environmental Services and I have identified several 

items from the catalog which would help in our understanding of 

the breadth of the industry and in analytical technigues used. 

Guide 

These are: 

1. Catalog #AA-107; 1992 SPI Membership Directory & Buyers 

2. Catalog #BA-130; 1991 Facts & Figures of the U.S. 

Plastics Industry 

3. Catalog #AF-145; Resins Technical Committee Test 

Procedures 

4. Catalog IAF-181 SPI Static Method for Determination of 

Volatile Organic Emissions from Polyester and Vinyl Ester Resins 

5. Catalog #AF-185; styrene Emissions Profile 

6. Catalog #BA-133; Financial and Operating Ratios Survey 

fNo. 30) 

We are also interested in getting the Facts & Figures (item 

2) for 1992. Do you know if that is scheduled to be published 

soon? 

Thank you for your assistance and we look forward to meeting 

again soon. If you have any questions regarding this request, 

feel free to call me at (919) 541-2383. 

Sincerely, 

Madeleine Strum 

Chemical Application Section 

Chemicals and Petroleum Branch 

OAQPS:ESD:CPB:CAS:MSTRUM/wrussell:x2383:NCM:MD-13:4/12/93
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II

CITY OF PORT TOWNSEND, No. 47170-1-II

Respondent,

v. UNPUBLISHED OPINION

RYAN A. BOWEN,

Petitioner.

MAXA, J. — Ryan Bowen filed a motion for discretionary review of his conviction for 

possession of less than 40 grams of marijuana, entered by a court of limited jurisdiction. RAP 

2.3(d). A commissioner of this court granted review. After we accepted review, Bowen and the 

City of Port Townsend filed an agreed motion to reverse the conviction. We reverse and dismiss 

Bowen’s conviction with prejudice.

FACTS

Bowen was charged with misdemeanor marijuana possession on May 28, 2012. He 

entered into a pretrial diversion agreement on June 25, 2012. On November 6, 2012, 

Washington voters passed Initiative 502 (I-502), decriminalizing the possession of small 

amounts of marijuana. I-502 became effective on December 6, 2012. 

In 2014, the district court found that Bowen had failed to comply with the terms of his 

diversion agreement. The district court revoked the diversion agreement and conducted a 

Filed

Washington State

Court of Appeals

Division Two

June 21, 2016
No. 47170-1-II

2

stipulated facts bench trial. The district court found Bowen guilty of possession of less than 40 

grams of marijuana. Bowen appeals his conviction.

ANALYSIS

The parties rely on State v. Rose, 191 Wn. App. 858, 365 P.3d 756 (2015), review denied, 

No. 92726-0 (Wash. June 1, 2016) and State v. Gradt, 192 Wn. App. 230, 366 P.3d 462 (2016)

to jointly argue that the City’s opposition to Bowen’s appeal is futile and a waste of public funds. 

Upon review of Rose and Gradt, we agree.

In Rose, Division Three of this court reversed the conviction of a defendant who entered 

into a deferral agreement before the passage of I-502, but who was convicted at a stipulated facts 

bench trial conducted after I-502 became effective. Rose, 191 Wn. App. at 861-63. The court 

concluded that I-502 applied retroactively to cases in progress. Id. at 868-69, 71. Therefore, it 

reversed the defendant’s convictions for possession of less than 40 grams of marijuana and use 

of drug paraphernalia. Id. at 871. 

In Gradt, we held that I-502 must be applied retroactively to a defendant who was cited 

for marijuana possession before the effective date of I-502, but who was tried and convicted after 

voters passed the initiative. 192 Wn. App. at 236-37. Accordingly, we reversed the defendant’s 

conviction. Id. at 237.

The facts here are almost identical to those in Rose. Because Gradt and Rose control, we 

reverse and dismiss Bowen’s conviction with prejudice.
No. 47170-1-II

3

A majority of the panel having determined that this opinion will not be printed in the 

Washington Appellate Reports, but will be filed for public record in accordance with RCW 

2.06.040, it is so ordered.

MAXA, J.

We concur:

JOHANSON, J.

BJORGEN, C.J.
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  Exhibit 10.37.3    
    


 
 

  Amendment No. 3 to the
  Hertz Global Holdings, Inc. 2008 Omnibus Incentive Plan    
    


This AMENDMENT NO. 3 to the Hertz Global Holdings, Inc. 2008 Omnibus Incentive Plan (the
"Plan") is effective as of November 12, 2009. 


