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

Exhibit 10.1


AMENDMENT TO OUTSTANDING LONG-TERM INCENTIVE PERFORMANCE AND PERFORMANCE STOCK UNIT AWARD AGREEMENTS UNDER THE


LOCKHEED MARTIN CORPORATION 2011 INCENTIVE PERFORMANCE AWARD PLAN AND 
LOCKHEED MARTIN CORPORATION 2020 INCENTIVE PERFORMANCE AWARD PLAN


The Management Development and Compensation Committee (the “Committee”) of the Board of Directors of Lockheed Martin Corporation (the “Corporation”), as administrator of the Lockheed Martin Corporation 2011 Incentive Performance Award Plan, as amended (“2011 Plan”), and the Lockheed Martin Corporation 2020 Incentive Performance Award Plan (“2020 Plan” and, together with the 2011 Plan, the “Plans”), approved clarifying amendments to the terms of the outstanding, unvested long-term incentive performance awards and performance stock unit awards granted to employees under the Plans as set forth in the table below (each, an “Affected Agreement”). Effective as of June 24, 2021, each of the Affected Agreements shall be amended as provided for herein (this Amendment, the “Amendment”). 


 						
	Affected Agreement
	Applicable Plan

	Long-Term Incentive Performance Award Agreement for the 2020 – 2022 Performance Period
	2011 Plan

	Performance Stock Unit Award Agreement for the 2020 – 2022 Performance Period
	2011 Plan

	Long-Term Incentive Performance Award Agreement for the 2020 – 2022 Performance Period
	2020 Plan

	Performance Stock Unit Award Agreement for the 2020 – 2022 Performance Period
	2020 Plan

	Long-Term Incentive Performance Award Agreement for the 2021 – 2023 Performance Period
	2020 Plan

	Performance Stock Unit Award Agreement for the 2021 – 2023 Performance Period
	2020 Plan





Capitalized terms used in this Amendment are defined in the 2011 Plan or 2020 Plan, as applicable, or the Affected Agreements.


1.         ROIC Definition. The following is added to the end of Section 4.1(a) of each of the Affected Agreements:


In addition, net income and equity will be adjusted to neutralize pension-related impacts to the Corporation’s     
Long Range Plan as in effect on the Award Date resulting solely from the Corporation’s implementation of the 
American Rescue Plan Act of 2021.


2.         In all other respects, the Affected Agreements will remain unchanged.


3.         This Amendment is subject to the terms of the applicable Plan, and the applicable Plan is hereby incorporated by reference.
EXHIBIT 31.1


                         CERTIFICATION PURSUANT TO
                           18 U.S.C. SECTION 1350
                           AS ADOPTED PURSUANT TO
                SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002


I, Yin Sen Wang, certify that:

1.   have reviewed this Annual Report on Form 10-KSB of Weston Technologies
Corp. for the year ended December 31, 2004;

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 officers 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; and

      (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 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 officers and I have disclosed, based
on our most recent evaluation, to the registrant's auditors and the audit
committee of 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: March 13, 2005


By:/s/ Yin Sen Wong
---------------------------
 Yin Sen Wong, CEO
(principal executive officer)
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UN PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22

- 2172

HE CHENG
,
Petitioner
,

v.
MERRICK B. GARLAND, Attorney General
, Respondent

.

On Petition for Review of a n Order of the Board of Immigration Appeals

.

Submitted : May 19, 2023 Decided: June 16, 2023

Before WYNN and QUATTLEBAUM , Circuit Judges , and FLOYD, Senior Circuit Judge.

Petition denied by un published per curiam opinion

.

ON BRIEF: Ou Jia, JIA LAW GROUP, P.C. , New York, New York, for Petitioner. Brian M. Boynton, Principal Deputy Assistant Attorney General , Linda S. Wernery, Assistant Director , Thankful T. Vanderstar, Senior Trial Attorney
, Office of Immigrati on Litigation, UNITED STATES DEPARTMENT OF JUSTICE , Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-2172 Doc: 22 Filed: 06/16/2023 Pg: 1 of 22 PER CURIAM:
He Cheng , a native and citizen of the People’s Republic of China , petitions for

review of a n order of the Board of Immigration Appeals (Board) denying his motion to
reopen. We have reviewed the administrative record and Cheng ’s claims and conclude that

the Board did not abuse its discretion in denying reopening. Onyeme v. INS , 146 F.3d 227,
234 (4th Cir. 1998) (citing INS v. Abudu , 485 U.S. 94, 104

- 05 (1988)); see Prasad v.

Holder , 776 F.3d 222, 228 (4th Cir. 2015) (reaffirming that the Board may deny a motion
to reopen “solely on the ground that [the noncitizen ] has not estab lished prima facie
eligibility for” the relief s ought ). Regarding Cheng’s challenge to the Board ’s denial of
his request for sua sponte reopening, see 8 C.F.R. § 1003.2( a ) (202 3 ), we lack jurisdiction

to review that decision, see Lawrence v. Lynch , 826 F. 3d 198, 206

- 07 (4th Cir. 2016).
Accordingly, we deny the petition for review. See In re Cheng (B.I.A. Oct. 28
, 2022). We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.

