alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   1-MO
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                       6,850,705
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 60,285,462
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                     12,143,278
<ALLOWANCE>                                     25,000
<TOTAL-ASSETS>                              80,407,616
<DEPOSITS>                                  62,445,010
<SHORT-TERM>                                 2,500,000
<LIABILITIES-OTHER>                                  0
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             9
<OTHER-SE>                                  15,161,630
<TOTAL-LIABILITIES-AND-EQUITY>              80,407,616
<INTEREST-LOAN>                                727,316
<INTEREST-INVEST>                              554,553
<INTEREST-OTHER>                                73,252
<INTEREST-TOTAL>                             1,355,121
<INTEREST-DEPOSIT>                             769,249
<INTEREST-EXPENSE>                              38,128
<INTEREST-INCOME-NET>                          547,744
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                             134,655
<EXPENSE-OTHER>                                241,232
<INCOME-PRETAX>                                449,607
<INCOME-PRE-EXTRAORDINARY>                     449,607
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   289,397
<EPS-PRIMARY>                                      .37
<EPS-DILUTED>                                      .37
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                25,000
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                               25,000
<ALLOWANCE-DOMESTIC>                            25,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                         25,000
        

</TABLE>
STATE v. GRAHAM.

No. COA08-462.

Court of Appeals of North Carolina.

Filed February 17, 2009.

Certification Date March 9, 2009.

Appeal from Scotland (05CRS50577, 05CRS50578).

Case reported without published opinion. Affirmed.
<PAGE>
                                                                    EXHIBIT 12.1
 
               COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES
                             (DOLLARS IN THOUSANDS)
 
<TABLE>
<CAPTION>
                                                                        FISCAL YEAR ENDED
                                           ----------------------------------------------------------------------------
                                           AUGUST 31,   AUGUST 31,   AUGUST 26,   AUGUST 31,   AUGUST 30,   AUGUST 29,
                                              1993         1994         1995         1996         1997         1998
                                           -----------  -----------  -----------  -----------  -----------  -----------
<S>                                        <C>          <C>          <C>          <C>          <C>          <C>
Fixed charges:
  Interest expense.......................   $   8,492    $   8,913    $   9,237    $   9,455    $   9,235    $  10,346
  Amortization of debt expense...........         963          933          957          720          661          681
  Rental expense included in fixed
    charges..............................       4,562        4,548        4,342        3,949        3,802        3,721
                                           -----------  -----------  -----------  -----------  -----------  -----------
    Total fixed charges..................   $  14,017    $  14,394    $  14,536    $  14,124    $  13,698    $  14,748
                                           -----------  -----------  -----------  -----------  -----------  -----------
Earnings:
  Pre-tax (loss) income..................   $ (11,670)   $ (14,556)   $  (5,672)   $  (1,066)   $    (921)   $   3,579
  Plus: fixed charges....................      14,017       14,394       14,536       14,124       13,698       14,748
                                           -----------  -----------  -----------  -----------  -----------  -----------
    Total earnings.......................   $   2,347    $    (162)   $   8,864    $  13,058    $  12,777    $  18,327
                                           -----------  -----------  -----------  -----------  -----------  -----------
Ratio of earnings to fixed charges.......      n/a          n/a          n/a          n/a          n/a             1.2
                                           -----------  -----------  -----------  -----------  -----------  -----------
                                           -----------  -----------  -----------  -----------  -----------  -----------
</TABLE>
[ARTICLE] 9
<TABLE>
<S>                             <C>
[PERIOD-TYPE]                   12-MOS
[FISCAL-YEAR-END]                          SEP-30-1998
[PERIOD-END]                               MAR-31-1998
[CASH]                                               0
[INT-BEARING-DEPOSITS]                       7,835,698
[FED-FUNDS-SOLD]                                     0
[TRADING-ASSETS]                                     0
[INVESTMENTS-HELD-FOR-SALE]                 61,406,420
[INVESTMENTS-CARRYING]                               0
[INVESTMENTS-MARKET]                                 0
[LOANS]                                     15,272,519
[ALLOWANCE]                                     25,000
[TOTAL-ASSETS]                              86,080,947
[DEPOSITS]                                  62,517,397
[SHORT-TERM]                                 6,500,000
[LIABILITIES-OTHER]                            761,988
[LONG-TERM]                                          0
[PREFERRED-MANDATORY]                                0
[PREFERRED]                                          0
[COMMON]                                         8,565
[OTHER-SE]                                  16,292,997
[TOTAL-LIABILITIES-AND-EQUITY]              86,080,947
[INTEREST-LOAN]                                597,998
[INTEREST-INVEST]                            2,200,273
[INTEREST-OTHER]                               119,428
[INTEREST-TOTAL]                             2,917,699
[INTEREST-DEPOSIT]                           1,598,741
[INTEREST-EXPENSE]                           1,794,279
[INTEREST-INCOME-NET]                        1,123,420
[LOAN-LOSSES]                                        0
[SECURITIES-GAINS]                                   0
[EXPENSE-OTHER]                                470,056
[INCOME-PRETAX]                                673,871
[INCOME-PRE-EXTRAORDINARY]                     407,406
[EXTRAORDINARY]                                      0
[CHANGES]                                            0
[NET-INCOME]                                   407,406
[EPS-PRIMARY]                                      .53
[EPS-DILUTED]                                      .52
[YIELD-ACTUAL]                                       0
[LOANS-NON]                                          0
[LOANS-PAST]                                         0
[LOANS-TROUBLED]                                     0
[LOANS-PROBLEM]                                      0
[ALLOWANCE-OPEN]                                     0
[CHARGE-OFFS]                                        0
[RECOVERIES]                                         0
[ALLOWANCE-CLOSE]                               25,000
[ALLOWANCE-DOMESTIC]                            25,000
[ALLOWANCE-FOREIGN]                                  0
[ALLOWANCE-UNALLOCATED]                         25,000
</TABLE>
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 Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meetings. 

