alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment to the 2007 Incentive Award Plan



 Exhibit 10.2 
 AMENDMENT TO THE 
 PEPLIN, INC. 2007 INCENTIVE AWARD PLAN 
 This Amendment (this “Amendment”) to the Peplin, Inc. 2007 Incentive Award Plan (the “2007 Plan”) was adopted by
Peplin, Inc., a Delaware corporation (the “Company”), on October 5, 2008. 
 RECITALS 
 A. The Board of Directors of the Company deemed it advisable to amend the 2007 Plan. 
 B. Pursuant to Section 11.2 of the 2007 Plan, the Board of Directors of the Company has the authority to amend the 2007 Plan, subject to certain
limitations. 
 AMENDMENT 
 1. Subject to stockholder approval, Section 2.1(a) of the 2007 Plan is amended in its entirety to read as follows: 
 “(a)
Subject to Section 11.3 and Section 2.1(b), the aggregate number of shares of Common Stock that may be issued or transferred pursuant to Awards under the Plan shall be equal to two million five hundred thousand
(2,500,000) shares.” 
 2. Capitalized terms used in this Amendment without definition shall have the respective meanings ascribed
thereto in the 2007 Plan. 
 3. Except as otherwise expressly set forth in this Amendment, the 2007 Plan remains in full force and effect in
accordance with its terms. 
 4. This Amendment shall be governed by, interpreted under, and construed and enforced in accordance with the
internal laws, and not the laws relating to conflicts or choice of laws, of the State of Delaware applicable to agreements made and to be performed wholly within the State of Delaware. 
 I hereby certify that this Amendment was duly adopted by the Board of Directors of Peplin, Inc. on October 5, 2008. 
 Executed this 25th day of November, 2008. 
  

			
	PEPLIN, INC.
	
	/s/ Thomas Wiggans
	Thomas Wiggans
	Chief Executive Officer
(55 Misc. Rep. 468.)

#### WHITEFIELD v. CRISSMAN et al.

(Supreme Court, Special Term, New York County.

July, 1907.)

Perpetuities—Testamentary Trust—Validity.

Testator by his will created a trust, to endure for the minorities of his four children. *Held*in violation of the rule against perpetuities, and not to be saved by a power of sale, which would not terminate the trust, when exercised; the period of distribution being otherwise fixed.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 39, Perpetuities, §§ 45-56.]

Action by Mary L. Whitefield, executor, against Mary W. Crissman and others, to construe a will. Judgment rendered.

Robert A. B. Dayton, for plaintiff.

James A. Speer, for defendant Crissman.

. William Klein, guardian ad litem, for infant defendants.

*631BISCHOEE, J.

The trust to endure for the minorities of the testator’s four children cannot be upheld. Its duration, if not taken to be measured by years, is measured by four lives in being, and, within the authorities, such a direction offends the rule against perpetuities. Hawley v. James, 16 Wend. 61; Ahern v. Ahern, 52 App. Div. 356, 65 N. Y. Supp. 81. This provision cannot be construed as intending a trust to be measured by the life of the youngest child; within his minority (Becker v. Becker, 13 App. Div. 342, 43 N. Y. Supp. 17), since a contrary intention—the continuation of the trust as to the survivors, notwithstanding the earlier death of one—is made manifest by the words employed. Under the circumstances, the inference of an intention to make a valid disposal of his property cannot be invoked to override the plain meaning of the testator’s chosen words. Ahern v. Ahern, supra.

Nor does the power of sale save the trust. This power, when exercised, was not to terminate the trust, according to the obvious intention expressed; for the period of distribution was otherwise fixed, and the proceeds of sale were necessarily to be held upon the same trust. It is the period within which the power of alienation is suspended, as to the persons ultimately entitled to possession, not as to the trustees, which is the measure for the purposes of such a case. Haynes v. Sherman, 117 N. Y. 433, 22 N. E. 938; Allen v. Allen, 149 N. Y. 280, 43 N. E. 626.

