alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.4


 


FIRST AMENDMENT TO THE


TUESDAY MORNING CORPORATION


2004 LONG-TERM EQUITY INCENTIVE PLAN


 


                THIS FIRST AMENDMENT TO THE TUESDAY MORNING
CORPORATION 2004 LONG-TERM EQUITY INCENTIVE PLAN (this “Amendment”) is made and
adopted by Tuesday Morning Corporation, a Delaware corporation (the “Company”),
effective as of July 28, 2005.


PRELIMINARY
STATEMENTS


                A.            The stockholders of the Company have approved, and the
Company has adopted, the Tuesday Morning Corporation 2004 Long-Term Equity
Incentive Plan (the “2004 Plan”). 
Capitalized terms used but not otherwise defined herein shall have the
meanings ascribed to them in the 2004 Plan.


                B.            The compensation committee of the board of directors of
the Company desires to exercise its power to modify the 2004 Plan by defining “Fair
Market Value” under the 2004 Plan in a manner that is consistent with certain
guidance given by the Internal Revenue Service regarding what would be deemed a
reasonable methodology for determining the “fair market value” of stock underlying
an option to purchase stock with respect to all options granted on or after July
28, 2005.


AMENDMENT


                NOW, THEREFORE, the 2004 Plan is
hereby amended as follows:


                1.  Section 2(o)(i) is hereby amended to read as
follows in its entirety:


“(i)  the mean between the highest and lowest
selling prices of the Common Stock on the date of determination or, if there
have been no sales on the date of determination but there were sales on dates
within a reasonable period both before and after the determination date, the
weighted average of the means between the highest and lowest sales on the
nearest date before and the nearest date after the determination date; such
average is to be weighted inversely by the respective number of trading days
between the selling dates and the determination date.”


                2.  Section 2(o)(ii) is hereby amended to read as
follows in its entirety:


“(ii)  with respect to any security which is not
listed on any securities exchange or quoted in the NASDAQ System or the
over-the-counter market, the fair value of such security as reasonably
determined by the Board in good faith.”


                This Amendment, and the changes
to the provisions of the 2004 Plan effected hereby, shall be effective as of July
28, 2005 and shall apply to all option granted under the 2004 Plan on or after
July 28, 2005.  Except as expressly set
forth herein, the 2004 Plan shall remain in full force and effect without
further amendment or modification.





















 


                IN WITNESS WHEREOF, the Company,
acting by and through its officer hereunto duly authorized, has executed this
Amendment effective as of the date first written above.


 


	
   

  	
  TUESDAY MORNING CORPORATION

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Loren K. Jensen

  
	
   

  	
   

  	
  Loren K. Jensen

  Chief Financial Officer, Secretary and Treasurer

  



 


S-1
[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Notices]
[Pages 41374-41375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14859]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meetings

TIME AND DATE: 2 p.m. on Thursday, July 14, 2022.

[[Page 41375]]


PLACE: The meeting will be held via remote means and/or at the 
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners, 
the Secretary to the Commission, and recording secretaries will attend 
the closed meeting. Certain staff members who have an interest in the 
matters also may be present.
    In the event that the time, date, or location of this meeting 
changes, an announcement of the change, along with the new time, date, 
and/or place of the meeting will be posted on the Commission's website 
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), 
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the 
following topics:

    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement 
proceedings.

    At times, changes in Commission priorities require alterations in 
the scheduling of meeting agenda items that may consist of 
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please 
contact Vanessa A. Countryman from the Office of the Secretary at (202) 
551-5400.
    Authority: 5 U.S.C. 552b.

    Dated: July 7, 2022.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2022-14859 Filed 7-8-22; 11:15 am]
BILLING CODE 8011-01-P
Amendment No. 2 to Consulting Agreement effective 7/28/05



 Exhibit 10.5 
  
 AMENDMENT NO. 2 TO CONSULTING AGREEMENT 
  
 This Amendment No. 2 to Consulting Agreement (this “Amendment”) is made effective as of April 27, 2005 (the “Effective Date”), by and
between Newmont Capital Limited (“Newmont”) and Seymour Schulich (“Contractor”). 
  
