alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-4.4





 Exhibit 4.4 

SECOND AMENDMENT 
 OF THE
AERIE PHARMACEUTICALS, INC. 
 SECOND AMENDED & RESTATED 

INDUCEMENT AWARD PLAN 

THIS SECOND AMENDMENT of the Aerie Pharmaceuticals, Inc. Second Amended & Restated Inducement Award Plan is dated as of
March 11, 2022. 
 WHEREAS, the Board of Directors of Aerie Pharmaceuticals, Inc. (the “Company”) has adopted the
Aerie Pharmaceuticals, Inc. Second Amended & Restated Inducement Award Plan (the “Plan”); and 
 WHEREAS, the
Board of Directors deems it to be in the best interest of the Company to amend the Plan as more particularly set forth below. 
 NOW,
THEREFORE, the Plan shall be amended as follows: 
 The first sentence of Paragraph 4 of the Plan shall be deleted in its entirety and the following
substituted in lieu thereof: 
 Subject to any adjustment as provided in the Plan, the maximum number of Shares that may be issued pursuant to Awards
granted under the Plan shall not exceed 4,092,500. 
 IN WITNESS WHEREOF, the undersigned Secretary of the Company certifies that the
foregoing Second Amendment to the Plan was duly adopted by the Board of Directors. 
  

			
	AERIE PHARMACEUTICALS, INC.
		
	By:	 	 /s/ John LaRocca

	Name:	 	John LaRocca
	Title:	 	General Counsel and Secretary
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                              JAN-1-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           3,088
<SECURITIES>                                    13,042
<RECEIVABLES>                                    5,110
<ALLOWANCES>                                     1,481
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         284,836
<DEPRECIATION>                                  23,142
<TOTAL-ASSETS>                                 299,370
<CURRENT-LIABILITIES>                                0
<BONDS>                                        199,712
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      88,043
<TOTAL-LIABILITY-AND-EQUITY>                   299,370
<SALES>                                              0
<TOTAL-REVENUES>                                55,180
<CGS>                                                0
<TOTAL-COSTS>                                   32,041
<OTHER-EXPENSES>                                 6,236
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              17,142
<INCOME-PRETAX>                                  4,176
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              4,176
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,176
<EPS-PRIMARY>                                     1.04
<EPS-DILUTED>                                     1.04
        

</TABLE>
EEOICPA MEMORANDUM

Date: January 15, 2002

To: District Offices

From: Branch of Policies, Regulations and Procedures

Re: Withdrawal of Claims

Subpart B Section 30.100(b) and Section 30.101(b) of the regulations note that claims for 

compensation may be withdrawn by an employee or survivor. The circumstances under 

which this may be done are as follows:

 1) The request to withdraw a claim must be in writing

 2) The request must be made before the claim is adjudicated. 

Upon receipt of written notice of the intent to withdraw a claim prior to adjudication, the 

case file should be coded C1 (closed administratively - claim withdrawn by claimant) in 

the ECMS. Based on this closed status, any bills submitted will reject for payment. All 

paperwork and the case file should be retained.

The employee or survivor should be advised in writing of the closure of the case and the 

fact that no further action will currently be taken on the claim. If the claimant later 

desires to reopen the claim, he/she will be required to submit such a request in writing. 

Upon receipt of the request, the claims examiner will take further development action. A 

sample letter is attached.
Attachment

Dear :

Your written request to withdraw your claim has been received. As we received your 

withdrawal prior to a determination being made regarding your eligibility for benefits, 

your case has been closed. No further action will be taken in regard to your claim at this 

time. If you should later desire reopening of your case, please advise this office in 

writing. Upon receipt of a later request to reopen the claim, the claims examiner will take 

further development actions.

Should you have any questions, please contact me.