Form of decision and judgment may be presented on notice of settlement. Judgment accordingly.
Exhibit 21.1

SUBSIDIARIES OF MEDICSIGHT, INC.

|Name of Subsidiary                  |  | Jurisdiction of Organization
|----------------------------------- |  | ----------------------------
|Medicsight Nominees Limited         |  | England and Wales           
|Medicsight PLC                      |  | England and Wales           
|Lifesyne (UK) Limited               |  | England and Wales           
|Medicsight Asset Management Limited |  | England and Wales           
|Medicsight International limited    |  | Gibraltar                   
|Medicsight Finance Limited          |  | England and Wales           
|Medicsight Singapore Pte Limited    |  | Singapore                   
|HTTP Tech, Inc.                     |  | New York                    
|Medical Vision Systems, Inc.        |  | Delaware                    

---

QuickLinks
Filed 1/31/06 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2006 ND 5

State of North Dakota, Plaintiff and Appellee

v.

Leo Dean Burgard, Defendant and Appellant

No. 20050113

Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Douglas L. Mattson, Judge.

AFFIRMED.

Per Curiam.  

Timothy C. Wilhelm, Assistant State’s Attorney, P.O. Box 5005, Minot, ND 58702-5005, for plaintiff and appellee.  Submitted on brief.

Richard L. Hagar, P.O. Box 687, Minot, ND 58702-0687, for defendant and appellant.

State v. Burgard

No. 20050113

Per Curiam.

[¶1]Leo Burgard appealed from a criminal judgment for the felony offense of unlawful possession of drug related paraphernalia.  A criminal judgment was entered against Burgard after a jury found him guilty of the offense.  Burgard claims there was insufficient evidence to support the verdict and the court abused its discretion by denying Burgard’s motion to continue his jury trial.  The trial court’s judgment is supported by substantial evidence and the trial court did not abuse its discretion.  We summarily affirm under N.D.R.App.P. 35.1(a)(3) and (4).

[¶2]Gerald W. VandeWalle, C.J.

Carol Ronning Kapsner

Mary Muehlen Maring

Daniel J. Crothers

Dale V. Sandstrom
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#### In the Matter of Dawn Rabidou, Appellant, v County of Dutchess, Respondent.

[942 NYS2d 365]

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the Dutchess County Department of Social Services, dated October 20, 2010, which adopted the finding and recommendation of a hearing officer dated October 19, 2010, made after a hearing, finding the petitioner guilty of a certain charge of misconduct, and terminated the petitioner’s employment.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The review of administrative determinations in employee disciplinary cases made after a hearing under Civil Service Law § 75 is limited to a consideration of whether the determination was supported by substantial evidence *(see*CPLR 7803 [4]; *300 Gramatan Ave. Assoc. v State Div. of Human Rights,*45 NY2d 176 [1978]; *Matter of Smith v Carter,*61 AD3d 982 [2009]). Here, there is substantial evidence in the record to support the determination that the petitioner was guilty of misconduct *(see Matter of Paul v Israel,*90 AD3d 666, 666 [2011]; *Matter of Gill v Lauro,*84 AD3d 958, 959 [2011]; *Matter of Cheeseboro v Board of Educ. of Port Chester-Rye Union Free School Dist.,*82 AD3d 760, 760-761 [2011]). Furthermore, the penalty of termination was not so disproportionate to the offense as to be shocking to one’s sense of fairness, thus constituting an abuse of discretion as a matter of law *(see Matter of Ellis v Mahon,*11 NY3d 754 [2008]; *Matter of Torrance v Stout,*9 NY3d 1022, 1023 [2008]; *Matter of Rutkunas v Stout,*8 NY3d 897, 899 [2007]; *Matter of Waldren v Town of Islip,*6 NY3d 735, 736 [2005]; *Matter of Cheeseboro v Board of Educ. of Port Chester-Rye Union Free School Dist.,*82 AD3d at 760-761; *Matter of Thomas v County of Rockland, Dept. of Hosps.,*55 AD3d 745, 745-746 [2008]). Accordingly, we confirm the determination of the Commissioner of the Dutchess County Department of Social Services, deny the petition, and dismiss the proceeding on the merits. Skelos, J.P., Belen, Lott and Miller, JJ., concur.
#### In the Matter of the State of New York, Appellant, v Richard Lester, Respondent.

