alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment No.1 to the Jarden Corporation Amended and Restated



 Exhibit 10.1 
 AMENDMENT NO. 1 TO THE 
 JARDEN CORPORATION 
 AMENDED AND RESTATED 2003 STOCK INCENTIVE PLAN 
 WHEREAS, Jarden Corporation (the “Company”) maintains and sponsors the Jarden Corporation Amended and Restated 2003 Stock Incentive Plan (the “Plan”); and 
 WHEREAS, the Board of Directors of the Company (the “Board”) has the authority to amend the Plan at any time pursuant to Section 21 of the
Plan; and 
 WHEREAS, the Board has determined that it is in the best interests of the Company to amend the Plan. 
 NOW, THEREFORE, the Plan is hereby amended as follows: 
 1. A new Section 2(c) shall be added to the Plan and shall read in its entirety as follows: 
 “(c)
In connection with the Company’s acquisition of K2 Inc. pursuant to that Agreement and Plan of Merger by and among the Company, K2 Merger Sub, Inc. and K2 Inc. (the “Transaction”) and pursuant to Section 303A.08 of the New
York Stock Exchange Listed Company Manual, the Company reserves an additional 196,327 Shares for grant and issuance pursuant to the Plan; provided, however, that: (i) with respect to 20,179 of these Shares, such Shares shall not be made subject
to Awards under the Plan on or after May 13, 2014; (ii) with respect to 176,148 of these Shares, such Shares shall not be made subject to Awards under the Plan on or after May 11, 2016; and (iii) no such Shares shall be subject
to Awards granted to individuals who were employed by the Company or any of its Subsidiaries immediately prior to the Transaction.” 
 2. Renumbering. The other provisions and cross-references of the Plan shall be renumbered accordingly as a consequence of the addition of a new Section 2(c). 
 3. Governing Law. This Agreement shall be construed and governed by the laws of the State of Delaware, without giving effect to
conflicts of laws principles thereof which might refer such interpretations to the laws of a different state or jurisdiction. 
 4. Full force and effect of the Plan. Except as specifically amended herein, all other provisions of the Plan shall remain in full force and effect in accordance with its terms. All references in the Plan to “the Plan”
shall be deemed to refer to the Plan as amended by this Amendment to the Plan.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SEMEN ABRAMIAN, AKA Semen

Arasesovich Abramyan and ELEONARA

ABRAMIAN, AKA Eleonora Abramyan,

 Petitioners,

 v.

LORETTA E. LYNCH, Attorney General,

 Respondent.

No. 13-74033

Agency Nos. A070-947-920

A070-947-921

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 14, 2015** 

Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.

Semen Abramian and Eleonara Abramian, citizens of Georgia, petition for

review of the Board of Immigration Appeals’ (“BIA”) order dismissing their

appeal from an immigration judge’s order denying their motion to reopen

FILED

OCT 20 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * 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).
deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review

for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales,

400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to

reopen as untimely, where they filed the motion fifteen years after their final

deportation order and after September 30, 1996, see 8 C.F.R. § 1003.23(b)(1), and

failed to establish the due diligence required for equitable tolling of the filing

deadline, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir. 2003) (equitable

tolling is available “when a petitioner is prevented from filing because of

deception, fraud, or error, as long as the petitioner acts with due diligence in

discovering the deception, fraud, or error”).

In light of this disposition, we do not address petitioners’ remaining

contentions regarding due process and compliance with the procedural

requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). 

PETITION FOR REVIEW DENIED.

2 13-74033
Darius JOHNSON, a/k/a Darius Q. Johnson, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-4128

District Court of Appeal of Florida, Second District.

Opinion filed August 25, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Darryl KIRKSEY, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D17-3690

District Court of Appeal of Florida, First District.

Opinion filed November 8, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
IV 

118TH CONGRESS 

1ST SESSION H. RES. 38 

Amending the Rules of the House of Representatives to prohibit remote 

voting in meetings of committees and subcommittees and to require 

the chair of a committee or subcommittee to recognize members at 

a meeting of the committee or subcommittee in the order in which 

they seek recognition. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 17, 2023 

Mr. DONALDS submitted the following resolution; which was referred to the 

Committee on Rules 

RESOLUTION 

Amending the Rules of the House of Representatives to 

prohibit remote voting in meetings of committees and 

subcommittees and to require the chair of a committee 

or subcommittee to recognize members at a meeting of 

the committee or subcommittee in the order in which 

they seek recognition. 

