alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.19






Exhibit 10.19




FIRST AMENDMENT

TO THE

FIRSTMERIT CORPORATION

2008 EXCESS BENEFIT PLAN




     WHEREAS, FirstMerit Corporation (the “Company”) adopted the 2008 Excess Benefit Plan (the
“Plan”), effective as of January 1, 2008;



     WHEREAS, pursuant to Section 12.07 of the Plan, the Company may amend the Plan at any time
without participant consent unless the amendment retroactively reduces any amounts allocated to
participants’ accounts; and



     WHEREAS, the Company desires to amend the Plan to reflect certain administrative practices
with respect to contributions by the Company to participants’ accounts, pursuant to the terms and
conditions of this Amendment.



     NOW, THEREFORE, the Company hereby amends the Plan, effective as of December 31, 2008, as
follows:


1. Section 1.26 of the Plan is hereby amended by adding the following to the end thereof:





Notwithstanding the foregoing, in the event of a Participant’s death, Disability or
Retirement, any Supplemental Matching Contribution made pursuant to Article 3 of the Plan
in the Plan Year in which the Participant dies, becomes Disabled or Retires shall consist
of only matching contributions that can be determined as of the date of the Participant’s
death, Disability or Retirement.


IN WITNESS WHEREOF, this Amendment is hereby adopted effective as of the date set forth above.




	 	 	 	 	 
	 	 	FIRSTMERIT CORPORATION
	 
	 	 	 	 
	 

	 	By:
	 	/s/ Christopher J. Maurer
	 

	 	 	 	 
	 	 	Print Name: Christopher J. Maurer
	 	 	Its: Executive Vice President — H.R.






Date: December 30, 2008
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-6394

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

KELVIN ANDRE SPOTTS, a/k/a Shorty,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at 

Huntington. Robert C. Chambers, District Judge. (3:98-cr-00047-1; 3:00-cv-00647)

Submitted: August 29, 2023 Decided: September 1, 2023

Before KING, AGEE, and BENJAMIN, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

Kelvin Andre Spotts, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-6394 Doc: 9 Filed: 09/01/2023 Pg: 1 of 2
2

PER CURIAM:

Kelvin Andre Spotts appeals the district court’s order denying his petition for a writ 

of error coram nobis. The court denied the petition on the merits but also construed the 

petition as an unauthorized, successive 28 U.S.C. § 2255 motion. On appeal, Spotts argues 

that the court incorrectly construed his petition as a successive § 2255 motion because he 

is no longer “in custody.” See 28 U.S.C. § 2255(a) (requiring movant to be “in custody”). 

Although Spotts was released from prison in November 2022, he is still serving his 

supervised-release term. And a defendant serving his supervised-release term is considered 

“in custody” for the purpose of § 2255. See United States v. Swaby, 855 F.3d 233, 239 

(4th Cir. 2017). Because the more usual remedy is available, Spotts cannot seek relief 

through a coram nobis petition. See United States v. Lesane, 40 F.4th 191, 195-96 

(4th Cir. 2022).

Although the district court correctly characterized Spotts’ petition as a § 2255 

motion, it incorrectly addressed the merits because we had not authorized this successive 

§ 2255 motion. Accordingly, although we affirm the district court’s judgment, we modify 

the order to reflect that the motion is dismissed without prejudice for lack of jurisdiction. 

See Ali v. Hogan, 26 F.4th 587, 600 (4th Cir. 2022) (explaining that “a dismissal for lack 

of standing—or any other defect in subject matter jurisdiction—must be one without 

prejudice” (cleaned up)). We also deny Spotts’ motion to expand the record. We dispense 

with oral argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the decisional process.

AFFIRMED AS MODIFIED

USCA4 Appeal: 23-6394 Doc: 9 Filed: 09/01/2023 Pg: 2 of 2
Exhibit 32.1




CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




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), each of the undersigned officers of Volcan Holdings, Inc. (the “Company”), does hereby certify, to such officer’s knowledge, that:




The quarterly report on Form 10-Q for the quarter ended March 31, 2010 (the “Form 10-Q”) of the Company fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in the Form 10-Q.




Date: May 24, 2010





/s/ Pnina FeldmanPnina FeldmanChief Executive Officer

(Principal Executive Officer)/s/ Sholom FeldmanSholom FeldmanTreasurer and Secretary

(Principal Financial Officer)
EXHIBIT 32.1

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection  with the Quarterly  Report of Cytta Corp. (the "Company") on Form
10-Q for the  quarter  ended  June 30,  2011 as filed  with the  Securities  and
Exchange  Commission  on the date hereof (the  "Report"),  I, Stephen  Spalding,
Principal Executive and Financial Officer of the Company,  certify,  pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that;

     (1)  The Report fully  complies with the  requirements  of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     (2)  The  information  contained  in the  Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company.