Sincerely,

Claims Examiner
Written Statement of the Trustee

     Pursuant to 18 U.S.C. Section 1350, I, the undersigned Trustee of the
Journal Employees' Stock Trust (the "Trust"), hereby certify, based on my
knowledge, that the Quarterly Report on Form 10-Q of the Trust for the quarter
ended June 30, 2002 (the "Report") fully complies with the requirements of
Section 13(a) of the Securities Exchange Act of 1934 and that information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Trust.



/s/ Paul M. Bonaiuto
------------------------------------
Paul M. Bonaiuto
August 2, 2002
<TABLE> <S> <C>


<ARTICLE>                                      5
<MULTIPLIER>                                   1,000

<S>                                            <C>
<PERIOD-TYPE>                                  9-MOS
<FISCAL-YEAR-END>                              Dec-31-2000
<PERIOD-START>                                 Jan-01-2000
<PERIOD-END>                                   Sep-30-2000
<CASH>                                         29,777
<SECURITIES>                                   0
<RECEIVABLES>                                  77,004
<ALLOWANCES>                                   1,079
<INVENTORY>                                    19,909
<CURRENT-ASSETS>                               138,166
<PP&E>                                         485,796
<DEPRECIATION>                                 153,339
<TOTAL-ASSETS>                                 575,645
<CURRENT-LIABILITIES>                          111,996
<BONDS>                                        174,818
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    5,792
<COMMON>                                       4,250
<OTHER-SE>                                     141,907
<TOTAL-LIABILITY-AND-EQUITY>                   575,645
<SALES>                                        0
<TOTAL-REVENUES>                               486,099
<CGS>                                          280,367
<TOTAL-COSTS>                                  432,013
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             12,660
<INCOME-PRETAX>                                15,495
<INCOME-TAX>                                   5,577
<INCOME-CONTINUING>                            9,918
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   9,918
<EPS-BASIC>                                  0.31
<EPS-DILUTED>                                  0.29




</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 meeting. 

# SUMMARY:

The Mendocino County Resource Advisory Committee (RAC) will meet November 18, 2005, in Willits, California. Agenda items to be covered include: (1) Approval of minutes, (2) Public Comment, (3) Sub-committees, (4) discussion—items of interest (a) historical aspects of Beaver Glade; budget update, (5) Discussion/approval of projects, (6) next agenda items and meeting date.

# DATES:

The meeting will be held on November 18, 2005, from 9 a.m. to 12 noon.

# ADDRESSES:

The meeting will be held at the Mendocino County Museum, located at 400 E. Commercial St., Willits, California.

# FOR FURTHER INFORMATION CONTACT:

                        Roberta Hurt, Committee Coordinator, USDA, Mendocino National Forest, Covelo Ranger District, 78150 Covelo Road, Covelo CA 95428. (707) 983-8503; E-mail:                         *rhurt@fs.fed.us.*

# SUPPLEMENTARY INFORMATION:

The meeting is open to the public. Persons who wish to bring matters to the attention of the Committee may file written statements with the Committee staff by November 12, 2005. Public will have the opportunity to address the committee at the meeting.

Dated: November 1, 2005.

Blaine Baker,

Designated Federal Official.

[FR Doc. 05-22197 Filed 11-7-05; 8:45 am]

BILLING CODE 3410-11-M
# C_2007282EN.01000801.xml

| 24.11.2007 | EN | Official Journal of the European Union | C 282/8 |
| --- | --- | --- | --- |

24.11.2007

EN

Official Journal of the European Union

C 282/8

---

Non-opposition to a notified concentration

(Case COMP/M.4847 — Ineos/Champagne Céréales/Thywissen/JV)

(Text with EEA relevance)

(2007/C 282/05)

On 17 September 2007, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32007M4847. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32007M4847. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
I 

111TH CONGRESS 

2D SESSION H. R. 5465 

To amend the Internal Revenue Code of 1986 to provide a 5-year recovery 

period for computer-based gambling machines. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 28, 2010 

Mr. HELLER (for himself, Ms. BERKLEY, and Ms. TITUS) 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 provide 

a 5-year recovery period for computer-based gambling 

machines. 

