alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exh10-12a.htm


     

    
      Exhibit
10.12(a)




    Schedule
of Employment Continuation Agreements of Named Executive Officers dated January
1, 2009.

    


    
      	
               

              Name

            	
               

              Termination
      Benefit

            
	
               

              Laurence
      M. Downes, President and Chief Executive Officer

            	
               

              Three times the sum, of
      (x) his then annual base salary and (y) the average of his annual bonuses
      paid or payable with respect to the last three calendar years ended prior
      to the Change of Control.

            
	
               

              Mariellen
      Dugan, Senior Vice President and General Counsel

            	
               

              Two times the sum, of
      (x) her then annual base salary and (y) the average of her annual bonuses
      paid or payable with respect to the last three calendar years ended prior
      to the Change of Control (“2x”).

            
	
               

              Kathleen
      T. Ellis, Senior Vice President, Corporate Affairs and
      Marketing

            	
               

              2x

            
	
               

              Glenn
      C. Lockwood, Senior Vice President and Chief Financial
    Officer

            	
               

              2x

            
	
               

              Joseph
      P. Shields, Executive Vice President and Chief Operating Officer, NJR
      Energy Services Company

            	
               

              2x
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

935 

KA 16-00087 

PRESENT: WHALEN, P.J., CENTRA, CARNI, CURRAN, AND TROUTMAN, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

STEVEN P. BROCKWAY, DEFENDANT-APPELLANT. 

(APPEAL NO. 2.) 

 

BETZJITOMIR LAW OFFICE, BATH (SUSAN BETZJITOMIR OF COUNSEL), FOR

DEFENDANT-APPELLANT. 

BROOKS T. BAKER, DISTRICT ATTORNEY, BATH (JOHN C. TUNNEY OF COUNSEL),

FOR RESPONDENT. 

 

Appeal from a judgment of the Steuben County Court (Joseph W.

Latham, J.), rendered July 31, 2013. The judgment convicted

defendant, upon his plea of guilty, of tampering with a witness in the

third degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Same memorandum as in People v Brockway ([appeal No. 1] ___ AD3d

___ [Mar. 31, 2017]).

Entered: March 31, 2017 Frances E. Cafarell

Clerk of the Court
[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Notices]
[Pages 22389-22390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11145]



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

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5203-5]


Waste Analysis Guidance Manual: The Resource Conservation and 
Recovery Act (RCRA); Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of comment period for the Waste Analysis Guidance For 
Facilities That Burn Hazardous Wastes--Draft.

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

SUMMARY: On April 11, 1995, the Environmental Protection Agency 
announced a draft Waste Analysis Guidance For Facilities That Burn 
Hazardous Wastes is available for public comment (60FR18402). This 
guidance document was developed by the Office of Compliance for 
facilities that treat and dispose of hazardous wastes by using 
combustion technology as regulated under 40 CFR parts 264 and 265, 
Subpart O and 40 CFR part 266, Subpart H. Upon requests from several 
callers ordering the document, EPA is extending the date for which it 
will accept public comments on this document.

DATES: EPA will now accept public comments on this draft guidance 
document until June 2, 1995.

[[Page 22390]] ADDRESSES: Copies of the Waste Analysis Guidance For 
Facilities That Burn Hazardous Wastes EPA/530/R-94/019 may be obtained 
by visiting the RCRA Information Center or by calling the RCRA Hotline. 
The public must send an original and two copies of their comments to: 
RCRA Information Center (5305), U.S. Environmental Protection Agency, 
401 M Street, SW.,Washington, DC 20460. Place the docket number (#F-95-
WAGA-FFFFF) on your comments. The RCRA Information Center is located in 
room M2616 at EPA Headquarters, 401 M Street S.W., Washington, DC 
20460. It is open from 9 a.m. to 4 p.m., Monday through Friday, except 
on Federal holidays. The public must make an appointment to review 
docket materials. Call (202) 260-9327 for appointments. Copies cost 
0.15 per page.