# SUMMARY:

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393), the Beaverhead-Deerlodge National Forest's Madison-Beaverhead Resource Advisory Committee will meet on Tuesday, October 11, 2005, from 10 a.m. until 4 p.m. in Alder, Montana, for a business meeting. The meeting is open to the public.

# DATES:

Tuesday, October 11, 2005.

# ADDRESSES:

The meeting will be held at the Fire Hall in Alder, Montana.

# FOR FURTHER INFORMATION CONTACT:

Thomas W. Heintz, Designated Forest Official (DFO), Forest Supervisor, Beaverhead-Deerlodge National Forest, at (406) 683-3973.

# SUPPLEMENTARY INFORMATION:

Agenda topics for these meetings include hearing and deciding on proposals for projects to fund under Title II of Pub. L. 106-393, hearing public comments, and other business. If the meeting location changes, notice will be posted in local newspapers, including the Dillon Tribune and The Montana Standard.

Dated: September 6, 2005.

Thomas W. Heintz,

Acting Forest Supervisor.

[FR Doc. 05-17982  Filed 9-9-05; 8:45 am]

BILLING CODE 3410-11-M
EX-10.2



 Exhibit 10.2 

MORGAN STANLEY SCHEDULE OF NON-EMPLOYEE
DIRECTORS ANNUAL COMPENSATION 
 Effective as of August 1, 2016 

 

					
	
RETAINER(1)
	  	AMOUNT	 
	 Service as a Director
	  	$	75,000	  
	 Service as Chair of Audit Committee or Risk Committee
	  	$	30,000	  
	 Service as Chair of Compensation, Management Development and Succession Committee; Nominating
and Governance Committee; or Operations and Technology Committee
	  	$	20,000	  
	 Service as Member of Audit Committee, Compensation, Management Development and Succession
Committee; Nominating and Governance Committee; Operations and Technology Committee; or Risk Committee
	  	$	10,000	  
	 Service as Lead Director
	  	$	50,000	  