A signed  original of this  written  statement  required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.


Dated: August 19, 2011


By: /s/ Stephen Spalding
   ----------------------------------------------
   Stephen Spalding
   CEO, Principal Executive and Financial Officer
Presidential Documents

29457

Presidential Determination No. 96–30 of June 3, 1996

Determination Under Subsection 402(d)(1) of the Trade Act

of 1974, as Amended—Continuation of Waiver Authority

Memorandum for the Secretary of State

Pursuant to subsection 402(d)(1) of the Trade Act of 1974, as amended

(the ‘‘Act’’), I determine that the further extension of the waiver authority

granted by subsection 402(c) of the Act will substantially promote the objectives of section 402 of the Act. I further determine that the continuation

of the waivers applicable to Albania, Armenia, Azerbaijan, Belarus, Georgia,

Kazakstan, Kyrgyzstan, Moldova, Mongolia, Tajikistan, Turkmenistan,

Ukraine, and Uzbekistan will substantially promote the objectives of section

402 of the Act.

You are authorized and directed to publish this determination in the Federal

[FR Doc. 96–14818

Register

THE WHITE HOUSE,

Washington, June 3, 1996.

.

œ–

Filed 6–7–96; 8:45 am]

Billing code 4710–10–M
**Exhibit
      32.1**





**Certification****of Principal Executive Officer**


**Pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to**


**Section
      906 of the Sarbanes-Oxley Act of 2002**





In
      connection with the Quarterly Report of Vision Acquisition I, Inc. (the
      "Company") on Form 10-QSB for the period ended June 30, 2007 as filed with
      the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Antti
      William Uusiheimala, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
      pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





(1)
      The
      Report fully complies with the requirements of section 13(a) or 15(d) of the
      Securities Exchange Act of 1934; and





(2)
      The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.





/s/
                Antti William UusiheimalaAntti
                William Uusiheimala
              Principal
                Executive Officer
              November
                1, 2007
IN THE THIRD COURT OF APPEALS 

 AT AUSTIN, TEXAS

ASHLEY ROXANNE 

HENDERSON,

 Appellant

CAUSE NO. 03-15-00699-CR 

TRIAL COURT NO. 9287

v.

THE STATE OF TEXAS,

Appellee

MOTION TO DISMISS APPEAL 

TO THE HONORABLE JUSTICES OF SAID 

COURT:

Now comes Ashley Roxanne Henderson, appellant in the above 

styled and numbered case, before the decision in this Court has been 

delivered, and respectfully moves this Court to withdraw appellant's 

notice of appeal and to dismiss this appeal pursuant to Rule 42.2 of the 

Texas Rules of Appellate Procedure because she no longer wishes to 

pursue her appeal.

 

Approved 

Copeland Law Office

P.O. Box 399

Cedar Park, TX78613 

512.215.8114

By: /s/Tim Copeland 

Tim Copeland

State Bar No. 04801500 

Attorney for Appellant

 R

ACCEPTED

03-15-00699-CR

8264888

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/16/2015 1:44:19 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/16/2015 1:44:19 PM JEFFREY D. KYLE Clerk
CERTIFICATE OFSERVICE

This is to certify that on the 16th day of December, 2015, a true and 

correct copy of the above and foregoing document was served on the 

County Attorney's Office, Lampasas County, Texas, by facsimile 

transmission in accordance with the applicable rules of appellate and 

criminal procedure.

/s/ TimCopeland

Tim Copeland
#### STATE of Missouri, Plaintiff/Respondent, v. Ephron LONG, Defendant/Appellant.

No. 64439.

Missouri Court of Appeals, Eastern District, Division One.

Aug. 9, 1994.

Robert E. Steele, Jr., Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

Before REINHARD, P.J., and CRIST and CRAHAN, JJ.

*ORDER*

PER CURIAM.

Defendant was charged by amended information with unlawful use of a weapon, § 571.030.1(1), RSMo 1986. Defendant was convicted by a jury. He was sentenced by the court as a prior and persistent offender to a prison term of four years. We affirm. We have reviewed the record and find the claims of error to be without merit. An opinion would have no precedential value nor serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the *650reasons for this order pursuant to Rule 30.-25(b).
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Notices]
[Page 31167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15546]



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

DEPARTMENT OF LABOR
[TA-W-32,284]


United Technologies Automotive, Inc., Newton, Illinois; Notice of 
Termination of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, an investigation 
was initiated on April 29, 1996 in response to a worker petition which 
was filed on March 21, 1996 on behalf of workers at United Technologies 
Automotive, Inc., Newton, Illinois.
    The petitioner has requested that the petition be withdrawn. 
Consequently, further investigation in this case would serve no 
purpose, and the investigation has been terminated.

