alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                 EXHIBIT 10.2

                 FIRST AMENDMENT TO NEW YORK BAGEL ENTERPRISES, INC.
                                 1996 INCENTIVE PLAN


     THIS FIRST AMENDMENT TO NEW YORK BAGEL ENTERPRISES, INC. 1996 INCENTIVE
PLAN ("Agreement") is made and entered into as of this 21st day of May, 1997, by
New York Bagel Enterprises, Inc., a Kansas corporation, and its subsidiaries
(the "Company").

     W I T N E S S E T H:

     WHEREAS, the Company executed and implemented the New York Bagel
Enterprises, Inc. 1996 Incentive Plan dated as of January 16, 1996 (the "1996
Incentive Plan");

     WHEREAS, the Company desires to amend certain provisions of the 1996
Incentive Plan;

     WHEREAS, on March 13, 1997, the Board of Directors of the Company adopted a
resolution authorizing the amendment of the 1996 Incentive Plan subject to the
approval of the stockholders; and

     WHEREAS, on the date hereof, the stockholders of the Company approved the
amendment of the 1996 Incentive Plan by allocating an additional one hundred
thousand (100,000) common shares to the 1996 Incentive Plan.

     NOW, THEREFORE, in consideration of the premises and mutual covenants
herein contained, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Company, intending to be
legally bound, hereby agrees as follows.

     1.   PARAGRAPH 4 "STOCK SUBJECT TO PLAN."  In Paragraph 4, the amount of
"four hundred thousand (400,000) shares" shall be deleted and in its stead the
amount of "five hundred thousand shares (500,000) shares" shall be inserted.

     IN WITNESS WHEREOF, this Agreement has been duly executed by the Company as
of and on the date first above written.

                                   NEW YORK BAGEL ENTERPRISES, INC.


ATTEST:                            By /s/ ROBERT J. GERESI
                                     -------------------------------------
                                     Robert J. Geresi, Chief Executive Officer


By /s/ JON H. CRAMER
  ------------------------------
  Jon H. Cramer, Secretary
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION DERIVED FROM KIDDIE ACADEMY
INTERNATIONAL, INC.'S UNAUDITED FINANCIAL STATEMENTS FOR THE FORTY WEEKS ENDED
JULY 06, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS AND THE NOTES THERETO.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-28-1997
<PERIOD-START>                             APR-14-1997
<PERIOD-END>                               JUL-06-1997
<CASH>                                              36
<SECURITIES>                                         0
<RECEIVABLES>                                      117
<ALLOWANCES>                                         0
<INVENTORY>                                         86
<CURRENT-ASSETS>                                 1,147
<PP&E>                                             959
<DEPRECIATION>                                     375
<TOTAL-ASSETS>                                   2,057
<CURRENT-LIABILITIES>                            3,817
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            20
<OTHER-SE>                                     (6,734)
<TOTAL-LIABILITY-AND-EQUITY>                     2,057
<SALES>                                          6,163
<TOTAL-REVENUES>                                 6,163
<CGS>                                           13,660
<TOTAL-COSTS>                                   13,660
<OTHER-EXPENSES>                                   146
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   4
<INCOME-PRETAX>                                (7,347)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (7,347)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (7,347)
<EPS-PRIMARY>                                   (3.63)
<EPS-DILUTED>                                   (3.63)
        

</TABLE>
Exhibit 32.1

Informational Addendum to Report on Form 10-Q

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

Not Filed Pursuant to the Securities Exchange Act of 1934

The undersigned Chairman of the Board, President and Chief Executive Officer of OYO Geospace Corporation does hereby certify as follows:

Solely for the purpose of meeting the requirements of Section 906 of the Sarbanes-Oxley Act of 2002, and solely to the extent this certification may
be applicable to this Quarterly Report on Form 10-Q, the undersigned hereby certifies that this Quarterly Report on Form 10-Q fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information
contained in this Quarterly Report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of OYO Geospace Corporation.



/s/ Gary D. OwensName:

Gary D. OwensTitle:

Chairman of the Board, President and Chief Executive OfficerAugust 7, 2009
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                          14,747
<SECURITIES>                                         0
<RECEIVABLES>                                    8,207
<ALLOWANCES>                                     1,589
<INVENTORY>                                     10,800
<CURRENT-ASSETS>                                38,036
<PP&E>                                          11,518
<DEPRECIATION>                                   3,818
<TOTAL-ASSETS>                                  45,875
<CURRENT-LIABILITIES>                           14,314
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           136
<OTHER-SE>                                      31,425
<TOTAL-LIABILITY-AND-EQUITY>                    45,875
<SALES>                                        106,212
<TOTAL-REVENUES>                               106,212
<CGS>                                           67,115
<TOTAL-COSTS>                                   23,343
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   175
<INTEREST-EXPENSE>                               2,697
<INCOME-PRETAX>                                 13,374
<INCOME-TAX>                                     5,149
<INCOME-CONTINUING>                              8,225
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  1,328
<CHANGES>                                            0
<NET-INCOME>                                     6,897
<EPS-PRIMARY>                                      .58
<EPS-DILUTED>                                      .58
        

</TABLE>
#### Daniel Kwa et al., Appellants, v Mark Roberts et al., Respondents.

