alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fifth Amendment to 401(k) Savings and Profit Sharing Plan



 Exhibit 10.7 
 FIFTH AMENDMENT 
 OF 
 ENTEGRIS, INC. 
 401(k) SAVINGS AND PROFIT SHARING PLAN 
 (2005 Restatement) 
 WHEREAS, Entegris, Inc. (the “Principal Sponsor”) has heretofore established and maintains a 401(k) and profit sharing plan which
was amended and restated in a document effective August 5, 2005, and entitled “ENTEGRIS, INC. 401(k) SAVINGS AND PROFIT SHARING PLAN (2005 Restatement),” as amended (collectively, the “Plan Statement”); and 
 WHEREAS, The Principal Sponsor has reserved to itself the power to make further amendments of the Plan Statement. 
 NOW, THEREFORE, The Plan Statement is hereby amended as follows: 
 1. EGTRRA-TOP HEAVY PROVISIONS. Effective for Plan Years beginning on or after January 1, 2002, Section 1.10(b) of Appendix B to the Plan Statement shall be amended to read in full as
follows: 
  

	 	(b)	For the purpose of determining the present value of the cumulative accrued benefit for any employee under a defined benefit plan, or the amount of the account of any
employee under a defined contribution plan, such present value or amount shall be increased by the aggregate distributions made with respect to such employee under the plan on account of severance from employment, death or disability during the one
(1) year period ending on the determination date and the aggregate distributions made with respect to such employee under the plan for any other reason during the five (5) year period ending on the determination date.


 2. SAVINGS CLAUSE. Save and except as herein expressly amended, the Plan Statement shall continue in full force and effect.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 548 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 548

To designate the Federal building and United States courthouse located 
  at 200 West 2nd Street in Dayton, Ohio, as the ``Tony Hall Federal 
                Building and United States Courthouse''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2005

 Mr. Hobson (for himself, Mr. Boehner, Mr. Brown of Ohio, Mr. Chabot, 
    Mr. Gillmor, Mrs. Jones of Ohio, Ms. Kaptur, Mr. Kucinich, Mr. 
  LaTourette, Mr. Ney, Mr. Oxley, Mr. Portman, Ms. Pryce of Ohio, Mr. 
 Regula, Mr. Ryan of Ohio, Mr. Strickland, Mr. Tiberi, and Mr. Turner) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
To designate the Federal building and United States courthouse located 
  at 200 West 2nd Street in Dayton, Ohio, as the ``Tony Hall Federal 
                Building and United States Courthouse''.

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

SECTION 1. DESIGNATION.

