alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.5

 

Amendment to Award Number: 2015-16-0082

 

SMART & FINAL STORES, INC.

 

AMENDMENT TO

 

RESTRICTED STOCK AGREEMENT
 PURSUANT TO THE
 SMART & FINAL STORES, INC.
  2014 STOCK INCENTIVE PLAN

 

Preliminary Statement

 

The terms of the Restricted Stock Agreement (designated as Award Number 2015-16-0082), dated as of May 6, 2016, evidencing an award (the “Award”) granted to David G. Hirz (“Participant”) of 79,872 restricted shares of Common Stock of Smart & Final Stores, Inc. (the “Company”), par value $0.001 per share (the “Agreement”), is hereby amended by this amendment (“Amendment”) effective July 20, 2016.

 

1.                                      Section 4 of the Agreement shall be deleted in its entirety and replaced with the following:

 

4.                                      Termination.

 

(a)                                 Termination by Death or Disability.  If the Participant’s Termination is by reason of death or Disability during the Restriction Period, all Restricted Stock still subject to restriction shall immediately vest and cease to be “Restricted Stock.”

 

(b)                                 Termination for Any Reason Other than Death or Disability.  Subject to Section 4(c) below, if the Participant’s Termination is for any reason other than the Participant’s death or Disability during the Restriction Period, all Restricted Stock still subject to restriction shall be forfeited.

 

(c)                                  Termination Without Cause or Resignation for Good Reason.  If the Participant’s Termination occurs during the Restriction Period and is due to involuntary termination without Cause or resignation for Good Reason (each as defined in the employment agreement between the Participant and the Company), the Restricted Stock shall, as of the date of such Termination, immediately vest with respect to the lesser of (x) 50% of the total number of Shares subject to this Agreement and (y) all of the Restricted Stock as of the date of such Termination. Any Restricted Stock that does not vest immediately upon the Termination as described above shall be forfeited effective upon such Termination.

 

2.                                      Except as expressly modified by this Amendment, the Agreements shall continue to be and remain in full force and effect in accordance with its terms.

 











 

3.                                      Capitalized terms used but not defined herein have the meaning ascribed to them in the applicable Agreement.

 

 

	
 
    	
SMART &   FINAL STORES, INC.
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
By:   
    	
/s/   Richard N. Phegley
    
	
 
    	
Name:
    	
Richard   N. Phegley
    
	
 
    	
Title:
    	
Senior   Vice President and Chief Financial Officer
    


 

2
Order filed, June 4, 2019

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 19

- 00445

- CR NO. 14

- 19

- 00446

- CR

____________ THE STATE OF TEXAS , Appellant

V.

JULIE ANN FAIRCHILD

- PORCHE , Appellee

On Appeal from the 183rd District Court

Harris County, Texa s Trial Court Cause No. 1581954 , 1627541



### ORDER
The reporter’s record in th ese case s w ere due May 7, 2019

. See Tex. R. App. P. 35.1. The court has not received a request to extend time for filing the
record. The record has not been filed with the court. Because the reporter’s record has not been filed timely, we issue the following order. We order Marcia Barnett, the official court reporter, to file the record in
these appeal s within 10 days of the date of this order

.

PER CURIAM
STATE v. TOLER.

No. COA07-337.

Court of Appeals of North Carolina.

Filed March 4, 2008.

Certification Date March 24, 2008.

Appeal from Johnston (06CRS50669, 06CRS50670, 06CRS50671).

