alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w2





EXHIBIT 10.2


FIRST AMENDMENT TO THE
SMITH INTERNATIONAL, INC.

THIRD AMENDED AND RESTATED
1989 LONG-TERM INCENTIVE COMPENSATION PLAN
(As Amended and Restated as of January 1, 2008)


W I T N E S S E T H


     WHEREAS, Smith International, Inc. (the “Company”) maintains the Smith International, Inc.
Third Amended and Restated 1989 Long-Term Incentive Compensation Plan, as amended and restated
effective as of January 1, 2008 (the “Plan”) for the purpose of providing additional incentives to
officers and other valued employees of the Company; and


     WHEREAS, in Section 9.7 of the Plan, the Board of Directors of the Company (the “Board”)
reserved the right to amend the Plan at any time; and


     WHEREAS, the Board now desires to amend the Plan to incorporate certain transition rules under
Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”);


     NOW, THEREFORE, the Plan is hereby amended by this First Amendment thereto, as follows:


     1. Section 9.18 is deleted, in its entirety, and replaced with the following new Section 9.18:


     9.18 Section 409A Compliance


To the extent that the Plan provides for the payment of amounts that constitute
“nonqualified deferred compensation” under Code Section 409A, the Plan is intended
to comply with the provisions of Section 409A so as to prevent the inclusion in
gross income of any amounts deferred hereunder in a taxable year that is prior to
the taxable year or years in which such amounts would otherwise be actually
distributed and made available to Grantees or beneficiaries. Notwithstanding any
other Plan provision to the contrary, payment of Incentive Awards under the Plan
before December 31, 2008 may, at the Grantee’s election, be deferred or accelerated
to a date that Grantee specifies in such election, subject to approval by the
Committee, provided that (a) no amount otherwise payable in 2007 shall be deferred
beyond 2007, (b) no amount otherwise payable after 2007 shall be accelerated and
paid in 2007, (c) no amount otherwise payable in 2008 shall be deferred beyond 2008
unless the Grantee’s election was made not later than December 31, 2007, and (d) no
amount otherwise payable after 2008 shall be accelerated and paid in 2008 unless the
Grantee’s election was made not later than December 31, 2007. In the event that the
Internal Revenue Service (or other governmental entity) extends this transition rule
under Code Section 409A, such extension shall automatically apply to the Plan.


[Signature page follows.]


     IN WITNESS WHEREOF, this First Amendment to the Plan is hereby executed on this ___day of
                    , 2008, to be effective as of the execution date.


	 	 	 	 	 	 	 
	ATTEST:	 	SMITH INTERNATIONAL, INC.
	 
	 	 	 	 	 	 
	By:
	 	 	 	By:	 	 
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	Name:
	 	 	 	Name:	 	 
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	Title:
	 	 	 	Title:	 	 
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	Date:
	 	 	 	Date:
Melanie M. (Krull) NIGH, Appellant, v. Phillip N. KRULL, Jr., Respondent.

WD 81591

Missouri Court of Appeals, Western District.

ORDER FILED: March 5, 2019

Michael A. Insco, St. Joseph, MO, Attorney for Appellant.

Lisa A. Hansen, Lee's Summit, MO, Attorney for Respondent.

Before Division Three: Mark D. Pfeiffer, Presiding Judge, and Lisa White Hardwick and Anthony Rex Gabbert, Judges

**Order**

Per Curiam:

Ms. Melanie Nigh appeals from the judgment of the Circuit Court of Andrew County, Missouri, which partially modified the existing child custody arrangement between Ms. Nigh and her ex-husband, Mr. Phillip Krull, Jr., following a bench trial. Because a published opinion would have no precedential value, a memorandum of law has been provided to the parties. The judgment is affirmed. Rule 84.16(b).
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.                  

###### Department of Labor

###### Employment and Training Administration 

          - [TA-W-65,239] 

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 12, 2009 in response to a worker petition filed by a company official on behalf of workers of Three Rivers Timber, Inc., Kamiah, Idaho. 

The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. 

Signed at Washington, DC, this 12th day of March 2009. 

Richard Church, 

Certifying Officer, Division of Trade Adjustment Assistance. 

[FR Doc. E9-6299 Filed 3-23-09; 8:45 am] 

BILLING CODE 4510-FN-P
STATE of Missouri, Respondent, v. Randy OWEN, Appellant.