  

	(1) 	The retainer shall be paid semi-annually in arrears for the period from the immediately preceding Annual Meeting of Shareholders until the next succeeding Annual Meeting of Shareholders. 50% of a non-employee
director’s retainer shall be made on (or promptly after) the business day coincident with or first following the six month anniversary of the immediately preceding Annual Meeting of Shareholders. The remaining portion of a non-employee
director’s retainer shall be made on (or promptly after) the next succeeding Annual Meeting of Shareholders.

 In the
event a non-employee director joins the Board at a time other than an Annual Meeting of Shareholders, or commences service on an additional Board committee, such director shall be entitled to receive a prorated retainer for service on the Board or
such Board committee, as applicable, until the next succeeding Annual Meeting of Shareholders semi-annually in arrears. Such retainer shall be prorated for service during the period beginning on the first day of the calendar month during which
the non-employee director joins the Board, or commences service on such Board committee, until the last day of the calendar month immediately preceding the calendar month during which the retainer is payable in accordance with the payment schedule
set forth in the immediately preceding paragraph. 
 In the event a non-employee director terminates from service on the Board, or terminates
from service on a Board committee, at a time other than an Annual Meeting of Shareholders, such director shall be entitled to receive a prorated retainer for service on the Board and/or any such Board committee. Such retainer shall be prorated
for service during the period beginning on the first day of the calendar month during which the last retainer payment date occurs until the last day of the calendar month immediately preceding the calendar month during which the director’s
Board and/or Board committee service termination date occurs and shall be made on (or promptly after) the director’s Board and/or Board committee service termination date. 

Notwithstanding the foregoing, a non-employee director may elect to receive all or a portion of the retainer on a deferred basis under the
Directors’ Equity Capital Accumulation Plan.
EMICK v. SUNSET BEACH & TWIN LAKES, INC.

No. COA08-184.

Court of Appeals of North Carolina.

Filed December 16, 2008.

Certification Date January 5, 2009.

Appeal from Brunswick (03CVS2008).

Case reported without published opinion. Affirmed.
#### The People of the State of New York, Respondent, v Michael Wilson, Appellant.

[801 NYS2d 203]

Appeal from a judgment of the Supreme Court, Erie County (Richard C. Kloch, Sr., A.J.), rendered February 19, 2003. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree and rape in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of murder in the second degree (Penal Law § 125.25 [3]) and rape in the first degree (§ 130.35 [2]). The record establishes that the plea was knowingly, voluntarily and intelligently entered *(see People v Kron, 8*AD3d 908 [2004], *lv denied*3 NY3d 758 [2004]), and we conclude that Supreme Court did not abuse its discretion in denying defendant’s motion to withdraw the plea *(see People v Rouse,*1 AD3d 958, 959 [2003], *lv denied*1 NY3d 634 [2004]). The waiver by defendant of the right to appeal encompasses his challenge to the severity of the sentence *(see People v Lococo,*92 NY2d 825, 827 [1998]). Defendant failed to preserve his remaining contentions for our review *(see*CPL 470.05 [2]), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice *(see*CPL 470.15 [6] [a]). Present—Green, J.P., Hurlbutt, Scudder, Gorski and Lawton, JJ.
### THE THIRTEENTH COURT OF APPEALS

13

- 14

- 00655

- CV

ALBERTO R. GARZA AND LETICIA I. GARZA, AS NEXT FRIENDS OF ALEX ANDRA I. GARZA AND KASSAND RA R. GARZA

v. MELDEN & HUNT, INC.
On Appeal from the 92nd District Court of Hidalgo County , Texas Trial Cause No. C

- 928

- 08

- A

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes the appeal should be dismissed . The Court orders the appeal DISMISSED in accordance with its opinion . Costs of the appeal are adjudged against appel lant s

. We further order this decision certified below for observance. March 12, 2015
Carol DALENKO v. Robert A. COLLIER, Jr.

