alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.5


  



Exhibit
10.5
AMENDMENT NO. 5
TO THE
VWR INTERNATIONAL, LLC RETIREMENT PLAN
(As Amended and Restated Effective January 1, 2011)
WHEREAS, VWR International, LLC (the “Company”) maintains the VWR International, LLC Retirement Plan (the
“Plan”) for the benefit of eligible employees of the Company and its participating affiliates; and
WHEREAS, the Plan was most recently amended and restated effective January 1, 2011; and

WHEREAS,
the Plan was recently amended to allow eligible participants a one-time, limited opportunity to elect to receive their entire vested accrued benefit under the Plan in an immediate lump sum or annuity (a “cashout window”) as approved by
the Board of Directors of the Company (the “Board”);
and
WHEREAS, pursuant
 to Section 11.1 of the Plan, the Company reserved the right to amend the Plan at any time, subject to certain inapplicable limitations;
and
WHEREAS, consistent
 with the terms of the cashout window approved by the Board, the Benefit and Retirement Plan Committee of the Company desires to further amend the Plan to adjust the eligibility conditions for the cashout window to reflect a change under the VWR
Corporate Restructuring Plan.
NOW, THEREFORE, effective April 4, 2014, Section 5.1(d)(i)(A) of the Plan is amended by deleting the reference to “April 11, 2014” and inserting “May 11, 2014” in its
place.
IN
WITNESS WHEREOF, the Benefit and Retirement Plan Committee has caused this Amendment to be adopted on behalf of VWR International, LLC this 2nd day of April,
2014.

	
				
	Attest:
	 
	VWR INTERNATIONAL,
LLC

	 
	 
	 
	 

	/s/ Pam
Klonaris
	 
	By:
	/s/ James M.
Kalinovich
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Philip A. Brimmer

Civil Action No. 11-cv-02717-PAB

JAMES L. NERO, individually and on behalf of a class of others similarly situated,

Plaintiffs,

v.

AMERICAN FAMILY MUTUAL INSURANCE COMPANY,

Defendant.

_____________________________________________________________________

ORDER

_____________________________________________________________________

This matter is before the Court on plaintiffs’ “Partial Motion to Overrule

Defendant’s Statute of Limitations Defense in the Pending Rule 12 Motion to Dismiss”

[Docket No. 27]. The motion requests that “any putative statute of limitations

Affirmative Defense be overruled from Defendant’s pending Rule 12 Motion to Dismiss,

[sic] for failure to state the defense with reasonable particularity.” Docket No. 27 at 3. 

This appears to be little more than an argument for why defendant’s motion to dismiss

[Docket No. 20] should be denied to the extent it may rely on a statute of limitations

defense. Plaintiffs have already included the same argument in their response to

defendant’s motion to dismiss. See Docket No. 28 at 9. The argument should be

limited to that response, instead of duplicating it in the guise of a motion to “overrule” a

portion of the motion to dismiss. Consequently, it is

ORDERED that plaintiffs’ “Partial Motion to Overrule Defendant’s Statute of

Limitations Defense in the Pending Rule 12 Motion to Dismiss” [Docket No. 27] is

Case 1:11-cv-02717-PAB-MJW Document 81 Filed 09/21/12 USDC Colorado Page 1 of 2
2

DENIED without prejudice to consideration of the same arguments raised within

plaintiffs’ response to defendant’s motion to dismiss.

DATED September 21, 2012.

BY THE COURT:

 s/Philip A. Brimmer 

PHILIP A. BRIMMER

United States District Judge

Case 1:11-cv-02717-PAB-MJW Document 81 Filed 09/21/12 USDC Colorado Page 2 of 2
#### John Michael WATSON, Appellant, v. The STATE of Texas, Appellee.

No. 46540.

Court of Criminal Appeals of Texas.

March 7, 1973.

R. H. Stauffacher, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Warren White, Asst. Dist. Attys., Houston, Jim D. Vollers, State’s Atty., and Robert A. Huttash, Asst. State’s Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of robbery by assault. Punishment was assessed at ten years.