ED 106014

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

Filed: December 26, 2018

Richard H. Sindel, 8000 Maryland Avenue, Suite 910, St. Louis, MO 63105, for appellant.

Nathan A. Carroz, 211 E 3rd Street, Suite 202, Montgomery City, MO 63361, for respondent.

Before: Kurt S. Odenwald, P.J., Gary M. Gaertner, Jr., J., and Colleen Dolan, J.

PER CURIAM.

***ORDER***

Randy Owen appeals the judgment of the trial court finding him guilty of the class A misdemeanor of assault in the third degree and the infraction of trespass in the second degree. We have reviewed the briefs of the parties and the record on appeal and conclude that no reversible error occurred. An extended opinion would serve no jurisprudential purpose. We have, however, provided a memorandum setting forth the reasons for our decision to the parties for their use only. We affirm the judgment pursuant to Missouri Rule of Criminal Procedure 30.25(b) (2018).
[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Notices]
[Pages 12129-12130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6274]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8785-5]


Notice of Proposed Administrative Settlement Pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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

SUMMARY: In accordance with Section 122 (h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed 
administrative settlement concerning the Malone Service Company 
Superfund Site, Texas City, Galveston County, Texas.
    The settlement requires the seventy-four (74) settling parties to 
pay a total of $4,403,290 payment of response costs to the Hazardous 
Substances Superfund. The settlement includes a covenant not to sue 
pursuant to Sections 106 or 107 of CERCLA, 42, U.S.C. 9606 or 9607.
    For thirty (30) days following the date of publication of this 
notice, the Agency will receive written comments relating to this 
notice and will receive written comments relating to the settlement. 
The Agency will consider all comments received and may modify or 
withdraw its consent to the settlement if comments received disclose 
facts or considerations which indicate that the settlement is 
inappropriate, improper, or inadequate. The Agency's response to any 
comments received will be available for public inspection at 1445 Ross 
Avenue, Dallas, Texas 75202-2733.

DATES: Comments must be submitted on or before April 22, 2009.

ADDRESSES: The proposed settlement and additional background 
information

[[Page 12130]]

relating to the settlement are available for public inspection at 1445 
Ross Avenue, Dallas, Texas 75202-2733. A copy of the proposed 
settlement may be obtained from Patrice Miller, 1445 Ross Avenue, 
Dallas, Texas 75202-2733 or by calling (214) 665-3158. Comments should 
reference the Malone Service Company Superfund Site, Texas City, 
Galveston County, Texas, and EPA Docket Number 06-17-07, and should be 
addressed to Patrice Miller at the address listed above.

FOR FURTHER INFORMATION CONTACT: Anne Foster, 1445 Ross Avenue, Dallas, 
Texas 75202-2733 or call (214) 665-2169 or I-Jung Chiang, 1445 Ross 
Avenue, Dallas, Texas 75202-2733 or call (214) 665-2160.

    Dated: March 10, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
 [FR Doc. E9-6274 Filed 3-20-09; 8:45 am]
BILLING CODE 6560-50-P
Exhibit-32.1 -- Certification per Sarbanes-Oxley Act (Section 906)

I am the CEO of MMAX Media, Inc., a Nevada corporation (the "Company").
I am delivering this certificate in connection with the Form 10-K of the
Company for the fiscal year ended September 30, 2010 and filed with the U. S.
Securities and Exchange Commission ("Form 10-K").

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge,
the Form 10-K fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934 and that the information
contained in the Form 10-K fairly presents, in all material respects, the
financial condition and results of operations of the Company.


Dated:  January 28, 2011
        ----------------
                                    /s/ Tommy Habeeb
                                    ---------------------------
                                        Tommy Habeeb
                                Title:  Chief Executive Officer
                                        Chief Financial Officer
                                        Director

<PAGE>
CERTIFICATION
PURSUANT TO
 18
U.S.C. SECTION 1350,
 AS
ADOPTED PURSUANT TO
 SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002
 
 
 I,
Michael D. Price, President and Chief Executive Officer of Platinum Underwriters
Holdings, Ltd., hereby certify to the best of my knowledge and belief that this
Quarterly Report on Form 10-Q 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 that the information contained in this Quarterly Report on Form 10-Q
fairly presents, in all material respects, the financial condition and results
of operations of Platinum Underwriters Holdings, Ltd.
 
