alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                   EXHIBIT 10.11

                                 FIRST AMENDMENT
                                     TO THE
                              AMENDED AND RESTATED
                              BOWATER INCORPORATED
                           BENEFIT PLAN GRANTOR TRUST


         WHEREAS, Bowater Incorporated, a Delaware corporation (the
"Corporation"), established the Amended and Restated Bowater Incorporated
Benefit Plan Grantor Trust (the "Trust"); and

         WHEREAS, the Corporation desires to amend the Trust, to change a part
of the definition of "Change in Control" thereunder;

         NOW, THEREFORE, the Trust is hereby amended, effective February 26,
1999, as follows:

Section 1.2(h)(d) is amended to read:

         "(d)     the date on which less than 50% of the total membership of the
                  Board consists of Continuing Directors."

         IN WITNESS WHEREOF, Bowater Incorporated has caused this First
Amendment to be executed by its duly authorized officer this 4th day of August,
1999.

                                   BOWATER INCORPORATED



                                   By:  /s/ Anthony H. Barash
                                        ----------------------------------------
                                            Anthony H. Barash

                                   Title: Sr. Vice President, Corporate Affairs
                                          and General Counsel
Amendment No. 1 to the Iris International, Inc. 2007 Stock Incentive Plan



 Exhibit 10.1 
 AMENDMENT NO. 1 
 TO 
 IRIS INTERNATIONAL, INC. 
 2007 STOCK INCENTIVE PLAN 
 This Amendment No. 1 (this “Amendment”) to the Iris International, Inc. 2007 Stock Incentive Plan (the “2007
Plan”) is effective as of May 22, 2009, by action of the Board of Directors of Iris International, Inc., a Delaware corporation (the “Company”). All undefined terms used herein shall have the meaning set
forth in the 2007 Plan. 
 1. Section 3(a) of the 2007 Plan is hereby amended and restated in its entirety to read as follows:

 “(a) Aggregate Limits. Subject to the provisions of Section 10 of the Plan, the maximum aggregate number of Shares which
may be issued pursuant to Awards granted under the Plan is Three Million Three Hundred Thousand (3,300,000) Shares (the “Fungible Pool Limit”). The Shares subject to the Plan may be either Shares reacquired by the
Company, including Shares purchased in the open market, or authorized but unissued Shares. Any Shares subject to an Award which for any reason expires or terminates unexercised or is not earned in full shall be added back to the Fungible Pool Limit
and may again be made subject to an Award under the Plan. The following Shares shall not be added back to the Fungible Pool Limit and shall not again be made available for issuance as Awards under the Plan: (i) Shares not issued or delivered as
a result of the net settlement of an outstanding Stock Appreciation Right, (ii) Shares used to pay the exercise price or withholding taxes related to an outstanding Award, or (iii) Shares repurchased on the open market with the exercise
price proceeds received by the Company upon the exercise of an Award.” 
 2. Section 3(c) of the 2007 Plan is hereby amended and
restated in its entirety to read as follows: 
 “(c) Code Limits. The aggregate number of Shares subject to Awards granted under
this Plan during any calendar year to any one Participant shall not exceed 300,000. Notwithstanding anything to the contrary in this Plan, the foregoing limitations shall be subject to adjustment under Section 10, but only to the extent
that such adjustment will not affect the status of any Award intended to qualify as “performance-based compensation” under Section 162(m) of the Code. The aggregate number of Shares issued pursuant to ISOs granted under the Plan shall
not exceed Three Million Three Hundred Thousand (3,300,000) Shares, which limitation shall be subject to adjustment under Section 10 only to the extent that such adjustment is consistent with adjustments permitted of a plan
authorizing ISOs under Section 422 of the Code.” 
 (Signature on following page) 







 I hereby certify that the foregoing Amendment was duly adopted by the Board of Directors of the Company
on April 10, 2009, and approved by the stockholders of the Company at a meeting held on May 22, 2009. 
  

							
	Executed as of May 22, 2009	 		 	IRIS INTERNATIONAL, INC.
				
		 		 	By: 	 	/s/ César M. García
		 		 		 	César M. García, Chief Executive Officer

  

 2
**Exhibit
      15.3**




[CCR
      LOGO]









Buenos
      Aires,
      January 2007




Francis
      Cresall


InBev
      LAS and
      Ambev


12
      de octubre y Gran Canaria - Quilmes




Att.