[942 NYS2d 855]

Appeal from an amended order of the Supreme Court, Wayne County (Thomas M. Van Strydonck, J.), entered September 28, 2010 in a proceeding pursuant to Mental Hygiene Law article 10. The amended order directed the release of respondent from custody.

It is hereby ordered that the amended order so appealed from is unanimously reversed on the law without costs and a new trial is granted.

Memorandum: Petitioner appeals from an amended order pursuant to Mental Hygiene Law article 10 releasing respondent from custody upon a jury verdict in his favor on the issue of whether certain kidnappings he attempted to commit in 1984 (1984 attempted kidnappings) were “sexually motivated” *(see*Mental Hygiene Law § 10.03 [f], [g] [4]; [p] [4]). Petitioner contends that Supreme Court erred in refusing to instruct the jury that it could consider evidence of kidnappings committed by respondent in 1980 on the issue of respondent’s motive and intent with respect to the 1984 attempted kidnappings. We agree.

Inasmuch as petitioner’s burden in the proceeding was to establish by clear and convincing evidence that the 1984 attempted kidnappings were “sexually motivated” *(see*Mental Hygiene Law § 10.03 [s]; § 10.07 [c], [d]), we conclude that the court should have instructed the jury that it could consider the evidence of the 1980 kidnappings on the issue of respondent’s intent in committing the 1984 attempted kidnappings and whether those crimes were “sexually motivated” *(see Matter of State of New York v Shawn X.,*69 AD3d 165, 172 [2009], *lv denied*14 NY3d 702 [2010]). We therefore reverse the amended order and grant a new trial. Present — Scudder, EJ., Smith, Garni and Sconiers, JJ.
EXHIBIT
      10.2

     

    WAIVER

     

    In
      consideration for the benefits I will receive as a result of my employer’s
      participation in the United States Department of the Treasury’s TARP Capital
      Purchase Program, I hereby voluntarily waive any claim against the United States
      or my employer for any changes to my compensation or benefits that are required
      to comply with the regulation issued by the Department of the Treasury as
      published in the Federal Register on October 20, 2008. 

     

    I
      acknowledge that this regulation may require modification of the compensation,
      bonus, incentive and other benefit plans, arrangements, policies and agreements
      (including so-called “golden parachute” agreements) that I have with my employer
      or in which I participate as they relate to the period the United States holds
      any equity or debt securities of my employer acquired through the TARP Capital
      Purchase Program. 

     

    This
      waiver includes all claims I may have under the laws of the United States or
      any
      state related to the requirements imposed by the aforementioned regulation,
      including without limitation a claim for any compensation or other payments
      I
      would otherwise receive, any challenge to the process by which this regulation
      was adopted and any tort or constitutional claim about the effect of these
      regulations on my employment relationship.

     

    


     

    
      	
              Dated:
                __________________

            	
              ______________________
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<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
 THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE HAGLER
   BAILLY, INC. UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS FOR THE SIX MONTHS
    ENDED JUNE 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
                              FINANCIAL STATEMENTS
</LEGEND>

       
<S>                             <C>
<PERIOD-TYPE>                                  6-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   JUN-30-1997
<CASH>                                         8,384,678
<SECURITIES>                                   0
<RECEIVABLES>                                  46,119,368
<ALLOWANCES>                                   2,542,618
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<EPS-PRIMARY>                                  0.35
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</TABLE>
<TABLE> <S> <C>


<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FORM
10-QSB FOR THE QUARTERLY PERIOD ENDING JUNE 30, 1998 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH 10-QSB
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           5,976
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