alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
a50911397ex10_4.htm


Exhibit 10.4


 


 



First Amendment to Amended and Restated Employment Agreement


 


1.           This first amendment (the “First Amendment”) is made by B/E Aerospace, Inc. (the “Company”) and Thomas P. McCaffrey (“Executive”), parties to that certain Amended and Restated Employment Agreement dated July 29, 2013 (the “Agreement”).


 


2.           The Agreement is amended as follows:


 


In the first sentence of Section 5(a) of the Agreement:


 


the phrase “and (ii)” shall be deleted and replaced by the phrase “(ii) for purposes of Section 5(e), and following the occurrence of a Change of Control (as defined below), the date of the Change of Control, or (iii)”; and


 


the word “other” shall be inserted between the words “any” and “reason”.


 


3.           Except as set forth in this First Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms, and any previous amendments thereto. If there is conflict between this First Amendment and the Agreement or any earlier amendment, the terms of this First Amendment will prevail.


 


[SIGNATURE PAGE TO FOLLOW]


 




  





  











  






 


IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date written below.


 












	
 

	
EXECUTIVE


	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	/s/ Thomas P. McCaffrey	 
	 	


Thomas P. McCaffrey




	 	 
	 	Dated: 	May 12, 2014	 









 


 


 






	
 

	
B/E Aerospace, Inc.


	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	/s/ Amin J. Khoury	 
	 	



Amin J. Khoury






	 	


Chairman and Chief Executive Officer




	 	 
	 	Dated: 	May 12, 2014	 

















 


 


- 2 -
State v. James Howard Killian

459P16-1

Supreme Court of North Carolina.

December 22, 2016.

Mr. Jeffrey William Gillette, Mr. Michael E. Casterline, Attorneys at Law, For Killian, James Howard.

Ms. Yvonne B. Ricci, Assistant Attorney General, Mr. Todd Williams, District Attorney, For State of North Carolina.

The following order has been entered on the motion filed on the 21st of December 2016 by Defendant for Temporary Stay:

"Motion Allowed by order of the Court in conference, this the 22nd of December 2016."
<TABLE> <S> <C>


<ARTICLE>                                            9
<MULTIPLIER>                                      1000

<S>                                            <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              DEC-31-1995
<PERIOD-END>                                   MAR-31-1996
<CASH>                                              27,893
<INT-BEARING-DEPOSITS>                               4,021
<FED-FUNDS-SOLD>                                         0
<TRADING-ASSETS>                                         0
<INVESTMENTS-HELD-FOR-SALE>                         31,027
<INVESTMENTS-CARRYING>                             154,657
<INVESTMENTS-MARKET>                               154,181
<LOANS>                                            287,504
<ALLOWANCE>                                          1,513
<TOTAL-ASSETS>                                     519,196
<DEPOSITS>                                         337,992
<SHORT-TERM>                                         5,000
<LIABILITIES-OTHER>                                  8,547
<LONG-TERM>                                         93,359
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               529
<OTHER-SE>                                          73,769
<TOTAL-LIABILITIES-AND-EQUITY>                     519,196
<INTEREST-LOAN>                                      5,280
<INTEREST-INVEST>                                    3,401
<INTEREST-OTHER>                                       309
<INTEREST-TOTAL>                                     8,990
<INTEREST-DEPOSIT>                                   3,178
<INTEREST-EXPENSE>                                   4,582
<INTEREST-INCOME-NET>                                4,408
<LOAN-LOSSES>                                           30
<SECURITIES-GAINS>                                     223
<EXPENSE-OTHER>                                      2,746
<INCOME-PRETAX>                                      2,323
<INCOME-PRE-EXTRAORDINARY>                           2,323
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                         1,394
<EPS-PRIMARY>                                          .33
<EPS-DILUTED>                                          .33
<YIELD-ACTUAL>                                        3.48
<LOANS-NON>                                             56
<LOANS-PAST>                                         1,545
<LOANS-TROUBLED>                                         0
<LOANS-PROBLEM>                                          0
<ALLOWANCE-OPEN>                                     1,484
<CHARGE-OFFS>                                            1
<RECOVERIES>                                             0
<ALLOWANCE-CLOSE>                                    1,513
<ALLOWANCE-DOMESTIC>                                 1,513
<ALLOWANCE-FOREIGN>                                      0
<ALLOWANCE-UNALLOCATED>                              1,513



</TABLE>
Order entered December 2 9 , 2016

In The 

## Court of Appeals **Fifth District of Texas at Dallas** No. 05 - 16 - 01487 - CV No. 05 - 16 - 0148 8 - CV No. 05 - 16 - 0148 9 - CV IN RE WALTER CORTEZ, Rela t or Original Proceeding from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. F - 0730377 , F - 0730378, and F - 0730557 