FOR FURTHER INFORMATION CONTACT: For general information and a copy of 
the document contact the RCRA Hotline at (800) 424-9346 toll-free or 
(703) 412-9810 in the Washington, DC, area. For information on specific 
aspects of the guidance manual, contact John Dombrowski at (202) 564-
7036, Chemical, Commercial Services and Municipal Division (2224-A), 
Office of Compliance, U.S. Environmental Protection Agency, 401 M 
Street SW., Washington, DC 20460.

    Dated: April 24, 1995.
Elaine G. Stanley,
Director, Office of Compliance.
[FR Doc. 95-11145 Filed 5-4-95; 8:45 am]
BILLING CODE 6560-50-P
Charles SMITH III, Appellant, v. STATE of Florida, Appellee.

No. 1D18-3907

District Court of Appeal of Florida, First District.

July 16, 2019

Charles Smith III, pro se, Appellant.

Ashley Moody, Attorney General, and Daniel Krumbholz, Assistant Attorney General, Tallahassee, for Appellee.

BILBREY, J.

Charles Smith III appeals the summary denial of his motion for postconviction relief. In his motion, Appellant raised a *Brady** violation and a claim of ineffective assistance of counsel for failure to seek suppression, among other claims. Appellant alleged he would not have pled guilty had he known of the *Brady* violation or of the possibility of suppression of the testimony of certain witnesses. A *Brady* claim is cognizable in a postconviction motion. *See**Wickham v. State* , 124 So. 3d 841 (Fla. 2013). Similarly, failure to seek suppression may be a basis for postconviction relief. *See**Douglas v. State* , 67 So. 3d 1119 (Fla. 1st DCA 2011). While the trial court attached record excerpts to its order, these attachments do not conclusively refute the legally sufficient claims made in grounds one and three of the motion. Accordingly, Smith is entitled to an evidentiary hearing on these claims. Fla. R. Crim. P. 3.850 ; *see**Freeman v. State* , 761 So. 2d 1055 (Fla. 2000).

The order denying relief is VACATED , and the cause is REMANDED for further proceedings.

Wolf and Osterhaus, JJ., concur.

*

*Brady v. Maryland* , 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).
1 

2 

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27 

28 

United States District Court 

Northern District of Californi

a

 UNITED STATES DISTRICT COURT 

 NORTHERN DISTRICT OF CALIFORNIA 

ALBERT DYTCH, 

Plaintiffs, 

v. 

MAXACO, LLC, 

Defendants. 

Case No. 17-cv-00438-SI (SI) 

PRETRIAL PREPARATION ORDER 

(CIVIL) 

It is hereby ORDERED pursuant to F.R.C.P. and the Local Rules of this Court: 

FURTHER CASE MANAGEMENT: May 25, 2018 at 3:00 PM. 

Counsel must file a joint case management statement seven days in advance of the 

conference. 

DISCOVERY PLAN: Per F.R.Civ.P and Local Rules, subject to any provisions below. 

NON-EXPERT DISCOVERY CUTOFF is: July 31, 2018. 

DESIGNATION OF EXPERTS: 8/20/18; REBUTTAL: 9/7/18; 

 Parties SHALL conform to Rule 26(a)(2). 

EXPERT DISCOVERY CUTOFF is: September 28, 2018. 

DISPOSITIVE MOTIONS SHALL be filed by; October 5, 2018; 

 Opp. Due: October 19, 2018; Reply Due: October 26, 2018; 

 and set for hearing no later than November 9, 2018 at 10:00 AM. 

PRETRIAL CONFERENCE DATE: November 27, 2018 at 3:30 PM. 

COURT TRIAL DATE: December 10, 2018 at 8:30 AM. 

 Courtroom 1, 17th floor. 

TRIAL LENGTH is estimated to be 4 days. 