Submitted March 26, 2007;

decided June 12, 2007

Motion for leave to appeal dismissed upon the ground that simultaneous appeals do not lie to both the Appellate Division and the Court of Appeals *(see Parker v Rogerson,*35 NY2d 751, 753 [1974]).
#### BECKLEY, Respondent, v. NELLIGAR, Appellant.

(Supreme Court, Appellate Division, Third Department.

December 2, 1896.)

Action by Daniel Beckley against James D. Nelligar.

No opinion. Judgment and order affirmed, with costs. All concur.
##### 



Exhibit 32.2

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

In connection with the Quarterly Report of Alkermes Clinical Partners,
L.P. (the Partnership) on Form 10-Q for the period ending June 30, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, James M. Frates, Vice President and Chief Financial Officer of
Alkermes Development Corporation II, General Partner of the Partnership,
certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002,18 U.S.C. § 1350
that:

1.     The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

2.     The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Partnership.

| |  |                                                                                                                                                                         |  | 
| |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- |  | 
| |  | /s/ James M. Frates                                                                                                                                                     |  | 
| |  |                                                                                                                                                                         |  | 
| |  | James M. Frates
Vice President and Chief Financial Officer 
of Alkermes Development
Corporation II, General Partner of
Alkermes Clinical Partners, L.P.
August 13, 2003 |  |
#### In re BARBER’S WILL.

(Supreme Court, Appellate Division, Fourth Department.

April, 1896.)

Proceeding for the probate of the will, etc., of Mary E. Barber, ’deceased.

No opinion. Motion denied. Order settled, marked, and filed with the clerk. Ward, J., dissenting. See 37 N. Y. Supp. 235, and 40 N. Y. Supp. 1139.
#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JESUS RODRIGUEZ, DEFENDANT-APPELLANT.

Argued May 9, 1961

Decided May 23, 1961.

*Mr. Nathaniel Rogovoy*argued the cause for appellant.

*Mr. N. Douglas Russell,*Assistant County Prosecutor, argued the cause for respondent *(Mr. Joseph E. Tuso,*County Prosecutor, attorney).

*152The opinion of the court was delivered

Per Curiam.

This is an appeal from an order denying a motion to vacate a judgment of conviction entered on a plea of *non vult*and to substitute a plea of not guilty.

The indictment was for murder. On August 14, 1951 defendant pled not guilty. On September 7, 1951 he retracted that plea and offered a plea of *non vult*which was accepted. A week later he was sentenced to life imprisonment.

Defendant now claims he did not enter the plea voluntarily and with an understanding of the nature of the charge and that the trial court failed to make adequate inquiry into defendant’s understanding of the plea. The issue turns upon defendant’s present assertion that his knowledge of the English tongue as of 1951 was so meagre that he could not communicate with counsel or understand the questions put to him in open court. The testimony, however, strongly shows that defendant’s understanding of the English language was ample, that he fully comprehended what transpired, and entered the plea of *non vult*voluntarily and with an appreciation of its consequences.

The order is accordingly affirmed.

*For affirmance*— Chief Justice Weintraub, and Justices Jacobs, Erancis, Proctor, Hall, Schettifo and Hahemak — 7.

*For reversal*— -Hone.
Exhibit 31.2
**CHIEF FINANCIAL OFFICER CERTIFICATION**
I, David W. Odell, Chief Financial Officer of Hyperion Solutions Corporation,certify that:
1 I have reviewed this Quarterly Report on Form 10-Q of HyperionSolutions Corporation (the “Registrant”); 2 Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report; 3 Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flowsof the Registrant as of, and for, the periods presented in this report; 4 The Registrant’s other certifying officer(s) and I are responsiblefor establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theRegistrant and have:
a. Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designedunder our supervision, to ensure that material informationrelating to the Registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities,particularly during the period in which this report is beingprepared; b. Evaluated the effectiveness of the Registrant’sdisclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this reportbased on such evaluation; and c. Disclosed in this report any change in the Registrant’sinternal control over financial reporting that occurred during theRegistrant’s most recent fiscal quarter (the Registrant’s fourthfiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect,the Registrant’s internal control over financial reporting; and
5 The Registrant’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the Registrant’s auditors and the audit committee of theRegistrant’s board of directors (or persons performing the equivalentfunctions):
a. All significant deficiencies and material weaknesses inthe design or operation of internal control over financialreporting which are reasonably likely to adversely affect theRegistrant’s ability to record, process, summarize and reportfinancial information; and b. Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theRegistrant’s internal control over financial reporting.
Dated: November 9, 2004
/s/ DAVID W. ODELLDavid W. Odell
#### Donald Lee KELLER, Individually, and Donald Lee Keller, Father and Next Friend of Virgil Wayne Keller, a Minor, Plaintiff, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Defendant.

