alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exhibit10_17.htm


    
      Exhibit
10.17

       

       

       

      FIRST
AMENDMENT

      TO

      BRUNSWICK
CORPORATION

      2005 ELECTIVE DEFERRED
INCENTIVE COMPENSATION PLAN

      (As
Amended and Restated January 1, 2009)

      


       

      WHEREAS,
Brunswick Corporation (the “Company”), maintains the Brunswick Corporation 2005
Elective Deferred Incentive Compensation Plan (the “Plan”); and

       

      WHEREAS,
amendment of the Plan is now deemed desirable to give participants with an
Elective Stock Deferral Account under the Plan a one-time opportunity to make or
change an in-service distribution election with respect to such Elective Stock
Deferral Account in accordance with the transition relief provided in Internal
Revenue Service Notice 2007-86;

       

      NOW,
THEREFORE, by virtue and in exercise of the amendment authority reserved to the
Company in Section 7 of the Plan, the Plan is hereby amended by adding the
following new paragraph to the end of Section 4.2 of the Plan:

       

      “Notwithstanding
the foregoing provisions of this Section 4.2, during the election period
established by the Committee, which shall end no later than December 31, 2008, a
Participant may make or change an In-Service Distribution Election with respect
to all or a portion of the vested stock units credited to his or her Elective
Stock Deferral Account as of December 31, 2008 (including deemed reinvestment of
dividends thereon); provided, however, the in-service distribution date elected
may not be prior to April 1, 2009.  Such In-Service Distribution
Election shall be irrevocable after December 31, 2008.  Except as
specifically provided in this paragraph with respect to the ability to make or
change an In-Service Distribution Election on or before December 31, 2008, the
normal terms of the Plan shall govern distribution of a Participant’s Elective
Stock Deferral Account, including the provisions of Sections 4.1, 4.3 and
4.4.”
**EXHIBIT 23.1**
**CONSENT OF ERNST & YOUNG, LLP, INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
We consent to the incorporation by reference in the Registration Statement (Form S-8) pertaining tothe 1999 Equity Incentive Plan, 1999 Non-Employee Directors’ Stock Option Plan and the 1999Employee Stock Purchase Plan; and in the Registration Statement (Form S-8) pertaining to the 1999Equity Incentive Plan; and in the Registration Statement (Form S-8) pertaining to the 1999 EmployeeStock Purchase Plan and the 2002 CEO Option Plan of Scientific Learning Corporation of our reportdated February 6, 2004, except for the effects of therestatement as described in Note 2, as to which thedate is February 11, 2005, with respect to the financial statements and schedule of ScientificLearning Corporation included in its Annual Report (Form 10-K/A) for the year ended December 31,2003, filed with the Securities and Exchange Commission.
**/s/ ERNST & YOUNGLLP****Walnut Creek,California**
**February 14, 2005**
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Notices]
[Page 31929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15904]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

[CFDA NO.: 84.031G]


Endowment Challenge Grant Program; Cancellation of competition 
for new awards for Fiscal Year (FY) 1996

SUMMARY: On August 10, 1995 a notice was published in the Federal 
Register (60 FR 40965) inviting applications for new awards under the 
Endowment Challenge Grant Program for FY 1996. Since the Congress did 
not appropriate FY 1996 funds for the Endowment Challenge Grant 
Program, the Department of Education cancels the competition for new 
awards for FY 1996 under this program. The Department will not make new 
awards in FY 1996.

FOR FURTHER INFORMATION CONTACT: Dr. Louis J. Venuto, U.S. Department 
of Education, 600 Independence Avenue, S.W., Portals Building, Suite 
600C, Washington, D.C. 20202-5337. Telephone: (202) 708-8839. Internet 
address: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="d69ab9a3bfa5fbfb80b3b8a3a2b9969392f8919980">[email protected]</a>; Fax: (202) 401-7532. Individuals who use 
a telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 
p.m., Eastern time, Monday through Friday.

    Program Authority: 20 U.S.C. 1065.