Ref:
      20-F Annual
      Presentation to New York Stock




We
      hereby, CCR-IRI as Information Providers, authorize the company InBev LAS and
      Ambev to make use of our reports concerning the Beer Market in Paraguay for
      period 1996 to 2006 on the Annual Memory and Form 20-F of such
      Company.




Additionally,
      we
      authorize the company to make use of our name on Form 20-F and to attach this
      authorization as an annex to such form, as we also authorize its incorporation
      to any form the Company should present.




Sincerely,




/s/
                Diego
                CalderonDiego
                CalderonGerente
                General
# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12

- 565 V

Filed: March 3, 2015

Not for P ublication

*************************************

MANDY G. CAIRNES, *

as Personal Representative of the Estate of *

WALTER CAIRNES, Deceased

, *

*

Petitioner

, * Attorneys’ fees and costs decision b ased on

* s tipulation of f

act

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

*************************************

Anne C. Toale

, Sarasota, FL

, for petitioner.

Michael P. Milmoe

, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS ’ FEES AND COSTS 1

On March 3, 2015 , the parties filed a stipulation of fact in which they agreed on an

appropriate amount for attorneys’ fees and costs in this case

.

Petitioner submitted a draft application for attorne ys’ f ees and costs to respondent

. During informal discussions, respondent ra ised objections t o certain items in petitioner’ s

1 Because this unpublished decision contains a reasoned explanation f or the special master’ s action in this

case, the special master intends to post this unpublished decision on the United States Court of Federal

Claims’ s website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899,

2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made

available to the public unless they contain trade secrets or commercial or financial information that is

privileged and confidential, or medical or similar information whose disclosure would constitute a clearly

unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify a nd

move to redact such information prior to the document = s disclosure. If the special master, upon review,

agrees that the identified material fits within the banned categories listed above, the special master shall

redact such material from public access

.2

application

. Based on these objections, petitioner amend s her application f or attor ne ys’ fees and

costs to $ 24,743.50, consisting of $24,402.00 in attorneys’ fees and costs and $341.50 in

petitioner’s costs

. Respondent does not object to this amount. The undersigned finds this

amount to be reasonable. Accordingly, the court awards :

a. $ 24,402.00 , representing reimbursement for attorneys’ fees and costs. The award

shall be in the form of a chec k payable jointly to petitioner and Mag lio, Christopher &

Toale, P.A. for $ 24,402.00 ; and

b. $341.50 , representing reimbursement for petit ioner’s costs. The award shall be in the

form of a check payable to petitioner for $341.50

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the

court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: March 3, 2015 s/ Laura D. Millman

Laura D. Millman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or

jointly, filing a notice renouncing the right to seek review.
EXHIBIT
10.19.2


 


ALLIANT
TECHSYSTEMS INC.


 


SUPPLEMENTAL
EXECUTIVE RETIREMENT PLAN


 


Updated
as of January 13, 2009


 


SCHEDULE 1


 


SERP


 


	
  A.

  	
  Executive
  Officers (as defined under the Securities Exchange Act of 1934)

  
	
   

  	
   

  
	
   

  	
  John Shroyer

  
	
   

  	
   

  
	
   

  	
  Blake Larson
<TABLE>
<CAPTION>

                                                                                                              EXHIBIT 12


                                                               MERRILL LYNCH PREFERRED CAPITAL TRUST II
                                                                MERRILL LYNCH PREFERRED FUNDING II, L.P.
                                                                 COMPUTATION OF RATIOS OF EARNINGS TO
                                                   COMBINED FIXED CHARGES AND PREFERRED SECURITIES DISTRIBUTIONS
                                                                          (dollars in thousands)



                                   FOR THE YEAR ENDED                 FOR THE YEAR ENDED                 FOR THE YEAR ENDED
                                    DECEMBER 26, 2003                  DECEMBER 27, 2002                  DECEMBER 28, 2001
                          ----------------------------------  ---------------------------------  ---------------------------------
                            MERRILL LYNCH     MERRILL LYNCH      MERRILL LYNCH    MERRILL LYNCH     MERRILL LYNCH    MERRILL LYNCH
                              PREFERRED         PREFERRED          PREFERRED        PREFERRED         PREFERRED        PREFERRED
                          CAPITAL TRUST II  FUNDING II, L.P.  CAPITAL TRUST II FUNDING II, L.P.  CAPITAL TRUST II FUNDING II, L.P.
                          ----------------  ----------------  ---------------- ----------------  ---------------- ----------------

