alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.44



THIRD SUPPLEMENTAL INDENTURE



THIRD SUPPLEMENTAL INDENTURE, dated as of August 12, 2004, among CANWEST MEDIA INC., a corporation incorporated under the federal laws of Canada
(the Issuer), each of the New Guarantors (as defined herein) and The Bank of New York, as trustee (the Trustee).



WHEREAS, in accordance with Section 11.04 of the Indenture relating to the 7-5/8% Senior Notes due 2013 of the Issuer, dated as of April 3, 2003, between
the Company, the Trustee and the Guarantors (as defined therein), as supplemented by supplemental trust indentures dated September 22, 2003 and February 25, 2004 among the Issuer, the Trustee and the New Guarantors (as defined therein) (such
indenture and supplemental indentures are collectively referred to as the Indenture), each of the entities listed on Exhibit A hereto (each a New Guarantor) desires to guarantee the obligations of the
Issuer with respect to the Notes on the terms set forth in the Indenture;



WHEREAS, the Boards of Directors of the Issuer and each of the New Guarantors have authorized this Third Supplemental Indenture; and



WHEREAS, all things necessary to make this Third Supplemental Indenture a valid supplement to the Indenture according to its
terms and the terms of the Indenture have been done:



NOW,
THEREFORE, each party agrees as follows for the benefit of the other parties and for the equal and ratable benefit of Holders of the Notes:



Section 1. Guarantee. Each New Guarantor covenants and agrees to be bound by and subject to the terms of the Indenture as if they had executed the
same as a Guarantor as of the date first set forth above.



Section 2. Certain Defined Terms. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Indenture.



Section 3. Governing Law. THIS THIRD SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW. EACH OF THE PARTIES HERETO AGREES TO SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS
THIRD SUPPLEMENTAL INDENTURE, THE NOTES OR THE GUARANTEES.



Section 4. Multiple Counterparts. The parties may sign multiple counterparts of this Third Supplemental Indenture. Each signed counterpart shall be deemed an original, but all of them together represent one and the same agreement.



1



---

IN WITNESS WHEREOF, the parties have caused this Third Supplemental Indenture to be duly executed all as
of the date and year first written above.



CANWEST MEDIA INC.By:

/s/Name:

Richard M. LeipsicTitle:

Vice PresidentKEN WEST HOLDINGSBy:

/s/Name:Title:DNA BROADCASTING LIMITEDBy:

/s/Name:Title:THE BANK OF NEW YORK,      not in its individual capacity, but solely asTrusteeBy:

/s/Name:

Vanessa MackTitle:

Assistant Vice President




2



---

Exhibit A



New Guarantors



Ken West Holdings

DNA Broadcasting Limited



3
| **-------------------------------------------------------------------------------------------------------------------------------------------------------** |
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| DOCUMENT: | **NC** | **4** |
|-----------|--------|-------|

|  | **Order** |
|--|-----------|

| DATE: | FR        PAGE: | N/A | PAGES: | 10 |
|-------|------------------|-----|--------|----|

|  | **-------------------------------------------------------------------------------------------------------------------------------------------------------** |
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First
Previous
Next
Last
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 1107

_____________________________ G ARY L. L EISTER , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Duval County

. Tatiana Salvador , Judge

. June 6, 2019

P ER C URIAM

.
A FFIRMED

. B.L. T HOMAS , C.J., M.K. T HOMAS , J., and G AY , S HONNA Y OUNG , A SSOCIATE J UDGE , concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Gary L. Leister, pro se
, Appellant.

Ashley Moody, Attorney General, and Heather Flanagan R oss, Assistant Attorney General, Tallahassee
, for Appellee.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2323 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2323

 To amend the Internal Revenue Code of 1986 to allow certain veterans 
 organizations to take into account the membership of spouses, widows, 
and widowers of members of the Armed Forces for purposes of determining 
                           tax exempt status.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2019

  Ms. Eshoo introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to allow certain veterans 
 organizations to take into account the membership of spouses, widows, 
and widowers of members of the Armed Forces for purposes of determining 
                           tax exempt status.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spousal Membership for Veterans 
Organizations Act of 2019''.

