alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.1



 Exhibit 10.1 

FIRST AMENDMENT TO PIER 1 IMPORTS, INC. STOCK PURCHASE PLAN 

WHEREAS, the Pier 1 Imports, Inc. Stock Purchase Plan (the “Plan”) was established in 1980 and was most recently amended and
restated on December 1, 2013; 
 NOW THEREFORE: 

A. The first sentence of Article VII of the Plan is replaced with the following: 

“Unless previously terminated by the Board of Directors, the Plan will automatically terminate on the earlier of (i) June 20,
2024, or (ii) when an aggregate of 3,500,000 shares of Common Stock, plus 881,923 authorized shares of Common Stock which remained available for issuance under the Plan on March 28, 2009, have been issued after June 29, 2010.”

 B. All terms used in this First Amendment, unless specifically defined herein, have the same meanings attributed to them in the Plan. As
amended hereby, the Plan is specifically ratified and reaffirmed. 
 Signed effective as of June 20, 2014. 

 

			
	Pier 1 Imports, Inc.,
	a Delaware corporation
		
	By:	 	/s/ Gregory S. Humenesky 
		 	Gregory S. Humenesky
		 	Executive Vice President
Ashley Keith Pittman, and Wife, Deanna Pittman v. Henry Moncure Motors, Inc., Mobile Home Sales, a Corporation, and Crestline Homes, Inc., a Corporation

No. 334P15

Supreme Court of North Carolina.

June 9, 2016

Geoffrey Paul Davis, Attorney at Law, For Henry Moncure Motors, Inc.

Gilbert Chichester, Attorney at Law, Rocky Mount.

Jimmie R. Barnes, Attorney at Law, Roanoke Rpds, For Pittman, Ashley Keith, et al.

**ORDER**

Upon consideration of the petition filed on the 1st of October 2015 by Defendant (Henry Moncure Motors, Inc.) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Denied by order of the Court in conference, this the 9th of June 2016."
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          94,825
<SECURITIES>                                    45,780
<RECEIVABLES>                                  307,983
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               615,507
<PP&E>                                         380,627
<DEPRECIATION>                                 134,869
<TOTAL-ASSETS>                               1,092,644
<CURRENT-LIABILITIES>                          287,106
<BONDS>                                        178,922
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         33
<COMMON>                                         1,037
<OTHER-SE>                                     597,723
<TOTAL-LIABILITY-AND-EQUITY>                   963,808
<SALES>                                              0
<TOTAL-REVENUES>                               886,051
<CGS>                                                0
<TOTAL-COSTS>                                  793,084
<OTHER-EXPENSES>                                (6,394)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,629
<INCOME-PRETAX>                                 90,732
<INCOME-TAX>                                    29,567
<INCOME-CONTINUING>                             61,165
<DISCONTINUED>                                   2,452
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    63,617
<EPS-BASIC>                                       0.61
<EPS-DILUTED>                                     0.57


</TABLE>
In the Matter of: D.S.

No. COA16-408

Court of Appeals of North Carolina.

Filed: October 4, 2016

AFFIRMED.
State of North Carolina v. Billy Floyd Pless, Jr., Defendant.

No. COA16-81

Court of Appeals of North Carolina.

Filed: August 16, 2016

NO ERROR.
### The Honorable Charles B. Kornmann, United States District 1 

### Judge for the District of South Dakota. ___________ No. 95-4228

___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * District of South Dakota. * Marion His Law, also known as * [PUBLISHED] Charlie Boy His Law, * * Appellant. *

___________ Submitted: April 4, 1996 Filed: June 5, 1996

___________ Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________ PER CURIAM. Ma rionHis Law challenges the sentence the district court impose d 1 after h e pleaded guilty to distributing and possessing with intent t o distr ibute marijuana, in violation of 21 U.S.C. § 841. The governmen t argues the appeal should be dismissed because His Law agreed in the plea agreement to waive his right to appeal, or challenge via post-conviction writ s of habeas corpus or coram nobis, the district court's entry o f judgment and imposition of sentence. We constru e this as a promise on His Law's part not to appeal his sentence. We have held that a promise made ina plea agreement is binding on the government and may be specifically enforced by a defendant. United States v. Kelly , 18 F.3d 612,

### -2-

615-16 (8th Cir. 1994). We conclude that this principle applies with equa l force against defendants and therefore against His Law in this case. We therefore specifically enforce His Law's promise against him by dismissing his appeal. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
March 30, 2011

CONSENT OF ENGINEERS



Reference is made to the Annual Information Form to be included in the Annual Report on Form 40-F (collectively, the 40-F) of Nevsun Resources Ltd. to be filed with the United States Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended.

