alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.5.B.II






EXHIBIT 10.5(b)(ii)




FIRST AMENDMENT TO TRUST AGREEMENT BETWEEN

FIDELITY MANAGEMENT TRUST COMPANY AND

THE SCOTTS COMPANY




     THIS FIRST AMENDMENT, dated as of the twenty-fourth day of March, 1998, by and between
Fidelity Management Trust Company (the “Trustee”) and The Scotts Company (the “Sponsor”);



WITNESSETH:




     WHEREAS, the Trustee and the Sponsor heretofore entered into a Trust Agreement dated January
1, 1998, with regard to The Scotts Company Nonqualified Deferred Compensation Plan (the “Plan”);
and



     WHEREAS, the Trustee and the Sponsor now desire to amend said Trust Agreement as provided for
in Section 14 thereof;



     NOW THEREFORE, in consideration of the above premises the Trustee and the Sponsor hereby amend
the Trust Agreement by:




	 	(1)	 	Amending the “investment options” section of Schedule “A” to add the following:






	 	-	 	Fidelity Money Market Trust: Retirement Money Market Portfolio






	 	(2)	 	Amending the “money classifications” section of Schedule “A” to add the
following:






	 	-	 	Incentive Deferral





     IN WITNESS WHEREOF, the Trustee and the Sponsor have caused this First Amendment to be
executed by their duly authorized officers effective as of the day and year first above written.



	 	 	 	 	 	 	 	 	 	 	 	 	 
	THE SCOTTS COMPANY	 	 	 	FIDELITY MANAGEMENT TRUST

COMPANY	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Rosemary L. Smith                            3/23/98	 	 	 	By:	 	/s/ Joseph DiBenedetto	 	4/7/08	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 

	 	Date
	 	 	 	 	 	Vice President
	 	Date
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

October 31, 2005 Clifford W. Taylor,

 Chief Justice 

128588 & (45) Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellee, Justices 

v SC: 128588 

 COA: 252596 
 Wayne CC: 03-008511-01 

KEVIN DIONTO-DELANO THOMAS, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the March 24, 2005 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. Defendant’s 

motion to remand is DENIED. 

t1024 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

October 31, 2005 

Clerk
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 22

- 50028 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Reymond Paul Marquez,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Western District of Texas USDC No. 3:20

- CR

- 1478

- 1

Before **Jones, Haynes,**  and **Oldham,** Circuit Judges

**. Per Curiam**  **:** *

The Federal Public Defender appointed to represent Reymond Paul Marquez has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Marquez has not filed a response. We have

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED November 29, 2022

L yle W. Cayce Clerk Case: 22-50028 Document: 00516559674 Page: 1 Date Filed: 11/29/2022No. 22

- 50028

2 reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate re view. Accordingly, counsel’s motion for
leave to withdraw is **GRANTED** , counsel is excused from further responsibilities herein, and the **APPEAL IS DISMISSED**

. See **5th Cir.**
**R.** 42.2

. However, we note that, although Marquez pleaded guilty to an offense
under 21 U.S.C. § 841(a), the written judgment also cites, incorrectly,

21 U.S.C. § 846. Accordingly, we **REMAND** for correction of the clerical error in the written judgment in accordance with Federal Rule of Criminal
Procedure 36. See United States v. Co oper , 979 F.3d 1084, 1088

- 89 (5th Cir. 2020), cert. denied , 141 S. Ct. 1715 (2021). Case: 22-50028 Document: 00516559674 Page: 2 Date Filed: 11/29/2022
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ARS Home Northeast Area Ithaca, New York Robert W. Holley Center for Agriculture & Health Emerging Pests and Pathogens Research People & Locations







Zachariah R Hansen
                        Emerging Pests and Pathogens Research

                        