The record reflects that on January 21, 1972, the appellant, represented by counsel of his own choice, waived his right of trial by jury and entered a plea of guilty. He was duly admonished by the court as to the consequences of his plea, and the plea was accepted by the court. Appellant then entered into a stipulation of evidence wherein he expressly waived the appearance, confrontation and cross-examination of witnesses and consented to the introduction of testimony by affidavits and other documentary evidence. He made a judicial confession of guilt to the offense charged against him.

The court found appellant guilty and sentenced him. The appellant gave notice of appeal, filed an affidavit of indigency, and the court appointed counsel to represent him on appeal.

*151Counsel on appeal asserts that he has made a careful and diligent examination of the record in this cause and has concluded that the appeal is non-meritorious and wholly frivolous.

Nevertheless, aware of his responsibility to do so, counsel has set out alleged grounds of error that might be considered for reversal in the event this court does not agree with him that the appeal is frivolous. A copy of the appellate brief was served upon the appellant. No pro se brief has been filed.

The record has been reviewed and the alleged grounds of error have been considered and this court concludes that the appeal is without merit and wholly frivolous.

No motion for rehearing will be filed by the Clerk of this court without good cause having been shown.

The judgment is affirmed.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Honorable Marcia S. Krieger

Criminal Action No. 11-cr-00412-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. HILARIO QUINTERO-RODRIGUEZ,

 a/k/a “The Big Guy,”, a/k/a “Santa Claus,”

2. ABEL SANCHEZ-LEON,

 a/k/a Joel Lopez,

 A/k/a Raul Marez-Ortiez,

3. OCTAVIO QUEZADA-PEREZ,

 a/k/a “Tavi,”

4. FLODINA BELETSO GALLEGOS,

5. GUADALUPE RUIZ-GUARDADO,

 a/k/a “Lupe,”

6. JULIO MARES-RUIZ,

 a/k/a “Mariano,”

7. LUIS JORGE MARTINEZ-VALDIVA, and

8. ROBERT MASON BYAS,

 a/k/a “Robin,”

Defendants.

FINAL ORDER OF FORFEITURE ONLY AS TO JULIO MARES-RUIZ 

THIS MATTER comes before the Court on the United States' Motion for Final Order of

Forfeiture. The Court having reviewed said Motion FINDS: 

THAT the United States commenced this action pursuant to 21 U.S.C. § 853, as set forth in

the Superseding Indictment returned on January 10, 2012; 

THAT a Preliminary Order of Forfeiture was entered on October 31, 2013; 

THAT all known interested parties were provided an opportunity to respond and that

publication has been effected as required by 21 U.S.C. § 853(n); 

Case 1:11-cr-00412-REB-DW Document 740 Filed 01/15/15 USDC Colorado Page 1 of 3
THAT the time for any other third-party to file a petition expired on January 6, 2014; 

THAT, as of January 6, 2014, no Petition for Ancillary Hearing has been filed by any

petitioner; 

THAT it further appears there is cause to issue a forfeiture order under 21 U.S.C. § 853. 

NOW, THEREFORE, IT IS ORDERED, DECREED, AND ADJUDGED: 

THAT judgment of forfeiture of 

a. Approximately $23,080.00 in United States Currency; 

b. One Bushmaster semi-automatic assault rifle, with carrying case, magazines and

ammunition; 

c. One Ruger 9 millimeter (MM) semi-automatic pistol, with holster, magazines and

ammunition; 

d. One Romarm/Cugir semi-automatic assault rifle, with bayonet, magazines and

ammunition; 

e. One Chiappa Double Eagle .22 caliber derringer pistol and ammunition; 

f. One U.S. Magnum digital scale; 

g. Three Swann surveillance cameras; 

h. $2,680.00 in United States Currency; 

i. One Dell Vistro 1500 laptop; 

j. One Remington 522 Viper .22 caliber rifle; 

k. One Glenfield 30A 30-30 caliber rifle; 

l. One Henry .22 caliber rifle with scope; 

m. One Model EASA-FT .38/.357 caliber revolver; 

n. Glass jar containing miscellaneous live rounds of ammunition; 

o. Two handgun holsters, two magazines and ammunition; 

Case 1:11-cr-00412-REB-DW Document 740 Filed 01/15/15 USDC Colorado Page 2 of 3
shall enter in favor of the United States pursuant to 21 U.S.C. § 853, free from the claims of any

other party; 

THAT the United States shall have full and legal title to the forfeited property and may

dispose of it in accordance with law; 

DATED this 15th day of January, 2015.