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

3 SECTION 1. FIVE-YEAR RECOVER PERIOD FOR COMPUTER4 BASED GAMBLING MACHINES. 

5 (a) IN GENERAL.—Subparagraph (B) of section 

6 168(e)(3) of the Internal Revenue Code of 1986 is amend7 ed by striking ‘‘and’’ at the end of clause (vi)(III), by 

8 striking the period at the end of clause (vii) and inserting 

9 ‘‘, and’’, and by adding at the end the following new 

10 clause: 

mstockstill on DSKH9S0YB1PROD with BILLS

2 

•HR 5465 IH

1 ‘‘(viii) any computer-based gambling 

2 machine, including slot machines and video 

3 lottery terminals.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to property placed in service after 

6 the date of the enactment of this Act. 

Æ 

mstockstill on DSKH9S0YB1PROD with BILLS
<PAGE>
                                                                 EXHIBIT 23

KPMG Peat Marwick LLP

233 South 13th Street, Suite 1600
Lincoln, NE 68508-2041

Two Central Park Plaza
Suite 1501
Omaha, NE 68102


                            Accountants' Consent


The Board of Directors
Aliant Communications Inc.:


We consent to incorporation by reference in the registration statement
(No. 333-46751) on Form S-3, the registration statement (No. 333-64223) on 
Form S-3D, and the registration statement (No. 33-39551) on Form S-8 of 
Aliant Communications Inc. of our reported dated February 5, 1999, relating 
to the consolidated balance sheets of Aliant Communications Inc. and 
subsidiaries as of December 31, 1998 and 1997, and the related statements 
of earnings, stockholders' equity and cash flows for each of the years in 
the three-year period ended December 31, 1998 and related schedule, which 
reports appear in the December 31, 1998 annual report on Form 10-K of 
Aliant Communications Inc.

/s/ KPMG Peat Marwick LLP

KPMG Peat Marwick LLP
Lincoln, Nebraska
March 22, 1999
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5569 Engrossed in House (EH)]

111th CONGRESS
  2d Session
                                H. R. 5569

_______________________________________________________________________

                                 AN ACT

 
  To extend the National Flood Insurance Program until September 30, 
                                 2010.

    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 ``National Flood Insurance Program 
Extension Act of 2010''.

SEC. 2. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.

    (a) Program Extension.--Section 1319 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking 
``September 30, 2008'' and inserting ``September 30, 2010''.
    (b) Financing.--Section 1309(a) of such Act (42 U.S.C. 4016(a)) is 
amended--
            (1) by striking ``September 30, 2008'' and inserting 
        ``September 30, 2010''; and
            (2) by striking ``$20,775,000,000'' and inserting 
        ``$20,725,000,000''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall be considered to have taken effect on May 31, 2010.

SEC. 3. BUDGET COMPLIANCE.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives June 23, 2010.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H. R. 5569