    The Federal building and United States courthouse located at 200 
West 2nd Street in Dayton, Ohio, shall be known and designated as the 
``Tony Hall Federal Building and United States Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building and United States 
courthouse referred to in section 1 shall be deemed to be a reference 
to the ``Tony Hall Federal Building and United States Courthouse''.
                                 <all>
```
Exhibit 23.2

Bateman & Co., P.C.


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We  consent to the  inclusion  in this  Annual  Report on Form 10-K for the year
ended December 31, 1999,  which report will upon its filing be  incorporated  by
reference into GREKA Energy  Corporation's  registration  statements on Form S-3
(File Nos.  333-60621 and 333-78673) and form S-8 (File No.  333-30402),  of our
report  dated  April  14,  1998,  on our  audits of the  consolidated  financial
statements  of GREKA Energy  Corporation,  formerly  known as Petro Union,  Inc.
doing business as Horizontal Ventures Inc. the year ended December 31, 1997.


                                                          /s/Bateman & Co., P.C.
                                                             -------------------
                                                             Bateman & Co., P.C.

  Houston, Texas
  April 14, 2000
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.                  

###### Farm Credit System Insurance Corporation

# AGENCY:

Farm Credit System Insurance Corporation. 

# SUMMARY:

Notice is hereby given of the regular meeting of the Farm Credit System Insurance Corporation Board (Board). 

# DATES:

The meeting of the Board will be held at the offices of the Farm Credit Administration in McLean, Virginia, on March 24, 2009, from 9 a.m. until such time as the Board concludes its business. 

# FOR FURTHER INFORMATION CONTACT:

Roland E. Smith, Secretary to the Farm Credit System Insurance Corporation Board, (703) 883-4009, TTY (703) 883-4056. 

# ADDRESSES:

Farm Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, Virginia 22102. 

# SUPPLEMENTARY INFORMATION:

Parts of this meeting of the Board will be open to the public (limited space available) and parts will be closed to the public. In order to increase the accessibility to Board meetings, persons requiring assistance should make arrangements in advance. The matters to be considered at the meeting are: 

## Open Session

### A. Approval of Minutes

    - January 15, 2009 (Regular).       ( print page 11720)      

### B. Business Reports

    - FCSIC Financial Report.
    - Report on Insured Obligations.
    - Quarterly Report on Annual Performance Plan.

### C. New Business

    - Policy Statement on Receivership and Conservatorship Counsel.
    - Presentation of 2008 Audit Results.

## Closed Session

    - FCSIC Report on System Performance.

## Executive Session

    - Executive Session of the FCSIC Board Audit Committee with the External Auditor.

Dated: March 13, 2009. 

Roland E. Smith, 

Secretary, Farm Credit System Insurance Corporation Board. 

 [FR Doc. E9-5886 Filed 3-18-09; 8:45 am] 

BILLING CODE 6710-01-P
[Federal Register Volume 74, Number 8 (Tuesday, January 13, 2009)]
[Presidential Documents]
[Page 1583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-598]




                        Presidential Documents 



Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 1583]]

                Presidential Determination No. 2009-10 of January 1, 
                2009

                
 Waiver of Reimbursement Under the United Nations 
                Participation Act to Support the United Nations/African 
                Union Mission in Darfur

                Memorandum for the Secretary of State

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 10(d)(1) of the United 
                Nations Participation Act of 1945, as amended (22 
                U.S.C. 287e-2(d)(1)), I hereby determine that provision 
                of assistance to the United Nations/African Union 
                Mission in Darfur to support the airlift of equipment 
                for peacekeeping in Darfur without reimbursement from 
                the United Nations is important to the security 
                interests of the United States.

                You are authorized and directed to report this 
                determination to the Congress and to arrange for its 
                publication in the Federal Register.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 1, 2009

[FR Doc. E9-598
Filed 1-12-09; 8:45 am]
Billing code 4710-10-P
<TABLE> <S> <C>

        <S> <C>
<ARTICLE>5
<MULTIPLIER>1
<S>                                     <C>
<PERIOD-TYPE>                           12-MOS
<FISCAL-YEAR-END>                               DEC-31-1997