### O RDER Based on the Court’s opinion of this date, we DENY relator’s December 19, 2016 petition for writ of mandamus.

/s/ DAVID J. SCHENCK JUSTICE
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF DISH, LTD. AS OF AND FOR THE YEAR ENDED DECEMBER 31,
1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          35,682
<SECURITIES>                                         0
<RECEIVABLES>                                   67,392
<ALLOWANCES>                                     1,347
<INVENTORY>                                     22,993
<CURRENT-ASSETS>                               152,466
<PP&E>                                         591,130
<DEPRECIATION>                                (85,783)
<TOTAL-ASSETS>                                 744,441
<CURRENT-LIABILITIES>                          472,264
<BONDS>                                        540,358
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   (396,516)
<TOTAL-LIABILITY-AND-EQUITY>                   744,441
<SALES>                                        464,767<F1>
<TOTAL-REVENUES>                               475,902
<CGS>                                          277,997<F2>
<TOTAL-COSTS>                                  700,160
<OTHER-EXPENSES>                                66,749
<LOSS-PROVISION>                                 4,163
<INTEREST-EXPENSE>                              68,163<F3>
<INCOME-PRETAX>                              (291,007)
<INCOME-TAX>                                     (146)
<INCOME-CONTINUING>                          (291,153)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (291,153)
<EPS-PRIMARY>                                (291,153)
<EPS-DILUTED>                                (291,153)
<FN>
<F1>INCLUDES SALES OF PROGRAMMING
<F2>INCLUDES COSTS OF PROGRAMMING
<F3>NET OF AMOUNTS CAPITALIZED
</FN>


</TABLE>
STATE v. Adam Robert JACKSON

397A16-1

Supreme Court of North Carolina.

November 7, 2016

Danielle Blass, Attorney at Law, G. Glenn Gerding, Attorney at Law, for Jackson, Adam Robert.

Joseph A. Newsome, Attorney at Law, Raleigh, Sarah Kirkman, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 4th of November 2016 by Defendant for Current Appellate Counsel to Deliver Entire File to the Office of Appellate Defender:

"Motion Allowed by order of the Court in conference, this the 7th of November 2016."
Exhibit 31.1  Section 302 Certification of Chief Executive Officer and Chief Financial Officer    I, Stephen B. Schneer, certify that:  1. I have reviewed this quarterly report on Form 10-Q of Develocap, Inc.  2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;  3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;  4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:  a) designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;  b) evaluated the effectiveness of the registrants disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the Evaluation Date); and  c) presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;  5. I have disclosed, based on our most recent evaluation, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):  a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrants ability to record, process, summarize and report financial data and have identified for the registrants auditors any material weaknesses in internal controls; and  b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls.  6. I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.  Date: December 11, 2007  /s/ Stephen B. Schneer Stephen B. Schneer Chief Executive Officer and Chief Financial Officer
# C_2010037EN.01004805.xml

| 13.2.2010 | EN | Official Journal of the European Union | C 37/48 |
| --- | --- | --- | --- |

13.2.2010

EN

Official Journal of the European Union

C 37/48

---

Order of the General Court of 14 December 2009 — UMG Recordings v OHIM — Osman (MOTOWN)

(Case T-143/07) (1)

1

2010/C 37/73

Language of the case: English

Language of the case: English

The President of the Third Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 140, 23.6.2007.

1

---
**Judgment of the Court of First Instance (Fourth Chamber) of 8 July 2009 – Laboratorios Del Dr. Esteve v OHIM – Ester C (ESTER-E)**

**(Case T-230/07)**

Community trade mark – Opposition proceedings – Application for Community word mark ESTER-E – Earlier Community figurative mark ESTEVE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
– Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 39, 41, 46, 48, 56,
60)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 April 2007 (Case R 737/2006‐2) concerning opposition proceedings between Laboratorios Del Dr. Esteve, SA and The Ester C Company. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | The Ester C Company |
| Community trade mark sought: | The Community word mark ‘ESTER-E’ for goods and services in Classes 3 and 5 – Application No 3163946 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Laboratorios Del Dr. Esteve, SA |
| Mark or sign cited in opposition: | The Community figurative mark ‘ESTEVE’ for goods in Classes 1, 5 and 42 and the national figurative marks ‘ESTEVE’ and ‘ESTEVE-Laboratorio Del Dr. Esteve S.A.’ for goods in Class 5 |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Opposition dismissed |

**Operative part**

The Court:

1.      Dismisses the action;

2.      Orders Laboratorios Del Dr. Esteve, SA to pay the costs.
GREENE v. WHITE

424P16-2

Supreme Court of North Carolina.

