alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Page 11763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5901]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,825]


Briggs-Shaffner Company, Simpsonville, SC; Notice of Termination 
of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on January 7, 2009 in response to a 
petition filed by a company official on behalf of workers of Briggs-
Shaffner Company, Simpsonville, South Carolina.
    The petitioner has requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 11th day of March 2009.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-5901 Filed 3-18-09; 8:45 am]
BILLING CODE 4510-FN-P
exv10w26







	 	 	 	 	 



Exhibit 10.26




RESTATED AMENDMENT

TO THE KEYCORP

EXCESS CASH BALANCE PENSION PLAN





     WHEREAS, KeyCorp has established the KeyCorp Excess Cash Balance Pension Plan (the “Plan”), a
nonqualified plan of deferred compensation for a certain select group of KeyCorp employees, and



     WHEREAS, the Board of Directors of KeyCorp has authorized its Compensation Committee to permit
amendments to the Plan, and



     WHEREAS, in conjunction with the enactment of the American Jobs Creation Act of 2004, the
Compensation Committee of the Board of Directors of KeyCorp determined it desirable to preserve
those earned and vested Plan benefits of December 31, 2004 in accordance with the law in effect
prior to the enactment of the American Jobs Creation Act of 2004, and accordingly, has authorized
the freezing of the Plan to preserve such vested Plan benefits as of December 31, 2004, and



     WHEREAS, to effectuate a simplified administration of those December 31, 2004 vested and
frozen Plan benefits in accordance with the laws in effect prior to the enactment of the Act, as
well as to comply with the requirements of the Act with regard to those participant Plan benefits
that have not vested as of December 31, 2004, the Compensation Committee has accordingly directed
the establishment of a KeyCorp Second Excess Cash Balance Pension Plan.



     NOW, THEREFORE, pursuant to such action of the Compensation Committee, the Amendment to the
Plan is hereby restated to clarify that in conjunction with the freezing of the Plan, participants’
not vested Plan benefits as of December 31, 2004 shall be transferred to the KeyCorp Second Excess
Cash Balance Pension Plan effective January 1, 2005, as follows:



     1. A new Article XI has been added to the Plan to provide the following:



“ARTICLE XI

AMENDMENT TO FREEZE




11.1 No New Accruals, Deferrals, and Contributions Under the Plan. As of
January 1, 2005 the Plan shall be frozen with regard to all new accruals, deferrals, and
contributions to the Plan after December 31, 2004 and all Participants’ Plan benefits that are
earned and vested as of December 31, 2004 shall be administered in accordance with the terms
of the Plan as frozen and with the requirements of the law in effect prior to the enactment of
Section 409A of the Code. In conjunction with the foregoing, all Participants’ not vested
Plan benefits as of December 31, 2004 shall be transferred to the KeyCorp Second Excess Cash
Balance Pension Plan effective January 1, 2005 and shall be administered in accordance with
the requirements of the KeyCorp Second Excess Cash Balance Pension Plan.



     2. The amendment set forth in Paragraphs 1 shall be effective as of December 31, 2004.



     3. Except as otherwise amended herein, the Plan shall remain in full force and effect.



     IN WITNESS WHEREOF, KeyCorp has caused this Restated Amendment to the Plan to be executed by
its duly authorized officer on January 20, 2005, to be effective as of December 28, 2004.



KEYCORP




By: /s/ Thomas E. Helfrich        

Title: Executive Vice President
IV 

118TH CONGRESS 

1ST SESSION H. RES. 362 

Recognizing the roles and contributions of elementary and secondary school 

teachers in building and enhancing the civic, cultural, and economic 

well-being of the United States. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2023 

Mr. GRAVES of Missouri (for himself, Mr. CLEAVER, Mr. KELLY of Pennsylvania, Ms. DEAN of Pennsylvania, Ms. CLARKE of New York, Mr. JOHNSON of Georgia, Ms. LOIS FRANKEL of Florida, Ms. SEWELL, Mr. BOYLE

of Pennsylvania, Mr. PAYNE, Ms. JACOBS, Ms. SA ́NCHEZ, Mr. PANETTA, 

Ms. VELA ́ZQUEZ, Mr. BOWMAN, Ms. MOORE of Wisconsin, Mr. LARSON

of Connecticut, Mr. ALFORD, Mr. EVANS, Mrs. MCBATH, Mr. THOMPSON

of California, Ms. PORTER, Mr. TONKO, Ms. MATSUI, Mr. GRIJALVA, Mr. 

CARTER of Louisiana, Mr. THOMPSON of Mississippi, Ms. BALINT, Mr. 