The undersigned hereby consent to (i) the references to each of their names in the 40-F as having prepared the report entitled  Nevsun Resources Limited, Bisha Polymetallic Operation Eritrea, Africa, NI 43-101 Technical Report  dated 01 January 2011, revised 29 March 2011, and (ii) to the use of the report in the 40-F.



/s/ David ThomasName: David Thomas, P.Geo.
Title:   Principal Geologist, 
AMEC Americas Limited, Vancouver/s/ Jay MelnykName: Jay Melnyk, P.Eng.
Title:   Principal Mining Engineer
AMEC Americas Limited, Vancouver/s/ Alexandra Kozak 
Name: Alexandra Kozak, P.Eng.
Title:   Manager, Process Engineering
AMEC Americas Limited, Vancouver/s/ V. KheraName: Vikram Khera, P. Eng.
Title:   Financial Analyst
 AMEC Americas Limited, VancouverOn behalf of AMEC Americas Limited

_/s/ G. Oryall______
Name: Greg Oryall, P. Eng.
Title:   VP Business Development and Strategy AMEC Americas Limited, Vancouver
STATE of North Carolina v. Kedron Devon LYONS.

No. COA15-418.

Court of Appeals of North Carolina.

Dec. 15, 2015.

**Case Reported Without Published Opinion**

No Plain Error.
**EXHIBIT23.1**

**Consent ofIndependent Registered Public Accounting Firm**

We consent to theincorporation by reference in the following Registration Statements:

1)              Form S-8and the Post-Effective Amendment No. 1 to the Form S-8(Registration No. 333-07295) pertaining to the 1993 Stock OptionPlan, 1996 Director’s Stock Option Plan and Employees and Consultants StockOption Agreement/Plan

2)              Form S-8(Registration No. 333-58303) pertaining to the 1993 Stock OptionPlan, and 1998 Employee Stock Purchase Plan

3)              Form S-8(Registration No. 333-87369) pertaining to the 1993 Stock OptionPlan, the Form S-8 (Registration No. 333-44736)pertaining to the 1993 Stock Option Plan

4)              Form S-8(Registration No. 333-86644) pertaining to the 1996 Directors’ StockOption Plan and 1998 Employee Stock Purchase Plan

5)              Post-EffectiveAmendment No. 6 on Form S-3 to Form SB-2 (Form SB-2No. 333-476-LA) for the registration of 4,477,402 shares ofcommon stock and 328,500 warrants to purchase common stock

6)              Form S-3(Registration No. 333-88051) for the registration of 2,014,036shares of common stock

7)              Form S-3(Registration No. 333-52326) for the registration of 697,533 sharesof common stock

8)              Form S-3(Registration No. 333-95177) for the registration of 136,130 sharesof common stock

9)              Form S-3(Registration No. 333-100707) for the registration of 3,930,800shares of common stock

10)       Form S-3(Registration No. 333-104255) for the registration of 11,549,219shares of common stock

11)       Form S-3(Registration No. 333-107301) for the registration of 5,004,000shares of common stock

12)       Form S-8(Registration No. 333-110152) pertaining to the 2003 Stock Plan andrelated prospectuses

13)       Form S-3(Registration No. 333-113858) for the registration of 6,153,454shares of common stock

14)       Form S-3(Registration No. 333-120502) for the registration of 4,400,000shares of common stock, and

15)       Form S-8(Registration No. 333-120505) pertaining to the 1998 Employee StockPurchase Plan,

of ourreport dated March 15, 2005, with respect to the consolidated financialstatements of SuperGen, Inc., SuperGen, Inc. management’s assessmentof the effectiveness of internal control over financial reporting, and theeffectiveness of internal control over financial reporting of SuperGen, Inc.,  included in the Annual Report on Form 10-Kfor the year ended December 31, 2004.
|                       | /s/ ERNST & YOUNG LLP |
|-----------------------|--------------------------------|
| Palo Alto, California |                           |
| March 15, 2005   |                           |

 

----
STATE v. Jeremy Lynn BENFIELD.

No. 23P16-1.

Supreme Court of North Carolina.

March 17, 2016.

Newton G. Pritchett, Jr., Assistant Attorney General, for State.

Robert C. Montgomery, Special Deputy Attorney General, for State of North Carolina.