 

SPECIAL DISCOVERY AND PRETRIAL PROVISIONS: 

This case shall be referred to a magistrate-judge for settlement purposes. The settlement 

conference shall occur in August 2018. 
2 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Unite

d

States District 

Court 

Northern District of Californi

a

The pretrial conference SHALL be attended by trial counsel prepared to discuss all aspects 

of the case, including settlement. Parties SHALL conform to the attached instructions. 

Plaintiff is ORDERED to serve a copy of this order on any party subsequently joined in this 

action. 

IT IS SO ORDERED. 

Dated: 

____________________________________ 

SUSAN ILLSTON 

United States District Judge 

2/26/18
EX PARTE Richard Allen YEAGER

CR-17-0187

Court of Criminal Appeals of Alabama.

February 28, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Mand. pet. dismissed.
Eugene HAMMOND, petitioner, v. GEORGIA.

No. 12-9548.

Supreme Court of the United States

June 3, 2013.

Petition for writ of certiorari to the Supreme Court of Georgia denied.
[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Notices]
[Page 22379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11108]



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

DEPARTMENT OF ENERGY
[Docket No. PR95-8-000]


Arkansas Western Gas Company; Notice of Informal Settlement 
Conference

May 1, 1995.
    Take notice that an informal settlement conference in the above-
captioned proceeding will be held on Tuesday, May 16, 1995 at 2:00 p.m. 
in a room to be designated at the offices of the Federal Energy 
Regulatory Commission, 825 North Capitol Street, N.E., Washington, D.C. 
20426.
    Attendance will be limited to the parties and participants, as 
defined by 18 CFR 385.102(b) and (c). Persons wishing to become a party 
must move to intervene and receive intervenor status pursuant to 
Sec. 385.214 of the Commission's regulations.
    For additional information, please contact Mark E. Hegerle at (202) 
208-0287.
Lois D. Cashell,
Secretary.
[FR Doc. 95-11108 Field 5-4-95; 8:45 am]
BILLING CODE 6717-01-M
##### 



Exhibit 99.1

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

I, Lukas Braunschweiler, 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 Dionex Corporation on Form 10-Q for the quarter ended
March 31, 2003 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 Quarter Report fairly presents in all material respects the financial
condition and results of operations of Dionex Corporation.

| |  |     |  |                               
| |  | --- |  | ------------------------------
| |  | By: |  | /s/ Lukas Braunschweiler      
| |  |     |  |                               
| |  |     |  | Name:     Lukas Braunschweiler

Title: President, Chief Executive Officer and Director

I, Craig A. McCollam, 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 Dionex Corporation on Form 10-Q for the quarter ended
March 31, 2003 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 Quarter Report fairly presents in all material respects the financial
condition and results of operations of Dionex Corporation.

| |  |       |  |                      
| |  | ----- |  | ---------------------
| |  | By:   |  | /s/ Craig A. McCollam
| |  | Name: |  | Craig A. McCollam    

Title: Vice President and
Chief Financial Officer
[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Notices]
[Pages 21821-21822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10847]



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


FEDERAL RESERVE SYSTEM

John Daniel Moran, Sr., et al.; Change in Bank Control Notices; 
Acquisitions of Shares of Banks or Bank Holding Companies