BY THE COURT:

Marcia S. Krieger

Chief United States District Judge

Case 1:11-cr-00412-REB-DW Document 740 Filed 01/15/15 USDC Colorado Page 3 of 3
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                            3020
<SECURITIES>                                         0
<RECEIVABLES>                                        8
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                  3138
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                    3138
<CURRENT-LIABILITIES>                               88
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                        3050
<TOTAL-LIABILITY-AND-EQUITY>                      3138
<SALES>                                              0
<TOTAL-REVENUES>                                    95
<CGS>                                                0
<TOTAL-COSTS>                                        4
<OTHER-EXPENSES>                                   240
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (148)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (148)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (148)
<EPS-PRIMARY>                                   (0.21)
<EPS-DILUTED>                                   (0.21)
        

</TABLE>
<PAGE>

                                  Exhibit 32.1

<PAGE>

                            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 Jacksonville Bancorp, Inc. ("Company")
on Form 10-K for the period ending December 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Richard
A. Foss, President and Chief Executive Officer and I, Diana Tone, Chief
Financial Officer and Compliance Officer of the Company certify pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002:

        (1)     the Report fully complies with the requirements of Sections
                13(a) 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.


March 24, 2004                  /s/ Richard A. Foss
--------------                  ------------------------------------------------
Date                            Richard A. Foss
                                President and Chief Executive Officer


March 24, 2004                  /s/ Diana S. Tone
--------------                  ------------------------------------------------
Date                            Diana S. Tone
                                Chief Financial Officer and Compliance Officer
** **

UNITED STATES

 

 

Form 10-Q

 

(MarkOne)

[X]   QUARTERLY REPORT PURSUANT TOSECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

For the quarterly period ended September 30, 2008

 

 

[]   TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THESECURITIES EXCHANGE ACT OF 1934

 

For the transition period from _________to _________

 

Commission file number 0-14530

 

 

DAVIDSON INCOME REAL ESTATE,L.P.

(Exact Name of Registrant as Specified in Its Charter)

 

 

 

 

55 Beattie Place, PO Box 1089

Greenville, South Carolina  29602

(Address of principal executive offices)

 

(864) 239-1000

(Issuer's telephone number)

 

 

Indicateby check mark whether the registrant (1) has filed all reports required to befiled by Section 13 or 15(d) of the Securities Exchange Act of 1934 during thepreceding 12 months (or for such shorter period that the registrant was requiredto file such reports), and (2) has been subject to such filing requirements forthe past 90 days.  

[X]Yes  [ ] No

 

Indicateby check mark whether the registrant is a large accelerated filer, anaccelerated filer, a non-accelerated filer, or a smaller reportingcompany.  See the definitions of “large accelerated filer”, “acceleratedfiler” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.

 

 

Indicateby check mark whether the registrant is a shell company (as defined in Rule12b-2 of the Exchange Act). [ ] Yes  [X] No
#### Alphonso HUDSON, Movant, Appellant, v. STATE of Missouri, Respondent.

No. 36018.

Missouri Court of Appeals, St. Louis District, Division 1.

May 6, 1975.

Motion for Rehearing or to Transfer to Supreme Court Denied June 12, 1975.

Application to Transfer Denied July 14, 1975.

*63Charles Kitchin, Public Defender, Joseph W. Warzycki, J. A. Roche, Asst. Public Defenders, St. Louis, for appellant.

John C. Danforth, Atty. Gen., K. Preston Dean, II, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Julian Cosen-tino, Asst. Circuit Atty., St. Louis, for respondent.

WEIER, Presiding Judge.

Movant appeals from the denial of his motion pursuant to Rule 27.26 V.A.M.R., to set aside and vacate his conviction and sentence for robbery in the first degree by means of a dangerous and deadly weapon. For a review of defendant’s convictions see: State v. Hudson, 478 S.W.2d 281 (Mo.1972); State v. Hudson, 491 S.W.2d 1 (Mo.App.1973).