Case reported without published opinion. No error.
# C_2023024EN.01006701.xml

| 23.1.2023 | EN | Official Journal of the European Union | C 24/67 |
| --- | --- | --- | --- |

23.1.2023

EN

Official Journal of the European Union

C 24/67

---

Action brought on 24 November 2022 — Khudaynatov v Council

(Case T-733/22)

(2023/C 24/92)

Language of the case: French

Parties

Applicant: Eduard Yurevich Khudaynatov (Moscow, Russia) (represented by: T. Bontinck, D. Rovetta and M. Moretto, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

| — | annul Council Decision (CFSP) 2022/1530 of 14 September 2022, (1) in so far as it makes Council Decision 2014/145/CFSP of 17 March 2014, as amended by Council Decision (CFSP) 2022/582 of 8 April 2022 including the applicant’s name in the annex to Council Decision 2014/145/CFSP applicable until 15 March 2023; |
| --- | --- |

—

annul Council Decision (CFSP) 2022/1530 of 14 September 2022, (1) in so far as it makes Council Decision 2014/145/CFSP of 17 March 2014, as amended by Council Decision (CFSP) 2022/582 of 8 April 2022 including the applicant’s name in the annex to Council Decision 2014/145/CFSP applicable until 15 March 2023;

| — | annul Council Implementing Regulation (EU) 2022/1529 of 14 September 2022, (2) in so far as it maintains the applicant’s name in the list set out in Annex I to Regulation (EU) 269/2014 of 17 March 2014 and |
| --- | --- |

—

annul Council Implementing Regulation (EU) 2022/1529 of 14 September 2022, (2) in so far as it maintains the applicant’s name in the list set out in Annex I to Regulation (EU) 269/2014 of 17 March 2014 and

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

—

order the Council to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law, which are, in essence, identical or similar to those raised in Case T-732/22, Deripaska v Council.

---

(1)  Council Decision (CFSP) 2022/1530 of 14 September 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 239, p. 149).

(2)  Council Implementing Regulation (EU) 2022/1529 of 14 September 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 239, p. 1).

---
CARROLL v. FERRO.

No. COA07-1417.

Court of Appeals of North Carolina.

Filed September 2, 2008.

Certification Date September 22, 2008.

Appeal from Mecklenburg (02CVS17941).

Case reported without published opinion. Reversed.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                             578
<INT-BEARING-DEPOSITS>                           2,755
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                        500
<INVESTMENTS-CARRYING>                           2,005
<INVESTMENTS-MARKET>                             1,994
<LOANS>                                         63,241
<ALLOWANCE>                                        152
<TOTAL-ASSETS>                                  70,319
<DEPOSITS>                                      52,883
<SHORT-TERM>                                     3,500
<LIABILITIES-OTHER>                                814
<LONG-TERM>                                         97
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                      13,015
<TOTAL-LIABILITIES-AND-EQUITY>                  70,319
<INTEREST-LOAN>                                  3,314
<INTEREST-INVEST>                                   96
<INTEREST-OTHER>                                    73
<INTEREST-TOTAL>                                 3,483
<INTEREST-DEPOSIT>                               1,863
<INTEREST-EXPENSE>                               1,906
<INTEREST-INCOME-NET>                            1,577
<LOAN-LOSSES>                                       27
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                    783
<INCOME-PRETAX>                                    833
<INCOME-PRE-EXTRAORDINARY>                         833
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       550
<EPS-BASIC>                                       0.72
<EPS-DILUTED>                                     0.71
<YIELD-ACTUAL>                                     3.1
<LOANS-NON>                                        140
<LOANS-PAST>                                       405
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   148
<CHARGE-OFFS>                                       23
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  152
<ALLOWANCE-DOMESTIC>                               152
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
# Commission Implementing Regulation (EU) No 435/2014Show full title

Commission Implementing Regulation (EU) No 435/2014 of 28 April 2014 establishing the standard import values for determining            the entry price of certain fruit and vegetables         

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U.K.

# Commission Implementing Regulation (EU) No 435/2014                     

# of 28 April 2014

# establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural                           markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1),                        

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application                           of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(2), and in particular Article 136(1) thereof,                        

Whereas:

(1)Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations,                              the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products                              and periods stipulated in Annex XVI, Part A thereto.

(2)The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU)                              No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its                              publication in the *Official Journal of the European Union*,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to                     this Regulation.                  

# Article 2U.K.

This Regulation shall enter into force on the day of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 April 2014.