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. 
The factors that are considered in acting on the notices are set forth 
in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. Once the notices have been accepted for 
processing, they will also be available for inspection at the offices 
of the Board of Governors. Interested persons may express their views 
in writing to the Reserve Bank indicated for that notice or to the 
offices of the Board of Governors. Comments must be received not later 
than May 17, 1995.
    A. Federal Reserve Bank of Philadelphia (Michael E. Collins, Senior 
Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105:
    1. John Daniel Sr., and Maureen F. Moran, Shavertown, Pennsylvania; 
to acquire an additional 20.7 percent of the voting shares, for a total 
of 45.4 percent, of the voting shares of Guaranty Bancshares 
Corporation, Shamokin, Pennsylvania, and thereby indirectly acquire 
Guaranty Bank, N.A., Shamokin, Pennsylvania.
    B. Federal Reserve Bank of Atlanta (Zane R. Kelley, Vice President) 
104 Marietta Street, N.W., Atlanta, Georgia 30303:
    1. Salvardor Bonilla-Mathe, Miami, Florida; to acquire an 
additional 1.6 percent, for a total of 25.4 percent, of the voting 
shares of Gulf Bank, Miami, Florida.
    C. Federal Reserve Bank of Dallas (Genie D. Short, Vice President) 
2200 North Pearl Street, Dallas, Texas 75201-2272:
    1. Jon Black, Crowell, Texas; to acquire an additional .86 percent, 
for a total of 25.75 percent, of the voting shares of Crowell 
Bancshares, Crowell, Texas, and thereby indirectly acquire Crowell 
State Bank, Crowell, Texas.
    D. Federal Reserve Bank of San Francisco (Kenneth R. Binning, 
Director, Bank Holding Company) 101 Market Street, San Francisco, 
California 94105:
    1. Peter Huizinga Testamentary Trust, Oak Brook, Illinois, to 
acquire an additional 4.6 percent, for a total of 14.5 percent; and 
Robert A. Schoellhorn Revocable Trust, Highland Park, Illinois, to 
acquire an additional 4 percent, for a [[Page 21822]] total of 13.9 
percent, of the voting shares of Monarch Bancorp, Laguna Niguel, 
California, and thereby indirectly acquire Monarch Bank, Laguna Niguel, 
California.

    Board of Governors of the Federal Reserve System, April 27, 
1995.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 95-10847 Filed 5-2-95; 8:45 am]
BILLING CODE 6210-01-F
xml version="1.0" encoding="UTF-8"?


L\_2019245EN.01000901.xml


| | | | |
| --- | --- | --- | --- |
| 25.9.2019 | EN | Official Journal of the European Union | L 245/9 |

---

Corrigendum to Council Directive (EU) 2017/2455 of 5 December 2017 amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain value added tax obligations for supplies of services and distance sales of goods

(
[Official Journal of the European Union L 348 of 29 December 2017](http://publications.europa.eu/resource/oj/JOL_2017_348_R_TOC)
)

On page 13, in point (10) of Article 2:

for:

| | | | |
| --- | --- | --- | --- |
| ‘(10) | ... | | | | --- | --- | | “(2) | supplies of goods as referred to in Article 33 except where a taxable person is making use of the special scheme in Section 3 of Chapter 6 of Title XII;”’, | |

read:

| | | | |
| --- | --- | --- | --- |
| ‘(10) | ... | | | | --- | --- | | “(2) | supplies of goods as referred to in point (a) of Article 33 except where a taxable person is making use of the special scheme in Section 3 of Chapter 6 of Title XII;”’. | |

---
<PAGE>   1
                                                                     EXHIBIT 3.2

                           CERTIFICATE OF AMENDMENT OF
                          CERTIFICATE OF INCORPORATION
                                       OF
                             QUARTERDECK CORPORATION

         QUARTERDECK CORPORATION, a corporation organized and existing under and
by virtue of the General Corporation Law of the State of Delaware:

         DOES HEREBY CERTIFY:

         FIRST: That at a meeting of the Board of Directors of QUARTERDECK
CORPORATION, resolutions were duly adopted setting forth a proposed amendment of
the Certificate of Incorporation of said corporation, declaring said amendment
to be advisable and calling for consent of the stockholders at a meeting of said
corporation for consideration thereof.

         SECOND: That pursuant to such resolution, the first paragraph of
Article IV of said corporation's Certificate of Incorporation would be amended
to read as follows:

          "The total authorized number of shares of the Corporation shall be
         102,000,000 shares, consisting of 100,000,000 shares designated as
         Common Stock, $.001 par value, and 2,000,000 shares designated as
         Preferred Stock, $.001 par value."

         THIRD: That thereafter, pursuant to resolution of its Board of
Directors, the stockholders of said corporation considered and adopted said
amendment of Article IV at a duly constituted meeting thereof, at which meeting
the necessary number of shares as required by statute were voted in favor of the
amendment.