PETITION DENIED USCA4 Appeal: 22-2172 Doc: 22 Filed: 06/16/2023 Pg: 2 of 2
# C_2019139EN.01006102.xml

| 15.4.2019 | EN | Official Journal of the European Union | C 139/61 |
| --- | --- | --- | --- |

15.4.2019

EN

Official Journal of the European Union

C 139/61

---

Action brought on 31 January 2019 — Makhlouf v Council

(Case T-57/19)

(2019/C 139/64)

Language of the case: French

Parties

Applicant: Rami Makhlouf (Damascus, Syria) (represented by: E. Ruchat, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the General Court should:

| — | Declare the applicant’s action admissible and well founded; |
| --- | --- |

—

Declare the applicant’s action admissible and well founded;

| — | Accordingly, order the European Union to pay compensation in respect of all of the harm suffered by the applicant, in the amount determined, in equity, by the General Court; |
| --- | --- |

—

Accordingly, order the European Union to pay compensation in respect of all of the harm suffered by the applicant, in the amount determined, in equity, by the General Court;

| — | Order the Council of the European Union to pay the costs of the proceedings. |
| --- | --- |

—

Order the Council of the European Union to pay the costs of the proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on one main plea in law and a plea in the alternative, alleging harm suffered by the applicant for which liability rests with the Council of the European Union.

The main plea alleges that the disputed restrictive measures, namely Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria and its subsequent implementing acts, are unlawful. First, it is claimed that those measures infringe the obligation to state reasons as provided in Article 296 TFEU and Article 41 of the Charter of Fundamental Freedoms of the European Union; and, second, that they infringe the applicant’s right to property and his right to respect for his reputation. It is claimed that that infringement has directly caused significant non-material and material harm to the applicant consisting, respectively, in (i) damage to his reputation and (ii) breach of contract, loss of equipment and loss of revenue, in respect of which he is entitled to compensation.

The plea in the alternative alleges the existence of a system of strict liability under EU law.

---
# Official Journal L 226/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 226 |
| | |
| English edition | Legislation | Volume 5123 August 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 226

English edition

Legislation

Volume 5123 August 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (1) | 1 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

*

Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (1)

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          92,625
<SECURITIES>                                         0
<RECEIVABLES>                                  183,203
<ALLOWANCES>                                     5,074
<INVENTORY>                                          0
<CURRENT-ASSETS>                               298,659
<PP&E>                                          53,526
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 971,809
<CURRENT-LIABILITIES>                          114,956
<BONDS>                                        209,193
<PREFERRED-MANDATORY>                              346
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     457,809
<TOTAL-LIABILITY-AND-EQUITY>                   971,809
<SALES>                                              0
<TOTAL-REVENUES>                               576,997
<CGS>                                                0
<TOTAL-COSTS>                                  340,973
<OTHER-EXPENSES>                               200,341
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              19,635
<INCOME-PRETAX>                                 17,136
<INCOME-TAX>                                     6,952
<INCOME-CONTINUING>                             10,184
<DISCONTINUED>                                  22,379
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    32,563
<EPS-BASIC>                                       0.96
<EPS-DILUTED>                                     0.96


</TABLE>
Exhibit 32.1

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

I, Carl F. Fahrenkrug, Chief Executive Officer of Microwave Filter Company,
Inc. (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that:

(1) the quarterly Report on Form 10-Q of the Company for the period ended June
30, 2009 (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

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

Dated: August 12, 2009                      /s/ Carl F. Fahrenkrug
                                                Carl F. Fahrenkrug
                                                Chief Executive Officer

<PAGE>
                                                                    Exhibit 32.2

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

I, Richard L. Jones, Chief Financial Officer of Microwave Filter Company, Inc.
(the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350, that:

(1) the quarterly Report on Form 10-Q of the Company for the period ended June
30, 2009 (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

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

Dated: August 12, 2009                      /s/ Richard L. Jones
                                                Richard L. Jones
                                                Chief Financial Officer
# C_2020010EN.01005702.xml

| 13.1.2020 | EN | Official Journal of the European Union | C 10/57 |
| --- | --- | --- | --- |

13.1.2020

EN

Official Journal of the European Union

C 10/57

---

Order of the General Court of 5 November 2019 — CF v Parliament

(Case T-361/19) (1)

(2020/C 10/68)

Language of the case: French

The President of the Fifth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 263, 5.8.2019.

---
Exhibit 32.2



Visual Networks, Inc.