 Recitals 
  
 A. Newmont and Contractor have entered into that certain Consulting Agreement having an effective date of April 1, 2002 (the “Agreement”). 
  
 B. Newmont and Contractor desire to amend certain terms and conditions contained in the Agreement. 
  
 Agreement 
  
 The Agreement is amended as follows: 
  
 Recital A is deleted in its entirety and replaced with the following:

  
 A. Contractor currently serves on the Board of Directors of
Newmont, in the position as Chairman of the Board (“Chairman”). In consideration of such service, Newmont will pay Contractor US$50,000 per year, paid quarterly, for each year that he serves as Chairman. 
  
 This Amendment is executed as of this 28 day of July, 2005, intended to be
effective as of the Effective Date. 
  

									
	 NEWMONT CAPITAL LIMITED
	 	 	 	 
					
	 By:
	 	 /s/ Sharon E. Thomas
	 	 	 	 	 	 /s/ Seymour Schulich

	 Name:
	 	 Sharon E. Thomas
	 	 	 	 	 	 Seymour Schulich

	 Title:
	 	 Vice President and Assistant Secretary
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               JUN-30-1998
<CASH>                                         311,278
<INT-BEARING-DEPOSITS>                           2,200
<FED-FUNDS-SOLD>                               172,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  1,586,919
<INVESTMENTS-CARRYING>                       1,214,932
<INVESTMENTS-MARKET>                         1,221,894
<LOANS>                                     13,774,580
<ALLOWANCE>                                    156,482
<TOTAL-ASSETS>                              18,116,737
<DEPOSITS>                                  10,698,265
<SHORT-TERM>                                 4,166,301
<LIABILITIES-OTHER>                            326,850
<LONG-TERM>                                  1,686,644
<PREFERRED-MANDATORY>                            4,617
<PREFERRED>                                          0
<COMMON>                                        60,173
<OTHER-SE>                                   1,173,887
<TOTAL-LIABILITIES-AND-EQUITY>              18,116,737
<INTEREST-LOAN>                                950,265
<INTEREST-INVEST>                              207,680
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                             1,157,945
<INTEREST-DEPOSIT>                             408,300
<INTEREST-EXPENSE>                             717,785
<INTEREST-INCOME-NET>                          440,160
<LOAN-LOSSES>                                  (1,727)
<SECURITIES-GAINS>                               4,562
<EXPENSE-OTHER>                                325,030
<INCOME-PRETAX>                                221,745
<INCOME-PRE-EXTRAORDINARY>                     221,745
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   128,749
<EPS-PRIMARY>                                     2.27
<EPS-DILUTED>                                     1.78
<YIELD-ACTUAL>                                    2.82
<LOANS-NON>                                     95,994
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                21,465
<LOANS-PROBLEM>                                 54,060
<ALLOWANCE-OPEN>                               163,759
<CHARGE-OFFS>                                   29,052
<RECOVERIES>                                     6,599
<ALLOWANCE-CLOSE>                              156,482
<ALLOWANCE-DOMESTIC>                           156,482
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5590 Introduced in House (IH)]

110th CONGRESS
  2d Session
                                H. R. 5590

  To amend title XVIII of the Social Security Act to permit physical 
    therapy services to be furnished under the Medicare Program to 
                individuals under the care of a dentist.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2008

  Mr. Pascrell (for himself and Mr. Cantor) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
  in addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
  To amend title XVIII of the Social Security Act to permit physical 
    therapy services to be furnished under the Medicare Program to 
                individuals under the care of a dentist.

    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 ``Medicare Oral Health Rehabilitative 
Enhancement Act of 2008''.

SEC. 2. PERMITTING PHYSICAL THERAPY TO BE FURNISHED UNDER THE MEDICARE 
              PROGRAM UNDER THE CARE OF A DENTIST.