    Dated: June 17, 1996.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.
[FR Doc. 96-15904 Filed 6-20-96; 8:45 am]
BILLING CODE 4000-01-P

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</html>
#### Arthur SMITH, Appellant, v. STATE of Missouri, Respondent.

No. 56559.

Missouri Court of Appeals, Eastern District, Division One.

Feb. 27, 1990.

Deborah B. Wafer, St. Louis, for appellant.

William L. Webster, Atty. Gen., Christine A. Alsop, Asst. Atty. Gen., Jefferson City, for respondent.

*911ORDER

PER CURIAM.

Movant appeals the denial after an evi-dentiary hearing of his motion to vacate sentence pursuant to Rule 29.15. We affirm. The findings and conclusions of the motion court are not clearly erroneous and an extended opinion would have no prece-dential value. The parties have been furnished with a memorandum for their information only setting forth the reasons for our order affirming the judgment pursuant to Rule 84.16(b).
Exhibit 10.28


 


Schedule of Named Executive Officers Party to


Change in Control Employment Agreement (BE4
and Higher Version)


 


 


(As of December 31, 2008)


 


Ralph
W. Babb, Jr., Chairman, President and Chief Executive Officer (original agreement dated as of May 29, 1997; revised agreement dated as of December 14, 2008)


 


Elizabeth
S. Acton, Executive Vice President and Chief Financial Officer (original agreement dated as of May 18, 2002; revised agreement dated as of December 18, 2008)


 


Joseph
J. Buttigieg, III, Vice Chairman (original agreement dated
as of May 28, 1997; revised agreement dated as of December 18,
2008)


 


Dennis
J. Mooradian, Executive Vice President, Wealth and Institutional Management (original agreement dated as of November 4, 2003; revised agreement dated as of December 18, 2008)


 


Mary
Constance Beck, Executive Vice President, Retail Bank (original
agreement dated as of November 3, 2004; revised agreement dated as of December 18, 2008)
<PAGE>

                                                                      EXHIBIT 32

                           CERTIFICATIONS 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 annual report of Novel Denim Holdings Limited
(the "Company") on Form 20-F for the fiscal year ended March 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, K.C. Chao, Chief Executive Officer and President 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.

                                    Date: September 30, 2003

                                    /s/ K.C. Chao
                                    -----------------

                                    Name: K.C. Chao
                                    Title: Chief Executive Officer and President

         In connection with the annual report of Novel Denim Holdings Limited
(the "Company") on Form 20-F for the fiscal year ended March 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Alain Rey, Chief 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.

                                    Date: September 30, 2003

                                    /s/ Alain Rey
                                    ------------------

                                    Name: Alain Rey
                                    Title: Chief Financial Officer
IV 

111TH CONGRESS 

1ST SESSION H. RES. 963 

Congratulating the Great Lakes Bay Regional Convention and Visitors Bureaus for securing the 2012 Region II United States Youth Soccer 

Association (USYSA) tournament. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 9, 2009 

Mr. KILDEE (for himself, Mr. CAMP, Mr. CONYERS, Mr. DINGELL, Mr. 

EHLERS, Mr. HOEKSTRA, Ms. KILPATRICK of Michigan, Mr. LEVIN, Mr. 

MCCOTTER, Mrs. MILLER of Michigan, Mr. PETERS, Mr. ROGERS of 

Michigan, Mr. SCHAUER, Mr. STUPAK, and Mr. UPTON) submitted the 

following resolution; which was referred to the Committee on Oversight 

and Government Reform 

RESOLUTION 

Congratulating the Great Lakes Bay Regional Convention 

and Visitors Bureaus for securing the 2012 Region II 

United States Youth Soccer Association (USYSA) tournament. 

