alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-4.1



 Exhibit 4.1 
  






 
 07864 6206 
Trans Enterix

TransEnterix inc. 
THIS IS TO CERTIFY that 
SEE REVERSE FOR CERTAIN DEFINITIONS 
CUSIP 89366M 10 2 
CUSIP 89366M 20 1 
SPECIMEN 
Is the owner of 
FULLY PAID AND NON-ASSESSABLE SHARES OF THE COMMON STOCK OF THE PAR VALUE
$.001 EACH OF 
Transenterix, Inc. (hereinafter called the “Corporation”), transferable on the books of the Corporation by the holder hereof in person or
by duly authorized attorney upon surrender of this Certificate properly endorsed. This Certificate is not valid until countersigned and registered by the Transfer Agent and Registrar. 
WITNESS the facsimile signatures of the duly authorized officers of the Corporation. 
Dated:

Corporate Secretary 
President and Chief Executive Officer 
Countersigned and Registered: 
CONTINENTAL STOCK TRANSFER & TRUST COMPANY 
(Jersey City, N.J.) 
Transfer Agent 
And Register 







 



 
 The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were
written out in full according to applicable laws or regulations: 
TEN COM- as tenants in common 
TEN ENT – as tenants by the entireties 
JT TEN – as joint tenants with right of
survivorship and not as tenants in common 
UNIF GIFT MIN ACT – Custodian

(Cust) 
(Minor) 
Under uniform Gifts to Minors 
Act (state) 
Additional abbreviations may also be used though not in the above list. 
For Value Received,
hereby sell, assign and transformers 
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE 
PLEASE TYPE WRITE NAME AND ADDRESS 
Shares of the stock represented by the within certificate
and do hereby irrevocably constitute and appoint attorney, to transfer the same on the looks of the within-named corporation, with full power of substitution in the premises. 
Dated 
Signature(s) Guaranteed; 
THE SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED
SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17d-15. 
Note: The signature to this Assignment must correspond with the name as writer upon the
Even of the Certificate in every particular without alteration or enlargement or any change whatever.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-4787

_____________________________

CEDRIC R. HUTCHINSON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Calhoun County.

Shonna Young Gay, Judge.

August 7, 2018

BILBREY, J.

Cedric R. Hutchinson challenges the dismissal of his petition 

for a writ of habeas corpus. By this petition, Hutchinson 

challenged his conviction for aggravated battery, a conviction 

obtained in Hillsborough County. The circuit court in Calhoun 

County dismissed the petition as “unauthorized.” While the 

premise of Hutchinson’s petition was incorrect – that a motor 

vehicle cannot be a deadly weapon under the aggravated battery 

statute* – the circuit court should have transferred the petition to 

Hillsborough County in the Thirteenth Circuit for its 

 * See Clark v. State, 783 So. 2d 967 (Fla. 2001); V.A. v. State, 

819 So. 2d 847 (Fla. 3d DCA 2002).
2

consideration of the petition. See Torres v. State, 208 So. 3d 831 

(Fla. 1st DCA 2017); Baker v. State, 164 So. 3d 38 (Fla. 3d DCA 

2015). 

In Torres and Baker, the petitioner challenged the 

sufficiency of the charging document. These cases are therefore 

distinguishable from the case on which the trial court relied, Gill 

v. Jones, 204 So. 3d 459 (Fla. 4th DCA 2016), which held that a 

habeas petition was unauthorized and hence subject to dismissal 

because the petitioner pursued post-conviction relief in the wrong 

court). See also James v. Jones, -- So. 3d --, 45 Fla. L. Weekly 

D815 (Fla. 1st DCA 2018) (holding dismissal of habeas petition

appropriate when petitioner is seeking post-conviction relief 

available under rule 3.850, Florida Rules of Criminal Procedure). 

Accordingly, the order of dismissal is vacated, and the cause 

is remanded to the circuit court with the instruction that the 

petition be transferred to the circuit court for Hillsborough 

County.

