alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
BTU_2014.03.31_EX.10.5






Exhibit 10.5


AMENDMENT NO. 1 TO THE
PEABODY ENERGY CORPORATION
2011 LONG-TERM EQUITY INCENTIVE PLAN




 WHEREAS, Peabody Energy Corporation (the “Company”) adopted and maintains the Peabody Energy Corporation 2011 Long-Term Equity Incentive Plan, as amended from time to time (the “Plan”), and all capitalized terms used but not defined herein are defined in the Plan;
 
     WHEREAS, pursuant to Section 16 of the Plan, (i) the Board of Directors of the Company (the “Board”) has the right to amend the Plan and (ii) the Administrator may amend the terms of outstanding Awards under the Plan without the Participant’s consent, so long as such amendment does not adversely affect the Participant’s rights under the Award; and 


     WHEREAS, the Board has authorized and directed that the Plan be amended to provide that neither the Board nor the Administrator may take actions to re-price stock options granted under the Plan. 
  
NOW, THEREFORE, the Plan is hereby amended effective as of March 12, 2014, as follows: 


 1.  The last paragraph of Section 16 of the Plan is hereby amended in its entirety to read as follows: 


Notwithstanding anything to the contrary, but subject to the provisions of Section 12, neither the Board nor the Administrator shall be permitted to (i) amend a stock option granted under the Plan to reduce its exercise price; (ii) cancel a stock option granted under the Plan and re-grant a stock option with a lower exercise price than the original exercise price of the cancelled stock option; (iii) cancel a stock option or SAR granted under the Plan in exchange for cash or another equity award; or (iv) take any other action (whether in the form of an amendment, cancellation or replacement grant) that has the effect of re-pricing a stock option granted under the Plan.


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


	
		
	 
	PEABODY ENERGY CORPORATION

	 
	 

	 
	By: /s/ Sharon D. Fiehler                                         

	 
	Sharon D. Fiehler

	 
	Executive Vice President and Chief Administrative Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Defense

###### Department of the Navy

# AGENCY:

Department of the Navy, DoD.

# ACTION:

Notice of open meeting.

      ( print page 53959)    

# SUMMARY:

Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended), notice is hereby given that the following meeting of the Board of Advisors (BOA) to the Presidents of the Naval Postgraduate School (NPS) and the Naval War College (NWC) will be held. This meeting will be open to the public.

# DATES:

The meeting will be held on Tuesday, October 19, 2010, from 8 a.m. to 4 p.m. and on Wednesday, October 20, 2010, from 8 a.m. to 4 p.m. (Eastern Standard Time).

# ADDRESSES:

The meeting will be held at the Office of Naval Research, 875 N. Randolph Street, Arlington, VA.

# FOR FURTHER INFORMATION CONTACT:

Ms. Jaye Panza, Naval Postgraduate School, Monterey, CA 93943-5001, telephone number 831-656-2514.

# SUPPLEMENTARY INFORMATION:

The purpose of the meeting is to elicit the advice of the Board on the Naval Service's Postgraduate Education Program and the collaborative exchange and partnership between NPS and the Air Force Institute of Technology (AFIT). The Board examines the effectiveness with which the NPS and the NWC are accomplishing its mission. To this end, the Board will inquire into the curricula; instruction; physical equipment; administration; state of morale of the student body, faculty, and staff; fiscal affairs; and any other matters relating to the operations of the NPS and the NWC as the Board considers pertinent. Individuals without a DoD Government Common Access Card will require an escort at the meeting location. For access, information, or to send written comments regarding the NPS BOA, contact Ms. Jaye Panza, Naval Postgraduate School, 1 University Circle, Monterey, CA 93943-5001 or by fax 831-656-3145 by October 8, 2010.

Dated: August 27, 2010.

D.J. Werner,

Lieutenant Commander, Judge Advocate Generals Corps, U.S. Navy, Federal Register Liaison Officer.

