alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w2






Exhibit 10.2




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 Terrence M Babilla (the “Executive”).



Whereas: the Company has entered into an Amended and Restated Executive Officer 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$131,250.00.



Signed:




	 	 	 	 	 
	 	 	 
	Sport Supply Group, Inc.: 	By:  	/s/ William M. Lockhart
 	 
	 	 	William M. Lockhart 	 
	 	 	Chairman, Compensation Committee of the Board 	 
	 
	 	 	 
	Executive: 	By:  	/s/ Terrence M. Babilla
 	 
	 	 	Terrence M. Babilla 	 
	 	 	President, Chief Operating Officer, General Counsel
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk November 21, 2011

d1114 

# Order

November 21, 2011

143620

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 143620 COA: 304427 Oakland CC: 2009-229057-FH JONATHAN JAY MICHALCZAK, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the applicati on for leave to appeal the August 10, 2011 order of the Court of Appeals is consider ed, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
Case 100 — INDICTMENT—

January 29.

#### Commonwealth v. Eversole.

APPEAL FROM OWSLEY CIRCUIT COURT.

Indictment — Variance.—Under an indictment for aiding a prisoner to escape, an averment that he was detained on a charge of murder is made good by evidence of detention on a, charge of manslaughter, as murder includes manslaughter.

WM. J. HENDRICK, Attorney-General, for appellant.

There is no variance. Whether the charge was murder or manslaughter is immaterial, both being felonies. If one had been a felony and the other a misdemeanor the case would be different. (Ky. Stats., sec. 1239; Tully v. Commonwealth, 11 Bush, 154.)

JUDGE DuRELLE

delivered the opinion of the court.

Appellee was indicted, under section 1239 of the Kentucky Statutes, for aiding a prisoner to escape from jail, who was detained on a charge of felony, and the indictment alleged that the prisoner “was at the time confined in said jail and detained there upon a charge of murder.” The evi*639dence upon the trial showed the defendant to have been detained upon the charge of *voluntary manslaughter,*and the court gave a peremptory instruction for the defendant, upon the ground that the variance was fatal.

We are of opinion that the court below erred in this ruling. The gravamen of the charge is the aiding a prisoner to escape, who was detained on a charge of felony. Both murder and manslaughter are felonies, and are degrees of homicide, the latter being included in the former. A conviction of manslaughter might be had under an indictment for murder. And in an indictment for aiding a prisoner to escape, an averment that he was detained on a charge of murder is made good by evidence of detention on a charge of manslaughter, because murder includes manslaughter. Bishop’s New Criminal Procedure, section 488, e., 4; State v. Cody, 1 Winst, 197.

Wherefore it is ordered that this opinion be certified to the lower court.
II

106TH CONGRESS

2D SESSION S. 2650

To suspend temporarily the duty on machines, and their parts, for use

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 suspend temporarily the duty on machines, and their

parts, for use 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. TEMPORARY SUSPENSION OF DUTY.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:
2

•S 2650 IS

‘‘ 9902.84.07 Laser Encoder

Machines, whether imported as

an entirety, or in

components, or

parts thereof, for

use in the manufacture of digital

versatile discs

(DVDs) (provided for in subheading

8479.89.97) ....... Free No change No change On or before

12/31/03 ’’.

1 (b) EFFECTIVE DATE.—The amendment made by

2 this section applies with respect to goods entered, or with3 drawn from warehouse for consumption, on or after the

4 15th day after the date of the enactment of this Act.

Æ
II

106TH CONGRESS

1ST SESSION S. 241

To amend the Federal Meat Inspection Act to provide that a quality grade

label issued by the Secretary of Agriculture for beef and lamb may

not be used for imported beef or imported lamb.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. JOHNSON (for himself and Mr. ENZI) introduced the following bill; which

was read twice and referred to the Committee on Agriculture, Nutrition,

and Forestry

A BILL

To amend the Federal Meat Inspection Act to provide that

a quality grade label issued by the Secretary of Agriculture for beef and lamb may not be used for imported

beef or imported lamb.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Truth in Quality Grad5 ing Act of 1999’’.
2

•S 241 IS

1 SEC. 2. QUALITY GRADE LABELING OF BEEF AND LAMB.

2 (a) DEFINITIONS.—Section 1 of the Federal Meat In3 spection Act (21 U.S.C. 601) is amended by adding at

4 the end the following:

5 ‘‘(w) BEEF.—The term ‘beef’ means meat pro6 duced from cattle (including veal).

7 ‘‘(x) IMPORTED BEEF.—The term ‘imported

8 beef’ means beef that is not United States beef,

9 whether or not the beef is graded with a quality

10 grade issued by the Secretary.

11 ‘‘(y) IMPORTED LAMB.—The term ‘imported

12 lamb’ means lamb that is not United States lamb,

13 whether or not the lamb is graded with a quality

14 grade issued by the Secretary.

15 ‘‘(z) LAMB.—The term ‘lamb’ means meat,

16 other than mutton, produced from sheep.

17 ‘‘(aa) UNITED STATES BEEF.—

18 ‘‘(1) IN GENERAL.—The term ‘United

19 States beef’ means beef produced from cattle

20 slaughtered in the United States.

21 ‘‘(2) EXCLUSION.—The term ‘United

22 States beef’ does not include beef produced

23 from cattle imported into the United States in

24 sealed trucks for slaughter.

25 ‘‘(bb) UNITED STATES LAMB.—
3

•S 241 IS

1 ‘‘(1) IN GENERAL.—The term ‘United

2 States lamb’ means lamb produced from sheep

3 slaughtered in the United States.

4 ‘‘(2) EXCLUSION.—The term ‘United

5 States lamb’ does not include lamb produced

6 from sheep imported into the United States in

7 sealed trucks for slaughter.’’.

8 (b) MISBRANDING.—Section 1(n) of the Federal

9 Meat Inspection Act (21 U.S.C. 601(n)) is amended—

10 (1) in paragraph (11), by striking ‘‘or’’ at the

11 end;

12 (2) in paragraph (12), by striking the period at

13 the end and inserting ‘‘; or’’; and

14 (3) by adding at the end the following:

15 ‘‘(13) if it is imported beef or imported lamb

16 and bears a label that indicates a quality grade

17 issued by the Secretary.’’.

18 (c) REGULATIONS.—Not later than 1 year after the

19 date of enactment of this Act, the Secretary of Agriculture

20 shall promulgate final regulations to carry out the amend21 ments made by this section.

22 (d) EFFECTIVE DATE.—The amendments made by

23 this section take effect 60 days after the date on which

24 final regulations are promulgated under subsection (c).

Æ
Exhibit
10.3

    

     

    ADVANCED
MESSAGING SOLUTIONS INC.

    (the
“Company”)

     

    FOUNDER’S SHARE
SUBSCRIPTION 

     

    The
undersigned (the “Subscriber”) acknowledges and agrees that:

     

    
      
        	
                1.

              	
                the
      Subscriber is a founder of the
Company;

              


      

    

     

    
      
        	
                2.

              	
                the
      Subscriber subscribes for seven hundred and fifty thousand (750,000)
      common shares (the
      “Shares”) in the authorized capital of the Company at a price of US $0.01
      per Share, and agrees to pay the purchase price for the Shares prior to
      their issuance;

              


      

    

     

    
      
        	
                3.

              	
                the
      Subscriber has been advised to consult the Subscriber’s own legal, tax and
      other advisors with respect to the merits and risks of an investment in
      the Shares and with respect to applicable resale restrictions, and the
      Subscriber is solely responsible (and the Company is not in any way
      responsible) for compliance
with:

              


      

    

     

    
      
        	
              	
                (a)

              	
                any
      applicable laws of the jurisdiction in which the Subscriber is resident in
      connection with the distribution of the Shares hereunder,
    and

              


      

    

     

    
      	
            	
              (b)

            	
              applicable
      resale restrictions. 

            


    

     

    Dated as of the 27th day of
December, 2007.

     

    
      
        
          
            	
                    /s/
      Moses Carlo Paez

                  
	
                    MOSES
      CARLO PAEZ

                  


          

        

      

    

     

    INFORMATION
REQUIRED FOR REGISTRATION:

     

    
      
        
          	
                  Full
      name:

                
	
                  Moses
      Carlo Paez

                


        

      

    

     

    Residential
Address:

    
       

      42 San Simon
St.  

      BGY Holy Spirit


      Quezon
City,
Philippines
```

[Federal Register Volume 75, Number 92 (Thursday, May 13, 2010)]
[Notices]
[Page 27119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11283]

-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of Thrift Supervision

[AC-37: OTS No. H-47111]

ViewPoint Financial Group, Inc., Plano, Texas; Approval of 
Conversion Application

    Notice is hereby given that on May 6, 2010, the Office of Thrift 
Supervision approved the application of ViewPoint MHC and ViewPoint 
Bank, Plano, Texas, to convert to the stock form of organization. 
Copies of the application are available for inspection by appointment 
(phone number: 202-906-5922 or e-mail [email protected]) at the 
Public Reading Room, 1700 G Street, NW., Washington, DC 20552, and the 
OTS Western Regional Office, 225 E. John Carpenter Freeway, Suite 500, 
Irving, Texas 75062-2326.

    Dated: May 7, 2010.

    By the Office of Thrift Supervision.
Sandra E. Evans,
Federal Register Liaison.
[FR Doc. 2010-11283 Filed 5-12-10; 8:45 am]
BILLING CODE 6720-01-M
```
<PAGE>
                                                                    Exhibit 18.1

December 29, 2005

Mr. Robert L. Laurent, Jr.
Chief Financial Officer
Fedders Corporation
505 Martinsville Road
Liberty Corner, NJ 07938-0813

Dear Mr. Laurent:

Note 6 of the notes to the condensed consolidated financial statements of
Fedders Corporation included in its Form 10-Q for the quarter ended September
30, 2005 describes a change in the application of an accounting principle as a
result of changing the date for performing the annual goodwill impairment test
from September 1st to October 1st. It should be understood that there are no
authoritative criteria for determining a preferable testing date, and in
expressing our concurrence below we have relied on management's determination
that this change in the application of an accounting principle is preferable.
Based on our reading of management's stated reasons and justifications for this
change and our discussions with management as to the relevant business planning
factors relating to the change, we concur with management that this change in
the application of an accounting principle as referred to above and described in
your Form 10-Q is preferable under the circumstances.