<S>                        <C>                <C>                <C>              <C>               <C>              <C>

Earnings                         $ 24,742          $ 28,862            $ 24,742        $ 28,897           $ 24,742        $ 28,991
                                 ========          ========            ========        ========           ========        ========


Fixed charges                    $      -          $      -            $      -        $      -           $      -        $      -

Preferred securities
 distribution requirements         24,000            24,742              24,000          24,742             24,000          24,742
                                 --------          --------            --------        --------           --------        --------

Total combined fixed charges
 and preferred securities
 distribution requirements       $ 24,000          $ 24,742            $ 24,000        $ 24,742           $ 24,000        $ 24,742
                                 ========          ========            ========        ========           ========        ========

Ratio of earnings to combined
 fixed charges and preferred
 securities distribution
 requirements                        1.03              1.17                1.03            1.17               1.03            1.17
</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS AND
RELATED FOOTNOTES OF FIDELITY HOLDINGS, INC. AND SUBSIDIARIES AS OF AND FOR THE
ENDED DECEMBER 31, 1999 and 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS AND FOOTNOTES.
</LEGEND>

<S>                             <C>                      <C>
<PERIOD-TYPE>                          12-MOS              12-MOS
<FISCAL-YEAR-END>                      DEC-31-1999        DEC-31-1998
<PERIOD-END>                           DEC-30-1999        DEC-31-1998
<CASH>                                   6,985,878            977,334
<SECURITIES>                                     0                  0
<RECEIVABLES>                            6,855,547          7,118,717
<ALLOWANCES>                                     0                  0
<INVENTORY>                             24,612,800         19,061,666
<CURRENT-ASSETS>                        40,946,331         30,837,014
<PP&E>                                   8,323,736          5,457,036
<DEPRECIATION>                          (2,600,146)          (104,630)
<TOTAL-ASSETS>                          68,574,650         50,548,423
<CURRENT-LIABILITIES>                   31,906,325         25,836,983
<BONDS>                                  8,194,899          9,423,091
<PREFERRED-MANDATORY>                            0                  0
<PREFERRED>                                  5,000             11,500
<COMMON>                                   160,198             80,365
<OTHER-SE>                              28,350,583         16,361,651
<TOTAL-LIABILITY-AND-EQUITY>            68,574,650         50,548,423
<SALES>                                210,814,104         99,667,822
<TOTAL-REVENUES>                       210,814,104         99,667,822
<CGS>                                  177,606,003         84,828,470
<TOTAL-COSTS>                           34,218,923         12,953,857
<OTHER-EXPENSES>                                 0                  0
<LOSS-PROVISION>                                 0                  0
<INTEREST-EXPENSE>                       1,991,295            843,355
<INCOME-PRETAX>                         (2,999,291)         1,042,140
<INCOME-TAX>                              (192,000)           514,000
<INCOME-CONTINUING>                     (2,807,241)           528,140
<DISCONTINUED>                                   0                  0
<EXTRAORDINARY>                           (733,125)                 0
<CHANGES>                                        0                  0
<NET-INCOME>                            (3,540,366)           528,140
<EPS-BASIC>                                   (.17)               .03
<EPS-DILUTED>                                 (.17)               .03



</TABLE>
<PAGE>

                                                                    EXHIBIT 12.1

BOWATER INCORPORATED
STATEMENT OF COMPUTATION OF UNAUDITED RATIO OF EARNINGS TO FIXED CHARGES
(IN MILLIONS, EXCEPT RATIO INFORMATION)


                                                    Three Months Ended March 31,
                                                    ----------------------------

                                                        2002              2001
                                                    ----------------------------

EARNINGS:

Income before income taxes and minority interests     $  9.6          $  62.6

Add: Fixed charges from below                           46.3             41.7
Less: Capitalized interest                               1.5              3.0
                                                    ----------------------------
                                                      $ 54.4          $ 101.3
                                                    ============================

FIXED CHARGES:

Interest expense, net of interest capitalized           41.8             35.2
Capitalized interest                                     1.5              3.0
Estimate of interest within rental expense               0.7              0.7
Amortized premium and discounts related to
  indebtedness                                           2.3              2.8
                                                    ----------------------------

                                                      $ 46.3          $  41.7
                                                    ============================

RATIO OF EARNINGS TO FIXED CHARGES                      1.2x             2.4x
                                                    ============================
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 4514** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. EDWARD WASHINGTON , Defendant

- Appellant
.