         FOURTH: That said amendment was duly adopted in accordance with the
provisions of Section 242(b) of the General Corporation Law of the State of
Delaware.

         IN WITNESS WHEREOF, said QUARTERDECK CORPORATION has caused this
certificate to be signed by Curtis Hessler, its President, and attested by Ron
Ben-Yehuda, its Secretary, this 10th day of February, 1998.



                                       By:  /s/ CURTIS HESSLER
                                            ------------------------------------
                                            Curtis Hessler, President


Attest: /s/ RON BEN-YEHUDA
         ---------------------------
         Ron Ben-Yehuda, Secretary
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED UNAUDITED FINANCIAL STATEMENTS INCLUDED WITH THE
QUARTERLY REPORT ON FORM 10Q DATED MARCH 31, 1997 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS AND QUARTERLY REPORT.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          10,235
<SECURITIES>                                         0
<RECEIVABLES>                                   25,684
<ALLOWANCES>                                    12,686
<INVENTORY>                                      1,610
<CURRENT-ASSETS>                                29,530
<PP&E>                                          38,082
<DEPRECIATION>                                  16,098
<TOTAL-ASSETS>                                  59,176
<CURRENT-LIABILITIES>                           30,355
<BONDS>                                         25,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     20,000
<COMMON>                                            38
<OTHER-SE>                                    (16,357)
<TOTAL-LIABILITY-AND-EQUITY>                    59,176
<SALES>                                         23,097
<TOTAL-REVENUES>                                23,097
<CGS>                                            5,304
<TOTAL-COSTS>                                   16,458
<OTHER-EXPENSES>                                 1,666
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 501
<INCOME-PRETAX>                                  (832)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (832)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (832)
<EPS-PRIMARY>                                   (0.02)
<EPS-DILUTED>                                   (0.02)
        

</TABLE>
[LETTERHEAD OF PARTNERS FIRST] 
  
                       ANNUAL SERVICER'S CERTIFICATE 
  
                        PARTNERS FIRST HOLDINGS, LLC 
                                       
                  PARTNERS FIRST CREDIT CARD MASTER TRUST 

  
           The undersigned, a duly authorized representative of Partners
 First Holdings, LLC, as Servicer ("Holdings"), pursuant to the Amended and
 Restated Pooling and Servicing Agreement dated as of June 26, 1998 (as
 amended and supplemented, the "Agreement"), among Partners First
 Receivables Funding, LLC, as Transferor, Holdings, as Servicer, and The
 Bank of New York, as Trustee, does hereby certify that: 
  
 1.   Holdings is, as of the date hereof, the Servicer under the Agreement. 
      Capitalized terms used in this Certificate have their respective
      meanings as set forth in the Agreement. 
  
 2.   The undersigned is a Servicing Officer who is duly authorized pursuant
      to the Agreement to execute and deliver this Certificate to the
      Trustee. 
  
 3.   A review of the activities of the Servicer during the year ended
      December 31, 1998, and of its performance under the Agreement was
      conducted under my supervision. 
  
 4.   Based on such review, the Servicer has, to the best of my knowledge,
      performed in all material respects its obligations under the Agreement
      throughout such year and no default in the performance of such
      obligations has occurred or is continuing except as set forth in
      paragraph 5 below. 
  
 5.   The following is a description of each default in the performance of
      the Servicer's obligations under the provisions of the Agreement known
      to me to have been made by the Servicer during the year ended December
      31, 1998 which sets forth in detail (i) the nature of each such
      default, (ii) the action taken by the Servicer, if any, to remedy each
      such default and (iii) the current status of each such default: None. 
  
           IN WITNESS WHEREOF, the undersigned has duly executed this
 Certificate this 30th day of March, 1999. 
  
                               PARTNERS FIRST HOLDINGS, LLC 
                                   Servicer 

  
                               By: /s/ Mark Norwicz 
                                   -------------------------
                                  Name:  Mark Norwicz 
                                  Title: Treasurer