B.L. THOMAS, C.J., and OSTERHAUS, J., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Cedric R. Hutchinson, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Frank X. Moehrle, Jr. and 

Amanda Stokes, Assistant Attorneys General, Tallahassee, for 

Appellee.
##### 



Exhibit 10.16
   th
  Company
 Severance Benefits
 Salary
 Bonus plus
 Medical Benefits
 Vesting Acceleration
 Definition of Cause and Good Reason




---



##### 



Severance Upon a Sale of the Company Sale of the Company Cause and
 Salary, Bonus and Medical Benefits
 Vesting Acceleration
 Transitional Services
 2




---



##### 



Timing and Withholding
 Release
 Entire Agreement
 Sincerely,INTERWOVEN, INC./s/ Joseph L. CowanBy: Joseph L. Cowan, Chief Executive OfficerAcknowledged and Agreed:/s/ Scipio M. CarnecchiaScipio Max Carnecchia
 3




---



##### 



ADDENDUM A
 GENERAL RELEASE AND WAIVER OF CLAIMS
  Release and Waiver of Claims
   A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected his
settlement with the debtor.
  1




---



##### 



Covenant Not to Sue
       2




---



##### 



EMPLOYEES ACCEPTANCE OF RELEASE
  Signature:Printed Name:Date:
 3




---



##### 



ADDENDUM TO STOCK OPTION AGREEMENT
 
 W I T N E S S E T H
      and provided that
 1




---



##### 



11. Entire Agreement .
 [The remainder of this page is intentionally left blank.]
 2
EIGHTH AMENDMENT TO


EXHIBIT 10.38




FIRST AMENDMENT TO

THE PHOENIX COMPANIES, INC.  

ANNUAL INCENTIVE PLAN FOR EXECUTIVE OFFICERS

As Amended and Restated Effective January 1, 2009




The Phoenix Companies, Inc. Annual Incentive Plan for Executive Officers (the "Plan"), as amended and restated effective January 1, 2009, is amended effective as indicated as follows:




1.

Effective March 7, 2013, Section 4.1A is added to read as follows:




4.1A

Compensation Recovery Policy (“Clawback Policy”).

If an Executive Officer is covered under the Company’s Compensation Recovery Policy, as currently in effect and as amended from time to time (“Clawback Policy”), under certain circumstances, the Company is allowed to recover incentive compensation paid to certain employees.  The benefits provided under this Plan are incentive compensation and are subject to the Clawback Policy, a copy of the currently effective version of which has been provided to the covered Executive Officer, and such benefits shall be repaid to the Company if and to the extent that the Company’s Board determines that repayment must be made pursuant to the Clawback Policy.










 IN WITNESS WHEREOF, this First Amendment to the Plan is adopted this 15 day of January, 2014.







On Behalf of

The Phoenix Companies, Inc.

Board of Directors/Compensation Committee







/s/ Jody A. Beresin_________________________

Jody A. Beresin

Senior Vice President

Administration
Exhibit 31.1



CERTIFICATION

PURSUANT TO SECTION 302

OF THE SARBANES-OXLEY ACT OF 2002





I, Byung Yim, certify that:



1.

I have reviewed this Form 10-KSB/A of TRB Systems International, Inc.



2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;



3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;



4.

The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



c) disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5.

The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants Board of Directors (or persons performing the equivalent functions):



a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and



b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.





Date:   January 15, 2008





|                                                              | 
|------------------------------------------------------------- | 
|/s/ Byung Yim                                                 | 
|Byung Yim, President, CEO & CFO                               | 
|(Principal Executive Officer and Principal Financial Officer) |
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Notices]
[Pages 31144-31145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15553]



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

DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AK-962-1410-00-P]


Notice for Publication (AA-55482); Alaska Native Claims Selection

    In accordance with Departmental regulation 43 CFR 2650.7(d), notice 
is hereby given that a decision to modify easement identification of 
Patent No. 50-85-0412 and Interim Conveyance No. 1048, issued pursuant 
to Par. II and Appendix C, of the Terms and Conditions for Land 
Consolidation and Management in the Cook Inlet Area, as

[[Page 31145]]

clarified August 31, 1976, will be issued to Cook Inlet Region, Inc., 
for approximately 4,027 acres. The lands involved are in the vicinity 
of Salamatof, Alaska.

Seward Meridian, Alaska

T. 4 N., R. 11 W., T. 7 N., R. 11 W., T. 4 N., R. 12 W., T. 6 N., R. 
12 W., T. 7 N., R. 12 W., T. 8 N., R. 12 W., T. 7 N., R. 14 W.