    (a) In General.--Section 1861(p)(1) of the Social Security Act (42 
U.S.C. 1395w(p)(1)) is amended by inserting ``(2),'' after ``(1),''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to items and services furnished on or after the date of the 
enactment of this Act.
                                 <all>
```
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5175 Introduced in House (IH)]

110th CONGRESS
  2d Session
                                H. R. 5175

To amend the Internal Revenue Code of 1986 to repeal the withholding of 
                   income and social security taxes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2008

 Ms. Foxx (for herself, Mr. Linder, Mr. Wilson of South Carolina, Mr. 
 Burton of Indiana, Mr. Tancredo, Mr. Weldon of Florida, Mr. Kingston, 
 Mrs. Blackburn, Mr. Doolittle, Mr. Garrett of New Jersey, Mr. Pence, 
 Mr. Franks of Arizona, Mr. Gohmert, Mr. Paul, Mr. Flake, Mrs. Myrick, 
  Mr. Bartlett of Maryland, and Mrs. Cubin) 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 repeal the withholding of 
                   income and social security taxes.

    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 ``Federal Tax Withholding Act of 
2008''.

SEC. 2. REPEAL OF WITHHOLDING OF INCOME AND SOCIAL SECURITY TAXES.

    (a) In General.--The following sections of the Internal Revenue 
Code of 1986 are hereby repealed:
            (1) Section 3102 (relating to deduction of social security 
        tax from wages).
            (2) Section 3202 (relating to deduction of railroad 
        retirement tax from compensation).
            (3) Chapter 24 (relating to income tax withholding).
    (b) Requirement of Estimated Tax Payments for Employee Social 
Security Taxes.--Subsection (f) of section 6654 of such Code is amended 
by striking ``minus'' at the end of paragraph (2) and inserting 
``plus'', by redesignating paragraph (3) as paragraph (4), and by 
inserting after paragraph (2) the following new paragraph:
            ``(3) the taxes imposed by section 3101(a) and 3201(a), 
        minus''.
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts paid on or after the first January 1 occurring after 1 
year after the date of the enactment of this Act.
                                 <all>
```
IB 

Union Calendar No. 402 

110TH CONGRESS 

2D SESSION H. R. 5664 

[Report No. 110–641] 

To amend title 38, United States Code, to direct the Secretary of Veterans 

Affairs to update at least once every six years the plans and specifications 

for specially adapted housing furnished to veterans by the Secretary. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 31, 2008 

Mr. RODRIGUEZ introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

MAY 15, 2008 

Additional sponsors: Mr. PASTOR, Mr. WALZ of Minnesota, and Mr. BUYER

MAY 15, 2008 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to update at least once every 

six years the plans and specifications for specially adapted housing furnished to veterans by the Secretary. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


jbell on PROD1PC69 with BILLS
2 

•HR 5664 RH

1 SECTION 1. REGULAR UPDATE OF SPECIALLY ADAPTED 

2 HOUSING PLANS AND SPECIFICATIONS FUR3 NISHED TO VETERANS BY SECRETARY OF 

4 VETERANS AFFAIRS. 

5 Section 2103 of title 38, United States Code, is 

6 amended by adding at the end the following new sentence: 

7 ‘‘The Secretary shall update such plans and specifications 

8 at least once every six years.’’. 

9 SECTION 1. REQUIREMENT FOR REGULAR UPDATES TO 

10 HANDBOOK FOR DESIGN FURNISHED TO VET11 ERANS ELIGIBLE FOR SPECIALLY ADAPTED 

12 HOUSING ASSISTANCE BY SECRETARY OF 

13 VETERANS AFFAIRS. 

14 Section 2103 of title 38, United States Code, is amend15 ed— 

16 (1) by striking ‘‘The Secretary’’ and inserting 

17 ‘‘(a) PLANS AND SPECIFICATIONS.—The Secretary’’; 

18 and 

19 (2) by adding at the end the following new sub20 section: 

21 ‘‘(b) HANDBOOK FOR DESIGN.—The Secretary shall 

22 make available to veterans eligible for assistance under this 

23 chapter, without cost to the veterans, a handbook containing 

24 appropriate designs for specially adapted housing. The Sec25 retary shall update such handbook at least every six years 

