alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exhibit10_1.htm


    Exhibit
10.1

    


    AMENDMENT
TO MAXXAM INC. REVISED

    CAPITAL
ACCUMULATION PLAN OF 1988

    


    


    WHEREAS,
the Compensation Policy Committee (the “Committee”) of the
Board of Directors of MAXXAM Inc. (the “Company”) has,
pursuant to the MAXXAM Inc. Revised Capital Accumulation Plan of 1988 (As
Amended and Restated 2006) (the “Plan”) been appointed
as the administrative committee for the Plan; and

    


    WHEREAS,
the Committee has approved certain amendments to the Plan and authorized and
directed the officers of the Company to document and effectuate such
amendments;

    


    NOW,
THEREFORE, the Plan is hereby amended as indicated below:

    


    
      	
              1.

            	
              Section
      2.3(a) of the Plan is hereby amended to add the following as the third
      sentence of such Section 2.3:  “For each calendar year beginning
      on or after January 1, 2009, a credit shall be entered on the records of
      the Company or a Participating Company for each participant equal to 4% of
      the participant’s Compensation paid during that
  year.”

            


    

    


    
      	
              2.

            	
              Section
      3.1 of the Plan is hereby amended by deleting the existing item b) and
      substituting in its place the following:  “b) December 31, 2008,
      and every fifth (5th)
      December 31st”
      thereafter (December 31, 2013, et.
seq).”

            


    

    


    
      	
              3.

            	
              The
      first sentence of Section 3.2 (a) of the Plan is hereby amended by
      deleting the phrase “subsequent ten (10) year” and substituting the phase
      “subsequent five (5) year” in its
place.

            


    

    


    
      	
              4.

            	
              The
      first sentence of Section 3.2 (b) of the Plan is hereby amended by
      deleting the phrase “product of 10% multiplied by” and substituting the
      phase “product of 20% multiplied by” in its
  place.

            


    

    


    
      	
              5.

            	
              Section
      3.3 (c) of the Plan is hereby amended by deleting the phrase “subsequent
      ten (10) year” and substituting the phase “subsequent five (5) year” in
      its place.

            


    

    


    
      	
               
      

            	
              IN
      WITNESS WHEREOF, this instrument is executed as the 15th day of December
      2008.

            


    

    


    
      	 
      	
               

              MAXXAM
      Inc.

            
	 
      	 
      	 
      
	 
      	
              /s/ M.
      Emily Madison

            
	 
      	
              M.
      Emily Madison, Vice President, Finance
<PAGE>

                                                                    EXHIBIT 21.1

                     LIST OF SUBSIDIARIES OF THE REGISTRANT

<TABLE>
<CAPTION>
                                               STATE OR OTHER  PERCENT OF VOTING
                                               JURISDICTION OF SECURITIES OWNED
NAME                                            INCORPORATION    BY REGISTRANT
----                                           --------------- -----------------
<S>                                            <C>             <C>
Red Brick Foreign Sales Corporation...........    Barbados            100%
Red Brick Japan Co., Ltd. ....................      Japan             100%
Red Brick Systems Australasia Pty. Ltd. ......    Australia          50.1%
Red Brick Systems (UK) Limited................     England            100%
</TABLE>
exv10w3






Exhibit 10.3




FORM OF 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.
Exhibit 23.2
INDEPENDENT AUDITORS’ CONSENT
We consent to the incorporation by reference in Registration Statement No.333-65364 on Form S-2 and Registration Statement No. 333-42153 on Form S-8 ofCHS Inc. of our report dated June 16, 2003 (which report expresses anunqualified opinion and includes an explanatory paragraph relating to theadoption of Statement of Financial Accounting Standards No. 142, *Goodwill andOther Intangible Assets*in 2002) on the consolidated financial statements ofVentura Foods, LLC and subsidiary, appearing in the Annual Report on Form 10-Kof CHS Inc. for the year ended August 31, 2003.
 
Deloitte & Touche LLP
Los Angeles, California
#### The People of the State of New York, Respondent, v Alonzo Bell, Appellant.