                        
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                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)
                            ProjectsBiology and Management of Invasive Plant Pathogens Affecting Potato and Soybean
                                                    In-House Appropriated
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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF FIRST INDUSTRIAL, L.P. FOR THE SIX MONTHS ENDED JUNE 30,
1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           7,428
<SECURITIES>                                         0
<RECEIVABLES>                                    3,210
<ALLOWANCES>                                     (300)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                10,338
<PP&E>                                         588,281
<DEPRECIATION>                                (13,601)
<TOTAL-ASSETS>                               1,212,600
<CURRENT-LIABILITIES>                           40,890
<BONDS>                                        453,841
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     717,869
<TOTAL-LIABILITY-AND-EQUITY>                 1,212,600
<SALES>                                              0
<TOTAL-REVENUES>                                40,278
<CGS>                                                0
<TOTAL-COSTS>                                 (12,183)
<OTHER-EXPENSES>                               (8,893)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (9,107)
<INCOME-PRETAX>                                 22,623
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             22,623
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (3,428)
<CHANGES>                                            0
<NET-INCOME>                                    19,195
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED BALANCE SHEETS AND CONDENSED STATEMENTS OF OPERATIONS CONTAINED
IN THE COMPANY'S QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED
MARCH 31, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIALS STATEMENTS AND THE NOTES THERETO.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          86,296
<SECURITIES>                                         0
<RECEIVABLES>                                    6,344
<ALLOWANCES>                                         0
<INVENTORY>                                     26,330
<CURRENT-ASSETS>                               131,417
<PP&E>                                           5,903
<DEPRECIATION>                                     633
<TOTAL-ASSETS>                                 137,320
<CURRENT-LIABILITIES>                           47,491
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         35
<COMMON>                                            70
<OTHER-SE>                                      89,882
<TOTAL-LIABILITY-AND-EQUITY>                   137,320
<SALES>                                              0
<TOTAL-REVENUES>                                 9,001
<CGS>                                                0
<TOTAL-COSTS>                                   12,670
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (2,375)
<INCOME-TAX>                                       100
<INCOME-CONTINUING>                            (2,475)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,475)
<EPS-BASIC>                                      (.36)
<EPS-DILUTED>                                    (.36)


</TABLE>
S T A T E O F M I C H I G A N

S U P R E M E C O U R T

144072(75)

ITALO PARISI,

Plaintiff

- Appellant,

v

DETROIT ENTERTAINMENT, LLC

Defendant

- Appellee

.

________________________________

STATEMENTS REGARDING RULING ON MOTION FOR DISQUALIFICATION

DECEMBER 21, 2011

Y OUNG , C.J. I deny plaintiff’s motion seeking my disqualification. Plaintiff’s only basis for seeking my disqualification is an alleged donation of $1,000 made more than eleven years ago by the daughter of defendant’s owner to the Michigan Republican Party and an alleged subsequent loan by the Michigan Republican Party to my Supreme Court campaign in 2000. Even if true, these allegations are insufficient to give rise to an appearance of improprie ty. Plaintiff does not claim that I am actually biased for or against either party in this matter. Because I am not biased for or against either party in this matter, I deny plaintiff’s motion seeking my disqualification.

M ARKMAN , J. I deny plaintiff’s motion seeking my disqualification. Plaintiff’s basis for seeking my disqualification is an unlawful donation of $1000 made by a relative of defendant casino’s owner to a political committee, which later provided a loan to my judicial campaign in 2000. H ad this $1000 donation been made directly to my campaign, it would have been within the limits established by Michigan law, and “[s]uch limits must2 be understood as clearly reflecting the Legislature’s, and the people’s, understanding that

contributions in these amounts will not supply a basis for disqualification.” Adair v State

, 474 Mich 1027, 1042 (2006). Each Justice of this Court has received campaign loans or contributions from political committees, and it is unreasonable to expect that a recip i ent of such a loan or contribution is in a position to monitor the hundreds or even thousands of individual contributors to such committees. Moreover, because I am not actually biased for or against either party in this matter, I deny plaintiff’s motion seeki ng my disqualification.
|   | 1. | The      Annual 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 Quarterly Report fairly presents, in all      material respects, the financial condition and results of operations of      the Company. |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |    /s/  Granger      Cobb |
|--------|----------------------------------------------------|
|   |  Granger      Cobb                            |
|   | Co-Chief      Executive Officer                    |
|   | March      17, 2008                                |
#### Susan Silvis, Appellant, v City of New York et al., Respondents.