    A notice of the decision will be published once a week, for four 
(4) consecutive weeks, in the Anchorage Daily News. Copies of the 
decision may be obtained by contacting the Alaska State Office of the 
Bureau of Land Management, 222 West Seventh Avenue, #13, Anchorage, 
Alaska 99513-7599 ((907) 271-5960).
    Any party claiming a property interest which is adversely affected 
by the decision, an agency of the Federal government or regional 
corporation, shall have until July 19, 1996, to file an appeal. 
However, parties receiving service by certified mail shall have 30 days 
from the date of receipt to file an appeal. Appeals must be filed in 
the Bureau of Land Management at the address identified above, where 
the requirements for filing an appeal may be obtained. Parties who do 
not file an appeal in accordance with the requirements of 43 CFR part 
4, subpart E, shall be deemed to have waived their rights.
Gary L. Cunningham,
Land Law Examiner, ANCSA Team, Branch of 962 Adjudication.
[FR Doc. 96-15553 Filed 6-18-96; 8:45 am]
BILLING CODE 4310-$$-P
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7295

JACK NELSON, Plaintiff - Appellant, versus STAN G. BARRY, Sheriff Fairfax County; RON ANGELONE, Director, Virginia Department of Corrections, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CA-04-657-1) Submitted: November 3, 2004 Decided: November 17, 2004 Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Jack Nelson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Jack Nelson appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint for failure to state a claim pursuant to 29 U.S.C. § 1915A(b)(1) (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. SeeNelson v. Barry , No. CA-04-657-1 (E.D. Va. July 13, 2004). The court has also received a motion seeking to add four individuals who were not parties to this case in the district court as parties to this appeal. We deny this motion. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED
**EXHIBIT 23.2**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (No. 333-91570 andNo. 333-61874) and the Registration Statements on Form S-8 (No. 333-100843, No. 333-83506, No. 333-60156, No. 333-49032, 333-42844, 333-34502 and No. 333-110743) of Chordiant Software, Inc. of our report dated March 18,2005 relating to the financial statements and financial statements schedule, which appears in this Form 10-K. 

 

/s/ PricewaterhouseCoopers LLP 

 

San Jose, California 

December 8, 2005
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ORDER ESTABLISHING TRIAL DOCKET FOR THE MONTHS OF JANUARY AND

 FEBRUARY, 2010, BEFORE THE HONORABLE PATRICK J. DUGGAN*

Listed below are the cases on this Court's trial docket for the months of November and

December, 2009. Counsel will be notified when their case reaches No. 5. After such

notice, counsel should be prepared to begin trial any time on 48 hours notice. It is

counsel's responsibility in all cases after they have been so notified to contact my clerk,

Marilyn Orem, at 234-5147, to ascertain the status of the trial docket. Unless otherwise

notified, this Court commences trial at 8:45 a.m. PLEASE BE PROMPT!

1. 08-14136 SHAKOOR V. EVANS, ET.AL

2. 08-14318 CONOCOPHILLIPS V. CONVENIENCE DEPOT, ET.AL

3. 08-14922 FIALKA-FELDMAN V. OAKLAND UNIVERSITY BOARD OF TRUSTEES

4. 08-14117 SMITH V. MICHIGAN TUBE SWAGERS & FABRICATORS

5. 09-10981 PFISTER V. CORRECTIONAL MEDICAL SERVICES, ET.AL

6. 09-11648 EDMUNDS V. BOARD OF CONTROL OF EASTERN MI. UNIVERSITY

7. 09-11366 N&W COMMODITIES V. USA

8. 09-11949 KAID V. LIBERTY MUTUAL FIRE INSURANCE CO.

s/Patrick J. Duggan 

Patrick J. Duggan

United States District Judge

Dated: December 1, 2009

I hereby certify that a copy of the foregoing document was served upon counsel of record

on December 1, 2009, by electronic and/or ordinary mail.

s/Marilyn Orem 

Case Manager

*PLEASE TAKE NOTICE THAT TRIAL WILL NOT BEGIN BEFORE THE FINAL

PRETRIAL CONFERENCE DATE.

IF THERE IS A MOTION FOR SUMMARY JUDGMENT PENDING, FINAL PRETRIAL

CONFERENCE WILL BE RESCHEDULED APPROXIMATELY 10 DAYS AFTER ANY

DECISION ON SUCH MOTION.

Fialka-Feldman v. Oakland University Board of Trustees Doc. 41

Dockets.Justia.com
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

KEVIN DARNELL RAGLAND,

Plaintiff,

v. Case No. 08-15253

M. RABY, KEITH BERBICK, HONORABLE AVERN COHN

KEVIN KERR, NICOLAS SMISSICK,

DANIEL ROSE, ANDREW BELANGER,

BRIAN BOLASH, and ANTHONY CARIGNAN,

Defendants.

___________________________________/

ORDER

DENYING PLAINTIFF’S OBJECTIONS (Doc. No. 72) TO THE REPORT AND

RECOMMENDATION (Doc. No. 66)

I.