— Judgment, Supreme Court, New York County (Harold Baer, Jr., J.), rendered on May 10, 1984, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal. Concur — Sullivan, J. P., Ross, Asch, Kassal and Ellerin, JJ.
EXHIBIT 99.14

                           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  Premium  Enterprises,  Inc.  (the
"Company") on Form 10-KT for the year ending December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report").  I, Virgil
Baker,  Chief  Financial  Officer of the  company,  certify,  pursuant to 18 USC
Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002, that to the best of my knowledge and belief.

        (1)     The Report fully complies with the requirements of Sction 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 results of
                operations of the Company.


                                                /s/ Vigil Baker
                                                --------------------------------
                                                Vigil Baker, CFO

Dated:  4/15/03
exhibit10_25.htm


     SECOND
AMENDMENT

    TO
THE

     MCINTOSH
STATE BANK

    DIRECTOR
RETIREMENT AGREEMENT

    DATED
DECEMBER 19, 2002

    AND
AMENDED JANUARY 9, 2007

    FOR

     WILLIAM
T. WEBB

    


    


    THIS SECOND AMENDMENT is adopted this
30th
day of November, 2008, by and between MCINTOSH STATE BANK, a state-chartered
commercial bank located in Jackson, Georgia (the “Company”), and WILLIAM T. WEBB
(the “Director”).

    


    The Company and the Director executed
the DIRECTOR RETIREMENT AGREEMENT on December 19, 2002 effective as of January
1, 2003, and executed a First Amendment on January 9, 2007 (the
“Agreement”).

    


    The undersigned hereby amend the
Agreement for the purpose of bringing the Agreement into compliance with Section
409A of the Internal Revenue Code.  Therefore, the following changes
shall be made:

    


    Section 1.1 of the Agreement shall be
deleted in its entirety and replaced by the following:

    


    
      	
              1.1

            	
              “Change
      of Control” means a change in the ownership or effective control of
      the Company or any entity which is the majority shareholder of the
      Company, or in the ownership of a substantial portion of the assets of the
      Company or any entity which is the majority shareholder of the Company, as
      such change is defined in Section 409A of the Code and regulations
      thereunder.

            


    

    


    Sections 2.3, 2.3.1 and 2.3.2 of the
Agreement shall be deleted in their entirety and replaced by the
following:

    


    
      	
              2.3

            	
              Change of Control
      Benefit.  Upon a Change in Control, the Company shall pay
      to the Director the benefit described in this Section 2.3 in lieu of any
      other benefit under this Agreement.

            


    

    


    
      	
              2.3.1

            	
              Amount of
      Benefit.  The annual benefit under this Section 2.3 is
      the Change of Control Annual Benefit set forth in Schedule A for the Plan
      Year ending immediately prior to the date of the Change in Control occurs,
      determined by vesting the Director in the projected Normal Retirement
      Benefit described in Section 2.1.1.

            


    

    


    
      	
              2.3.2

            	
              Payment of
      Benefit.  The Company shall pay the annual benefit amount
      to the Director in twelve (12) equal monthly installments commencing with
      the month following a Change of Control, payable to the Director for a
      period of ten (10) years.

            


    

    


    


    IN WITNESS OF THE ABOVE, the
Company and the Director hereby consent to this Second Amendment.

    


    Director:                                                                           MCINTOSH
STATE BANK

    


    


      /s/  William
T.
Webb                                                   
By /s/  William K.
Malone

    WILLIAM
T.
WEBB                                                  
  Title   Chief Executive
Officer
ANDY CHUNG, 

v. 

PSRB DIRECTOR, 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

Plaintiff, 

Case No. 6:14 CV 00952-TC 

ORDER 

Defendant. 

Magistrate Judge Coffin filed his Findings and Recommendation on July 28, 2014. 

The matter is now before me. See 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b). No 

objections have been timely filed. This relieves me of my obligation to give the factual 

findings de novo review. Lorin Corp. v. Goto & Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 

1982). See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 

Having reviewed the legal principles de novo, I find no error. 

THEREFORE, IT IS HEREBY ORDERED that, I adopt Judge Coffin's Findings and 

Recommendation. 

Dated this __ day of September, 2014. 

Ann Aiken, United States District Judge 

Order -- Page 1 

Case 6:14-cv-00952-TC Document 8 Filed 09/02/14 Page 1 of 1
NUMBER 13-20-00420-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

ANGELIC ROMO, Appellant,

v.