CASE, Mr. TRONE, Mr. MORELLE, Mr. JOYCE of Ohio, Mr. SOTO, and 

Ms. CHU) submitted the following resolution; which was referred to the 

Committee on Education and the Workforce 

RESOLUTION 

Recognizing the roles and contributions of elementary and 

secondary school teachers in building and enhancing the 

civic, cultural, and economic well-being of the United 

States. 

Whereas education and knowledge are the foundation of the 

current and future strength of the United States; 

Whereas teachers and other education staff have earned and 

deserve the respect of their students and communities for 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HRES 362 IH 

their selfless dedication to community service and the futures of the children of the United States; 

Whereas the purposes of National Teacher Appreciation 

Week, celebrated from May 8, 2023, through May 12, 

2023, are— 

(1) to raise public awareness of the unquantifiable 

contributions of teachers; and 

(2) to promote greater respect and understanding 

for the teaching profession; and 

Whereas students, schools, communities, and a number of organizations representing educators are recognizing the 

importance of teachers during National Teacher Appreciation Week: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) thanks elementary and secondary school 

3 teachers; and 

4 (2) promotes the profession of teaching and the 

5 contributions of educators by encouraging students, 

6 parents, school administrators, and public officials to 

7 recognize National Teacher Appreciation Week. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
Exhibit 31.1

                                  Certification

I, Kevin Armstrong, Chief Executive Officer, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Cosi, 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 registrant as
of, and for, the periods presented in this report;

4. The registrant'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 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;

      (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 (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 control over
      financial reporting; and

5. The registrant's other certifying officer(s) and I have disclosed, based on
our most recent evaluation of 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 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: August 11, 2004

By: /s/ Kevin Armstrong
   -------------------------
Kevin Armstrong
Chief Executive Officer


                                       23
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00711-CR

Paul Anthony Hervey, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT

NO. D-1-DC-09-300942, HONORABLE BOB PERKINS, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Paul Anthony Hervey seeks to appeal from a judgment of conviction for aggravated

robbery. The trial court has certified that this is a plea bargain case and Hervey has no right of

appeal. The appeal is dismissed. See Tex. R. App. P. 25.2(a)(2), (d).

__________________________________________

Jan P. Patterson, Justice

Before Justices Patterson, Puryear and Henson

Dismissed for Want of Jurisdiction

Filed: January 21, 2010

Do Not Publish
Opinion issued August 6 , 201 3

In The 

## Court of Appeals For The 

## First District of Texas

NO. 01

B 12

B 00187

B CV

THOMAS DAVIS , Appellant

V.
DISCOUNT TIRE COMPANY OF TEXAS, INC., DILL AIR CONTROLS PRODUCTS, LLC, AND BRIDGESTONE AMERICAS TIRE OPERATION LLC , Appellee s

On Appeal from the 80 th District Court Harris County, Texas Trial Court Cause No. 2010

- 14448



### MEMORANDUM OPINION
Appellant Thomas Davis has failed to timely file a brief. See T EX

. R. A PP

. P.2

38.6( a ) ( governing time to file brief ), 38.8(a) ( governing failure of appellant to file
brief). After being notified that this appeal was subject to dismissal, appellant did
not respond. See T EX

. R

. A PP

. P. 42.3(b) (allowing involuntary dismissal of case).

We dismiss t he appeal for want of prosecution for f ailure to timely file a brief.
We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Sharp and Massengale

.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 208 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
H. RES. 208

  Observing the 100th anniversary of the birth of John Leslie ``Wes'' 
     Montgomery and commemorating his contributions to jazz music.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2023

 Mr. Carson submitted the following resolution; which was referred to 
              the Committee on Education and the Workforce

_______________________________________________________________________

                               RESOLUTION

 
  Observing the 100th anniversary of the birth of John Leslie ``Wes'' 
     Montgomery and commemorating his contributions to jazz music.