[946 NYS2d 22]—

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered April 13, 2011, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff’s action for alleged discrimination was properly dismissed since none of the employment actions complained of by plaintiff was an adverse employment action *(see Messinger v Girl Scouts of U.S.A.,*16 AD3d 314, 314-315 [2005]). Plaintiffs transfer from the position of literacy coach to a classroom teacher was “merely an alteration of her responsibilities,” and not an adverse employment action. Apart from a change in the nature of her duties, plaintiff “retained the terms and conditions of her employment, and her salary remained the same” *(Matter of Block v Gatling,*84 AD3d 445, 445 [2011], *lv denied*17 NY3d 709 [2011]). Plaintiff’s contention that she was discriminated against based on evidence that, after her transfer back to the classroom teaching position, she was subjected to a relentless stream of reprimands is not sufficient to establish a prima facie case of discrimination. Notwithstanding the frequent reprimands, she received a satisfactory end-of-year performance rating, and none of the reprimands resulted in any reduction in pay or privileges *{id.).*Nor can plaintiff establish a claim of discrimination based on a failure to reasonably accommodate her disabling condition. Plaintiff concedes that defendants provided her with a “satisfactory” accommodation, in the form of moving her classroom from the fourth to the second floor, with “no escort duty.”

Plaintiff has similarly failed to show that her “workplace was ‘permeated with “discriminatory intimidation, ridicule and insult” that [was] “sufficiently severe or pervasive to alter the [terms or] conditions of ’ ’ ” employment, so as to make out a claim for hostile work environment *(Ferrer v New York State Div. of Human Rights,*82 AD3d 431 [2011], quoting *Harris v Forklift Systems, Inc.,*510 US 17, 21 [1993]). Plaintiff complained of only a single potentially derogatory remark related to her age and did not complain of any remarks regarding her disability *{Ferrer,*82 AD3d 431). Concur — Mazzarelli, J.P., Freedman, Catterson, Richter and Manzanet-Daniels, JJ.
•f3/-/5'

Y3WSCCA # 13-13-00544-CR OFFENSE: Habeas Corpus VM-/S

STYLE: Ex Parte Markus Antonius Green v. COUNTY: De Witt

TRIAL COURT: 24th District Court MOTION

TRIAL COURT #: 90-1-7951 & 90-1-7951- FOR REHEARING IS:

A DATE: March 12, 2015

TRIAL COURT JUDGE: Hon. Kemper Stephen JUDGE: Chief Justice Vald ez

Williams

DISPOSITION: Affirmed

DATE:

JUSTICE: PC S

PUBLISH: DNP:

CLK RECORD: X SUPP CLK RECORD X

RPT RECORD: X SUPPRPTRECORD X

STATE BR: SUPPBR

APPBR: PROSE BR X

IN THE COURT OF CRIMINAL APPEALS

V3JW5-

V33-AT

PRO SB Petition

FOR DISCRETIONARY REVIEW IN CCA IS:

DATE

JUDGE

CCA IS:.

JUDGE:

MOTION FOR REHEARING IN

ON

CCA#

Disposition:

DATE:

JUDGE:

SIGNED:

PUBLISH:

PC:

DNP:

MOTION FOR STAY OF MANDATE IS:

ON

JUDGE:
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Alemu  Mengistu    Research Plant Pathologist Crop Genetics Research Unit 605 Airways Blvd Jackson, TN 38301 Office: 731.425.4745 Fax:731.425.4760


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March 14, 2013

JUDGMENT

The Fourteenth Court of Appeals

ANNETTE GRUBICH, Appellant

NO. 14-13-00130-CV V.

DOW CORNING CORPORATION, Appellee

________________________________

Today the Court heard appellant's motion to dismiss the appeal from the 

order signed by the court below on January 29, 2013. Having considered the 

motion and found it meritorious, we order the appeal DISMISSED.

We further order that all costs incurred by reason of this appeal be paid by 

appellant, Annette Grubich.

We further order that mandate be issued immediately.

We further order this decision certified below for observance.
EXHIBIT 10


EXHIBIT 10.66  




Description of Oral Extension-J. Parliament Promissory Note




Summary of Terms of the Orally Agreed upon Extension to following Simple Promissory Note (with corresponding exhibit number of original note) under which Registrant is the Borrower. No periodic payments are required and principal and interest are due on the extended due date.







	Original

	 
	 
	 
	 
	 
	 

	Note

	 
	 
	Original

	Oral

	 
	Annual


	Exhibit

	 
	Loan

	Due

	Extension

	 
	%


	Number

	Lender

	Date

	Date

	Date

	Principal

	Rate


	 
	 
	 
	 
	 
	 
	 

	10.35

	J. Parliament

	09/13/2008

	10/31/2008

	12/31/2008

	$14,842.22

	10%