December 12, 2016

Corey Delon Greene, for Greene, Corey Delon.

Kristin Jo Uicker, Assistant Attorney General, Sarah Kirkman, District Attorney, for State of North Carolina

The following order has been entered on the motion filed on the 9th of December 2016 by Petitioner for Petition for Discretionary Review:

"Motion Denied by order of the Court in conference, this the 9th of December 2016."
STATE of North Carolina v. William Sheldon HOWELL

No. 455PA16

Supreme Court of North Carolina.

March 16, 2017.

Edward Eldred, Attorney at Law, for Howell, William Sheldon.

Tracy Nayer, Assistant Attorney General, Greg Newman, District Attorney, for State of North Carolina

***ORDER***

Upon consideration of the petition filed by State of NC on the 20th of December 2016 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 16th of March 2017."

*790Upon consideration of the petition filed on the 12th of January 2017 by State of NC 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:

"Allowed by order of the Court in conference, this the 16th of March 2017."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).
----

EXHIBIT 31.2

CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 

I, Sass Peress, Principal Accounting Officer of ICP SolarTechnologies Inc. (the "registrant"), certify that: 

1. 

I havereviewed this quarterly report on Form 10-Q of ICP Solar Technologies Inc.; 

2. 

Based on myknowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this quarterly report; 

3. 

Based on myknowledge, the financial statements, and other financial information included inthis quarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this quarterly report; 

4. 

Theregistrant's other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the registrant and we have: 

a) 

designed suchdisclosure controls and procedures to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisquarterly report is being prepared; 

b) 

evaluated theeffectiveness of the small business issuer's disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and 

c) 

disclosed inthis report any change in the registrant's internal control over financialreporting that occurred during the registrant's most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, theregistrant's internal control over financial reporting; and 

5. 

Theregistrant's other certifying officer and I have disclosed, based on our mostrecent evaluation, to the registrant's auditors and the audit committee ofregistrant's board of directors (or persons performing the equivalent function):

a) 

allsignificant deficiencies and material weaknesses in the design or operation ofour financial reporting internal controls which are reasonably likely toadversely affect the registrant's ability to record, process, summarize andreport financial information; and 

b) 

any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant's internal controls over financial reporting. 

Date: December 21, 2009 

/s/ *Sass Peress*---------------------------------- Sass Peress Principal Accounting Officer

----
# Official Journal C 151/2019

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 151 |
| | |
| English edition | Information and Notices | Volume 623 May 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 151

English edition

Information and Notices

Volume 623 May 2019

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2019/C 151/01 | Non-opposition to a notified concentration (Case M.9172 — Liberty House Group/ArcelorMittal Divestment Businesses) (
  1
  ) | 1 |
| 2019/C 151/02 | Non-opposition to a notified concentration (Case M.9347 — OEP/WP Group) (
  1
  ) | 1 |
| 2019/C 151/03 | Non-opposition to a notified concentration (Case M.9288 — CACF/BBPM/Agos Ducato/ProFamily) (
  1
  ) | 2 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2019/C 151/01

Non-opposition to a notified concentration (Case M.9172 — Liberty House Group/ArcelorMittal Divestment Businesses) (
  1
  )

1

1

2019/C 151/02

Non-opposition to a notified concentration (Case M.9347 — OEP/WP Group) (
  1
  )

1

1

2019/C 151/03

Non-opposition to a notified concentration (Case M.9288 — CACF/BBPM/Agos Ducato/ProFamily) (
  1
  )

1

2

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2019/C 151/04 | Interest rate applied by the European Central Bank to its main refinancing operations: 0,00 % on 1 May 2019 — Euro exchange rates | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2019/C 151/04

Interest rate applied by the European Central Bank to its main refinancing operations: 0,00 % on 1 May 2019 — Euro exchange rates

3

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2019/C 151/05 | Notice of initiation of an anti-dumping proceeding concerning imports of continuous filament glass fibre products originating in Bahrain and Egypt | 4 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2019/C 151/06 | Prior notification of a concentration (Case M.9238 — INEOS/Ashland Global (Composites Business and Butanediol Manufacturing Facility)) (
  1
  ) | 14 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2019/C 151/05

Notice of initiation of an anti-dumping proceeding concerning imports of continuous filament glass fibre products originating in Bahrain and Egypt

4

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2019/C 151/06

Prior notification of a concentration (Case M.9238 — INEOS/Ashland Global (Composites Business and Butanediol Manufacturing Facility)) (
  1
  )

1

14

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN