alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w3






Exhibit 10.3




Agreement Regarding the Amended and Restated Executive Officer Change In Control Agreement



This Agreement, dated to be effective as of June 15, 2009, is by and between Sport Supply Group,
Inc. (the “Company”) and John Pitts (the “Executive”).



Whereas: the Company has entered into a Change In Control Agreement (the “CIC Agreement”) with
Executive dated October 1, 2008;



Whereas: Pursuant to the CIC Agreement, the Executive may receive a “Severance Payment” (as
defined within the CIC Agreement), whose value is derived in part from a calculation based on the
Executive’s salary and the “actual bonus paid to the Executive by the Company or any of its
subsidiaries for the most recent fiscal year ended prior to the occurrence of the Change in
Control,” (as defined in that CIC Agreement);



Whereas: The Company’s Compensation Committee (the “Compensation Committee”) intends to alter the
component parts of the fiscal year 2010 compensation plan for the Executive, including a cash
salary and the grant of stock options, but excluding an opportunity for the Executive to earn a
cash bonus achieved as a result of meeting or exceeding a predetermined goal;



Whereas: The term “actual bonus paid” in the CIC Agreement does not give guidance on how to
ascribe value to a non-cash bonus, such as a bonus/short-term incentive compensation in the form of
the grant, exercise, or vesting of any common equity, equity option, or equity-linked derivative;



Whereas: Both the Compensation Committee and the Executive mutually recognize that replacing the
cash bonus in fiscal 2010 with an equity grant will make it difficult to value the bonus portion of
the Severance Payment to the Executive in the event of a Change in Control during the Company’s
2011 fiscal year ending June 30, 2011;



Therefore, in association with the changes in the compensation plan for the Executive for the
Company’s 2010 fiscal year, the undersigned do hereby agree that:



During the Company’s 2010 fiscal year, the value to be used for the “actual bonus paid” in
determining the Severance Payment associated with the CIC Agreement shall be equal to the amount of
cash bonus paid to the Executive pursuant to the terms of the Company’s short-term bonus incentive
compensation program for the fiscal year-ending June 30, 2009 or such other amounts paid in cash to
the Executive at the Committee’s discretion. During the Company’s 2011 fiscal year, the value to
be used for the “actual bonus paid” in determining the Severance Payment associated with the CIC
Agreement shall be US$112,500.00.



Signed:




	 	 	 	 	 
	 	 	 
	Sport Supply Group, Inc.: 	By:  	/s/ William M. Lockhart
 	 
	 	 	William M. Lockhart 	 
	 	 	Chairman, Compensation Committee of the Board 	 
	 
	 	 	 
	Executive: 	By:  	/s/ John Pitts
 	 
	 	 	John Pitts 	 
	 	 	Chief Financial Officer
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**1147 KA 10-01798**  PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, SCONIERS, AND GREEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V ORDER
EVERETT L. DOWNING, JR., DEFENDANT-APPELLANT.

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (MARY-JEAN BOWMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered July 14, 2010. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the third degree. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed ( see People v Lococo , 92 NY2d 825, 827).

Entered: November 10, 2011 Patricia L. Morgan Clerk of the Court
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 Health and Human Services

# AGENCY:

National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS).

# ACTION:

Notice.

# SUMMARY:

HHS gives notice concerning the final effect of the decision to designate a class of employees from the Nevada Test Site as an addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000. On April 5, 2010, as provided for under 42 U.S.C. 7384q(b), the Secretary of HHS designated the following class of employees as an addition to the SEC:

All employees of the Department of Energy, its predecessor agencies, and its contractors and subcontractors who worked at the Nevada Test Site, from January 1, 1963 through December 31, 1992, for a number of work days aggregating at least 250 work days, occurring either solely under this employment or in combination with work days within the parameters established for one or more other classes of employees in the SEC.

This designation became effective on May 5, 2010, as provided for under 42 U.S.C. 7384l(14)(C). Hence, beginning on May 5, 2010, members of this class of employees, defined as reported in this notice, became members of the Special Exposure Cohort.

# FOR FURTHER INFORMATION CONTACT:

                        Stuart L. Hinnefeld, Interim Director, Division of Compensation Analysis and Support, NIOSH, 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 877-222-7570. Information requests can also be submitted by e-mail to                        *DCAS@CDC.GOV.*

John Howard,

Director, National Institute for Occupational Safety and Health.

[FR Doc. 2010-11880 Filed 5-17-10; 8:45 am]

BILLING CODE 4163-19-P
EX-4.12









EXHIBIT 4.12




CONSENT OF EXPERT




     I, Chris Broili, of BK Exploration Associates (“BK”), hereby consent to the inclusion and
incorporation by reference in this Registration Statement on Form F-8 of Silvercorp Metals Inc.
(the “Registration Statement”) of references to and information derived from two technical reports
entitled “N1 43-101 Technical Report and Pre-Feasibility Study — TLP — LM Silver-Lead Projects,
Henan Province, People’s Republic of China” dated November 20, 2008 and “Update on the Ying
Silver-Lead-Zinc and HPG Gold-Silver-Lead Projects” dated August 16, 2007 (collectively, the
“Incorporated Information”). I also consent to the reference to BK’s name and to BK’s involvement
in the preparation of the Incorporated Information in this Registration Statement.




BK EXPLORATION ASSOCIATES




	 	 	 
	  /s/ Chris Broili
 

Name: Chris Broili

	 	 
	Title: Vice President, Exploration
	 	 






Date: June 15, 2009
# States in the Senate | Arizona

**

----

**Introduction****Senators****Timeline**

**Kyrsten Sinema (I)***Hometown: Phoenix*

----

                Contact            

----

                Committee Assignments                Biographical Directory Listing

**Mark Kelly (D)***Hometown: Tucson*

----

                Contact            

----

                Committee Assignments                Biographical Directory Listing

Arizona became the 48th state in the Union on February 14, 1912. The state’s first two senators, Henry Fountain Ashurst and Marcus A. Smith, took office on March 27, 1912. Arizona’s longest-serving senators include Carl Hayden (1927–1969), John McCain (1987–2018), and Barry Goldwater (1953–1965; 1969–1987). Among those who rose to leadership positions are Carl Hayden, who served as Senate president pro tempore; Ernest McFarland, who served as Democratic floor leader; and Jon Kyl, who served as Republican Party whip.

Return to map

        -  Contact 
        -  Leadership & Officers 
        -  Former Senators 
        -  Qualifications & Terms of Service 
        -  Facts & Milestones 
        -  States 

### Can't Find Your Senator? 

Can't find your senator's name? Perhaps he or she is a member of the U.S. House of Representatives, a former senator, or a senator in your State Legislature.
#### Cora J. McMillan, as Administratrix, etc., Respondent, v. The New York *909Central and Hudson River Railroad Company, Appellant.

Motion for leave to appeal to Court of Appeals denied, with ten dollars costs.
WAIVER OF ANTI-DILUTION
RIGHTS OF SERIES A PREFERRED STOCK

    


    The undersigned (the “Undersigned”) is
the holder of 3,500,000 shares of Series A Preferred Stock (the “Preferred
Stock”) of Premier Power Renewable Energy, Inc., a Delaware corporation (the
“Company”).  All capitalized terms not otherwise defined shall have
the meaning set forth in the Certificate of Designation of the Preferred
Stock.

    


    Section 7(b) of the Certificate of
Designation of the Preferred Stock (the “Certificate of Designation”) provides
that the “Conversion Price” will be reduced if:

    


    “If, at
any time while this Preferred Stock is outstanding, the Corporation or any
Subsidiary sells or grants any option to purchase or sells or grants any right
to reprice its securities, or otherwise disposes of or issues (or announces any
sale, grant or any option to purchase or other disposition) any Common Stock or
Common Stock Equivalents entitling any Person to acquire shares of Common Stock
at an effective price per share that is lower than the then Conversion
Price...”

    


    The Undersigned holds Series A Warrants
(“A Warrants”) that are exerciseable for 1,750,000 shares of Company common
stock (“Common Stock”) and Series B Warrants that are exerciseable for 1,750,000
shares of Common Stock (“B Warrants”).

    


    The
Undersigned will enter into a transaction with the Company in which the
Undersigned shall deliver $3,000,000 and cancel all of its A Warrants and B
Warrants pursuant to a Securities Purchase Agreement between the parties and in
return, the Company shall issue 2,800,000 shares of Series B Preferred Stock
(“Transaction”).

    


    In
accordance with Section 11(e) of the Certificate of Designation and
acknowledging that the Company is relying on this waiver prior to closing the
Transaction, the Undersigned hereby waives Section 7(b) of the Certificate of
Designation and recognizes and agrees that no adjustment will be made to the
Conversion Price or the number of shares underlying the Preferred Stock as a
result of consummation of the Transaction.  This waiver of Section
7(b) of the Preferred Stock shall be permanent with respect to the
Transaction.

    


    IN
WITNESS WHEREOF, the Undersigned has executed and delivered this Waiver as of
the date below written.

    


    
      	
              Name
      of Undersigned:

            	
              Vision Opportunity Master Fund,
      Ltd.

            
	 	 
	
              Signature of Authorized
      Signatory of Purchaser:

            	
              /s/ Adam Benowitz

            
	 	 
	
              Name
      of Authorized Signatory:

            	
              Adam Benowitz

            
	
              Title
      of Authorized Signatory:

            	
              Director

            
	
              Date:
      June 16, 2009
#### S. HOPKINS KEEP, Appellant, *v.*LESTER KEEP and CAROLINE J. Y. KEEP, Respondents.

*Submission to arbitration*— *when void*— *appealability of judgment.*

*■*This action was brought to set aside a conveyance of real estate, which was claimed in fee by the plaintiif, and also by the wife of the defendant, she being a party defendant herein. After a reference of the action it was agreed, in writing, that all matters in dispute should be submitted to the referee as arbitrator, and that judgment should be entered on his award. Judgment having been entered on the report of the referee, defendants appealed.

Upon a motion by plaintiff to dismiss the appeal, *held,,*that the submission being void, because made by a married woman, and because the subject of it was a claim in fee to real estate, the judgment was appealable the same as any other.

MotioN to dismiss an appeal.

*Erastus New,*for tbe appellant.

P. & *D. Mitchell,*for tbe respondents.

*142Barnard, P. J.:

There were two suits pending, one in favor of plaintiff against defendant Lester Keep, and this one against Lester Keep and wife in favor of plaintiff. The actions were both referred to the same referee to hear and determine. The claim in this suit, as appears from the affidavit of Mrs. Keep, was to set aside- a conveyance of lands in Brooklyn, to which plaintiff and Mrs. Keep claimed to have title in fee. While the trials were proceeding before the referee, it was agreed, in writing-, between the parties in both suits, that the matters in difference in both suits should be submitted to the referee as arbitrator, and that judgment should be entered upon his report or award. The plaintiff had judgment in both actions, and the defendants appealed. The plaintiff -in this action moves to dismiss the appeal. The motion should be denied. The judgment is a judgment of the Supreme Court, entered upon a trial before a referee. The arbitration was illegal for two reasons. It was made by a -married woman, and one of the subjects of the arbitration was a claim of the parties to a fee of real estate. (2 B. S., 541.) If the submission is of no effect, then the judgment must be reviewed like other judgments, being made by a referee duly appointed to try the action as actions are usually tried, and according to legal rules.

Motion denied, without costs.

Present — BarNARD, P. J., Gilbert and LykmaN, JJ.

Motion to dismiss appeal denied, without costs.
II

106TH CONGRESS

2D SESSION S. 2648

To amend the Harmonized Tariff Schedule of the United States to provide

duty-free treatment for, and clarify the classification of, machines and

components used in the manufacture of digital versatile discs (DVDs).

IN THE SENATE OF THE UNITED STATES

MAY 25, 2000

Mr. COVERDELL introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To amend the Harmonized Tariff Schedule of the United

States to provide duty-free treatment for, and clarify

the classification of, machines and components used in

the manufacture of digital versatile discs (DVDs).

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

3 SECTION 1. DUTY-FREE TREATMENT FOR MACHINES AND

4 COMPONENTS USED IN THE MANUFACTURE

5 OF DVDS.

6 (a) IN GENERAL.—Subheadings 8477.10.40 and

7 8479.89.85 of the Harmonized Tariff Schedule of the
2

•S 2648 IS

1 United States are each amended by striking ‘‘video laser

2 discs’’ and inserting ‘‘digital versatile discs’’.

3 (b) U.S. NOTE.—The additional U.S. Notes to chap4 ter 84 of the Harmonized Tariff Schedule of the United

5 States are amended by adding at the end the following

6 new note:

7 ‘‘4. Notwithstanding notes 2, 3, and 4 of section XVI, ma8 chines and components used for the manufacture of digital

9 versatile discs under subheading 8479.89.85, and parts

10 thereof, whether imported separately or as a whole, in11 clude mastering machines which are comprised of one or

12 more of the following machines or components: ashing ma13 chines, lapping machines, center hole punching machines,

14 glass polishing machines, glass cleaning machines, in-line

15 system machines, laser encoder machines, electrolytic plat16 ing machines, and electrolytic cleaning machines. Ma17 chines for the manufacture of digital versatile discs under

18 subheading 8479.89.85 also include replication machines

19 which are comprised of one or more of the following ma20 chines or components: bonding machines, aluminum sput21 ter machines, gold sputter machines, coater machines,

22 stacker machines, molds, inspection machines, control

23 panels, interface units, and optical laser scanners.’’.

24 (c) EFFECTIVE DATE.—The amendments made by

25 subsections (a) and (b) apply with respect to goods en-
3

•S 2648 IS

1 tered, or withdrawn from warehouse for consumption, on

2 or after the 15th day after the date of the enactment of

3 this Act.

Æ
Exhibit 32.1



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), I, Constance B. Moore hereby certify, to the best of my knowledge, that the Annual Report on Form 10-K for the year ended December 31, 2005 (the Form 10-K) of BRE Properties, Inc. fully complies with the
requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations
of BRE Properties, Inc.



|                     |  |                                                         
|-------------------- |  | --------------------------------------------------------
|Dated: March 6, 2006 |  | /s/    Constance B. Moore                               
|                     |  | Constance B. Moore President and Chief Executive Officer
# Tentative 2011 Legislative Schedule

**

----

**112th Congress, 1st Session**

The *tentative* schedule for 2011 has been announced. The list below identifies expected non-legislative periods (days that the Senate *will not* be in session). The schedule is also available in calendar format (pdf image). The 2010 tentative schedule is still available. 
DateActionNoteJan 5Convene Jan 10-Jan 21State Work PeriodMartin Luther King Jr. Holiday- Jan 17Feb 21-Feb 25State Work PeriodPresidents' Day- Feb 21Mar 21-Mar 25State Work Period Apr 18-Apr 29State Work Period May 30-Jun 3State Work PeriodMemorial Day- May 30Jul 4-Jul 8State Work PeriodIndependence Day- Jul 4Aug 8-Sep 5State Work PeriodLabor Day- Sep 5Sep 26-Sep 30State Work Period Oct 10Federal HolidayColumbus DayOct 24-Oct 28State Work Period Nov 11Federal HolidayVeterans' DayTBDTarget Adjournment Date
Updated on Dec 9, 2010
|   |
|--------|

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### Days in Session 

These calendars (Congress.gov)  list the days the Senate met for each session of Congress.

Visit the "Sessions of Congress"  web page to find out more about this topic.

### House Calendar 

View the House of Representatives Calendars.

### Senators Phone List 

This list of senators' suite and phone numbers in pdf format is updated every couple of weeks at the beginning of a new Congress.