We have not audited any of the condensed consolidated financial statements
included in the Form 10-Q for the quarter ended September 30,2005 of Fedders
Corporation as of any date or for any period. Therefore, we are unable to
express, and we do not express, an opinion on the facts set forth in the
above-mentioned Form 10-Q, on the related information furnished to us by
officials of Fedders Corporation, or on the consolidated financial position,
results of operations, or cash flows of Fedders Corporation.

Very truly yours,


/s/ UHY LLP
UHY LLP
New York, New York
EX-4.10









EXHIBIT 4.10




CONSENT OF EXPERT




     I, Ronald Moran, of Vetrin Mine Planners Ltd. (“Vetrin”), 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 the technical report
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 (the “Incorporated
Information”). I also consent to the reference to Vetrin’s name and to Vetrin’s involvement in the
preparation of the Incorporated Information in this Registration Statement.



VETRIN MINE PLANNERS, LTD.




	 	 	 
	  /s/ Ronald Moran
 

Name: Ronald Moran

	 	 
	Title: _President
	 	 






Date: June 15, 2009
EXHIBIT B4 

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# William P. Fessenden: A Featured Biography

**

----

As chairman of the Senate Finance Committee during the Civil War, William Pitt Fessenden of Maine was the architect of many of the nation's wartime revenue policies. When the Revenue Act of 1861 failed to generate necessary funds, Fessenden revised a House revenue bill in early 1862. After consultation with members, lobbyists, and the Lincoln administration, Fessenden introduced "this infernal tax bill" in May, igniting two weeks of intense debate among senators. The Senate finally approved the bill with more than 300 amendments on June 6, 1862, with only one dissenting vote—an indication of Fessenden's adroit political skill. It was his intimate knowledge of the nation's wartime financial needs that led President Abraham Lincoln to nominate Fessenden as secretary of the treasury, a position he held from July 1864 until March 1865. The Maine legislature returned Fessenden to the Senate in 1865 and he served until his death in Portland, Maine, on September 8, 1869.

All Featured Biographies

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### Organizational Chart 

This chart shows the relationships among Senate leaders and officers who manage the flow of legislative and administrative business in the Senate.  

### Contact Your Senator 

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William P. Fessenden
# ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA DA 19-0343 ROBERT DANNELS,

Plaintiffand Appellee, v. BNSF RAILWAY COMPANY,

Defendant and Appellant. 

# FILED APR 2 7 2020 Bowen Greenwood Clerk of Supreme Court State of Montana ORDER

Justice Laurie McKinnon has recused herself from this matter, which has been set for oral argument on June 10, 2020. IT IS ORDERED that the Honorable Amy Eddy, District Judge, will sit as a member ofthis Court in place ofJustice McKinnon. The Clerk is directed to provide a copy ofthis Order to all counsel ofrecord and to the Honorable Amy Eddy,District Judge. DATED this 

### Z3—

day ofApril, 2020. For the Court, ChiefJustice 04/27/2020

Case Number: DA 19-0343
<PAGE>

                       CONSENT OF INDEPENDENT ACCOUNTANTS

         We consent to the incorporation by reference in the registration
statements of En Pointe Technologies, Inc. on Form S-8 (File Nos. 333-90037,
333-64785, 333-10583 and 333-33323) of our report dated December 20, 1999, on
our audits of the consolidated financial statements and consolidated
financial statement schedule of En Pointe Technologies, Inc. as of September
30, 1999 and 1998 and for each of the three years in the period ended
September 30, 1999, which report is included in this Annual Report on Form
10-K. We also consent to the reference of our firm under the caption
"Selected Financial Data".

PricewaterhouseCoopers LLP
Los Angeles, California
December 20, 1999
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     4,390,823
<OTHER-SE>                                  (4,390,823)        
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
                                              

</TABLE>
##### 



EXHIBIT 32.01
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
 PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
    Date: March 27, 2007
    
    /s/ John C. GoffJohn C. GoffChief Executive Officer




---



##### 



CERTIFICATION OF CHIEF FINANCIAL OFFICER
 PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
    Date: March 27, 2007
    
    /s/ Jerry R. Crenshaw, Jr.Jerry R. Crenshaw, Jr.
Chief Financial Officer