Appeal from the United States District Court for the Middle District of North Carolina , at Greensboro
. Thomas D. Schroeder , District Judge. ( 1:11

- cr - 00388

- TDS

- 1 )

Submitted : December 5, 2012 Decided: December 13, 2012

Before MOTZ, KING, and SHEDD , Circuit Judges.

Affirmed by un published per curiam opinion
. Louis C. Allen, Federal Public Defender, John A. Dusenbury, Jr., Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Ripley Rand, United States Attorney, Stephen T. Inman, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Edward Washington appeals his sentence of ten months’ imprisonment after pleading guilty pursuant to a plea agreement
to the theft of Government funds , in violation of 18 U.S.C.
§ 641 (2006). Washington challenges on ly the substantive reasonableness of his sentence. We affirm. We review the substantive reasonableness of a sentence using the abuse

- of

- discretion standard. Gall v. United States , 552 U.S. 38, 51 (2007); United States v. Lynn , 592 F.3d 572, 575 (4th Cir. 2010). A sentence below the applicable Guidelines range is presumptively reasonable. United States v. Susi , 674 F.3d 278, 289 (4th Cir. 2012). Such presum ption is rebutted only by a showing that the sentence is unreasonable when measured against the 18 U.S.C. § 3553(a) (2006) factors. United
States v. Montes

- Pineda , 445 F.3d 375, 379 (4th Cir. 2006). Washington has failed to overcome the presumption of reasonableness. Washington received a sentence below the applicable Guidelines range. The district court thoroughly explained its selected sentence, citing the length y period during which Washington’s crime was ongoing and the need for deterrence. We c onclude that the district court did not abuse its discretion in selecting the sentence. Accordingly, we affirm. We dispense with oral argument because the facts and legal contentions are adequately3 presented in the materials before this court and argume nt would not aid the decisional process
. AFFIRMED
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule  contains summary financial  information  extracted from Form 10-Q
for the quarter ended September 30, 1997 for May Limited  Partnership 1983-3 and
is qualified in its entirety by reference to such Form 10-Q.
</LEGEND>
<CIK>                         0000743453
<NAME>                        May Limited Partnership 1983-3
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-mos
<FISCAL-YEAR-END>                              Dec-31-1997
<PERIOD-END>                                   Sep-30-1997
<CASH>                                         160
<SECURITIES>                                   0
<RECEIVABLES>                                  183
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               343
<PP&E>                                         16,586
<DEPRECIATION>                                 15,939
<TOTAL-ASSETS>                                 990
<CURRENT-LIABILITIES>                          21
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   990
<SALES>                                        571
<TOTAL-REVENUES>                               578
<CGS>                                          0
<TOTAL-COSTS>                                  215
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                363
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            363
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   363
<EPS-PRIMARY>                                  16.25
<EPS-DILUTED>                                  16.25
        


</TABLE>
<TABLE> <S> <C>

<ARTICLE>                  5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FORM 10-Q FOR THE SIX-MONTH PERIOD ENDED JUNE 30, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<CAPTION>
<CIK>                     0000743239
<NAME>                    GLEASON CORPORATION
<MULTIPLIER>              1000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           20437
<SECURITIES>                                         0
<RECEIVABLES>                                    57937
<ALLOWANCES>                                         0
<INVENTORY>                                      31037
<CURRENT-ASSETS>                                120719
<PP&E>                                          169451
<DEPRECIATION>                                  110613
<TOTAL-ASSETS>                                  197368
<CURRENT-LIABILITIES>                            59640
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         11594
<OTHER-SE>                                       79966
<TOTAL-LIABILITY-AND-EQUITY>                    197368
<SALES>                                         122719
<TOTAL-REVENUES>                                122719
<CGS>                                            83699
<TOTAL-COSTS>                                    83699
<OTHER-EXPENSES>                                 22431
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (121)
<INCOME-PRETAX>                                  16710
<INCOME-TAX>                                      5939
<INCOME-CONTINUING>                              10771
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     10771
<EPS-PRIMARY>                                     1.04
<EPS-DILUTED>                                     1.04

        

</TABLE>
#### Charles H Stiles, Respondent, v. Adelbert E. Norton, Appellant.

Judgment and order affirmed, with costs.

All concurred.