alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-4.2





 Exhibit 4.2 

AMENDMENT NUMBER ONE 
 TO
THE 
 INTERNATIONAL PAPER COMPANY 

DEFERRED COMPENSATION SAVINGS PLAN 

(as amended and restated effective as of January 1, 2018) 

WHEREAS, effective as of January 1, 2018, the International Paper Company Deferred Compensation Savings Plan (the “Plan”) was amended
and restated in its entirety; 
 WHEREAS, pursuant to Section 16 of the Plan the Company reserves the right to alter, amend, suspend, or
terminate the Plan at any time; 
 WHEREAS, the undersigned is the “Administrator” of the Plan within the meaning of Section 1(b) of
the Plan; 
 WHEREAS, on July 11, 2016, the Management Development and Compensation Committee of the Company’s Board of Directors delegated
its authority to review and approve non-substantive changes to the nonqualified plans of the Company to the administrator for each of such plans; and 

WHEREAS, in discharging his responsibility for proper administration of the Plan, the Administrator desires to clarify certain provisions so that the
terms of the Plan are fully consistent with the established operation of the Plan; 
 NOW, THEREFORE, the Plan is amended effective as of
January 1, 2018, as follows: 
  

	 	1.	 The definition in Section 1 (f) is amended to read as follows: 



 

	 	“(f)	 Company means International Paper Company (“IP”) and its subsidiaries and affiliated
business entities which are at least 80% owned (directly or indirectly) by IP; and any successor business by merger, purchase, or otherwise that maintains the Plan. The provisions of Section 414(b) and (c) of the Code and the regulations
thereunder shall apply for purposes of the preceding sentence. 


 Notwithstanding the foregoing, the word
“Company” in the following provisions of the Plan means only International Paper Company, and any successor business by merger, purchase, or otherwise that maintains the Plan: Sections 1 (b), 1 (j), 1 (hh), 1 (ii), 16, and
Appendix A.” 
  

	 	2.	 In all respects not amended, the Plan is hereby ratified and confirmed. 



  
 1 













 IN WITNESS WHEREOF, this amendment is executed this 17th day of September, 2019. 

 

			
	INTERNATIONAL PAPER COMPANY
		
	 By:
	 	 /s/ Mark M. Azzarello

	 Name:
	 	 Mark M. Azzarello

	 Title:
	 	 Vice President, Global Compensation and Benefits and as Administrator of the International Paper Company Deferred
Compensation Savings Plan




  
 2
Exhibit 99.1

                            CERTIFICATION PURSUANT TO
                               18 U.S.C. ss.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with the  Annual  Report  of Banco  Totta &  Acores,  S.A.  (the
"Company")  on Form  20-F for the  fiscal  year  ended  2002 as  filed  with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Antonio
Mota de Sousa Horta Osorio,  Chief  Executive  Officer of the Company,  certify,
pursuant  to 18 U.S.C.  ss.  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.


                                     By: /s/ Antonio Horta Osorio
                                     -----------------------------------------
                                     Name:  Antonio Mota de Sousa Horta Osorio
                                     Title: Chief Executive Officer
                                     Date:  July 8, 2003

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


                                      203
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

In connection with the annual report of LiveWire Mobile, Inc. (the "Company") on Form 10-K for the period
ending December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Joel Hughes, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, to my knowledge, that:

(1)   the
Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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/ JOEL HUGHES Joel Hughes
Chief Executive Officer
March 31, 2009


This
Certification shall not be deemed part of the Report or incorporated by reference into any of the Company's filings with the Securities and Exchange Commission by implication or by
any reference in any such filings to the Report.

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QuickLinks
Exhibit 23**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTINGFIRM**The Board of DirectorsGardner Denver, Inc.:We consent to the incorporation by reference in the registrationstatements (Nos.33-91088,333-24921,333-84397,333-61314 and333-116108) onForm S-8, theregistration statements(Nos. 333-109086and 333-122422) onForm S-3 and theregistration statement(No. 333-128419)on Form S-4 ofGardner Denver, Inc. and subsidiaries (the Company) of ourreports dated March 13, 2006, with respect to theconsolidated balance sheets of the Company as ofDecember 31, 2005 and 2004, and the related consolidatedstatements of operations, stockholders’ equity, and cashflows for each of the years in the three-year period endedDecember 31, 2005, management’s assessment of theeffectiveness of internal control over financial reporting as ofDecember 31, 2005 and the effectiveness of internal controlover financial reporting as of December 31, 2005, whichreports appear in the December 31, 2005, annual report onForm 10-K of theCompany.The Company acquired Thomas Industries, Inc. (Thomas) onJuly 1, 2005, and management excluded from its assessmentof the effectiveness of Gardner Denver, Inc.’s internalcontrol over financial reporting as of December 31, 2005,Thomas’ internal control over financial reporting. Totalassets related to Thomas at December 31, 2005 of$654 million and revenues for the six-month periodsubsequent to the acquisition (July 1, 2005 toDecember 31, 2005) of $202 million were included inthe consolidated financial statements of Gardner Denver, Inc.and subsidiaries as of and for the year ended December 31,2005. Our audit of internal control over financial reporting ofGardner Denver, Inc. also excluded an evaluation of the internalcontrol over financial reporting of Thomas./s/ KPMG LLPSt. Louis, MissouriMarch 13, 2006
83
[Federal Register Volume 73, Number 160 (Monday, August 18, 2008)]
[Notices]
[Page 48236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19011]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1780-DR]


Texas; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Texas (FEMA-1780-DR), dated July 24, 2008, and related 
determinations.

DATES: Effective Date: August 9, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of Texas is hereby amended to include the following areas 
among those areas determined to have been adversely affected by the 
catastrophe declared a major disaster by the President in his 
declaration of July 24, 2008.

    Cameron, Hidalgo, and Willacy Counties for Public Assistance 
[Categories C-G] (already designated for Individual Assistance and 
debris removal and emergency protective measures [Categories A and 
B], including direct Federal assistance, under the Public Assistance 
program.)
    Brooks, Kenedy, and Starr Counties for Public Assistance 
[Categories C-G] (already designated for debris removal and 
emergency protective measures [Categories A and B], including direct 
Federal assistance, under the Public Assistance program.)

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households In 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050, Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-19011 Filed 8-15-08; 8:45 am]
BILLING CODE 9110-10-P
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

In connection with the Annual Report of Protection One, Inc. and Protection One Alarm Monitoring, Inc. (the "Companies") on
Form 10-K for the period ended December 31, 2007 (the "Report"), which this certification accompanies, I, Richard Ginsburg, in my capacity as President and Chief Executive
Officer of the Companies, certify that to the best of my knowledge the Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of
1934, as amended, and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Companies.

|Date: March 17, 2008 | /s/ Richard GinsburgRichard Ginsburg
President and Chief Executive Officer, Protection One, Inc. and Protection One Alarm Monitoring, Inc.
|-------------------- | ------------------------------------------------------------------------------------------------------------------------------------------

The
foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Companies as part of the
Report or as a separate disclosure document for purposes of Section 18 or any other provision of the Securities Exchange Act of 1934, as amended.

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QuickLinks
18470, 18486.

#### Statham *et al. v.*Saxon *et al.;*and *vice versa.*

Submitted January 12, 1954

Decided February 8, 1954.

*Buford E. Hancock,*for plaintiffs in error.

*Carlisle & Bootle,*contra.

Almand, Justice.

The petition in this case was against two defendants, and was twice amended. The trial judge overruled certain objections filed by the defendants to the allowance of the amendments, and also overruled certain grounds of general and special demurrers filed to the petition, but sustained other grounds and dismissed the petition in its entirety as to both defendants. The plaintiffs by main bill of exceptions assign error on the rulings'which resulted in the dismissal of their action, and the defendants by cross-bill complain of the overruling of their objections to the amendments, and of the overruling of stated grounds, general and special, of their demurrers to the petition as amended. The only entry on the main bill of exceptions as to service or acknowledgment of service is as follows: “Due and legal service of the above and foregoing bill of exceptions and notice of presentment is hereby acknowledged and the correctness of facts stated in the said bill of exceptions is hereby admitted. This the 4th day of December, 1953. Carlisle & Bootle, Attorneys for defendants in error.” This entry is followed by the certificate of the judge, also bearing date of December 4, 1953. *Held:*

*(a)*The acknowledgment of service quoted above did not show compliance with Code § 6-911, requiring service of a bill of exceptions on the opposite party or his counsel within 10 days of its certification by the trial judge, but only evidenced conformity with the act of 1946 (Ga. L. 1946, pp. 726, 735; Code, Ann. Supp., § 6-908.1), which requires notice to the opposite party of intentio'n to present the bill of exceptions to the trial judge. This court is therefore without jurisdiction of this bill of exceptions, and the writ of error must be dismissed. *Mauldin*v. *Mauldin,*203 *Ga.*123 (45 S. E. 2d 818); *Henry*v. *Gillis,*204 *Ga.*397 (50 S. E. 2d 73); *Bardin*v. *Wender Realty Co.,*210 *Ga.*243 (78 S. E. 2d 785).

(b) Since the judgment complained of in the main bill of exceptions finally disposed of the case in the trial court, the cross-bill is also dismissed. Code § 6-901; *Southwestern Railroad Co.*v. *Mayor &c. of Smithville,*134 *Ga.*432 (2) (67 S. E. 936); *Futch*v. *Olmstead,*172 *Ga.*233 (2) (157 5. E. 277).

*Writs of error dismissed.*

*All the Justices concur.*
ex_172174.htm


 


 


 


                                                                                                                                                                                                                                                                                                                                          Exhibit 10.24


 


SECOND AMENDMENT TO BANK 34


DEFERRED COMPENSATION AGREEMENT


 


 


THIS SECOND AMENDMENT (the "Amendment") is adopted April 26, 2019, by Bank 34, located in Alamogordo, New Mexico (the "Bank") and Jan Thiry (the "Executive").


 


WHEREAS, the Bank and the Executive are party to a Deferred Compensation Agreement adopted April 1, 2014 (the "Agreement"); and


 


WHEREAS, the Bank and the Executive desire to amend the Agreement to (i) change the time and form of the Executive's benefit payable under Section 4.4.2 (Change in Control Benefit) in accordance with the requirements of Agreement Section 4.8, relating to a Change in Form or Timing of Distributions;


 


NOW, THEREFORE, the Bank and the Executive adopt the following amendments to the Agreement:


 


Section 4.4.2 of the Agreement shall be deleted and replaced by the following:


 


Section 4.4.2 Distribution of Benefits. The Bank shall distribute the benefit to the Executive in sixty (60) monthly installments commencing within thirty (30) days following the fifth-year anniversary of the Executive's Separation from Service, in accordance with the requirement of Section 4.8 of the Agreement for "Changes in form or Timing of Distributions."


 


IN WITNESS WHEREOF, the Executive and a duly authorized representative of the Bank have executed this Second Amendment as indicated below:


 


 


    Executive                                                                                                   Bank


 


    /s/ Jan Thiry___________________                                                         By: /s/ Jill Gutierrez_______________


 


                                                                                                                       Its: /s/ President & CEO____________
#### The People of the State of New York, Respondent, v Lawrence Green, Appellant.

[678 NYS2d 518]

Motion by the appellant for summary reversal of a judgment of the Supreme Court, Kings County (Joel Goldberg, J.), rendered May 19, 1997, convicting him of the crimes of robbery in the second degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence.

Upon the papers filed in support of the motion and upon the consent of the respondent, it is

Ordered that the motion is granted, the judgment is reversed, on the law, and a new trial is ordered *(see, People v Reed,*230 AD2d 866). O’Brien, J. P., Goldstein, Florio and McGinity, JJ., concur.
Exhibit 108



		

			Exhibit 10.8

		




		
			First Amendment
		

		
			﻿
		

		
			Lincoln National Corporation Severance Pay Plan
		

		
			(As Amended and Restated Effective February 27, 2019)
		

		
			 
		

		
			The Lincoln National Corporation Severance Pay Plan (the “Plan”) is amended effective as of January 1, 2020,  by:
		

		
			﻿
		

		
			﻿
		

		
			1.Amending Section 1.01 of the Plan, to read as follows:
		

		
			﻿
		

		
			“1.01‘Cause’ means (a) a  conviction of a crime that is job related or that may otherwise cause harm to the reputation of the Company; (b) any act or omission detrimental to the conduct of business of the Company; (c) inability to obtain or retain proper licenses; (d)  theft, dishonesty, fraud or misrepresentation; (e)  failure to cooperate or be truthful in connection with an investigation related to the Company; (f)  violation of any rule or regulation of any regulatory agency or self-regulatory agency; (g)  violation of any policy or rule of the Company; or (h)  unsatisfactory performance that does not meet expectations after coaching or counseling. The determination of the existence of ‘Cause’ shall be made in the sole discretion of the Corporation’s Chief Human Resources Officer or his or her delegate.”
		

		
			﻿
		

		
			﻿
		

		
			2.In all other respects, said Plan shall remain in full force and effect.
		

		
			﻿
		

		
			﻿
		

		
			IN WITNESS WHEREOF, the President and Chief Executive Officer of the Company has executed this Amendment this 19th day of December 2019.
		