        1.    Provisions Relating To Transferability.    Section 11.1 of the Plan shall be amended so as to read in its
entirety (the amended portion is printed in bold): 



Nontransferability of Awards.    No Award shall be assignable or transferable except by will or the laws of descent and distribution;
provided, that the Committee or the Board may, except as otherwise provided in the Plan, permit (on such terms and conditions as it shall establish) in
its sole discretion a Participant to transfer an Award for no consideration to (i) the Participant's
child, stepchild, grandchild, parent, stepparent, grandparent, spouse, former spouse, sibling, niece, nephew, mother-in-law, father-in-law,
son-in-law, daughter-in-law, brother-in-law, or sister-in-law, including adoptive relationships, any
person sharing the Participant's household (other than a tenant or
employee), a trust in which these persons have more than fifty percent of the beneficial interest, a foundation in which these persons (or the Participant) control the management of assets, and any
other entity in which these persons (or the Participant) own more than fifty percent of the voting interests, or to organizations qualifying as charitable organizations within the meaning of
Section 501(c)(3) of the Code or (ii) any other person or entity (each of (i) and (ii),  upon such permitted
transfer, a "Permitted Transferee"). Except to the extent required by law, no Award
shall be subject to any lien, obligation or liability of the Participant. All rights with respect to Awards granted to a Participant under the Plan shall be exercisable during the Participant's
lifetime only by such Participant or, if applicable, his or her Permitted Transferee(s). The rights of a Permitted Transferee shall be limited to the rights conveyed to such Permitted Transferee, who
shall be subject to and bound by the terms of the agreement or agreements between the Participant and the Company. 




        2.    Except
as modified hereby, the Plan as in effect immediately prior to this amendment shall remain in full force and effect. Capitalized terms used but not defined herein
shall have the meanings set forth in the Plan. 











QuickLinks



Exhibit 10.37.3


Amendment No. 3 to the Hertz Global Holdings, Inc. 2008 Omnibus Incentive Plan
**Exhibit 32**

 

**CERTIFICATIONS**

 

Theundersigned certify pursuant to 18 U.S.C. § 1350, that:

 

(1)                                  The accompanying Quarterly Report on Form10-QSB for the period ended September 30, 2003, fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

(2)                                  The information contained in the accompanyingReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
| Date:  | November 14,  2003 |      | /s/  Floyd A. Schultz |
|--------|-------------------------|-----------|-----------------------|
|   |                    |      | President             |
|   |                    |      |                  |
|   |                    |      |                  |
| Date:  | November 14,  2003 |      | /s/  Douglas G. Foss  |
|   |                    | Treasurer |

 

----
Unassociated Document


    Exhibit 10.1

    Share
Transfer Agreement

    


    
      Present
agreement is signed by the following parties on 10th
(day), December
(month), 2009(year) in
Dalian:

    

    


    
      Share
transferor: Dalian Sandaoke
Chemical Inc. (hereinafter referred to as Party A):

    

    
      Share
transferee: Dalian Dongtai
Industrial Waste Treatment Co., Ltd. (hereinafter referred to as Party
B):

    

    
      


    

    
      Terms
and Conditions of Contract

    

    
      


    

    
      1 Party A
would transfer the “3% of interestin Dongtai Organic” to Party
B.

    

    
      2 Party B
should pay RMB 1,200,000 to Party A.

    

    
      3Party A
has no rights or obligations on the 3% of equity transferred to Party
B.

    

    
      4. The
Equity Transfer Agreement become effective upon signature.

    

    
      5. This
Agreement is made in Chinese with four originals. Each Party shall have one set
of the original version. One set is filed with Industrial & Commerical
Administration Bureau and one set is maintained by the
company.

    

    
       

      Share
transferor: Dalian Sandaoke Chemical
Inc.

    

    
      Legal
representative: /s/ Cong Li

    

    
      Date:
December 10, 2009

    

    
      


    

    
      Share
transferee: Dalian Dongtai
Industrial Waste Treatment.,Ltd.