[FR Doc. 2010-21924 Filed 9-1-10; 8:45 am]

BILLING CODE 3810-FF-P
#### ATLANTIC CITY CASINO ASSOCIATION, AND GREATE BAY HOTEL & CASINO, INC., T/A SANDS HOTEL & CASINO v. IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF THE STATE OF *324NEW JERSEY AND CITY OF ATLANTIC CITY, THE ATLANTIC COUNTY BOARD OF TAXATION, WILLIAM G. FERRY, TAX ASSESSOR OF ATLANTIC CITY, AND ALBERTA WATKINS, TAX COLLECTOR OF ATLANTIC CITY.

September 24, 1985.

This matter having come before the Court on a notice of appeal as of right pursuant to *Rule*2:2-l(a), based in part upon a dissent in the Appellate Division on the issue of whether the moratorium statute under review (L.1984, c. 67) violated the uniformity clause of the State Constitution (N.J. Const, of 1947, Art. VIII, § 1; para. 1(a));

And the Court having accelerated perfection of the appeal and having considered the briefs of the parties and having determined that the record is inadequate to permit the Court to address the issue raised in the dissent below;

And the parties, having been afforded the opportunity to recommend appropriate action that might be taken in light of the inadequacy of the record;

And the Court having determined that the likely future recurrence of the issue presented in the dissent below warrants its consideration upon a fully developed record, notwithstanding that no relief can be afforded for the 1985 tax year;

And the Court having further determined that the remaining issues presented by Appellants are not substantial constitutional questions within the meaning of *Rule*2:2-l(a) and appropriate caselaw;

And good cause appearing;

It is ORDERED that the matter is summarily remanded to the Tax Court for consideration of the uniformity clause issue in the context of a fully developed factual and legal record; and it is further

ORDERED that the Tax Court shall determine the matter on or before January 15, 1986; and it is further

ORDERED that the tax bills for 1985 shall be distributed in accordance with the judgment of the Appellate Division.

Jurisdiction is not retained. Any party may, upon the entry of final judgment by the Tax Court pursuant to this remand, make application to the Appellate Division for acceleration of the time for filing a notice of appeal and for the filing of briefs. (See 204 *N.J.Super.*652)
S. 231 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

An Act 

To reauthorize the Multinational Species Conservation Funds Semipostal Stamp. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act of 2013’’. 

SEC. 2. REAUTHORIZATION. 

Section 2(c)(2) of the Multinational Species Conservation Funds 

Semipostal Stamp Act of 2010 (39 U.S.C. 416 note) is amended 

by striking ‘‘2 years’’ and inserting ‘‘6 years’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
#### Leo ITZ, Appellant, v. Richard KUNZ, d/b/a K & M Produce, Appellee.

No. 15338.

Court of Civil Appeals of Texas, San Antonio.

June 5, 1974.

Gloria T. Svanas, Odessa, for appellant.

Richard Hoerster, Fredericksburg, for appellee.

PER CURIAM.

Appellant has perfected his appeal from an order granting in part his motion under Rule 167, Texas Rules of Civil Procedure, for appellee to produce and permit the inspection and copying or photographing of certain documents and papers. Appellant’s suit for breach of implied warranty has not been tried and remains on the docket of the district court. We are met at the threshold by the question of whether we have jurisdiction to consider an appeal from this interlocutory order.

Texas courts have steadfastly adhered to the rule, with certain exceptions not applicable here, that an appeal may be prosecuted only from a final judgment. North East Independent School District v. Aldridge, 400 S.W.2d 893 (Tex.1966); Laurie v. Stabel, 482 S.W.2d 652 (Tex.Civ.App. — Amarillo 1972, no writ); Hatten v. City of Houston, 373 S.W.2d 525, 534 (Tex.Civ.App.-Houston 1963, writ ref’d n. r. e.); Knox v. Long, 228 S.W.2d 367 (Tex.Civ.App.-Texarkana 1950, writ ref’d); Appellate Procedure in Texas, Section 2.5(1).

There is nothing in Rule 167, as amended in 1972, which would authorize a direct appeal. However, appellant is not without a remedy. See Crane v. Tunks, 160 Tex. 182, 328 S.W.2d 434 (1959).