SEC. 2. SPOUSES, WIDOWS, AND WIDOWERS TAKEN INTO ACCOUNT IN DETERMINING 
              TAX EXEMPT STATUS OF CERTAIN VETERANS ORGANIZATIONS.

    (a) In General.--Section 501(c)(19) of the Internal Revenue Code of 
1986 is amended by adding at the end the following flush matter:
        ``Any post or organization for which there is no auxiliary unit 
        or society may elect to take into account any member who is a 
        spouse, widow, or widower of a past or present member of the 
        Armed Forces of the United States for purposes of determining 
        whether the post or organization meets the 75-percent 
        requirement of subparagraph (B).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after the date of the enactment of this Act.
                                 <all>
```
Exhibit 32


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 quarterly report of China Armco Metals, Inc. (the "Company") on Form 10-Q/A for the period ended September 30, 2009 as filed with the Securities and Exchange Commission (the "Report"), I, Kexuan Yao, Chairman and Chief Executive Officer of the Company, and Fengtao Wen, Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. SS. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of our knowledge:





1.
The Report fully complies with the requirements of Section 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 result of operations of the Company.





November 25, 2009
/s/ Kexuan YaoKexuan Yao
CEO and Chairman
(Principal executive officer)





November 25, 2009
/s/ Fengtao WenFengtao Wen
Chief Financial Officer
(Principal financial and accounting officer)





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 has been provided to the Company and will be retained by the Company and furnished to the Securities and
Exchange Commission or its staff upon request.
(I) 

# -r 6tt>-/5

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## pP|p|MA| S*h^ L*-m«« K*x+//cc-jj COURTOFCRIMINALAPPEALS ^ f AUG 272015
' '+-*-" \ZT>^'V7-i*' 6?- AbelAcosta, Clerk 'eyshS 

# +> r- 7) /? 

# ^"CrcT^^-Ai- 6^s_f^ 7 i ««** / ^c^^, 

## *e-re~r^,n,ur/L ^e^esr £**<. A 

## FILED !N 7~^^—*•-* ^er 6i*t A*^^ UsllA?H COURT OF CRIMINAL APPEALS AUG 27 2Gi5 Abel Acosta, Clerk

### X

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# EXHIBIT 10.1

# Employment Agreement

# Between

# Image Sensing Systems, Inc. and James Murdakes





This Employment Agreement will supersede the March 23, 2004 Consulting
Agreement.

# POSITION:

Chief Executive Officer, President and Chairman of the Board of Directors.

# TERM & TERMINATION

Term:   This is an At Will employment
agreement effective January 1, 2006 and will be valid until December 31, 2006.

Termination:   Six months severance pay will be paid
if terminated without cause as defined below.

Cause:   Cause means any failure to perform
assigned job responsibilities that continues unremedied for a period of thirty (30) days after written notice to Murdakes by the
Company; conviction of a felony or misdemeanor or failure to contest prosecution for a felony or misdemeanor; the Companys
reasonable belief that Murdakes engaged in a violation of any statute, rule or regulation, any of which in the judgment of the
Company is harmful to the Companys business or to the Companys reputation; or the Companys reasonable belief
that Murdakes engaged in unethical practices, dishonesty or disloyalty.

# CHANGE OF OWNERSHIP

For merger or sale of the Company, ISS agrees to pay twelve months salary in
the event over 50% of the Companys common stock changes hands, substantially all of the assets of the Company are sold or
the Board of Directors of the Company, in its sole and absolute discretion, determines that there has been a sufficient change in
stock ownership of the Company to constitute a change in control of the Company.

---

# REMUNERATION:

Annual Salary:   $145,000 for the period January 1,
2006 to December 31, 2006 with the understanding that the Compensation Committee may adjust this amount if it so wishes.

Benefits:   In addition to the salary, Mr. Murdakes
will receive 4 weeks vacation per year on an accrual basis and be eligible for any bonus awarded for achieving Company financial
and strategic objectives as set forth by the Board of Directors.