*For the Commission*,                           

*On behalf of the President*,                           

Jerzy Plewa                            

*Director-General for Agriculture and Rural Development*                            

## ANNEXU.K.Standard import values for determining the entry price of certain fruit and vegetables

1

OJ L 299, 16.11.2007, p. 1.                           

2

OJ L 157, 15.6.2011, p. 1.
[Federal Register Volume 70, Number 175 (Monday, September 12, 2005)]
[Notices]
[Page 53775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17981]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Tri-County Advisory Committee Meeting

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the authorities in the Federal Advisory Committee 
Act (Pub. L. 92-463) and under the Secure Rural Schools and Community 
Self-Determination Act of 2000 (Pub. L. 106-393) the Beaverhead-
Deerlodge National Forest's Tri-County Resource Advisory Committee will 
meet on Thursday, October 6, 2005, from 4 p.m. to 8 p.m. in Deer Lodge, 
Montana, for a business meeting. The meeting is open to the public.

DATES: Thursday, October 6, 2005.

ADDRESSES: The meeting will be held at the USDA Service Center, 1002 
Hollenback Road, Deer Lodge, Montana.

FOR FURTHER INFORMATION CONTACT: Thomas W. Heintz, Designated Forest 
Official (DFO), Acting Forest Supervisor, Beaverhead-Deerlodge National 
Forest, at (406) 683-3973.

SUPPLEMENTARY INFORMATION: Agenda topics for this meeting includes a 
review of projects approved and proposed for funding as authorized 
under Title II of Pub. L. 106-393, new proposals for funding, and 
public comment. If the meeting location is changed, notice will be 
posted in local newspapers, including The Montana Standard.

    Dated: September 6, 2005.
Thomas W. Heintz,
Designated Federal Official.
[FR Doc. 05-17981 Filed 9-9-05; 8:45 am]
BILLING CODE 3410-11-M
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE JUNE 30,
1998 FORM 10Q OF JOHNS MANVILLE INTERNATIONAL GROUP, INC. AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                                        <C>
<PERIOD-TYPE>                              6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          16,011
<SECURITIES>                                     3,645
<RECEIVABLES>                                  303,672
<ALLOWANCES>                                     6,517
<INVENTORY>                                    140,378
<CURRENT-ASSETS>                               490,197
<PP&E>                                       1,515,887
<DEPRECIATION>                                 667,584
<TOTAL-ASSETS>                               1,780,803
<CURRENT-LIABILITIES>                          289,868
<BONDS>                                        533,241
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     460,065
<TOTAL-LIABILITY-AND-EQUITY>                 1,780,803
<SALES>                                        834,560
<TOTAL-REVENUES>                               834,560
<CGS>                                          618,964
<TOTAL-COSTS>                                  618,964
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   680
<INTEREST-EXPENSE>                              24,003
<INCOME-PRETAX>                                 93,008
<INCOME-TAX>                                    37,203
<INCOME-CONTINUING>                             55,805
<DISCONTINUED>                                       0
<EXTRAORDINARY>                               (30,148)
<CHANGES>                                       27,409
<NET-INCOME>                                    53,066
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
**Exhibit 32.1**

 

**CERTIFICATIONS OF PERIODIC REPORT**

 

I,John R. Serino, President and Chief Executive Officer of Encision Inc. (the “Company”),hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,18 U.S.C. Section 1350, that:

 

·                  the Quarterly Report on Form 10-Q of theCompany for the three months ended June 30, 2010 (the “Report”) fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

·                  the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company for the period covered by the Report.

 

Dated:    August 11, 2010

 

|   |   | /s/  John R. Serino          |   |
|--------|--------|------------------------------|--------|
|   |   | John  R. Serino              |   |
|   |   | Principal  Executive Officer |   |

 

I,Marcia McHaffie, Controller and Principal Accounting Officer of Encision Inc.(the “Company”), hereby certify, pursuant to Section 906 of theSarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

 

·                  the Quarterly Report on Form 10-Q of theCompany for the three months ended June 30, 2010 (the “Report”) fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

·                  the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company for the period covered by the Report.