We do not have jurisdiction to consider at this time an appeal from this interlocutory order. The appeal is dismissed for want of jurisdiction.
Exhibit 31.2

**CERTIFICATION PURSUANT TO**

**SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I, Jon Young, certify that:

1.  I have reviewed this annual report on Form 10-KSB of Liberty Star Uranium & Metals Corp.;

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 company as of, and for, the periods presented in this report; 

4.  The company's other certifying officer(s) 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 company 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 company, 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 company'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 company's internal control over financial reporting that occurred during the period covered by this annual report that has materially affected, or is reasonably likely to materially affect, the company's internal control over financial reporting; and 

5.  The company's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company's auditors and the audit committee of the company'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 company'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 company's internal control over financial reporting. 

Date: April 26, 2007

 

 /s/ Jon Young

Jon Young

Chief Financial Officer

(Principal Financial and Accounting Officer)

 

 

CW1178357.1
<TABLE> <S> <C>

<ARTICLE>                                 5
<LEGEND>
     This schedule  contains summary  financial  information  extracted from the
Partnership's  audited financial  statements for the 9 months ended December 31,
1995 and is qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>                                   1,000
       
<S>                                         <C>
<PERIOD-TYPE>                             9-MOS
<FISCAL-YEAR-END>                         MAR-31-1995
<PERIOD-END>                              DEC-31-1995
<CASH>                                           813
<SECURITIES>                                       0
<RECEIVABLES>                                      2
<ALLOWANCES>                                       0
<INVENTORY>                                        0
<CURRENT-ASSETS>                                 815
<PP&E>                                         9,246
<DEPRECIATION>                                 3,267
<TOTAL-ASSETS>                                 7,102
<CURRENT-LIABILITIES>                            755
<BONDS>                                        8,330
<COMMON>                                           0
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<OTHER-SE>                                   (3,194)
<TOTAL-LIABILITY-AND-EQUITY>                   7,102
<SALES>                                            0
<TOTAL-REVENUES>                               1,095
<CGS>                                              0
<TOTAL-COSTS>                                    977
<OTHER-EXPENSES>                                 151
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                               432
<INCOME-PRETAX>                                (465)
<INCOME-TAX>                                       0
<INCOME-CONTINUING>                            (465)
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                   (465)
<EPS-PRIMARY>                                (17.23)
<EPS-DILUTED>                                (17.23)
        


</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-6805

HARRY JAMES FOWLER,

Plaintiff - Appellant,

versus

ROGER HUTCHINGS; LIEUTENANT HARTSO, a/k/a

Marvin Hartso; DEPUTY CORNETT,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Chief

District Judge. (CA-98-9-5-2-MU)

Submitted: September 6, 2001 Decided: September 13, 2001

Before WIDENER, WILLIAMS, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Harry James Fowler, Appellant Pro Se. Harry Lee Davis, Jr., DAVIS

& HAMRICK, L.L.P., Winston-Salem, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Harry James Fowler appeals the district court’s order denying

relief on his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint. We

have reviewed the record and the district court’s opinion and find

no reversible error. Accordingly, we affirm on the reasoning of

the district court. See Fowler v. Hutchings, No. CA-98-9-5-2-MU

(W.D.N.C. filed Mar. 29, 2001; entered Apr. 4, 2001). 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
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 15

- 00294

- CR

Ivan Lopez

- Salas

v.

The State of Texas §

§

§

§

§ From the 367th District Court

o f Denton County (F15

- 1357

- 367 )

March 30, 2017

Opinion by Ch ief Justice Livingston

(nfp)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was no error in the trial court’s judgment. It is ordered that the judgment of

the trial court is affirmed.

SECOND DISTRICT COURT O F APPEALS

By /s/ Terrie Livingston

C hief Justice Terrie Livingston
### IN THE TENTH COURT OF APPEALS
No. 10
- 10
- 00195
- CV No. 10
- 10
- 00196
- CV
GERARDO BAZALDUA , Appellant
v. THE STATE OF TEXAS , Appellee

From the 54th District Court McLennan County, Texas Trial Court No s . 1997
- 662
- C2 and 1999
- 420
- C2

MEMORANDUM OPI NION

O n January 13 , 20 1 0 , the trial court signed orders in the underlying criminal cases for the payment of court costs out of Appellant Gerardo Bazaldua ’s inmate account pursuant to Texas Government Code section 501.014. On April 28, Appellant
filed a motion to rescind and dismiss those orders, and the trial court denied the motions on May 7. 1 Appellant filed notices of appeal on May 24.