<PERIOD-START>                                  JAN-01-1997
<PERIOD-END>                                    DEC-31-1997
<CASH>                                                        317,315
<SECURITIES>                                                        0
<RECEIVABLES>                                                  23,547
<ALLOWANCES>                                                   16,200
<INVENTORY>                                                         0
<CURRENT-ASSETS>                                              689,461
<PP&E>                                                     16,107,983
<DEPRECIATION>                                              5,273,994
<TOTAL-ASSETS>                                             11,617,003
<CURRENT-LIABILITIES>                                         562,148
<BONDS>                                                    12,344,460
<PREFERRED-MANDATORY>                                               0
<PREFERRED>                                                         0
<COMMON>                                                            0
<OTHER-SE>                                                          0
<TOTAL-LIABILITY-AND-EQUITY>                               11,617,003
<SALES>                                                             0
<TOTAL-REVENUES>                                            2,986,744
<CGS>                                                               0
<TOTAL-COSTS>                                               1,473,324
<OTHER-EXPENSES>                                              605,175
<LOSS-PROVISION>                                                    0
<INTEREST-EXPENSE>                                          1,112,421
<INCOME-PRETAX>                                                     0
<INCOME-TAX>                                                        0
<INCOME-CONTINUING>                                                 0
<DISCONTINUED>                                                      0
<EXTRAORDINARY>                                                     0
<CHANGES>                                                           0
<NET-INCOME>                                                (204,176)
<EPS-PRIMARY>                                                 (20.87)
<EPS-DILUTED>                                                       0
                                                                    
        
<PAGE>

</TABLE>
exv10w24






Exhibit 10.24




AMENDMENT NO. 2

TO THE RETIREMENT BENEFIT PLAN

FOR ALFRED M. RANKIN, JR.

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




          NACCO Industries, Inc. hereby adopts this Amendment No. 2 to the Retirement Benefit Plan for
Alfred M. Rankin, Jr. (As Amended and Restated as of December 1, 2007) (the “Plan”), to be
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 2.1(14) of the Plan is hereby amended in its entirety to read as follows:



     “Section 2.1(14) ROTCE shall mean the consolidated return on total capital employed
of the Employer as determined by the Employer for a particular Plan Year.”



Section 2




          Section 2.1(15) of the Plan is hereby deleted in its entirety without renumbering the
remaining provisions of Article II.



Section 3




     Section 4.1(b) of the Plan is hereby amended in its entirety to read as follows:



               “(b) Earnings Applicable to Covered Employees. For periods on and after January 1,
2010, at the end of each calendar month during a Plan Year, the Account of the Participant shall be
credited with an amount determined by multiplying such Participant’s weighted average daily Account
balance during such month by 5%. Notwithstanding the foregoing:





	 	(i)	 	No earnings shall be credited for the month in which the
Participant receives the distribution of his Account.
	 
	 	(ii)	 	In the event that the ROTCE determined for such Plan Year
exceeds 5%, the Account shall retroactively be credited with the excess (if
any) of (i) the amount determined by multiplying the average balance of such
Account during each month of such Plan Year by the ROTCE determined for such
Plan Year, compounded monthly over (ii) 5%. In the event of a Participant’s
Termination of Employment during a Plan Year, the ROTCE calculation shall be
made as of the last day of the month immediately preceding the date of the
Participant’s Termination of Employment during a Plan Year, 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 the
Employer. For any subsequent month following such Termination, such ROTCE
calculation shall not apply.”





     EXECUTED this 10th day of November, 2009.



	 	 	 	 	 
	 	NACCO INDUSTRIES, INC.

 	 
	 	By:  	/s/ Charles A. Bittenbender
 	 
	 	 	Title: Vice President, General Counsel and Secretary 	 
	 	 	 	 
	 




1
```