Whereas the combined hard work of the Saginaw Soccer Association, the Michigan State Youth Soccer Association, 

the Great Lakes Bay Region Convention and Visitors Bureaus, Saginaw Valley State University, and Saginaw 

Charter Township was instrumental in bringing this tournament to mid-Michigan; 

Whereas the tournament is expected to bring 12,000 to 

14,000 visitors from North Dakota, South Dakota, MinVerDate Nov 24 2008 03:06 Dec 10, 2009 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR963.IH HR963

dcolon on DSK2BSOYB1PROD with BILLS
2 

•HRES 963 IH 

nesota, Iowa, Nebraska, Missouri, Wisconsin, Illinois, Indiana, Kansas, Kentucky, Ohio, and Michigan; 

Whereas the tournament will host 4,500 players and coaches 

from 212 soccer teams across the Midwest; 

Whereas the tournament is expected to bring in more than 

$7,000,000 to the region, providing an important boost 

to the local economy; 

Whereas the Saginaw Township Soccer complex has recently 

expanded to a 21-field soccer center and is located near 

first-class accommodations, restaurants, entertainment 

facilities, and the campus and Saginaw Valley State University, making it an optimal location for the USYSA 

tournament; and 

Whereas youth soccer provides an important athletic opportunity for our young people which teaches vital teamwork 

skills and can help improve self-esteem and academic 

achievement: Now, therefore, be it 

1 Resolved, That the House of Representatives con2 gratulates the Great Lakes Bay Regional Convention and 

3 Visitors Bureaus for securing the 2012 Region II United 

4 States Youth Soccer Association (USYSA) tournament. 

Æ 


dcolon on DSK2BSOYB1PROD with BILLS
#### Charles B. KRIEGEL and Patricia A. Kriegel, Appellants, v. The NORTH RIVER INSURANCE COMPANY, Respondent.

No. WD 47551.

Missouri Court of Appeals, Western District.

March 15, 1994.

James A. Rahm, Rahm, Crawford & Wen-del, Carrollton, for appellants.

Douglas R. Richmond, Robert G. Rooney, Armstrong, Teasdale, Schlafly & Davis, Kansas City, for respondent.

Before TURNAGE, C.J., and LOWENSTEIN and HANNA, JJ.

*ORDER*

PER CURIAM:

Appeal from a judgment in an automobile-collision ease.

Affirmed. Rule 84.16(b).
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection withthe Quarterly Report of Sally Holdings LLC (the “Company”) on Form 10-Qfor the quarterly period ended March 31, 2009 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Gary G.Winterhalter, Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,that:

 

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

 

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

 

 
|             | By:                                            | /s/ GARY G. WINTERHALTER |
|------------------|------------------------------------------------|--------------------------|
|             | Gary G. Winterhalter                           |
|             | Chief Executive Officer of  Sally Holdings LLC |
|             |                                           |
|             |                                           |
| May 6, 2009 |                                           |

 

----
|   | 1. | The      Report fully complies with the requirements of Section 13(a) and 15(d), as      applicable, 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      at the dates and for the periodsindicated. |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: November      19, 2009 | /s/ DARRELL      W. CAIN                                |
|-----------------------------------|--------------------------------------------------------------|
|                              | Darrell      W. Cain                                         |
|                              | Chief      Executive Officer,                                |
|                              | III      to I International Maritime Solutions Cayman,  Inc. |

----
In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-16-00257-CV 

SANDRA KELLEY, APPELLANT 

 

V. 

 

FIRST BANK & TRUST COMPANY, APPELLEE 

 

On Appeal from the County Court 

Hill County, Texas 

Trial Court No. 53,205, Honorable Justin W. Lewis, Presiding 

 

September 15, 2016 

 

MEMORANDUM OPINION 

 

Before CAMPBELL and HANCOCK and PIRTLE, JJ. 

Appellant, Sandra Kelley, appearing pro se, filed a notice of appeal on May 31, 

2016. The clerk’s record was due July 22, 2016. On August 1, 2016, the district clerk 

notified us that Kelley had not paid nor made arrangements to pay for the clerk’s record. 

See TEX. R. APP. P. 35.3(a)(2). By letter dated August 1, 2016, we directed Kelley to 

make payment arrangements acceptable to the district clerk by August 16, 2016. 