Whereas, on March 6, 1923, John Leslie ``Wes'' Montgomery (referred to in this 
        resolution as ``Wes Montgomery'') was born to Frances and Tom Montgomery 
        in Indianapolis, Indiana;
Whereas Wes Montgomery was naturally gifted in the musical arts and became 
        proficient on the 4- and 6-string guitar in his youth;
Whereas Wes Montgomery was a self-taught musician and learned to play guitar by 
        listening to recordings of jazz guitarist Charlie Christian;
Whereas Wes Montgomery developed a unique fingerstyle playing technique uncommon 
        to jazz guitarists in his day, using the thumb to play bass notes 
        simultaneously with melodic lines;
Whereas Wes Montgomery crafted diverse and unconventional rhythms that became a 
        defining representation of bebop-style jazz guitar;
Whereas Wes Montgomery became famous after performing in jazz clubs in 
        Indianapolis and was later recruited to tour with the Lionel Hampton 
        Orchestra;
Whereas, in 1957, Wes Montgomery joined his brothers Buddy and Monk to perform 
        with other bands and record music with Pacific Jazz Records;
Whereas, following the release of Wes Montgomery's albums ``The Wes Montgomery 
        Trio'' and ``The Incredible Guitar of Wes Montgomery'', Wes Montgomery's 
        music became famous internationally, and his band traveled extensively 
        in Europe in the spring of 1965;
Whereas, in 1967, Wes Montgomery's album ``A Day in the Life'' was rated the 
        premier album on the Billboard Jazz Albums chart, 2nd on the Billboard 
        R&B Albums chart, and 13th on the Billboard 200 chart; and
Whereas, on June 15, 1968, Wes Montgomery passed at his home in Indianapolis: 
        Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) the contributions of John Leslie ``Wes'' Montgomery to 
        jazz music continue to enrich the music industry and inspire 
        countless musicians across the world; and
            (2) the legacy of John Leslie ``Wes'' Montgomery as a great 
        Hoosier musician should be recognized and celebrated.
                                 <all>
```
EXHIBIT 32.1
                                                                    ------------

                   CERTIFICATION OF PERIODIC FINANCIAL REPORT
                   ------------------------------------------


     Pursuant to 18 U.S.C. 1350, the undersigned, Betsy Henley-Cohn and John S.
Tomac, the chief executive officer and chief financial officer, respectively, of
BIW Limited (the "issuer"), do each hereby certify that the report on Form 10-Q
accompanying this certification (the "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 or 78o(d)) and that information contained in the report fairly
presents, in all material respects, the financial condition and results of
operations of the issuer.


/s/ Betsy Henley-Cohn
--------------------------------
Betsy Henley-Cohn
Chairwoman of the Board and Chief Executive Officer
(chief executive officer)
BIW Limited

May 14, 2004


/s/ John S. Tomac
--------------------------------
John S. Tomac
President and Treasurer
(chief financial officer)
BIW Limited

May 14, 2004
exv10w11






Exhibit 10.11




AMENDMENT NO. 2 TO

CARBO CERAMICS INC.

DIRECTOR DEFERRED FEE PLAN



Effective as of January 19, 2010, Paragraph 11 of the CARBO Ceramics Inc. Director Deferred Fee
Plan is hereby amended and restated in its entirety as follows:



“11. Effective Date. This Plan shall become effective on December 19, 2005. The Board may
amend, suspend or terminate the Plan at any time; provided that no such amendment, suspension or
termination shall adversely affect the amounts in any then-existing Common Stock Account.
Notwithstanding the foregoing, the Board may terminate the Plan at any time so long as (i) the
termination and liquidation of the Plan does not occur proximate to a downturn in the financial
health of the Company; (ii) the Company terminates and liquidates all other agreements, methods,
programs and other arrangements sponsored by the Company that would be aggregated with the Plan
under §1.409A-1(c) of the regulations promulgated under the Internal Revenue Code of 1986 (the
“Code”) if the Eligible Directors had deferrals of compensation under all of the agreements,
methods, programs, and other arrangements that are so terminated and liquidated; (iii) no payments
in liquidation of the Plan are made within 12 months of the date on which the Board takes all
necessary action to irrevocably terminate and liquidate the Plan (the “Termination”) other than
payments that would be payable in accordance with the applicable provisions of Section 6
and elsewhere in the Plan that would otherwise apply had the Termination not occurred
(collectively, the “Applicable Payment Provisions”); (iv) all payments in liquidation of the Plan
are made within 24 months of the date of the Termination; and (v) the Company does not adopt a new
plan that would be aggregated with the Plan under §1.409A-1(c) of the Code if any Eligible Director