1 The mot ions asserted , among other things, that the costs had already been collected and paid out of Appellant’s inmate account

.Bazaldua v. State Page 2

A trial court retains plenary power to grant a new trial or to vacate, modify, correct, or reform a judgment ( or an otherwise appealable final order ) within thirty days after the judgment or order is signed. See T EX
. R. C IV
. P. 329b(d). Appellant’s April 28 motions were filed after the trial court’s plenary power as to the January 13 orders had expired.
The notices of appeal must have been filed within 30 days after the January 13 orders were signed, ( see T EX
. R. A PP
. P. 26.1(a)), or a motion for extension of time to file notice of appeal must have been filed within 15 days after the deadline for filing the
notice of a ppeal. See T EX
. R. A PP
. P. 26.3. We notified Appellant in a letter dated June 8, 2010 that his appeal s might be dismissed for want of jurisdiction unless he filed a response within 21 days showing grounds for continuing the appeal s . Appellant has not res ponded. Nor has he alleged
here or in the trial court that he did not receive n otice of the January 13 orders. See T EX
. R. C IV
. P. 306a(4). Appellant’s notices of appeal w ere untimely to invoke our jurisdiction in a direct appeal, and t hese appeal s are dismissed for want of jurisdiction.
See T EX
. R. A PP
. P. 42.3(a)

.

REX D. DAVIS Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis (Chief Justice Gray dissenting) Dismissed Opinion deliv ered and filed September 1 , 2010 [CV06]
Exhibit 23.2



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We consent to the incorporation by reference in the Registration Statements on Form S-8 (File Nos. 333-101553, 333-107443 and 333-115506) pertaining to the 2002 Stock Incentive Plan, 2002 Employee Stock Purchase Plan, 2000 Stock Incentive Plan, Parthus Technologies 2000 Share Incentive Plan, Chicory Systems, Inc. 1999 Employee Stock Option /Stock Issuance Plan, and 2003 Director Stock Option Plan of CEVA Inc. (formerly ParthusCeva, Inc.) and its subsidiaries of our report dated January 21, 2003, with respect to the consolidated financial statements and financial statement schedule of CEVA, Inc. and its subsidiaries included in this Annual Report on Form 10-K for the year ended December 31, 2004.



| | /s/ KOSTFORERGABBAY&KASSIERER   
| | --------------------------------
| |                                 
| |                                 
| | (formerly Kost Forerer & Gabbay)
| | A Member of Ernst & Young Global





Tel-Aviv, Israel

March 29, 2005
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the President's Advisory Council for Faith-Based and Neighborhood Partnerships announces the following meeting:

*Name:*                         President's Advisory Council for Faith-Based and Neighborhood Partnerships Council Meeting.                    

*Time and Date:*                         Tuesday, February 9th, Times TBD.                    

*Place:*                         Meeting will be held in person at the White House Conference Center, The White House, Washington, DC. Please contact Mara Vanderslice for information on times and to RSVP to attend at meeting:                         *mvanderslice@who.eop.gov.*

*Status:*                         Open to the public, limited only by the space available. Conference call line will be available.                    

*Purpose:*                         The Council brings together leaders and experts in fields related to the work of faith-based and neighborhood organizations in order to: Identify best practices and successful modes of delivering social services; evaluate the need for improvements in the implementation and coordination of public policies relating to faith-based and other neighborhood organizations; and make recommendations for changes in policies, programs, and practices.                    

*Contact Person for Additional Information:*                         Mara Vanderslice at                         *mvanderslice@who.eop.gov.*

*Supplementary Information:*                         Please contact Mara Vanderslice for more information about how to attend the meeting.                    

*Agenda:*                         Topics to be discussed include presentation of final Council report.                    

Dated: January 24, 2010.

Jamison Citron,

Special Assistant.

[FR Doc. 2010-2187 Filed 2-1-10; 8:45 am]

BILLING CODE 4154-07-P