Failure to do so, we advised, would result in dismissal of the appeal for want of 

prosecution. See TEX. R. APP. P. 37.3(b).
2

To date, Kelley has not made payment arrangements for the clerk’s record nor 

has she filed any response to the Court’s letter. The appeal is therefore dismissed for 

want of prosecution, Kelley’s failure to comply with requirements of the Appellate Rules, 

and Kelley’s failure to comply with this Court’s order. TEX. R. APP. P. 37.3(b); 42.3(b), 

(c).

Per Curiam
Case 4:18-cv-00152-DCB-PSOT Document 1 Filed 03/22/18 Page 1 of 8
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Case 4:18-cv-00152-DCB-PSOT Document 1 Filed 03/22/18 Page 3 of 8
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Case 4:18-cv-00152-DCB-PSOT Document 1 Filed 03/22/18 Page 5 of 8
Case 4:18-cv-00152-DCB-PSOT Document 1 Filed 03/22/18 Page 6 of 8
Case 4:18-cv-00152-DCB-PSOT Document 1 Filed 03/22/18 Page 7 of 8
Case 4:18-cv-00152-DCB-PSOT Document 1 Filed 03/22/18 Page 8 of 8
DISTRICT JUDGE'S MINUTES

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA – PHOENIX

U.S. District Judge: Diane J. Humetewa Date: September 21, 2023

USA v. Michael Lacey, et al Case Number: CR-18-00422-PHX-DJH

Assistant U.S. Attorneys: Kevin Rapp, Austin Berry, Margaret Perlmeter, Andrew Stone, Peter 

Kozinets

Attorneysfor Defendants: Paul J. Cambria Jr., Retained for Defendant Lacey, present; Bruce S. Feder, 

Retained (Knapp) and Eric W. Kessler, CJA for Defendant Spear, present; Gary S. Lincenberg and Gopi 

K. Panchapakesan, Retained for Defendant Brunst, present; David S. Eisenberg, CJA for Defendant 

Padilla, present; Joy M. Bertrand, CJA for Defendant Vaught, present.

Defendants: ☒ Present ☐ Not Present ☒ Released ☐ Custody ☐ Summons ☐ Writ

JURY TRIAL (Day 10):

8:57 a.m. Court reconvenes. Discussion held re: Exhibits. 9:02 a.m. Jury present. Carl Ferrer examined 

further. Exhibits 1125, 1546, 215, 215a, 217, 217a, 216, 216a, 489a1, 489a2, and 489a3 are admitted. 

10:32 a.m. Recess. 

10:54 a.m. Court reconvenes. Government clarifies that the Exhibits admitted prior to the recess are 

489a-1, 489 a-2, and 489 a-3. 10:55 a.m. Jury present. Witness examined further. Exhibits 1213, 875, 

792, 469, 471, 884, 884a, 1670, 877, 878, 1674, 880, 881, 1995, 767, 767a, and 886 are admitted. 12:01 

p.m. Recess.

12:57 p.m. Court reconvenes. Court directs Defendants to file their response to the Government’s 

Stipulation and Objections (Doc. 1801) by 9:00 a.m. on Friday, September 22, 2023. Witness examined 

further. Exhibits 885, 1214, 500, 2000, 1217, 1219, 1817, 220, 218, 221, 882, 1221, and 1224 are 

admitted. 2:33 p.m. Recess. 

2:55 p.m. Court reconvenes. Jury present. Witness examined further. Exhibits 198, 199, 1226, 1819, 

1820, 892, 894, 1229, 897, 1230, 783, 1235, 2045, and 1237 are admitted. 4:30 p.m. Jury exits 

courtroom. Discussion held re: Exhibits. 4:40 p.m. Court in recess until Friday, September 22, 2023 at 

9:00 a.m.

Court Reporter Hilda Lopez/Elaine Cropper

Deputy Clerk Liliana Figueroa

Start: 8:57 AM

Stop: 4:40 PM

Total: 6hrs 3min

Case 2:18-cr-00422-DJH Document 1804 Filed 09/21/23 Page 1 of 1
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UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America

Plaintiff,

v.