Movant alleges here that he was denied his constitutional right to effective assistance of counsel because his attorney failed to preserve and to argue a certain issue on appeal. The ultimate test in determining the adequacy of legal representation is whether the efforts of counsel have reached a level so that a defendant has had a fair trial. Hall v. State, 496 S.W.2d 300, 303[3] (Mo.App.1973). It is a well-established principle that we will not review or reassess by hindsight the judgment of defense counsel on questions of strategy, trial tactics, or trial decisions. State v. Brownridge, 506 S.W.2d 466, 468[6] (Mo.App.1974). Possible errors of judgment do not support a claim of ineffective legal assistance.

We have reviewed this record. The trial court’s findings of fact are not clearly erroneous and are supported by the evidence. No error of- law appears. Further discussion of the facts and law would be of no precedential value. Accordingly, the order denying the post-conviction motion under Rule 27.26 is affirmed in compliance with Rule 84.16(b).

DOWD and RENDLEN, JJ., concur.
|   | (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:  March 29, 2011 | By:    | /s/ Ronald C. Schmeiser         |
|---------------------------------|--------|---------------------------------|
|                            |   | Ronald C. Schmeiser             |
|                            |   | Principal Executive Officer and |
|                            |   | Principal Financial Officer     |

----
**IN THE SUPREME COURT OF TEXAS**

((((((((((((((((

No. 10-0258

((((((((((((((((

Arnoldo Casas, Et Al., Petitioners

v.

Michael B. Silva, Et Al., Respondents

((((((((((((((((((((((((((((((((((((((((((((((((((((

On Petition for Review

((((((((((((((((((((((((((((((((((((((((((((((((((((

**ORDER**

1.The petition for review, filed on April 14, 2010, is **ABATED.**

.

2.This case is removed from the Court's active docket until further order of this Court. It is the responsibility of the parties to immediately notify this Court of the decision in the court of appeals.

Done at the City of Austin, this 16th day of April, 2010.

Blake A. Hawthorne, Clerk

Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk
----

| (1) | the Report fully complies with the requirements of §13(a) or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. §78m or 78o(d), and, |
|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

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

| Dated:  March 30, 2010 | /s/ Anthony Giordano, III                                 |
|----------------------------------|-----------------------------------------------------------|
|                             | Anthony Giordano, III                                     |
|                             | Senior Executive Vice President, Chief Financial Officer, |
|                             | Treasurer and Assistant Secretary                         |

----
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 Quarterly Report of North Pittsburgh Systems, Inc. (the
Company) on Form 10-Q for the period ended September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, H. R. Brown, President and Chief Executive 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 Sections 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: November 9, 2005



/s/ H. R. BrownH. R. BrownPresident and Chief Executive Officer




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

|Coded Tables | 
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|These data are released whenever there are code changes.                                                                                                                                                                                                        
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|Complete file (364 KB PDF)Cover page and table of contents (36 KB PDF)
Debt growth, borrowing and debt outstanding tables (13 KB PDF)
Flows tables (154 KB PDF)
Level tables (125 KB PDF)
Balance sheet tables (20 KB PDF)
Supplementary tables (29 KB PDF)

|These files are available in Acrobat (PDF 3) format only.Obtaining the free Acrobat Reader from the Adobe Web Site
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---

Home Economic research and data  Accessibility Contact Us  Last update: March 10, 2011
**OFFICE OF**  **THE. ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN**  

# QROVER SELLERS ATTORNEY ~ENIRAL

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<PAGE>



                                                                    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 18 U.S.C. ss. 1350, the undersigned officer of Serologicals
Corporation (the "Company"), hereby certifies that the Company's Quarterly
Report on Form 10-Q for the quarter ended June 29, 2003 (the "Report") fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.



Dated: August 8, 2003


                                           /s/ David A. Dodd
                                           -----------------------------------
                                           David A. Dodd
                                           President, Chief Executive Officer
                                           and Director

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging or otherwise adopting the signature that
appears in type form within the electronic version of this written statement
required by Section 906, has been provided to Serologicals Corporation and will
be retained by Serologicals Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.