|EMPLOYEE |                                 | IMAGE SENSING SYSTEMS, INC.
|-------- | ------------------------------- | ---------------------------
|        
|AGREED:  | /s/   James Murdakes            |                            
|TITLE:   | James MurdakesCEO and President |                            
|        
|DATED:   | April 7, 2006                   |                            

---
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           8,841
<SECURITIES>                                    10,471
<RECEIVABLES>                                   11,260
<ALLOWANCES>                                     (522)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                35,874
<PP&E>                                          10,972
<DEPRECIATION>                                 (6,764)
<TOTAL-ASSETS>                                  41,535
<CURRENT-LIABILITIES>                           14,360
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            26
<OTHER-SE>                                      27,149
<TOTAL-LIABILITY-AND-EQUITY>                    41,535
<SALES>                                         35,001
<TOTAL-REVENUES>                                35,001
<CGS>                                            7,320
<TOTAL-COSTS>                                    7,320
<OTHER-EXPENSES>                                30,061
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (1,663)
<INCOME-TAX>                                     (619)
<INCOME-CONTINUING>                            (1,044)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,044)
<EPS-PRIMARY>                                    (.10)
<EPS-DILUTED>                                    (.10)


</TABLE>
No. 41.

#### Painters District Council No. 14 of Chicago et al. *v.*United States.

Argued October 26, 1931.

Decided November 2, 1931.

*Mr. Wm. E. Rodriguez*for appellants.

*Assistant to the Attorney General O’Brian,*with whom *Solicitor General Thacher*and *Mr. Charles H. Weston*were on the brief, for the United States.

*Per Curiam:*

Decree affirmed. *Duplex Printing Press Co.*v. *Deering,*254 U. S. 443; *United States*v. *Brims,*272 U. S. 549; *Bedford Cut Stone Co.*v. *Journeymen Stone Cutters’ Assn.,*274 U. S. 37.
Exhibit 13.2

CERTIFICATION

Pursuant to 18 U.S.C. § 1350, the undersigned officer
of Nidec Corporation (the Company) hereby certifies, to such officers knowledge, that the Companys annual report on Form 20-F for the fiscal year ended March 31, 2011 (the Report) fully complies with the
requirements of Section 13(a) or 15(d), as applicable, of the U.S. Securities Exchange Act of 1934, and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of
the Company.

Dated: June 23, 2011



/s/    Masuo YoshimatsuMasuo Yoshimatsu
Senior Vice President, Chief FinancialOfficer and Director
# CE2011004EN.01006901.xml

| 7.1.2011 | EN | Official Journal of the European Union | CE 4/69 |
| --- | --- | --- | --- |

7.1.2011

EN

Official Journal of the European Union

CE 4/69

---

Thursday 25 March 2010Appointment of a member of the Court of Auditors – Mr Louis Galea

P7_TA(2010)0080

European Parliament decision of 25 March 2010 on the nomination of Louis Galea as a Member of the Court of Auditors (C7-0020/2010 – 2010/0808(NLE))

2011/C 4 E/19

(Consultation)

The European Parliament,

The European Parliament

having regard to Article 286(2) of the Treaty on the Functioning of the EU, pursuant to which the Council consulted Parliament (C7-0020/2010),

having regard to the fact that, at its meeting of 15 March 2010, the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors,

having regard to Rule 108 of its Rules of Procedure,

having regard to the report of the Committee on Budgetary Control (A7-0042/2010),

| A. | whereas Louis Galea fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU, |
| --- | --- |

A.

whereas Louis Galea fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU,

| 1. | Delivers a favourable opinion on the nomination of Louis Galea as a Member of the Court of Auditors; |
| --- | --- |

1.

Delivers a favourable opinion on the nomination of Louis Galea as a Member of the Court of Auditors;

| 2. | Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. |
| --- | --- |