No. 274A08-2.

Supreme Court of North Carolina.

December 11, 2008.

Carol Dalenko, Pro Se.

John T. Benjamin, Jr., Raleigh, for Collier.

Prior report: ___ N.C.App. ___, 664 S.E.2d 425.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Plaintiff on the 9th day of September 2008 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed Ex Mero Motu by order of the Court in conference, this the 11th day of December 2008."
# C_2023104EN.01004001.xml

| 20.3.2023 | EN | Official Journal of the European Union | C 104/40 |
| --- | --- | --- | --- |

20.3.2023

EN

Official Journal of the European Union

C 104/40

---

Action brought on 1 February 2023 — Roche Diagnostics/EUIPO — SAS Di’X (AVENIO)

(Case T-34/23)

(2023/C 104/60)

Language in which the application was lodged: English

Parties

Applicant: Roche Diagnostics GmbH (Mannheim, Germany) (represented by: M. Douglas, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: SAS Di’X (Avignon, France)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: International registration designating the European Union in respect of the mark AVENIO — International registration designating the European Union No 1 313 134

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 31 October 2022 in Case R 1291/2018-1

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Pleas in law

| — | Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Incorrect assessment of the likelihood of confusion. |
| --- | --- |

—

Incorrect assessment of the likelihood of confusion.

---
**Exhibit10.31**

** **

**2004 LONG-TERMPERFORMANCE SHARE PROGRAM**

**AMENDMENT TO PERFORMANCESHARE UNIT AGREEMENTS**

** **

**WHEREAS,**UNOVA, Inc.,a Delaware corporation (the “Company”), and **«Name»** (the “Participant”) have previously entered into aPerformance Share Unit Agreement dated as of May 6, 2004 and a PerformanceShare Unit Agreement dated as of May 17, 2005 (together, the “Agreements”);and

 

**WHEREAS,**theCompany and the Participant desire to amend the Agreements in the respects setforth herein;

 

**NOW,THEREFORE,**the Company and the Participant hereby agree asfollows:

 

1.     The thirdsentence of the first paragraph of Article 1 of each of the Agreements ishereby amended to read in its entirety as follows:

 

“TheAwarded Shares shall be paid in shares of the common stock, par value $.01 pershare, of the Company (the ‘**Common Stock**’),as set forth in Article 6 of this Agreement.”

 

2.     Article 6 ofeach of the Agreements is hereby amended so as to delete in their entirety the secondand third paragraphs of the present text thereof and to amend the firstparagraph to read in its entirety as follows:

 

“Paymentof Awarded Shares shall be made in the form of shares of Common Stock withinninety (90) calendar days following the close of the Performance Period.”

 

3.     Except as specificallyamended by this instrument, each and every term of the Agreements is herebyratified and confirmed and shall remain in full force and effect.

 

4.     This Amendmentshall be governed by and construed in accordance with the laws of the State ofDelaware, without reference to principles of conflicts of law.

 

5.     This Amendmentshall become effective as of the date set forth below if a counterpart hereofhas been signed by the Participant and delivered to the Secretary of theCompany.

 

6.     In considerationof Participant’s execution of this Amendment, the Company shall, within areasonable time of the execution and delivery hereof, pay the Participant$50.00 for each Agreement hereby amended.

 

**IN WITNESS WHEREOF**,this Amendment has been executed by the Company and the Participant as of thedate hereafter set forth.

 

DATE: December 23,2005

 
| **UNOVA, Inc.** | **Participant**  |
|----------------------|------------------|
|                 |             |
| By:                  |             |   |   |   |
|                 | «Name» |
|                 |             |
|                      |                  |  |  |  |

 

----