SAMUEL SUAREZ, Appellee.

____________________________________________________________

On appeal from the County Court at Law No. 2

of Nueces County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Perkes

Memorandum Opinion by Justice Longoria

Appellant Angelic Romo attempted to perfect an appeal from an order signed on 

October 7, 2020, granting appellee’s attorney’s motion to withdraw and to substitute 

counsel. Upon review of the documents before the Court, it appeared that the order from 

which this appeal was taken was not a final appealable order. The Clerk of this Court 

notified appellant of this defect so that steps could be taken to correct the defect, if it could 

be done. See TEX. R. APP. P. 37.1, 42.3. Appellant was advised that, if the defect was not 
2

corrected within fifteen days from the date of receipt of this notice, the appeal would be 

dismissed for want of jurisdiction. Appellant failed to respond to the Court’s notice.1

Absent an appealable interlocutory order or final judgment, this Court has no 

jurisdiction over this appeal. See Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex.

2007); Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Northeast Indep. 

Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). The Court, having considered 

the documents on file and appellant’s failure to correct the defect in this matter, is of the 

opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, the 

appeal is DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a),(c).

NORA L. LONGORIA

Justice

Delivered and filed the

10th day of December, 2020.

1 Appellant has subsequently filed a petition for writ of mandamus in this matter under appellate 

cause number 13-20-00440-CV, which remains pending with the Court.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

IMMANUEL CHRISTIAN PRICE, AKA Immanuel C. Price,

Plaintiff

- Appellant,

v.

ALEXANDRU GA LI U, Deputy Sheriff in San Diego ; JOHN DOE, Deputy #2,

Defendants

- Appellees. No. 17

- 56948

D.C. No. 3:16

- cv

- 00412

- BEN

- PCL

MEMORANDUM *

Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding

Submitted May 15, 2018 **

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

California state prisoner Immanuel Christian Price, AKA Immanuel C.

Price, appeals pro se from the district court’s judgment dismissing his 42 U.S.C.

§ 1983 action alleging constitutional violations arising from his initial booking

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

MAY 23 2018

MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 17

- 56948

process at the San Diego County Jail while he was a pretrial detainee

. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Heck v.

Humphrey , 512 U.S. 477 (1994). Whitaker v. Garcett i , 486 F.3d 572, 579 ( 9th Cir.

2007). We may affirm on any basis supported by the record. Johnson v. Riverside
Healthcare Sys., LP , 534 F.3d 1116, 1121 (9th Cir. 2008). We affirm.

The district court properly dismissed as Heck

- barred Price’s excessive force

claim because succ ess on this claim would necessarily imply the invalidity of his

conviction , and Price failed to allege that his conviction has been invalidated

. See

Heck , 512 U.S. at 48 6

- 8 7 . Contrary to Price’s contentions, his allegations are not

sufficient to show that his excessive force claim is distinct from the incident that
led to his conviction for resisting an officer. See Smith v. City of Hemet , 394 F.3d

689, 699 (9th Cir. 2005) (en banc) ( Heck

- bar does not apply if claim arises from

events that did not occur at the same time and place as the criminal offense)

. Dismissal of Price’s unreasonable search and seizure claim was proper

because Price failed to allege facts sufficient to state a claim under the Fourth

Amendment

. See Fuller v. M.G. Jewelry , 950 F.2d 1437, 1449 (9th Cir. 1991)
(body cavity search permissible where probable cause exists); see also Schmerber

v. California , 384 U.S. 757, 769

- 70 (1966) (exigent circumstances ex ception to

probable cause warrant requirement).

AFFIRMED.
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ANTONIO DOSSIE,

Petitioner,

v.

FLORIDA COMMISSION ON 

OFFENDER REVIEW,

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. 1D14-4798

Opinion filed May 5, 2015.

Petition for Writ of Certiorari -- Original Jurisdiction.

Antonio Dossie, pro se, Petitioner.

Sarah J. Rumph, General Counsel, Florida Commission on Offender Review, 

Tallahassee, for Respondent.

PER CURIAM.

The petition for writ of certiorari is denied on the merits.

BENTON, CLARK, and MAKAR, JJ., CONCUR.