Jeremy Lynn Benfield, Brunswick, for Benfield, Jeremy Lynn.

Sarah Kirkman, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 19th of January 2016 by Defendant for Petition for Discretionary Review:

> "Motion Denied by order of the Court in conference, this the 17th of March 2016."

HUDSON, J. recused.
Chamberlain v. Newton, et al.

39P14-2

Supreme Court of North Carolina.

June 9, 2016

Robert S. Chamberlain, Pro Se.

Kimberly N. Callahan, Assistant Attorney General, For State of North Carolina.

The following order has been entered on the motion filed on the 24th of March 2016 by Petitioner for Complaint/Grievance/Petition:

"Motion Dismissed by order of the Court in conference, this the 9th of June 2016."
# C_2009082EN.01000301.xml

| 4.4.2009 | EN | Official Journal of the European Union | C 82/3 |
| --- | --- | --- | --- |

4.4.2009

EN

Official Journal of the European Union

C 82/3

---

Judgment of the Court (Second Chamber) of 12 February 2009 — Commission of the European Communities v Hellenic Republic

(Case C-45/07) (1)

1

(Failure of a Member State to fulfil obligations - Articles 10 EC, 71 EC and 80(2) EC - Maritime safety - Monitoring of ships and port facilities - International agreements - Division of powers between the Community and the Member States)

(2009/C 82/04)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: K. Simonsson, M. Konstantinidis, F. Hoffmeister and I. Zervas, Agents)

Applicant:

Defendant: Hellenic Republic (represented by: A. Samoni-Rantou and S. Chala, Agents)

Defendant:

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: I. Rao, Agent, and D. Anderson QC)

Intervener in support of the defendant:

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 10, 71 and 80(2) of the EC Treaty — Submission to an international organisation of a proposal which falls within a field covered by exclusive Community external competence — Maritime safety — Proposal for monitoring the compliance of ships and port facilities with the requirements of Chapter XI-2 of SOLAS and the ISPS Code

Operative part of the judgment

The Court:

| 1. | Declares that, by submitting to the International Maritime Organisation (IMO) a proposal (MSC 80/5/11) for monitoring the compliance of ships and port facilities with the requirements of Chapter XI-2 of the International Convention for the Safety of Life at Sea, concluded in London on 1 November 1974, and the International Ship and Port Facility Security Code, the Hellenic Republic has failed to fulfil its obligations under Articles 10 EC, 71 EC and 80(2) EC. |
| --- | --- |

1.

Declares that, by submitting to the International Maritime Organisation (IMO) a proposal (MSC 80/5/11) for monitoring the compliance of ships and port facilities with the requirements of Chapter XI-2 of the International Convention for the Safety of Life at Sea, concluded in London on 1 November 1974, and the International Ship and Port Facility Security Code, the Hellenic Republic has failed to fulfil its obligations under Articles 10 EC, 71 EC and 80(2) EC.

| 2. | Orders the Hellenic Republic to pay the costs. |
| --- | --- |

2.

Orders the Hellenic Republic to pay the costs.

---

(1)  OJ C 82, 14.4.2007.

1

---
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 R.G. Global Lifestyles, Inc., on Form 10-QSB for the period ended September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his 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 results of operation of the Company.



Dated:  October 19, 2004





/s/ Louis L. Knickerbocker

Louis L. Knickerbocker, Chairman and Chief Executive Officer



/s/ William C. Hitchcock

William C. Hitchcock, Chief Financial Officer
Owen D. LEAVITT v. STATE of North Carolina.

No. 191P16.

Supreme Court of North Carolina.

May 19, 2016.

Owen D. Leavitt, for Leavitt, Owen D.

Kimberly N. Callahan, Assistant Attorney General, for State of North Carolina.

Michael D. Waters, District Attorney, for State of North Carolina.

*ORDER*

Upon consideration of the application filed by Petitioner on the 18th of May 2016 in this matter for Writ of Habeas Corpus, the following order was entered and is hereby certified to the Superior Court, Warren County:

> "Denied by order of the Court in conference, this the 19th of May 2016."
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3942 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3942

 To amend the Internal Revenue Code of 1986 to extend for one year the 
           deduction of State and local general sales taxes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2014

 Mr. Grayson 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 extend for one year the 
           deduction of State and local general sales taxes.

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

SECTION 1. EXTENSION OF DEDUCTION OF STATE AND LOCAL GENERAL SALES 
              TAXES.