26 to take into account any new or unique disabilities, includVerDate Aug 31 2005 02:12 May 16, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6203 E:\BILLS\H5664.RH H5664

jbell on PROD1PC69 with BILLS
3 

•HR 5664 RH

1 ing vision impairments, impairments specific to the of 

2 upper limbs, and burn injuries.’’. 


jbell on PROD1PC69 with BILLS
Union Calendar No. 402 

110TH CONGRESS 

2D SESSION H. R. 5664 

[Report No. 110

–641] 

A BILL 

To amend title 38, United States Code, to direct 

veterans by the Secretary. tions for specially adapted housing furnished to least once every six years the plans and specificathe Secretary of Veterans Affairs to update at 

MAY 15, 2008 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


jbell on PROD1PC69 with BILLS
**EXHIBIT      32.1**

**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

| (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 results of operations of the                Company. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| */s/                Edward E. Cohen*   |
|----------------------------------------|
| Edward                E. Cohen         |
| Chief                Executive Officer |
|  February              9, 2006    |
|                                   |
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

TIMOTHY J. AUBREY, a.k.a. Tim Aubrey, a.k.a. Timothy Joel Aubrey,

Defendant

- Appellant. No. 18

- 50165

D.C. No. 8:13

- cr

- 00167

- JVS

- 2

MEMORANDUM *

Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding

Submitted February 19, 2019 **

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

Timothy J. Aubrey appeals from the district court’s judgment and challenges

the 21

- month sentence imposed following his guilty

- plea conviction for mail fraud,

in violation of 18 U.S.C. § 1341. Pursuant to Anders v. California , 386 U.S . 738

(1967), Aubrey ’s counsel has filed a brief stating that there are no grounds for

* 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

FEB 21 2019

MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 18

- 50165

relief, along with a motion to withdraw as counsel of record. We have provided

Aubrey the opportunity to file a pro se supplemental brief. No pro se supplemental

brief or answering brief has been filed.

Aubrey waived his right to appeal most aspects of his sentence. Our

independent review of the record pursuant to Penson v. Ohio , 488 U.S. 75, 80

(1988), discloses no arguable issue as to the validity of the waiver. See United

States v. Watson , 582 F.3d 974, 986

- 88 (9th Cir. 2009). We accordingly dismiss

those aspects of Aubrey’s sentencing appeal that are covered by the waiver and

affirm as to all other issues

, with the exception of three supervised release

conditio ns

— standard conditions five, six, and fourteen

— which are

unconstitutionally vague. See United States v. Evans , 883 F.3d 1154, 1162

- 64 (9th

Cir. ), cert. denied

, 139 S. Ct. 133 (2018); see also Watson , 582 F.3d at 977 (an

appeal waiver does not bar a constitutional challenge to a supervised release

condition). We remand for the district court to modify these conditions consistent

with our opinion in Evans

.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED in part; D ISMISSED in part; REMANDED with

instructions

.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4908 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 4908

          To suspend temporarily the duty on Lauroyl Peroxide.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 19, 2007

 Mr. Lampson introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
          To suspend temporarily the duty on Lauroyl Peroxide.

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

SECTION 1. LAUROYL PEROXIDE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902._._        Lauroyl Peroxide    Free         No change        No change        On or before 12/  ''.
                         (CAS No. 105-74-                                                   31/2011
                         8) (provided for
                         in subheading
                         2915.90.10)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                               SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002

I, Jack L. Alexander,  Senior Vice President of MidAmerican  Energy Company (the
"Company"),  certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that to the best of my knowledge:

     (1) the  Quarterly  Report on Form 10-Q of the  Company  for the  quarterly
         period ended  September 30, 2003 (the "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  Report  fairly  presents,  in all
         material respects,  the financial condition and result of operations of
         the Company.


Dated:   November 5, 2003




                              /s/ Jack L. Alexander
                           ---------------------------
                                  Jack L. Alexander
                              Senior Vice President
                          (co-chief executive officer)