Andrew Padilla,

Defendant.

CR-18-00044-06-PHX-DJH

ORDER 

Upon motion of Defendant, and good cause appearing,

IT IS ORDERED granting Defendant’s motion to appear by telephone for the status

conference to be held on September 5, 2023 (Doc. ). Defense counsel will receive dial-in

instructions via separate electronic communication.

Dated this day of September, 2023.

 

 Diane J. Humetewa 

 United States District Judge

Case 2:18-cr-00422-DJH Document 1749-1 Filed 09/03/23 Page 1 of 1
**Exhibit 10.19**

**ITC^DeltaCom, Inc.**

**Description of Non-Employee Director Compensation**

Non-employee directors of ITC^DeltaCom, Inc. (the “Company”) who are not members of or affiliated with the Welsh, Carson, Anderson &Stowe group of the Company’s stockholders or with Tennenbaum Capital Partners, LLC (“independent directors”) receive cash fees for their service on the board of directors of the Company and on committees of the board. All independentdirectors are eligible to receive equity-based fees pursuant to the ITC^DeltaCom, Inc. Amended and Restated Stock Incentive Plan for their board and committee service. 

Prior to January 1, 2008, independent directors received annual fees of $30,000, fees of $1,000 for each board or committee meeting attended in person and fees of $500 for each board or committee meeting attended byconference telephone. The chairman of the audit committee received an additional annual fee of $5,000. Beginning on January 1, 2008, independent directors receive annual fees of $75,000 and the chairman of each of the audit committee, thecompensation committee and the governance committee receives an additional annual fee of $10,000. Compensation for meeting attendance was discontinued. All such fees are paid in cash. All directors are entitled to reimbursement for their reasonableout-of-pocket expenditures incurred in connection with their board and committee service. 

Each independent director also will receiveannual awards of restricted stock units with a value of $55,000 pursuant to the ITC^DeltaCom, Inc. Amended and Restated Stock Incentive Plan. Each such award will vest ratably over a term of approximately two years.
H. Res. 97 

In the House of Representatives, U. S., 

January 28, 2009. 

Resolved, That clause 11(a)(1) of rule X is amended 

by— 

(1) striking ‘‘21’’ and inserting ‘‘22’’; and 

(2) striking ‘‘12’’ and inserting ‘‘13’’. 

Attest: 

Clerk.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-60959

Summary Calendar

JOHN W. HARDY,

Plaintiff-Appellant,

v.

CITY OF SENATOBIA, MISSISSIPPI,

Defendant-Appellee.

Appeal from the United States District Court

for the Northern District of Mississippi

No. 2:06-CV-81

Before SMITH, BARKSDALE, and ELROD, Circuit Judges.

PER CURIAM:*

John Hardy appeals the summary judgment denying his various state and

federal claims. Instead of attacking the judgment in regard to the merits, Hardy

United States Court of Appeals

Fifth Circuit

F I L E D

July 22, 2008

Charles R. Fulbruge III

Clerk
No. 07-60959

2

focuses on a notion that the motion for summary judgment was somehow not in

a proper posture to be considered by the district court. In that respect, Hardy

presents no cogent or meritorious argument. 

In any event, the summary judgment is sound on the merits. We affirm,

essentially for the reasons given by the district court in its Memorandum Opinion entered on November 1, 2007. Although it does not affect the result, we note

that the district court erred in its analysis of the Fifth Amendment concerning

the incorporation doctrine for the Fourteenth Amendment. See, e.g., Benton v.

Maryland, 395 U.S. 784 (1969) (double jeopardy).

AFFIRMED.
Exhibit 13.1



CERTIFICATION 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 annual report of RiT Technologies Ltd. (the Company) on Form 20-F for the period ending December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Liam Galin, President and Chief Executive Officer of the Company, certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.



Date: June 30, 2004



/s/  Liam Galin



Liam Galin

President and Chief Executive Officer