This is a prisoner civil rights case under 42 U.S.C. § 1983. Plaintiff claims that

defendants, police officers, violated his constitutional rights. The matter was referred to

a magistrate judge for all pretrial proceedings. Plaintiff filed a motion for summary

judgment on his excessive force claim, contending that because defendant Raby did not

contest that plaintiff had properly alleged a claim, he was entitled to summary judgment

and damages. 

On February 24, 2010, the magistrate judge issued a report and recommendation

(MJRR) recommending that the motion be denied. In the MJRR, the magistrate

explained the difference between the alleging a claim under Fed. R. Civ. P. 12 and

being entitled to summary judgment on a claim under Fed. R. Civ. P. 56. Plaintiff did not
2

timely file objections. Accordingly, on March 15, 2010, the Court entered an order

adopting the MJRR and denying plaintiff’s motion for summary judgment. That same

day, plaintiff filed objections to the MJRR. Although the objections are untimely and

moot in light of the Court’s adoption of the MJRR, the Court has reviewed the objections

and finds no basis upon which to change its conclusion that plaintiff’s is not entitled to

summary judgment on his excessive force claim. Thus, plaintiff’s objections are

DENIED.

SO ORDERED.

 S/Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

Dated: March 22, 2010

I hereby certify that a copy of the foregoing document was mailed to Kevin Ragland,

191565, St. Louis Correctional Facility, 8585 N. Croswell Road, St. Louis, MI 48880 and

the attorneys of record on this date, March 22, 2010, by electronic and/or ordinary mail.

 S/Julie Owens 

Case Manager, (313) 234-5160
Fialka-Feldman v. Oakland University Board of Trustees Doc. 45 Att. 11

Dockets.Justia.com
[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Rules and Regulations]
[Page 32317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15877]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Rules 
and Regulations

[[Page 32317]]



FEDERAL RESERVE SYSTEM

12 CFR Part 219

[Regulation S; Docket No. R-0906]


Reimbursement for Providing Financial Records; Recordkeeping 
Requirements for Certain Financial Records; Correction

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Final rule; correction.

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

SUMMARY: This document contains a technical correction to the final 
rule that was published June 12, 1996 (61 FR 29638). The rule 
implements the requirement under the Right to Financial Privacy Act 
(RFPA) that the Board establish the rates and conditions under which 
payment shall be made by a government authority to a financial 
institution for assembling or providing financial records pursuant to 
RFPA.

EFFECTIVE DATE: July 12, 1996.

FOR FURTHER INFORMATION CONTACT: Elaine M. Boutilier, Senior Counsel 
(202/452-2418), Legal Division, Board of Governors of the Federal 
Reserve System, Washington, DC 20551. For users of the 
Telecommunication Device for the Deaf (TDD), please contact Dorothea 
Thompson (202/452-3544).

SUPPLEMENTARY INFORMATION:

Background

    The final rule that is the subject of this correction adopted a 
proposed rule that was subject to public comment, published December 
20, 1995 (60 FR 65599).

Need for Correction

    As published, the final rule contained a non-substantive, technical 
error that is in need of clarification.
    In final rule document 96-14688, beginning on page 29638 in the 
issue of Wednesday, June 12, 1996, make the following correction.


Sec. 219.6  [Corrected]

    On page 29641, in the second column, in Sec. 219.6, paragraph (b), 
14th line, the phrase ``of the notice to'' is removed.

    By order of the Board of Governors of the Federal Reserve 
System, June 18, 1996.
William W. Wiles,
Secretary of the Board.
[FR Doc. 96-15877 Filed 6-21-96; 8:45 am]
BILLING CODE 6210-01-P
hme10k2008ex10-45.htm


    Exhibit
10.45


      AMENDMENT
NUMBER ONE

       

      TO

       

      HOME
PROPERTIES, INC.

       

      DEFERRED
BONUS PLAN

       

      (Amended
and Restated as of January 1, 2008)

       

      


       

      This
Amendment No. One to the Deferred Bonus Plan (the “Plan”) was approved by the
shareholders of the Company at a meeting duly called and held on May 1,
2008.

       

      The first
sentence of paragraph (h) of Section 5 of the Plan shall and hereby is amended
to increase the number of shares available for payments under the Plan from
100,000 to 150,000.

       

      IN
WITNESS WHEREOF, the Company has authorized its duly authorized officer to
execute this Amendment Number One as of the first day of May, 2008.

       

      


       

      HOME PROPERTIES, INC.

       

      


      By:           /s/ Ann M.
McCormick

      Ann M. McCormick

      Executive Vice President and
Secretary