    Signed in Washington, D.C. this 6th day of June 1996.
Curtis K. Kooser,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-15546 Filed 6-18-96; 8:45 am]
BILLING CODE 4510-30-M
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

( __ FILED __ LODGED 

-r-==.:.R.:.:;;;EC::.::.E:.!!IVE::::,D--==~C~OPY 

BY 

JUN 1 1 2019 

CLERK US DISTRICT COURT 

DISTRICT OF ARIZONA 

DEPUTY 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, . . 

Plaintiff, 

V. 

Scott Daniel Warren, 

Defendant. 

.) 

No. CR-18-00223-TUC-RCC(DTF) 

JURY QUESTIONS 

DURING TRIAL 

Jury questions during trial. 

Day3 

Case 4:18-cr-00223-RCC-DTF Document 268 Filed 06/11/19 Page 1 of 2
~-=·=-fzcP ~-.t-5-cJJ-_ - i --~- I 

Case 4:18-cr-00223-RCC-DTF Document 268 Filed 06/11/19 Page 2 of 2
ex1089.htm


    
      

      

    


    December
4, 2008

     

    Mr.
Alberto Ibargüen

    John S.
& James L. Knight Foundation

    200 S.
Biscayne Blvd., Suite 3300

    Miami,
FL  33131-2349

    


    Dear
Alberto:

     

    This will
confirm the following agreement relating to the deferral of your director’s
retainers and fees for 2009.

     

    1.           All
director’s fees and retainer (“Fees”) payable to you in connection with your
service on the boards of directors (including committees of such boards) of AMR
Corporation and American Airlines, Inc. for the period January 1, 2009 through
December 31, 2009, will be deferred and paid to you in accordance with this
letter agreement.

     

    2.           Fees
will be converted to Stock Equivalent Units in accordance with the Procedures
for Deferral of Board Retainers and Fees, as amended and restated, a copy of
which is attached hereto as Exhibit A (the “Plan”).

     

    3.           On
the 30th business day after the date when you cease to be a Director of AMR
Corporation and any affiliates, and cease rendering services, the Stock
Equivalent Units accrued pursuant to the Plan will be converted to cash and paid
to you in a lump sum by multiplying the number of such Stock Equivalent Units by
the arithmetic mean of the high and the low of AMR stock (“fair market value”)
during the month when you ceased to be a Director of AMR Corporation and any
affiliates, and cease rendering services.  Payment cannot be
accelerated.

     

    4.           In
the event of your death, the number of Stock Equivalent Units as of your date of
death will be multiplied by the fair market value of AMR stock during the
calendar month immediately preceding your death, and the amount paid to Alberto
Ibargüen Revocable Trust.  The payment contemplated by this paragraph
4 will be made on the 30th
business day following the date of your death.

     

    If the
foregoing is satisfactory to you, please indicate by signing one of the
originals (two are enclosed) and returning it to me.

     

    


     

    


    Very
truly yours,

     

    /s/ Kenneth W. Wimberly

    Kenneth
W. Wimberly

    Corporate
Secretary

    


    


    


    


    


    Accepted
and agreed:

    


    


    /s/
Alberto Ibarguen

    Alberto
Ibarguen
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 342 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 342

  Expressing support for designation of May 2, 2009, as ``Vietnamese 
                            Refugees Day''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2009

 Mr. Cao submitted the following resolution; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                               RESOLUTION

 
  Expressing support for designation of May 2, 2009, as ``Vietnamese 
                            Refugees Day''.