		
			﻿
		

			
					
						﻿

				
	
					
						LINCOLN NATIONAL CORPORATION

				
	
					
						﻿

				
	
					
						﻿

				
	
					
						﻿

				
	
					
						/s/ Dennis R. Glass

				
	
					
						By:  Dennis R. Glass

				
	
					
						Title:  President and Chief Executive Officer

				



		
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			﻿
		

		
			﻿
		

		
			﻿
		

		
			﻿
Exhibit 32.2

CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

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

In connection with the Quarterly Report of Sloud, Inc. (the "Company") on Form 10-Q for the period ending September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Gene Sokolov, Chief Financial 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, as amended; and

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





|Date:  October 23, 2008 |  | By   /s/ Gene Sokolov  
|----------------------- |  | -----------------------
|                        |  |                        
|                        |  | Gene Sokolov           
|                        |  | Chief Financial Officer
#### Fischer et al. *v.*Cowles.

(No. 23137

Decided March 30, 1932.)

*Mr. Reed B. Dunn*and *Mr. Walter H. Kinder,*for plaintiffs in error.

*Messrs. Adeline & Pendleton,*for defendant in error.

It is ordered and adjudged that the judgment of the said Court of Appeals be, and the same is hereby, affirmed for the reason that the record discloses that the question presented is purely a question of fact, and that there is evidence supporting the judgment.

*Judgment affirmed.*

Marshall, C. J., J ones, Matthias, Day, Allen, Kinkade and Stephenson, JJ., concur.
Exhibit








Exhibit 10.58


 AMENDMENT TO OPTION AGREEMENT 
(PERFORMANCE-BASED OPTION) 
This Amendment (“Amendment”) to the Option Agreement, effective as of April 18, 2013 (“Option Agreement”) between David McGlade (the “Executive”) and Intelsat S.A. (f/k/a Intelsat Global Holdings S.A.) is entered into by the undersigned parties and is effective as of October 24, 2014. 
		
	1. 
	Section 2(c) of the Option Agreement is amended to read as follows: 


“Unless earlier terminated pursuant to the terms of this Agreement, the Company Option shall expire on February 4, 2023, and the Employee shall thereafter cease to have any rights in respect thereof.” 
2.    Sections 6(a) and 6(c) of the Option Agreement are each amended by replacing the phrase “the first anniversary” with the phrase “the third anniversary”, each time it occurs. 
3.    Sections 6(b) of the Option Agreement is amended by replacing the phrase “ninety (90) days following” with the phrase “the third anniversary of”. 


4.    For the sake of clarity, as contemplated by the definition of “Termination of Employment” in the Plan, if the Employee's employment with the Company and its Subsidiaries terminates but the Employee continues to provide services to the Company and its Subsidiaries in a non-employee capacity, such change in status shall not be deemed a Termination of Employment. 


5.    As amended and modified by this Amendment, the Option Agreement shall remain in full force and effect. 


6.    If there is any conflict between the terms of the Option Agreement and this Amendment, the terms of this Amendment shall prevail. 




IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of October 24, 2014. 


INTELSAT S.A. 


By: /s/ Michelle V. Bryan 
Name: Michelle V. Bryan
Title: Executive Vice President, General Counsel and Chief Administrative Officer 






THE EXECUTIVE 




/s/ David P. McGlade
David P. McGlade
#### Henry Kirches, Respondent, v. Albert E. Kleinert, Appellant.

Judgment of the Municipal Court affirmed, with costs. No opinion. Woodward, Hooker, Gaynor, Rich and Miller, JJ., concurred.
#### Marcus David, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.

Motion for leave to appeal to the Court of Appeals denied, with ten dollars costs.
Exhibit 32.2

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 Protection One, Inc. and Protection One Alarm Monitoring, Inc. (the "Companies") on
Form 10-K for the annual period ended December 31, 2003 (the "Report"), which this certification accompanies, I, Darius G. Nevin, in my capacity as Executive Vice President
and Chief Financial Officer of the Companies, certify that to the best of my knowledge the Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities
Exchange Act of 1934, as amended, and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Companies.

|                     |  |  |  |                                                                                                                                                       
|-------------------- |  |  |  | ------------------------------------------------------------------------------------------------------------------------------------------------------
|Date: March 23, 2004 |  |  |  | /s/DARIUS G. NEVINDarius G. Nevin
Executive Vice President and Chief Financial Officer, Protection One, Inc. and Protection One Alarm Monitoring, Inc.

The
foregoing certification is being furnished solely pursuant to Section 906 of the SarbanesOxley Act of 2002 and shall not be deemed filed by the Companies as part
of the Report or as a separate disclosure document for purposes of Section 18 or any other provision of the Securities Exchange Act of 1934, as amended.

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