participated in both plans, at any time within three years following the date of the Termination.”
Sharon D. HOPMANN, Appellant, v. REALTY EXCHANGE, INC., Defendant, and Kaplan Associates, LLC, Respondent.

No. ED 106809

Missouri Court of Appeals, Eastern District, DIVISION ONE.

Filed: November 20, 2018 Motion for Rehearing and/or Transfer to Supreme Court Denied December 27, 2018 Application for Transfer Denied March 5, 2019

FOR APPELLANT: Jeremy A. Gogel, 4542 West Pine Boulevard, St. Louis, MO 63108.

FOR RESPONDENT: Brent W. Baldwin, M. Brendhan Flynn, 12747 Olive Boulevard, Suite 280, St. Louis, MO 63141.

Before Robert M. Clayton III, P.J., Angela T. Quigless, J., and Richard K. Zerr, Sp. J.

*35*ORDER*

PER CURIAM.

Sharon D. Hopmann ("Plaintiff") appeals the grant of summary judgment in favor of Kaplan Associates, LLC on Plaintiff's claims for legal malpractice and breach of fiduciary duty. We find no error has occurred.

No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons for our decision. The judgment of the trial court is affirmed under Rule 84.16(b).
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

VARINDER KAUR,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-74080

Agency No. A095-395-792

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 21, 2012** 

Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.

Varinder Kaur, a native and citizen of India, petitions for review of the

Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. Our

jurisdiction is governed by 8 U.S.C. § 1252. We review for an abuse of discretion,

FILED

MAR 02 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-74080

Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004), and we deny in part and

dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Kaur’s motion to reopen as

untimely because the motion was filed over two years after the BIA’s final order,

see 8 C.F.R. § 1003.2(c)(2), and Kaur failed to present material evidence of

changed circumstances in India to qualify for the regulatory exception to the time

limitation for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also

Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (underlying adverse

credibility determination rendered evidence of changed circumstances immaterial).

We reject Kaur’s contentions that the BIA applied an incorrect standard,

ignored evidence, or failed to adequately explain its decision. See Najmabadi v.

Holder, 597 F.3d 983, 990-91 (9th Cir. 2010).

The BIA did not abuse its discretion in construing Kaur’s challenge to the

underlying adverse credibility determination as a motion to reconsider and denying

it as untimely. See Mohammed v. Gonzales, 400 F.3d 785, 793 (9th Cir. 2005)

(BIA may construe motions based on their underlying purpose); 8 C.F.R. 

§ 1003.2(b) (a motion to reconsider must specify errors of law or fact in the BIA’s

prior decision and be filed within 30 days of that decision).
3 08-74080

We decline to reconsider Kaur’s challenge to the immigration judge’s

adverse credibility determination because this court already decided the issue in

Kaur v. Gonzales, 235 Fed. Appx. 425 (9th Cir. 2007); see also Merritt v. Mackey,

932 F.2d 1317, 1320 (9th Cir. 1991) (explaining that under the “law of the case

doctrine,” one panel of an appellate court will not reconsider questions that another

panel has decided on a prior appeal in the same case).

Finally, we lack jurisdiction to review the BIA’s decision not to exercise its

sua sponte power to reopen proceedings. See Mejia-Hernandez v. Holder, 633

F.3d 818, 823-24 (9th Cir. 2011).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.
##### 



EXHIBIT 4.1
 AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED
CREDIT AGREEMENT
  RECITALS




---



##### 



2




---



##### 



Extension of Revolving Credit Maturity Date
    3




---



##### 



Maintain Risk-Based Capital
 Net Premium and Gross Premium Ratio
 Insurance Subsidiary
    
    Net Premium Ratio
    
    Gross Premium RatioNPCIC
    
    
    4.0 to 1.0
    
    
    
    10.0 to 1.0HPIC
    
    
    4.0 to 1.0
    
    
    
    10.0 to 1.0NPIC
    
    
    2.5 to 1.0
    
    
    
    3.0 to 1.0CCIC
    
    
    2.5 to 1.0
    
    
    
    3.0 to 1.0
 Combined Ratio
      4




---



##### 



5




---



##### 



COMERICA BANK, as Agent
    
    
    
    NORTH POINTE HOLDINGS
CORPORATIONBy:
    
    
    
    
    
    By:Mark A. Rafdal
    
    
    
    
    
    James G. PetcoffIts:
    
    Vice President
    
    
    
    Its: Chairman and Chief Executive Officer
 BANKS:
    
    
    
    COMERICA BANKBy:Its:FIFTH THIRD BANKBy:Its:JPMORGAN CHASE BANK N.A.By:Its:
 [SIGNATURE PAGE TO AMENDMENT NO. 2 TO SECOND AMENDED AND
RESTATED CREDIT AGREEMENT]




---



##### 



EXHIBIT A
   SOUTH POINTE FINANCIAL
SERVICES, INC.By:John H. BerryIts: TreasurerNORTH POINTE FINANCIAL
SERVICES, INC.By:Brian J. RoneyIts: Vice PresidentN.P. PREMIUM FINANCE COMPANYBy:John H. BerryIts: Treasurer