 
 Date: April
      30, 2009
              /s/  Michael
      D. PriceBy:
      Michael D. PricePresident
      and Chief Executive
Officer
Ex. 32





CERTIFICATION

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Vivian Lam Lee Yu, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Oxford Technologies, Inc. on the Form 10-Q for the quarter ended March 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Oxford Technologies, Inc.







|                    |  |     |  |                                                              
|------------------- |  | --- |  | -------------------------------------------------------------
|                    |  |     |  |                                                              
|Date:  May 19, 2010 |  | By: |  | /s/ Vivian Lam Lee Yu                                        
|                    |  |     |  | Vivian Lam Lee Yu, President                                 
|                    |  |     |  | (Principal Executive Officer and Principal Financial Officer)
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

MISAEL ANTONIO ALVARADODAVILA, Francisco Javier FonsecaDavila,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-71061

Agency No. A079-043-982

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted April 5, 2011** 

Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.

Misael Antonio Alvarado-Davila, a native and citizen of Nicaragua, petitions

for review of the Board of Immigration Appeals’ order dismissing his appeal from

an immigration judge’s (“IJ”) decision denying his application for asylum. We

FILED

APR 26 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
08-71061

have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the

agency’s factual findings and review de novo legal determinations. Husyev v.

Mukasey, 528 F.3d 1172, 1177 (9th Cir. 2008). We deny the petition for review.

Substantial evidence supports the agency’s determination that AlvaradoDavila did not establish past persecution. See Wakkary v. Holder, 558 F.3d 1049,

1056 (9th Cir. 2009) (harm to others must be closely tied to petitioner); see also

Gormley v. Ashcroft, 364 F.3d 1172, 1177-78 (9th Cir. 2004) (mere economic

disadvantage or discrimination does not amount to persecution). Substantial

evidence also supports the agency’s determination that Alvarado-Davila does not

have a well-founded fear of persecution on account of his family membership

because his siblings, who are similarly situated, live unharmed in Nicaragua. See

Santos-Lemus v. Mukasey, 543 F.3d 738, 743 (9th Cir. 2008). 

To the extent the Alvarado-Davila contends the IJ failed to consider his fear

of persecution on account of political opinion, independent of his social group

claim, the contention is unexhausted. See Barron v. Ashcroft, 358 F.3d 674, 677-

78 (9th Cir. 2004). 

Petitioner’s remaining challenges to the denial of his asylum claim are

unavailing. Accordingly, his asylum claim fails. 

PETITION FOR REVIEW DENIED.
EXHIBIT 32

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

In connection with the Quarterly Report of Yosemite Mortgage Fund II, LLC (the
"Issuer") on Form 10-QSB for the quarter ended September 30, 2004, filed with
the Securities and Exchange Commission on or about the date hereof, I, Steven M.
Pontes, General Manager of MFP Management LLC, the Manager of the Issuer, and
the equivalent of the chief executive officer and chief financial officer of the
Issuer, certify that the Report on Form 10-QSB containing the financial
statements of the Issuer fully complies with the requirements of section 13(a)
or 15(d) of the Securities Exchange Act of 1934 ( 15U.S.C. 78m(a) or 78o(d) and
that information contained in the periodic report fairly presents, in all
material respects, the financial condition and results of operations of the
Issuer.

Date: October 27, 2004


                                        /S/ STEVEN M. PONTES
                                        ----------------------------------------
                                        Steven M. Pontes, General Manager
                                        MFP Management LLC, Manager
                                        Principal Executive Officer
                                        Principal Financial Officer


                                       20
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT JEFF R USSELL TR

AXTLE, Plaintiff - Appe lla nt, v. SHERRI HOLM A

N, Libra ry C oordina tor, Ore g on De pa

rtm e nt of C o rre c tions; DON M ILLS, Supe rinte nde nt, DOC , Two R ive rs C orre c tiona l Institution, De fe nda

nts - Appe lle e s. No. 12-35063 D.C . No. 6:11-c v-06142-TC M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Distric t of Ore gon Ann L. Aike n, C hie f Judge , Pre siding Subm itte d De c e m

be r 19, 2012 ** B e fore : GOODW IN, WALLAC E, a nd FISHER , C irc u i t Judge s. Ore gon sta

te prisone r Je ff R

u sse l l Traxtle a

ppe a ls pro sefrom

the distric t c ourt’ s judgm e nt dismi ssing a s tim e -ba rre d his 42 U.S.C . § 1983 a c tion a lle ging a