2.

Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.

---
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

Cause Number: 01-12-00702-CV

Trial Court Cause 

Number: 1048586

Style: Ellen Sedita

v Unilev Management Corp, Unilev Capital Corp, Merit Parking Company, LTD. and 

Royal Sweeping and Paving, LLC

Date motion filed*: March 6, 2013

Type of motion: Motion for Extension of Time to File Appellant's Reply Brief

Party filing motion: Appellant, Ellen Sedita

Document to be filed: Appellant's Reply Brief

Is appeal accelerated? Yes No

If motion to extend time:

Original due date:

Number of previous extensions granted:

Date Requested: March 26, 2013

Ordered that motion is:

 Granted

If document is to be filed, document due: March 26, 2013

Absent extraordinary circumstances, the Court will not grant additional motions to extend time

 Denied

 Dismissed (e.g., want of jurisdiction, moot)

 Other: 

Judge's signature: /s/ Terry Jennings

 Acting individually Acting for the Court

Panel consists of 

Date: March 11, 2013
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

UNITED STATES COURT OF APPEALS Filed 5/29/96 TENTH CIRCUIT

LISA ROBERTSON,

Plaintiff - Appellant, No. 95-3242

v. D. Kansas IBP, INC., Defendant - Appellee. (D.C. No. 94-2047-GTV)

ORDER AND JUDGMENT *

Before SEYMOUR , PORFILIO , and ANDERSON , Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. SeeFed. R. App. P. 34 (a); 10th Cir. R. 34.1.9. This cause is therefore ordered submitted without oral argument. Lisa Robertson appeals from an adverse summary judgment, dismissal of her retaliatory discharge action against IBP, Inc., and denial of her motion to amend judgment- 2 -

or, alternatively, for a new trial. She contends, among other things, that there are genuine issues of material fact, and that the district court erroneously applied a clear and convincing evidence standard at the summary judgment stage of the proceedings. She argues that these errors deprived her of her constitutional right to a jury trial. She also contends that the district court improperly disregarded evidence proffered in her motion to alter or amend the judgment or for a new trial. Upon consideration of the record and the briefs of the parties, we conclude that the district court did not err. In particular, the district court did not err in applying the evidentiary standard announced by the Kansas Supreme Court in Ortega v. IBP, Inc. , 255 Kan. 513, 528, 874 P.2d 1188 (1994) at the summary judgment stage. See Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 249-50 (1986). Nor did the district court err in its interpretation of that standard. It follows that when a case is not submissible to a jury, there is no denial of the right to a jury trial. We AFFIRM the district court substantially for the reasons set out in its thorough orders dated March 27, 1995, and June 29, 1995.
ENTERED FOR THE COURT
Stephen H. Anderson Circuit Judge
Exhibit 10.58


 


 





 


2000 STOCK OPTION PLAN


 


NOTICE OF STOCK
OPTION ACCELERATION


 


 


You previously have been granted an option to purchase
Common Stock of @Road, Inc., (the “Company”)
under the @Road, Inc. 2000 Stock Option Plan. 
On October 24, 2005, the Company Board of Directors approved the vesting
of all stock options granted to employees and officers under the @Road 2000
Stock Option Plan with an exercise price equal to or greater than $6.40 per
share, effective October 27, 2005.


No other term or condition of your stock option,
including the per share exercise price, total number of shares granted,
expiration date, termination period or transferability, has changed.  The stock option remains granted under and
governed by the terms and conditions of the @Road, Inc. 2000 Stock Option Plan
and the Stock Option Agreement, both of which are incorporated by reference
herein.


                You may review your options online under the “Employee
Stock Plans” tab at www.etrade.com.  The
exercise of your option(s) must be in compliance with the Company Insider
Trading Policy.


If you have questions about this Notice, please
contact Laura Fahnlander at lfahnlander@road-inc.com or (510) 870-1245.


 


 


@ROAD,
INC.


 


/s/
Board of Directors


 


 


Board of Directors of @Road, Inc.