### Related Links 

Learn about the *Legislative Process and the United States Senate*. (CRS) (PDF)
102d Congress, 2d Session House Document 102-197

VETO OF H.R. 2212

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

H IS VETO OF H R. 2212, THE “UNITED STATES-CHINA ACT OF 1991”

M a r c h 3, 1992.— M essage and accompanying bill ordered to be printed.

59-011

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1992
To the House of Representatives: I am returning herewith without my approval H.R. 2212, the ‘‘United States-China Act of 1991,” which places additional condi­ tions on renewal of China's most-favored-nation (MFN) trade 

status. The sponsors of H.R. 2212 believe they can promote broad eco­ nomic and foreign policy objectives in China by placing conditions on the renewal of China's MFN status. They expect that the Chi­ nese will improve respect for human rights, cooperate in arms con­ trol, and drop barriers to trade, given a choice between losing MFN and addressing these concerns. Let me state at the outset that my Administration shares the goals and objectives of H.R. 2212. Upholding the sanctity of human rights, controlling the spread of weapons of mass destruction, and free and fair trade are issues of vital concern. My objection lies strictly with the methods proposed to achieve these aims. There is no doubt in my mind that if we present China's leaders with an ultimatum on MFN, the result will be weakened ties to the W est and further repression. The end result will not be progress on hum an rights, arms control, or trade. Anyone familiar with recent Chinese history can attest that the most brutal and protracted pe­ riods of repression took place precisely when China turned inward, against the world. Recent agreements by the Chinese to protect U.S. intellectual property rights, to abide by the Missile Technology Control Regime Guidelines, to accede to the Nuclear Non-Proliferation Treaty by April, and to discuss our human rights concerns—after years of stonewalling—are the clear achievements of my Administration’s policy of comprehensive engagement. We have the policy tools at hand to deal with our concerns effec­ tively and with realistic chances for success. The Administration’s comprehensive policy of engagement on several separate fronts in­ vites China’s leadership to act responsibly without leaving any doubts about the consequences of Chinese misdeeds. Our approach is one of targeting specific areas of concern with the appropriate policy instruments to produce the required results. H.R. 2212 would severely handicap U.S. business in China, penalizing American w orkers and eliminating jobs in this country. Conditional MFN statu s would severely damage the Western-oriented, modernizing elem ents in China, weaken Hong Kong, and strengthen opposition to democracy and economic reform. W e are making a difference in China by remaining engaged. Be­ cause the Congress has attached conditions to China's MFN renew­ al th a t will jeopardize this policy, I am returning H.R. 2212 to the H ouse of Representatives without my approval. Such action is

(l)
needed to protect the economic and foreign policy interests of the United States.

George Bu sh.

2

The White House, March 2, 1992.
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 19-0167

_________________

STATE OF MONTANA,

 Plaintiff and Appellee,

 v.

ALAN TODD RUFF,

 Defendant and Appellant.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

submission on briefs to a five-justice panel of this Court. 

The Clerk is directed to provide a copy hereof to all counsel of record and to the 

Honorable John C. Brown, District Judge.

For the Court,

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

December 8 2021

12/08/2021

Case Number: DA 19-0167
EXHIBIT 23.1Consent of Independent Registered Public Accounting FirmWe consent to the incorporation by reference in the Registration Statements (Form S-8, No.333-115910, Form S-8, No. 333-116769, Form S-8, No. 333-71532, Form S-8, No. 333-55480, Form S-8,No. 333-62907, and Form S-8, No. 333-137159) of TLC Vision Corporation of our reports dated March5, 2007, with respect to the consolidated financial statements and schedule of TLC VisionCorporation, TLC Vision Corporation management’s assessment of the effectiveness of internalcontrol over financial reporting, and the effectiveness of internal control over financialreporting of TLC Vision Corporation, included in the Annual Report (Form 10-K) for the year endedDecember 31, 2006.                                                        /s/Ernst & Young LLP         St. Louis, Missouri