# FIL ED JAN 03 2013 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).viola

tion of his c onstitutiona

l right of a c c e s s to thec ourts. W e have jurisdic tion unde r 28 U.S.C . § 1291. W e re vie wde novo, Douglas v . N oe lle , 567 F.3d 1103, 1106 (9th C ir. 2009), a

nd we a ffirm . The distric t c ourt prope rly dism isse d Traxtle ’ s a c t ion a s tim e -barre d be c a use his a c c e ss-to-c ourts c la im a c c rue d m ore tha

n two y e ars be fore he file d his c om pla i nt. Se eOr. R e v . Stat. § 12.110(1) (two-ye a r statute of lim ita

tions for pe rsona l injury

c la im s); D ouglas , 567 F.3d a t 1109 (for § 1983 c la im s, c o urts a pply the forum

sta te ’ s sta tute of lim ita

tions for pe rsona l injury c la im s); Morale s v . C ity of Los Ange le

s , 214 F.3d 1151, 1154 (9th C ir. 2000) (a n a c c e ss-to-c ourts c la im a c c rue s whe n the lowe r c ourt issue s its judgme nt in theunde rly ing a c tion, not whe n the a

p pe a l s of tha

t judgm e nt ha

v e be e n e xha

uste d). Traxtle ’ s re lia

nc e on C hristopher v . Harbury , 536 U.S. 403 (2002), is m ispla c e d. AFFIRM E D.

1 2 - 3 5 0 6 3 2
EXHIBIT 31
CERTIFICATION OF SENIOR OFFICER IN CHARGE OF THE SERVICING FUNCTION OF THE SERVICER
PURSUANT TO Rule 15d-14(d)
  1.
    
    I have reviewed this report on Form 10-K, and all reports on Form 10-D required to be
filed in respect of the period covered by this report on Form 10-K of Volkswagen Auto Loan
Enhanced Trust 2008-2 (the Exchange Act periodic reports);2.
    
    Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information
required to be provided under Form 10-D for the period covered by this report is included
in the Exchange Act periodic reports;4.
    
    I am responsible for reviewing the activities performed by the servicer and based on my
knowledge and the compliance review conducted in preparing the servicer compliance
statement required in this report under Item 1123 of Regulation AB, and except as disclosed
in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the
servicing agreement in all material respects; and5.
    
    All of the reports on assessment of compliance with servicing criteria for asset-backed
securities and their related attestation reports on assessment of compliance with servicing
criteria for asset-backed securities required to be included in this report in accordance
with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included
as an exhibit to this report, except as otherwise disclosed in this report. Any material
instances of noncompliance described in such reports have been disclosed in this report on
Form 10-K.
   /s/ Andrew StuartAndrew StuartExecutive Vice President & CFO
(senior officer in charge of the servicing function)
EXHIBIT 32

Certification Pursuant to Title 18, United States Code, Section 1350, as Adopted Pursuant to Section 906 Of The Sarbanes-Oxley Act Of 2002



In connection with the Quarterly Report of Karma Media, Inc. ("Karma Media") on Form 10-QSB for the three-month period ended September 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Dominique Einhorn, President and Chief Executive Officer of Karma Media, and I, Michael C. Markwell, Principal Financial Officer of Karma Media, certify, pursuant to Title 18, United States Code, Section 1350, as adopted pursuant to 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.

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Karma Media

Date: November 12, 2004

/s/ Dominique Einhorn

Dominique Einhorn

President and Chief Executive Officer

Date: November 12, 2004

/s/ Michael C. Markwell

Michael C. Markwell

Principal Financial Officer
EXHIBIT
      32.2


**CERTIFICATION
        OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION
        1350,**
 **AS
        ADOPTED****PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF
        2002**




In
        connection with the filing of the Quarterly Report of PaperFree Medical
        Solutions, Inc., (the "Company") on Form 10-QSB for the quarter ended May
        31, 2007 (the “Report”) as
          filed
          with the Securities and Exchange Commission on the date hereof. I, Craig
          S. Barrow, Chief Financial Officer of the Company, certify, pursuant to
          18
          U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
          of
          2002, that, to the best of my knowledge and
          belief:
   Report
        fairly presents, in all material respects the financial condition and results
        of
        operations of the Registrant
  By: /s/
        Craig S. Barrow
 Date:
        July 16, 2007
 Chief
        Financial Officer
  A
          signed
          original of this written statement required by Section 906 has been provided
          to
          the Company and will be retained by the Company and furnished to the Securities
          and Exchange Commission or its staff upon
          request.