[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Pages 11765-11766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5925]

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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,474]

Smart Apparel (US), Inc.; Quakertown, PA; Notice of Termination 
of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on March 4, 2009 in response to a petition 
filed on behalf of the workers at Smart Apparel US, Inc., Quakertown, 
Pennsylvania.
    The petitioners have requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

[[Page 11766]]

    Signed at Washington, DC, this 10th day of March 2009.
 Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E9-5925 Filed 3-18-09; 8:45 am]
BILLING CODE 4510-FN-P
```
Summary of Registrant's Compensatory Arrangements with Executive Officers



 Exhibit 10.20 
 Summary of the Registrant’s Compensatory Arrangements with Executive Officers 
  

					
	 Name and Title
	  	Base Salary	 
		
	 Paul Sagan
	  	$	625,000	  
	 President and CEO
	  			
		
	 J. Donald Sherman
	  	$	429,525	  
	 Senior Vice President – Chief Financial Officer
	  			
		
	 Debra Canner
	  	$	284,625	  
	 Senior Vice President – Human Resources
	  			
		
	 George Conrades
	  	$	70,000	1 
	 Executive Chairman
	  			
		
	 Melanie Haratunian
	  	$	336,375	  
	 Senior Vice President and General Counsel
	  			
		
	 Robert Hughes
	  	$	429,525	  
	 Executive Vice President – Global Sales, Services and Marketing
	  			
		
	 Tom Leighton
	  	$	20,000	  
	 Chief Scientist
	  			

  
  
  

	1	 Reflects cash compensation for serving as Executive Chairman of the Board of Directors
# EXHIBIT 32.2

# CERTIFICATION PURSUANT
TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

I, Eugene B. Witkowicz, Executive
Vice President, Chief Financial Officer and Corporate Secretary of TierOne Corporation
(Company), hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that:

| | (1) | The
Quarterly Report on Form 10-Q of the Company for the quarterly period ended
               June 30, 2009 (Report) fully complies with the requirements of
               Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a)                or 78o(d)); and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | (2) | The
information contained in the Report fairly presents, in all material
               respects, the financial condition and results of operations of the
Company.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------

|Date:  August 5, 2009 | By:  /s/ Eugene B. Witkowicz         
|--------------------- | -------------------------------------
|                      | Eugene B. Witkowicz, Executive Vice  
|                      | President and Chief Financial Officer
**Exhibit 32.2**

 

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

**AS ADOPTED PURSUANT TO SECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002**

 

In connection with the quarterly report on Form 10-QSB of UnitedWisconsin Grain Producers, LLC (the “Company”) for the quarter endedJune 30, 2004, as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Robert J. Miller, Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.                                       The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

2.                                       The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
|   |                                  | /s/ Robert J. Miller |   |
|--------|---------------------------------------|----------------------|--------|
|   | Robert J. Miller                      |
|   | Treasurer and Chief Financial Officer |
|   | Dated:  August 16, 2004     |

 

----
Amendment to the Safeway Inc. 2007 Equity and Incentive Plan.



 Exhibit 10(iii).35 
 AMENDMENT TO THE SAFEWAY INC. 
 2007 EQUITY AND
INCENTIVE AWARD PLAN 
 Adopted by the Executive Compensation Committee 
 of the Board of Directors on February 16, 2010 
 Safeway Inc., a Delaware corporation (the “Company”), adopted the Safeway Inc. 2007 Equity and Incentive Award Plan (the “Plan”), effective upon the approval of the Plan by the
stockholders of the Company. The stockholders of the Company approved the Plan at the Company’s annual meeting of stockholders held on May 16, 2007. The Company desires to amend the Plan to eliminate automatic grants of Options to newly
elected or appointed Non-Employee Directors. 
 Pursuant to Section 11.2 of the Plan, the Executive Compensation Committee
of the Board of Directors of the Company hereby adopts this Amendment to the Plan, effective as of February 16, 2010. Capitalized terms not defined herein shall have the meanings set forth in the Plan. 
 1. Section 4.1 of the Plan is hereby amended to read in its entirety as follows: 
 4.1 Eligibility. Any Employee or Consultant selected by the Administrator pursuant to Section 4.4(a)(i) shall be
eligible to be granted an Option. Each Non-Employee Director of the Company shall be eligible to be granted Options at the times and in the manner set forth in Section 4.5. 
 2. Section 4.6 of the Plan is hereby deleted in its entirety. 
 3. Section 11.3(a)(iii) of the Plan is hereby amended to delete the provisions thereof and to reserve such paragraph. 
 IN WITNESS WHEREOF, the Executive Compensation Committee of the Board of Directors of Safeway Inc. has hereunder adopted
this Amendment to the Plan as indicated by the signature of the duly authorized officer of Safeway Inc. this 17th
 day of February, 2010. 
  

			
	SAFEWAY INC.
		
	By:	 	 /s/ Robert A. Gordon

	Name:	 	 Robert A. Gordon

	Title:	 	 Senior Vice President, Secretary and
 General Counsel
AFFIRM; and Opinion Filed December 29, 2015.

S

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-15-01185-CV

IN THE INTEREST OF KA.D. AND KE.D., CHILDREN

On Appeal from the 304th Judicial District Court

Dallas County, Texas

Trial Court Cause No. JD-14-783-W

MEMORANDUM OPINION

Before Justices Lang-Miers, Brown, and Schenck

Opinion by Justice Lang-Miers

Mother appeals the trial court’s order terminating her parental rights to her two children.1

 

Mother’s appointed counsel filed an Anders brief on Mother’s behalf asserting that there are no 

arguable grounds for reversal and the appeal is frivolous and without merit. See Anders v. 

California, 386 U.S. 738 (1967); In re D.D., 279 S.W.3d 849, 849–50 (Tex. App.—Dallas 2009, 

pet. denied) (procedures set forth in Anders are applicable to appeal from order terminating 

parental rights).

When an Anders brief is filed, our duty is to determine whether there are any arguable 

grounds for reversal and, if so, to remand the case to the trial court for the appointment of new 

counsel to address the issues. See In re D.D., 279 S.W.3d at 850 (citing Bledsoe v. State, 178 

S.W.3d 824, 827 (Tex. Crim. App. 2005)). The Anders brief filed by Mother’s appellate counsel 

 1 The trial court also terminated Father’s parental rights. Father did not appear at trial and is not a party to this appeal; he does not 

challenge the termination of his parental rights.
–2–

presents a professional evaluation of the record demonstrating why there are no arguable grounds 

for reversal. Counsel conducted a thorough review of the record and analysis of the legal and 

factual sufficiency of the evidence related to the grounds for termination and the best interest of 

the children. Counsel concluded that, after diligently reviewing the record and the law, there was 

no reversible error about which to argue on appeal and the appeal is frivolous and without merit. 

Counsel delivered a copy of the brief to Mother and notified Mother of her right to file a pro se 

response. Mother did not respond or file a pro se response. 

We have reviewed the entire record and the Anders brief. See In re D.D., 279 S.W.3d at 

850. We agree there is no reversible error in the record and the appeal is frivolous and without 

merit. Accordingly, we affirm the trial court’s final order terminating Mother’s parental rights to 

her two children and grant counsel’s motion to withdraw. See id. 

151185F.P05

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE
–3–

Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

IN THE INTEREST OF KA.D. AND 

KE.D., CHILDREN

No. 05-15-01185-CV 

On Appeal from the 304th Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. JD-14-783-W.

Opinion delivered by Justice Lang-Miers, 

Justices Brown and Schenck participating.

In accordance with this Court’s opinion of this date, the judgment of the trial court is 

AFFIRMED.

Judgment entered this 29th day of December, 2015.