No. CIV-81-918-D.

United States District Court, W.D. Oklahoma.

Feb. 3, 1982.

*729Tom A. Lucas and Jan Meadows, Norman, Okl., for plaintiff.

James C. Peck, Rodney L. Cook and Jim Atkins, Oklahoma City, Okl., for defendant.

ORDER GRANTING SUMMARY JUDGMENT

DAUGHERTY, District Judge.

In this train-motor vehicle crossing accident, the Defendant Railway Company has filed a Motion for Summary Judgment asserting that under the undisputed facts of the collision and the application of the Oklahoma Occupied Crossing Rule, the Defendant is entitled to judgment herein dismissing Plaintiff’s action as a matter of law.

In this diversity action Oklahoma law must be applied by the Court. *Erie Railroad Company v. Tompkins,*304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). The Oklahoma Occupied Crossing Rule has been announced as the law of Oklahoma in a long series of cases, both from the Oklahoma Supreme Court and our Circuit Court of Appeals. *Davis v. Burlington Northern, Inc.,*663 F.2d 1028 (10th Cir.1981); *Smoot v. Chicago, Rock Island and Pacific Railroad Co.,*378 F.2d 879 (10th Cir.1967); *Oklahoma City-Ada-Atoka Railway Co. v. Nickels,*343 P.2d 1094 (Okl.1959); *Kansas, Oklahoma and Gulf Railway Co. v. Painter,*333 P.2d 547 (Okl.1958); *Cain v. St. Louis-San Francisco Railroad Company,*293 P.2d 355 (Okl. 1956); *Raley v. Thompson, 225*P.2d 171 (Okl.1950); *Fleming v. Loch,*195 P.2d 942 (Okl.1948); *Thompson v. Carter,*192 Okl. 579, 137 P.2d 956 (1943); and *Lowden v. Bowles,*188 Okl. 35, 105 P.2d 1061 (1940).

At the noticed hearing conducted on said Motion, the Plaintiff acknowledged that the collision involved herein was an occupied crossing type collision. Counsel for Plaintiff further acknowledged at said hearing that Plaintiff had no evidence to support a claim of unusual circumstances in connection with this collision as an exception to the Oklahoma Occupied Crossing Rule.

In these circumstances, as there are no disputed fact questions as to this being an occupied crossing collision and Plaintiff having no evidence of unusual circumstances to support the exception to said Rule, the Defendant is entitled to summary judgment dismissing Plaintiff’s action against it.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice 11523]

# SUMMARY:

Notice is hereby given of the following determinations: I hereby determine that certain objects being imported from abroad pursuant to agreements with their foreign owners or       ( print page 50752)    custodians for temporary display in the exhibition “Jasper Johns: Mind/Mirror” at the Philadelphia Art Museum, Philadelphia, Pennsylvania, and at possible additional exhibitions or venues yet to be determined, are of cultural significance, and, further, that their temporary exhibition or display within the United States as aforementioned is in the national interest. I have ordered that Public Notice of these determinations be published in the **Federal Register**.

# FOR FURTHER INFORMATION CONTACT:

Chi D. Tran, Program Administrator, Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email: *section2459@state.gov*). The mailing address is U.S. Department of State, L/PD, 2200 C Street NW (SA-5), Suite 5H03, Washington, DC 20522-0505.

# SUPPLEMENTARY INFORMATION:

The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, *et seq.*; 22 U.S.C. 6501 note, *et seq.*), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236-3 of August 28, 2000.

Matthew R. Lussenhop,

Acting Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State.

[FR Doc. 2021-19546 Filed 9-9-21; 8:45 am]

BILLING CODE 4710-05-P
#### The People of the State of New York, Respondent, v William Rivers, Appellant.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf. People v Gonzalez,*47 NY2d 606). Mangano, J. P., Brown, Rubin and Eiber, JJ., concur.
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Small Business Administration [Disaster Declaration #17129 and #17130; North Dakota Disaster Number ND-00100]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of North Dakota (FEMA-4613-DR), dated 09/01/2021. *Incident:*
                         Severe Storm, Straight-Line Winds, and Flooding. *Incident Period:*
                         06/07/2021 through 06/11/2021.
 DATES: Issued on 09/01/2021. *Physical Loan Application Deadline Date:*
                         11/01/2021. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         06/01/2022.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 09/01/2021, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Burke, Divide, Emmons, Grant, Kidder, Lamoure, Sioux, Williams. The Interest Rates are: Percent*For Physical Damage:*Non-Profit Organizations with Credit Available Elsewhere
2.000Non-Profit Organizations without Credit Available Elsewhere
2.000*For Economic Injury:**Non-Profit Organizations without Credit Available Elsewhere*
2.000
 The number assigned to this disaster for physical damage is 17129 B and for economic injury is 17130 0. (Catalog of Federal Domestic Assistance Number 59008) James Rivera, Associate Administrator for Disaster Assistance.


[FR Doc. 2021-19659 Filed 9-10-21; 8:45 am] BILLING CODE 8026-03-P