_______________________________________________________________________

                                 AN ACT

  To extend the National Flood Insurance Program until September 30, 
                                 2010.
```
1 Affirm ance W ithout O pinion - M emor andum Opinio n. (b) The Court, w ith the con currenc e of all judges part

icipat ing in the

case, may aff

irm, rever

se or modify t

he actions

of the tr ial court by memorandum opinion when a for

mal opinion would have no precedenti

al value.When a case is decided by memorandum opinion it

shall be designate

d “MEMORA NDUM OPINION ,” shall not be published, and sha ll not be cited or relied on fo r any reas on in a su bseque nt unrelate d case. [A s amen ded by order filed April 22 , 1992.]



# FILED
July 30, 1998 Cecil Crowson, Jr. Appe llate Court C lerk IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE

KENNETH RAY MAYFIE LD, SR. ) BRADLEY CIRCUIT

) Plaintiff/Appellee ) NO. 03A01-9803-C V-00112 ) v. ) HON. JOHN B. HAGLE R, JR. ) JUDGE NANCY PRECELLA MAYFIELD, ) ) Defendant/Appel

lant ) AFFIRMED

D. Mitchell Brya

nt, Cleveland, f

or the Appellant. Appellee filed no brief and made no appearance.

MEMORANDUM 

### O P I N IO N 1

INMAN, Senio

r Judge Nancy Precella Mayfield [“Wife”] appeals from the judgment of the trial court granting her a

divorce based upon the

inappropriate mar

ital conduct of Kenneth Ray Mayfi

eld, Sr. [ “Husband”]. She conte nds on appeal that the settlement agreem

ent was obtained thr

ough threats and coer

cion. Wife appeared before the court with counsel on June 2, 1997 for a hearing on a motion for temporary support. She again appeared on September 5, 1997 with counsel and, under oath, testified that she and Husband had reached a settlement ag reement. On October 7, 1997 , Wife filed a “ Motion to Set Aside P

reviously Announced Agreem

ent” in which she al

leged that Husband ha

d coerced her into agreeing to the settl

ement of Septembe

r 5, 1997.2 On October 27, 1997, the trial court entered a Final Decree of divorce which adopted and inc

orporated the term

s of the marital dissolution agreement. On appeal, Wife asks this Court to set aside the final decree and alleges that Husband, on the evening of Septembe r 4, 1997, coerce

d her to appear in court the following morning and agree to the terms of the divo rce. As stated, at the time of the hearing, the trial judge placed both parties under oath and each t

estified that the ma

rital dissolution agre

ement was their agreement. Wife and her counsel had ample opportunity at that time to retract her agreement and

complain that it had be

en obtained through duress. She testified otherwise under oath, and will n ot be heard now to refut e her own testimony. See, Meadows v. Meadows, slip op., No. 1102 ( Tenn. App. May 1 3, 1987). The judgment of the t rial court is affi

rmed at the cost of t

he appellant.

_______________________________ William H. Inma

n, Senior Judge CONCUR:

_______________________________ Herschel P. Fr

anks, Judge

_______________________________ Don T. McMurra

y, Judge
Exhibit 32.2


            Section 1350 Certification of Principal Financial Officer


The undersigned, Executive Vice President, Finance and Secretary, of Jaco
Electronics, Inc. (the "Company"), hereby certifies pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, to the best of my knowledge, that: (1) the Quarterly Report on Form 10-Q
of the Company for the quarterly period ended September 30, 2004 (the "Quarterly
Report") accompanying this certification fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
(2) the information contained in the Quarterly Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company as of the dates and for the periods presented as required by such
report. The foregoing certification is based upon, among other things, my
responsibilities as principal financial officer of the Company, my own due
diligence and representations made by certain other members of the Company's
senior management.


Date:  November 15, 2004

                            /s/ Jeffrey D. Gash
                            ---------------------------------------------------
                            Jeffrey D. Gash
                            Executive Vice President, Finance and Secretary
                            (Principal Financial Officer)
##### 



CERTIFICATION PURSUANT TO SECTION 302
OF THE SARBANES-OXLEY ACT OF 2002
      a)
    
    designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, 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 report is being prepared;b)
    
    [paragraph omitted in accordance with SEC transition instructions set forth
in SEC Release No. 34-47986]c)
    
    evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of
the disclosure controls and procedures as of the end of the period covered by this
report based on such evaluation; andd)
    
    disclosed in this report any changes in the registrants internal control
over financial reporting that occurred during the registrants most recent fiscal
quarter (the registrants fourth fiscal quarter in the case of an annual report) that
has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and
  a)
    
    all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely to
adversely affect the registrants ability to record, process, summarize and report
financial information; andb)
    
    any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over
financial reporting.
 Date: August 15, 2005
    
    /s/ Jack A. HockamaJack A. Hockema
Chief Executive Officer