1 Resolved, 

2 SECTION 1. PROHIBITING REMOTE VOTING IN COMMIT3 TEES. 

4 Clause 2(f) of rule XI of the Rules of the House of 

5 Representatives is amended— 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HRES 38 IH 

1 (1) in the heading, by striking ‘‘proxy’’ and in2 serting ‘‘proxy or remote’’; 

3 (2) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(2) A vote by a member of a committee or sub6 committee with respect to any measure or matter may not 

7 be taken remotely.’’. 

8 SEC. 2. RECOGNITION OF MEMBERS DURING MEETINGS OF 

9 COMMITTEES. 

10 Clause 2 of rule XI of the Rules of the House of Rep11 resentatives is amended by adding the following: 

12 ‘‘(q) During a meeting of a committee or sub13 committee, the chair shall recognize members in the order 

14 in which they seek recognition.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
A.P., a juvenile, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-0649

District Court of Appeal of Florida, Third District.

Opinion filed October 25, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
EXHIBIT 23

MOORE & ASSOCIATES, CHARTERED
  ACCOUNTANTS AND ADVISORS
  ------------------------
      PCAOB REGISTERED


            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
            --------------------------------------------------------


We consent to the use, in the statement on Form 10K of Beta Music Group, Inc.
and Subsidiary, of our report dated February 20, 2009 on our audit of the
financial statements of Beta Music Group, Inc. and Subsidiary as of December 31,
2008 and December 31, 2007, and the related statements of operations,
stockholders' equity and cash flows for the years ended December 31, 2008 and
December 31, 2007 and inception on July 5, 2006 through December 31, 2008, and
the reference to us under the caption "Experts."


/S/ MOORE & ASSOCIATES, CHARTERED
---------------------------------
Moore & Associates Chartered
Las Vegas, Nevada
March 4, 2009


  6490 West Desert Inn Rd, Las Vegas, NV 89146 (702)253-7499 Fax (702)253-7501
  ----------------------------------------------------------------------------
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 Annual Report of Adventure Energy, Inc. (the “Company”) on Form 10-K/A for the fiscal year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, in the capacities and on the date indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





(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 result of operations of the Company.





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.





This certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350 and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.





August 18, 2010
By:
/s/ Wayne AndersonPresident and Acting Chief Financial Officer(Principal Executive Officer and Principal Financial Officer)
##### 



Exhibit 32 CERTIFICATIONS OF CHAIRMAN/CEO AND CFO PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT CERTIFICATIONS PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(18 U.S.C. SECTION 1350) In connection with the Quarterly Report of SinoFresh HealthCare, Inc., a Florida corporation (the
Company), on Form 10-QSB for the quarter ended March 31, 2005, as filed with the Securities and
Exchange Commission (the Report), Charles A. Fust, Chairman of the Board and Chief Executive
Officer of the Company and Scott M. Klein, Chief Financial Officer of the Company, respectively, do
each hereby certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that
to his knowledge: (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 result of operations of the Company. /s/
Charles A. FustCharles A. FustChairman of the Board and Chief Executive OfficerMay 17, 2005/s/ Scott M. KleinScott M. KleinChief Financial OfficerMay 17, 2005
 20
Jeffrey MOSLEY, Petitioner, v. STATE of Florida, Respondent.

No. 1D17-5416

District Court of Appeal of Florida, First District.

February 21, 2018

Jeffrey Mosley, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

Per Curiam.

The petition for belated appeal is denied on the merits.

Wetherell, Rowe, and Jay, JJ., concur.
Ronnie Lee LOCKETTE, Appellant, v. STATE of Florida, Appellee.

No. 4D16-1709

District Court of Appeal of Florida, Fourth District.

[December 21, 2017]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
**Exhibit 32.1****WRITTEN STATEMENT OF THE CHIEF EXECUTIVE OFFICER****Pursuant to 18 U.S.C. § 1350**     Solely for the purpose of complying with 18 U.S.C. § 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, I, the undersigned Chief Executive Officer of North PointeHoldings Corporation (the “Company”), hereby certify, based on my knowledge, that the QuarterlyReport on Form 10-Q of the Company for the three months ended March 31, 2006 (the “Report”) fullycomplies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 andthat the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.              /s/ James G. Petcoff   James G. Petcoff   Chief Executive Officer   Dated: May 12, 2006
35
DANIEL KARR JOHNSON,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

___________________________/

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D15-0750

Opinion filed May 27, 2015.

Petition for Belated Appeal -- Original Jurisdiction.

Daniel Karr Johnson, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, and Kristen Lynn Bonjour, Assistant Attorney 

General, Tallahassee, for Respondent.

PER CURIAM.

Petitioner is granted a belated appeal of the December 19, 2014, order denying 

defendant’s motion to correct illegal sentence in Clay County Circuit Court case 

number 10-1981-CF-000291-AXXX-MA. Upon issuance of mandate in this cause, a 

copy of this opinion shall be provided to the clerk of the circuit court for treatment as 

the notice of appeal. Fla. R. App. P. 9.141(c)(6)(D). 

BENTON, CLARK, and MAKAR, JJ., CONCUR.
Ramesh PATHAK and Maria Jimenez, Appellants, v. JPMORGAN CHASE BANK, N.A., Appellee.

Case No. 5D17-581

District Court of Appeal of Florida, Fifth District.

Decision filed October 10, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE DECEMBER
31, 1999, AUDITED FINANCIAL STATEMENTS OF VINEYARD NATIONAL BANCORP AND
SUBSIDIARY AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       7,853,489
<INT-BEARING-DEPOSITS>                         495,000
<FED-FUNDS-SOLD>                             3,390,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  9,428,297
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                     85,717,097
<ALLOWANCE>                                    763,638
<TOTAL-ASSETS>                             116,228,156
<DEPOSITS>                                 104,523,178
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                          3,074,743
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,106,258
<OTHER-SE>                                   6,598,977
<TOTAL-LIABILITIES-AND-EQUITY>             116,228,156
<INTEREST-LOAN>                              8,136,750
<INTEREST-INVEST>                              512,169
<INTEREST-OTHER>                               345,584
<INTEREST-TOTAL>                             8,994,503
<INTEREST-DEPOSIT>                           2,204,034
<INTEREST-EXPENSE>                           2,204,034
<INTEREST-INCOME-NET>                        6,790,469
<LOAN-LOSSES>                                  166,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              8,564,374
<INCOME-PRETAX>                               (36,464)
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (24,864)
<EPS-BASIC>                                    (.01)
<EPS-DILUTED>                                    (.01)
<YIELD-ACTUAL>                                    0.09
<LOANS-NON>                                    495,000
<LOANS-PAST>                                    14,000
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                              1,695,000
<ALLOWANCE-OPEN>                               686,016
<CHARGE-OFFS>                                  197,255
<RECOVERIES>                                   108,877
<ALLOWANCE-CLOSE>                              763,638
<ALLOWANCE-DOMESTIC>                           763,638
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
First Amendment to Second Amended & Restated Mirant Supp Exec Retirement Plan



 Exhibit 10.45 
 FIRST AMENDMENT TO THE 
 SECOND AMENDED AND RESTATED

 MIRANT SERVICES SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN 
 WHEREAS, Mirant Services, LLC (“Company”) has adopted the Second Amended and Restated Mirant Services Supplemental
Executive Retirement Plan, effective as of January 1, 2009 (“Plan”); and 
 WHEREAS, the Board of Managers
of the Company (“Board”) is authorized pursuant to Section 6.2 of the Plan to amend the Plan at any time; 
 NOW, THEREFORE, the Board hereby amends the Plan as follows effective January 1, 2009: 
 1.

 Section 5.3 is hereby deleted and the following is substituted in lieu thereof: 
  

	“5.3	FICA. The Participant’s first annual payment of the Participant’s SERP Benefit shall be reduced by the amount necessary to pay any tax due under the
Federal Insurance Contributions Act with respect to the amount of the Participant’s Accrued SERP Benefit (“FICA Tax”).” 

 2. 
  

	“5.4	Acceleration of FICA Taxes. If FICA Taxes are imposed on the Participant’s SERP Benefit prior to the Participant’s Payment Commencement Date, the
Committee may accelerate the payment of the Participant’s SERP Benefit solely to pay all or a portion of the following: 

  

	 	(A)	The FICA Taxes imposed on the Participant’s SERP Benefit, 

  

	 	(B)	Any income tax withholding on wages imposed under Code Section 3401 or under any corresponding withholding provision under applicable state, local or foreign law
as a result of accelerating the Participant’s SERP Benefit to pay FICA Taxes, and 

  

	 	(C)	Any additional income tax attributable to the pyramiding Code Section 3401 wages and taxes. 

 The decision to accelerate the payment of the Participant’s SERP Benefit for the reasons specified above is at the sole discretion of
the Committee. The Participant is prohibited from making any direct or indirect election to accelerate the payment of the Participant’s SERP Benefit.” 







 ******************* 
 Except as amended herein by this First Amendment, the Plan shall remain in full force and effect as amended and restated by the Company
prior to the adoption of this First Amendment. 
 IN WITNESS WHEREOF, the Board through a duly authorized officer of the
Company has adopted this First Amendment to the Plan on this 1st day of September, 2009, to be effective as of the date listed above. 
  

			
	MIRANT SERVICES, LLC
		
	By:	 	  

		 	Kevin P. Boudreaux
		 	Vice President, Administration


  

 - 2 -
**Exhibit 31.2**
Certification of Principal Financial Officer
I, Lawrence L. Spanley, Jr., certify that:
 1. I have reviewed this quarterly report on Form 10-Q of Bakers FootwearGroup, Inc.;  2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report;  3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;  4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:
   (a)Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during theperiod in which this report is being prepared;    (b)[reserved]    (c)Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on suchevaluation; and    (d)Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
 5. The registrant’s other certifying officers and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
   (a)All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and    (b)Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’sinternal control over financial reporting.       August 16, 2004 /s/  Lawrence L. Spanley, Jr.      Lawrence L. Spanley, Jr.     Chief Financial Officer     Bakers Footwear Group, Inc.     (Principal Financial Officer)
Vincent ROBERSON, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-1311

District Court of Appeal of Florida, Second District.

Opinion filed August 23, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
EXHIBIT 23a





CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS





As independent public accountants, we hereby
consent to the incorporation by reference in the previously filed registration statements (Nos. 33-30602, 33-30603, 33-36161, 33-41924, 33-95724, 333-37027, 333-37029, 333-37031, 333-92637, 333-70372 and 333-70362) on Form S-8 and in the
registration statements (333-29757 and 333-64877) on Form S-3 of our report dated January 18, 2002, related to the consolidated statement of financial condition of Bay View Capital Corporation and Subsidiaries as of December 31, 2001 and the related
consolidated statement of operations and comprehensive income (loss), stockholders equity and cash flows for the year then ended included in Bay View Capital Corporation and Subsidiaries Form 10-K for the year ended December 31, 2001.





/s/    Arthur Andersen LLP





San Francisco, California


March 25, 2002




1
----

Prior notification of a concentration

(Case COMP/M.3816 — Apax/Mölnlycke)

(2005/C 119/06)

(Text with EEA relevance)

----

(1)OJ L 24, 29.1.2004, p. 1.

----
H. Res. 456 

In the House of Representatives, U. S., 

May 31, 2023. 

Resolved, That upon adoption of this resolution it shall 

be in order to consider in the House the bill (H.R. 3746) to 

provide for a responsible increase to the debt ceiling. All 

points of order against consideration of the bill are waived. 

The amendment printed in the report of the Committee on 

Rules accompanying this resolution shall be considered as 

adopted. The bill, as amended, shall be considered as read. 

All points of order against provisions in the bill, as amended, 

are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment 

thereto, to final passage without intervening motion except: 

(1) one hour of debate equally divided and controlled by the 

chair and ranking minority member of the Committee on 
2 

•HRES 456 EH 

Ways and Means or their respective designees; and (2) one 

motion to recommit. 

Attest: 

Clerk.