Whereas the Library of Congress' Asian Division together with many Vietnamese-
        American organizations across the United States will sponsor a ``Journey 
        to Freedom: A Boat People Retrospective'' symposium on May 2, 2009;
Whereas Vietnamese refugees were asylum-seekers from Communist-controlled 
        Vietnam;
Whereas many Vietnamese escaped in boats during the late 1970s, after the 
        Vietnam War and by land across the Cambodian, Laotian, and Thai borders 
        into refugee camps in Thailand;
Whereas over 2,000,000 Vietnamese boat people and other refugees are now spread 
        across the world, in the United States, Australia, Canada, France, 
        England, Germany, China, Japan, Hong Kong, South Korea, the Philippines, 
        and other nations;
Whereas over half of all overseas Vietnamese are Vietnamese-Americans, and 
        Vietnamese-Americans are the fourth-largest Asian American group in the 
        United States;
Whereas, as of 2006, 72 percent of Vietnamese-Americans were naturalized United 
        States citizens, the highest rate among all Asian groups;
Whereas Vietnamese-Americans have made significant contributions to the rich 
        culture and economic prosperity of the United States;
Whereas Vietnamese-Americans have distinguished themselves in the fields of 
        literature, the arts, science, and athletics, and include actors and 
        actresses, physicists, an astronaut, and Olympic athletes; and
Whereas May 2, 2009, would be an appropriate day to designate as ``Vietnamese 
        Refugees Day'': Now, therefore, be it
    Resolved, That the House of Representatives supports the 
designation of ``Vietnamese Refugees Day'' in order to commemorate the 
arrival of Vietnamese refugees in the United States, to document their 
harrowing experiences, and subsequent achievements in their new 
homeland, to honor the host countries that welcomed the boat people, 
and to recognize the voluntary agencies and nongovernmental 
organizations that facilitated their resettlement, adjustment, and 
assimilation into mainstream society in the United States.
                                 <all>
```
[Federal Register Volume 61, Number 100 (Wednesday, May 22, 1996)]
[Notices]
[Page 25741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12770]



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

DEPARTMENT OF THE TREASURY
[AC-33; OTS No. 5201]


The Dime Savings Bank of Williamsburgh, Brooklyn, New York; 
Approval of Conversion Application

    Notice is hereby given that on May 14, 1996, the Director, 
Corporate Activities, Office of Thrift Supervision, or her designee, 
acting pursuant to delegated authority, approved the application of The 
Dime Savings Bank of Williamsburg, Brooklyn, New York, to convert to 
the stock form of organization. Copies of the application are available 
for inspection at the Dissemination Branch, Office of Thrift 
Supervision, 1700 G Street, N.W., Washington, D.C. 20552, and the 
Northeast Regional Office, Office of Thrift Supervision, 10 Exchange 
Place, 18th Floor, Jersey City, New Jersey 07302.

    Dated: May 16, 1996.

    By the Office of Thrift Supervision.
Nadine Y. Washington,
Corporate Secretary.
[FR Doc. 96-12770 Filed 5-21-96; 8:45 am]
BILLING CODE 6720-01-P
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

THE EVA CLAIRE CORPORATION, a )

Florida Corporation, )

)

Appellant, )

)

v. ) Case No. 2D18-450

)

MID-CONTINENT CASUALTY COMPANY, )

a Foreign Corporation, )

)

Appellee. )

___________________________________)

Opinion filed December 5, 2018.

Appeal from the Circuit Court for

Hillsborough County; Rex M. Barbas, 

Judge.

Trenton H. Cotney, Brian K. Oblow, Marci E. 

Britt and Daniel R. Auerbach of Cotney 

Construction Law, LLP, Tampa, for 

Appellant.

Maureen G. Pearcy, Ronald L. Kammer 

and Pedro E. Hernandez of Hinshaw & 

Culbertson, LLP, Coral Gables, for 

Appellee.

PER CURIAM.

Affirmed. 

SILBERMAN, MORRIS, and BADALAMENTI, JJ., Concur.
Exhibit 4.9

                                 PROMISSORY NOTE
$5,000.00                                               Date:  November 15, 2000

For value received, the undersigned  MariCulture Systems, Inc. (the "Borrower"),
at PO Box 968, Lake Stevens, Washington 98258-0968, promises to pay to the order
of Elaine  Louise  Meilahn,  (the  "Lender"),  at 7219 196th  Street  SW,  #C-3,
Lynnwood,  Washington  98036-4402,  (or at such  other  place as the  Lender may
designate in writing) the sum of $5,000.00 with interest  calculated  separately
on the unpaid  principal of the loan dating from the date of  inception,  at the
rate of 12.00% per annum.

The individual loan that have been made to the Borrower is itemized as follows:
           $5,000.00 on 11/15/2000.

The unpaid principal and accrued interest shall be payable in full on any future
date on which the Lender demands repayment (the "Due Date").

All payments on this Note shall be applied first in payment of accrued  interest
and any remainder in payment of principal.

The Borrower  reserves the right to prepay this Note (in whole or in part) prior
to the Due Date with no prepayment penalty.

If any payment  obligation  under this Note is not paid when due,  the  Borrower
promises to pay all costs of  collection,  including  reasonable  attorney fees,
whether or not a lawsuit is commenced as part of the collection process.

If any  one or  more  of the  provisions  of  this  Note  are  determined  to be
unenforceable,  in whole or in part,  for any reason,  the remaining  provisions
shall remain fully operative.

All payments of  principal  and interest on this Note shall be paid in the legal
currency of the United  States.  The Borrower  waives  presentment  for payment,
protest, and notice of protest and nonpayment of this Note.

No renewal or extension of this Note, delay in enforcing any right of the Lender
under this Note, or assignment by Lender of this Note shall affect the liability
or the obligations of the Borrower. All rights of the Lender under this Note are
cumulative and may be exercised  concurrently or  consecutively  at the Lender's
option.

This  Note  shall be  construed  in  accordance  with  the laws of the  State of
Washington.

Signed this 1st day of December, 2000, at Lake Stevens, WA

Borrower:
MariCulture Systems, Inc.
By: /s/ David E. Meilahn
     President