 

Dated:    August 11, 2010

 

|   |   | /s/  Marcia McHaffie                                                      |   |
|--------|--------|---------------------------------------------------------------------------|--------|
|   |   | Marcia  McHaffie                                                          |   |
|   |   | Controller,  Principal Accounting Officer and Principal Financial Officer |

 

----
STATE v. George O. FREEMAN.

No. 475P07-2.

Supreme Court of North Carolina.

June 11, 2008.

Catherine F. Jordan, Assistant Attorney General, Peter S. Gilchrist, III, District Attorney, or State of NC.

The following order has been entered on the motion filed on the 14th day of May 2008 by Defendant for Petition for Writ of Discretionary Review in the Supreme Court of North Carolina:

"Motion Dismissed by order of the Court in conference this the 11th day of June 2008."
STATE v. Darius D. RUTLEDGE.

No. 184P08.

Supreme Court of North Carolina.

June 11, 2008.

Rudolph A. Ashton, III, New Bern, for Rutledge.

R. Stuart Albright, District Attorney.

The following order has been entered on the motion filed on the 3rd day of June 2008 by State of NC to Deem Response Timely Filed:

"Motion Allowed by order of the Court in conference this the 11th day of June 2008."
# C_2023252EN.01007901.xml

| 17.7.2023 | EN | Official Journal of the European Union | C 252/79 |
| --- | --- | --- | --- |

17.7.2023

EN

Official Journal of the European Union

C 252/79

---

Action brought on 31 May 2023 — Coinbase v EUIPO (C)

(Case T-304/23)

(2023/C 252/95)

Language of the case: English

Parties

Applicant: Coinbase, Inc. (Oakland, California, United-States) (represented by: M. Zintler, N. Schmidt-Hamkens and F. Stoll, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPOs

Trade mark at issue: International registration designating the European Union in respect of the figurative mark C — Application for registration No 1 629 156

Contested decision: Decision of the First Board of Appeal of EUIPO of 30 March 2023 in Case R 2001/2022-1

Form of order sought

The applicant claims that the Court should:

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

—

annul the contested decision;

| — | declare that Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council does not preclude the registration of the trade mark at issue in respect of the claimed goods and services; |
| --- | --- |

—

declare that Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council does not preclude the registration of the trade mark at issue in respect of the claimed goods and services;

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

—

order EUIPO to pay the costs.

Pleas in law

| — | Infringement of Article 7(1)(b) Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(1)(b) Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of the principles of equal treatment and sound administration. |
| --- | --- |

—

Infringement of the principles of equal treatment and sound administration.

---
# Commission Regulation (EU) No 106/2014Show full title

Commission Regulation (EU) No 106/2014 of 3 February 2014 establishing a prohibition of fishing for skates and rays in EU            waters of VIId by vessels flying the flag of The Netherlands         

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U.K.

# Commission Regulation (EU) No 106/2014                     

# of 3 February 2014

# establishing a prohibition of fishing for skates and rays in EU waters of VIId by vessels flying the flag of The Netherlands

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring                           compliance with the rules of the common fisheries policy(1), and in particular Article 36(2) thereof,                        

Whereas:

(1)Council Regulation (EU) No 39/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available to EU vessels for                              certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements(2), lays down quotas for 2013.

(2)According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation                              by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for                              2013.

(3)It is therefore necessary to prohibit fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

## Article 1U.K.Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein                     for 2013 shall be deemed to be exhausted from the date set out in that Annex.                  

## Article 2U.K.Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in                     the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited                     to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.                  

## Article 3U.K.Entry into force

This Regulation shall enter into force on the day following that of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 February 2014.

*For the Commission, On behalf of the President*,                           

Lowri Evans                            

*Director-General for Maritime Affairs and Fisheries*                            

## ANNEXU.K.

1

OJ L 343, 22.12.2009, p. 1.                           

2

OJ L 23, 25.1.2013, p. 1.