    

    
      Legal
representative: /s/Dong Jing

    

    
      Date:
December 10, 2009
**Exhibit 31.1**

**CERTIFICATION PURSUANT TO**

**SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I, Barry Lamperd, President and a director of Lamperd Less Lethal Inc. (Principal Executive Officer), certify that:

1.  I have reviewed this quarterly report on Form 10-QSB of Lamperd Less Lethal 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; 

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 small business issuer’s other certifying officer(s) 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 this annual report that has materially affected, or is reasonably likely to materially affect, the company's internal control over financial reporting; and 

5.  The small business issuer’s other certifying officer(s) 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:  June 5, 2006

 

/s/ Barry Lamperd                              

Barry Lamperd

President and Director

(Principal Executive Officer)
##### 



CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350
  1)
    
    such Quarterly Report on Form 10-Q of the Company for the three months
ended March 31, 2006, fully complies with the requirements of section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and2)
    
    the information contained in such Quarterly Report on Form 10-Q of the
Company for the three months ended March 31, 2006, fairly presents, in all material
respects, the financial condition and results of operations of Plumas Bancorp.
 Date:
    
    May 9, 2006
    
    /s/ D. N. BiddleDouglas N. Biddle, Chief Executive Officer
**Exhibit 33.1**

 

MANAGEMENT’S ASSERTION ON COMPLIANCE WITH REGULATION AB CRITERIA

 

Protective Life Insurance Company (the “Asserting Party”) is responsible for assessing compliance as of December 31, 2014 and for the period from January 1, 2014 through December 31, 2014 (the “Reporting Period”) with the servicing criteria specified in item 1122(d) of the Securities and Exchange Commission’s Regulation AB, except for the criteria in Appendix A, which we have concluded are not applicable to the servicing of our Protective Life Secured Trust Notes (the “Platform”) or are not serviced by the Asserting Party (the “Applicable Servicing Criteria”).

 

The Asserting Party has assessed its compliance with the Applicable Servicing Criteria for the Reporting Period and has concluded that the Asserting Party has complied, in all material respects, with the Applicable Servicing Criteria for the Platform serviced by the Asserting Party listed in Appendix B.

 

PricewaterhouseCoopers LLP, an independent registered public accounting firm, has issued an attestation report on the assessment of compliance with the Applicable Servicing Criteria for the Reporting Period as set forth in this assertion.

 

Protective Life Insurance Company

 
| By:                         | /s/ LANCE BLACK                     |   |
|-----------------------------|-------------------------------------|--------|
| Name:                       | Lance Black                         |   |
| Title:                      | Senior Vice President and Treasurer |   |
|                        |                                |
| Date: March 20,   2015 |

 

----

 

APPENDIX A SERVICING CRITERIA NOT APPLICABLE TO ASSERTING PARTY

 

The following servicing criteria of 1122(d) of Regulation AB are applicable to the platform and included in The Bank of New York Mellon’s assertion (see Exhibit 33.2 to the 10-K), but excluded from the Asserting Party’s assertion:

 

229.1122(d)(1)(i)-(ii)

229.1122(d)(2)(i) — (vii)

229.1122(d)(3)(ii) — (iv)

229.1122(d)(4)(i) — (v)

229.1122(d)(4)(vii)

229.1122(d)(4)(xv)

 

The following servicing criteria of 1122(d) of Regulation AB are not provided for in the underlying documentation of the platform and, therefore, not applicable to the platform:

 

229.1122(d)(1)(iii) — (iv)

229.1122(d)(4)(vi)

229.1122(d)(4)(viii)

229.1122(d)(4)(ix) — (xiv)

 

2

----

 

APPENDIX B INDIVIDUAL TRUSTS RELATED TO PROGRAM

 

The Asserting Party has assessed its compliance with the Applicable Servicing Criteria for the following trusts:

 

Protective Life Secured Trust 2007-6

Protective Life Secured Trust 2008-4

Protective Life Secured Trust 2008-20

 

3

----
Exhibit 99.1

 

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with the Form 10-QSB/A Amended Quarterly Report of WorldHealth Alternatives, Inc. (the "Company") for the period ended May 31,2002, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), theundersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
- the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
- the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

January 20, 2003

By: /s/ Edward G. SiceloffEdward G. Siceloff, President, Chief Executive Officer, Chief Financial Officer, and Principal Accounting Officer