Written Statement of Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



The undersigned, the Chief Financial Officer of Visual Networks, Inc. (the Company), hereby certifies that, to his knowledge, on the date hereof:



(a) the Report on Form 10-K of the Company for the year ended December 31,
2004 filed on the date hereof with the Securities and Exchange Commission (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



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



|                                                                                      
|--------------------------------------------------------------------------------------
|/s/ Donald E. Clarke                                                                  
|Donald E. Clarke Executive Vice President and Chief Financial Officer October 17, 2005



A signed original of this written
statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to
Visual Networks, Inc. and will be retained by Visual Networks, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



52
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

I, Scott
Sullinger, 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 NeoMagic Corporation on Form 10-Q for the quarterly period ended October 29,
2006 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 Quarterly Report fairly presents in all material respects the financial condition and results of
operations of NeoMagic Corporation.

Date: November 27, 2006



By:

/s/ Scott SullingerName:

Scott SullingerTitle:

Chief Financial Officer
**UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA** 

**______________________________ )**  **JESSICA RUBIO, ) )**  **Plaintiff, ) )**  **v. ) Civil Action No. 10-262 (RWR) )**  **DISTRICT OF COLUMBIA, et al**  **., ) )**  **Defendants. ) ______________________________)** 

**MEMORANDUM ORDER** Plaintiff Jessica Rubio filed a two-count complaint under 42 U.S.C. § 1983 against the District of Columbia and Corrections Corporation of America (“CCA”), for purported violations of her constitutional rights that occurred while Rubio was incarcerated on separate occasions in 2008 and 2009. (Compl. ¶ 6.) On March 16, 2010, CCA moved under Federal Rule of Civil Procedure 12(b)(6) to dismiss Count II of the complaint as it applied to CCA. Rubio filed no opposition. Instead, on March 23, 2010, Rubio filed a motion for leave to file an amended complaint that adds one count of false imprisonment. The District of Columbia filed no opposition to Rubio’s motion. However, CCA opposed Rubio’s motion, arguing that Rubio’s motion was untimely, and that the proposed new count would be futile because CCA could not be held liable under that count. Count III of Rubio’s amended complaint does not name CCA and seeks to hold liable only the District of Columbia. Moreover,-2- Rubio was entitled to amend her complaint as a matter of course within 21 days after CCA filed its motion to dismiss. Fed. R. Civ. P. 15(a)(1)(B). Thus, Rubio’s motion was neither untimely nor even necessary, and will be granted. Count II of the amended complaint is identical to Count II of the original complaint, and CCA’s motion to dismiss will be treated as one to dismiss Count II of the amended complaint. Since Rubio filed no opposition, CCA’s motion will be deemed conceded, and will be granted. See Local Civil Rule 7(b); Fox v. Am. Airlines, Inc. , 389 F.3d 1291, 1294-95 (D.C. Cir. 2004) (affirming a district court’s dismissal of a complaint where the plaintiff failed to comply with Local Civil Rule 7(b)); see also Cooper v. Farmers New Century Ins. Co. , 607 F. Supp. 2d 175, 180 (D.D.C. 2009) (granting motion to dismiss as conceded based on the plaintiff’s failure to respond to arguments raised in the motion); Bonaccorsy v. Dist. of Columbia , 685 F. Supp. 2d 18, 24 (D.D.C. 2010) (citing CSX Transp., Inc. v. Commercial Union Ins.,

Co. , 82 F.3d 478, 482-83 (D.C. Cir. 1986) and Felter v. Salazar , 679 F. Supp. 2d 1, 4 n.2 (D.D.C. 2010)). Therefore, it is hereby ORDERED that Rubio’s motion [6] for leave to file an amended complaint be, and hereby is, GRANTED. It is further ORDERED that the Clerk file the amended complaint [#6-1]. It is further-3- ORDERED that CCA’s motion [2] to dismiss Count II as it applies to CCA be, and hereby is, GRANTED. Count II of the amended complaint is dismissed as it applies to CCA. SIGNED this 29th day of November, 2010.

/s/ RICHARD W. ROBERTS United States District Judge
Exhibit 32.2



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



In connection with the Annual Report of Optical Cable Corporation (the Company)
on Form 10-K for the year ended October 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, pursuant to 18 U.S.C. 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 and Exchange Act of 1934; and (2) the information contained in the Report fairly represents, in all material
respects, the financial condition and results of operations of the Company as of October 31, 2004, and for the period then ended.



|                                          
|------------------------------------------
|/s/ Tracy G. Smith                        
|Tracy G. Smith                            
|Vice President and Chief Financial Officer
|January 26, 2005
IN THE SUPREME COURT OF PENNSYLVANIA 

WESTERN DISTRICT 

COMMONWEALTH OF PENNSYLVANIA, 

 Respondent 

 v. 

CHRISTOPHER ALLEN TEVIS, 

 Petitioner 

:

:

:

:

:

:

:

:

:

:

:

No. 436 WAL 2015 

Petition for Allowance of Appeal from 

the Order of the Superior Court 

ORDER 

PER CURIAM 

AND NOW, this 4th day of April, 2016, the Petition for Allowance of Appeal is 

DENIED. 

Justice Donohue and Wecht did not participate in the consideration or decision of 

this matter.