    (a) In General.--Subparagraph (I) of section 164(b)(5) of the 
Internal Revenue Code of 1986 is amended by striking ``January 1, 
2014'' and inserting ``January 1, 2015''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2013.
                                 <all>
```
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

In connection with the Annual Report of Trans
Energy, Inc. (the Company) on Form 10-K for the period ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James K. Abcouwer, Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

(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.



|                                               
|-----------------------------------------------
|/s/ JOHN G. CORP                               
|John G. Corp                                   
|Principal Executive Officer 
September 26, 2013

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. The foregoing certifications are accompanying the Companys Form 10-K solely pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section
1350, chapter 63 of title 18, United States Code) and is not being filed as part of the Form 10-K or as a separate disclosure document.
Order Michigan Supreme Court

Lansing, Michigan 

September 24, 2008 Clifford W. Taylor,

 Chief Justice 

136542-43 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. RICK PETERSEN, Stephen J. Markman, Plaintiff-Appellee, Justices 

v SC: 136542-43 

 COA: 273293-94 

WCAC: 03-000036, 03-000260

MAGNA CORPORATION and MIDWEST 

EMPLOYERS CASUALTY COMPANY,

Defendants-Appellants, 

and 

BCN TRANSPORTATION SERVICES, INC.;

KOLEASECO, INC. and CITIZENS

INSURANCE COMPANY OF AMERICA;

KOLEASECO, INC. and ACCIDENT FUND

OF AMERICA; BCN TRANSPORTATION 

SERVICES and TIG INSURANCE COMPANY; 

MAGNA CORPORATION and TIG INSURANCE 

COMPANY; and SERTA RESTOKRAFT 

MATTRESS COMPANY, INC. and

HARLEYSVILLE LAKE STATES INSURANCE 

COMPANY, 

 Defendants-Appellees. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the April 17, 2008 

judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issue 

of the proration of attorney fees in MCL 418.315(1). The parties shall include among the 

questions to be briefed: (1) what is the meaning of the term “prorate” in the last sentence 

of § 315(1), and whether that term represents an exception to the American Rule 

regarding attorney fees (see Haliw v City of Sterling Heights, 471 Mich 700, 707 (2005)); 

(2) whether the magistrate’s authority to prorate attorney fees is limited to the parties to 

the worker’s compensation action; and if so, does the penultimate sentence of MCL 

418.315(1) limit which parties are subject to proration; and (3) what is the status, if any, 

of health care providers and medical insurers in prorating of attorney fees. 
 _________________________________________ 

 

2 

The Clerk of the Court is directed to place this case on the January 2009 session 

calendar for argument and submission. Appellants’ brief and appendix must be filed no 

later than November 10, 2008, and appellee’s brief and appendix, if appellee chooses to 

submit an appendix, must be filed no later than December 12, 2008. 

The Worker’s Compensation Section of the State Bar of Michigan, the Michigan 

Self-Insurers’ Association, and Blue Cross and Blue Shield of Michigan are invited to file 

briefs amicus curiae, to be filed no later than December 26, 2008. Other persons or 

groups interested in the determination of the issues presented in this case may move the 

Court for permission to file briefs amicus curiae, with such briefs to be filed no later than 

December 26, 2008. 

0923 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

September 24, 2008 

 Clerk
Exhibit 32.2





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 Sustainable Environmental Technologies Corporation (the "Company") on Form 10-Q/A for the quarter ended June 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Cynthia Glaser, Chief Financial and Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2001, that:





The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated: September 20, 2011


By:
/s/ Cynthia GlaserCynthia GlaserChief Financial Officer and Principal Accounting Officer
I 

113TH CONGRESS 

2D SESSION H. R. 3827 

To prohibit the United States from providing financial assistance to Benin 

until Mr. Mojaidou Soumanou is released from prison. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2014 

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

Committee on Foreign Affairs 

A BILL 

To prohibit the United States from providing financial assistance to Benin until Mr. Mojaidou Soumanou is released 

from prison. 

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

3 SECTION 1. PROHIBITION ON FOREIGN ASSISTANCE TO 

4 BENIN. 

5 The United States may not obligate or expend any 

6 direct financial assistance to the Government of the Re7 public of Benin unless— 

8 (1) Mr. Mojaidou Soumanou is released from 

9 prison; or 


emcdonald on DSK67QTVN1PROD with BILLS
2 

HR 3827 IH

1 (2) the U.S. Secretary of State determines that 

2 such assistance is needed as emergency disaster re3 lief. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS