alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
First Amendment, dated June 1, 2006 to the Loan Agreement



 Exhibit 10.10 
 PHOENIX INVESTMENT PARTNERS, LTD 
 FIRST AMENDMENT 
 Dated as of June 1, 2006 
 to 
 LOAN AGREEMENT 
 Dated as of December 30,
2005 
 Re: $66,018,833 – 6.55% Senior Note Due December 30, 2010 







 FIRST AMENDMENT TO LOAN AGREEMENT 
 THIS FIRST AMENDMENT dated as of June 1, 2006 to the Loan Agreement dated as of December 30, 2005 is between Phoenix Investment Partners, LTD.
a Delaware corporation (the “Company”) and Phoenix Life Insurance company (the “Noteholder”). 
 RECITALS: 
 A. The Company and the Noteholder have heretofore entered into the Loan Agreement dated as of December 30, 2005 (the “Loan Agreement”).
The Company has heretofore issued the $66,018,833 6.55% Senior Note Due December 30, 2010 (the “Note”) dated December 30, 2005 pursuant to the Loan Agreement. 
 B. The Company and the Noteholder now desire to amend the Loan Agreement in the respects, but only in the respects, hereinafter set forth. 
 NOW, THEREFORE, the Company and the Noteholder, in consideration of good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, do hereby agree as follows: 
 Section 7.1 (a) (i) of the Loan Agreement shall be and is hereby amended to read
in its entirety as follows: 
 the failure to make any payment of principal on the Note when due as provided for herein or in the Note,
provided, however, that the Borrower shall in each calendar year, be entitled to one (1) grace period of five (5) Business Days as to any required payment of principal other than a principal payment due on December 31; and, provided
further, that additional interest accrued as a result of the election by Borrower to avail itself of such grace period shall, at the option of the Borrower, be paid by Borrower at the time of making such deferred payment or at the time of the next
scheduled principal payment or 
 This First Amendment shall be construed in connection with and as part of the Loan Agreement, and except as
modified and expressly amended by this amendment, all terms, conditions and covenants contained in the Loan Agreement and the Note are hereby ratified and shall be and remain in full force and effect. Any and all notices, requests, certificates and
other instruments executed and delivered after the execution and delivery of this amendment may refer to the Loan Agreement without making specific reference to this amendment but nevertheless all such references shall be deemed to include this
amendment unless the context otherwise requires. This First Amendment shall be governed by and construed in accordance with Connecticut law. 







 IN WITNESS WHEREOF, the Company and the Noteholder have caused this instrument to be executed, all as of
the day and year first above written. 
  

			
	PHOENIX INVESTMENT PARTNERS, LTD.
		
	By:	 	 /s/ Glenn H. Pease

		 	Its Vice President, Finance
	
	PHOENIX LIFE INSURANCE COMPANY
		
	BY:	 	 /s/ John H. Beers

		 	John H. Beers
		 	Its Vice President


  

 3
#### UNITED STATES of America, Plaintiff-Appellee, v. William Wise MURRAY, Defendant-Appellant.

No. 00-6655.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 29, 2000.

Decided Jan. 8, 2001.

William Wise Murray, pro se. Marshall Prince, Office of the United States Attorney, Columbia, SC, for appellee.

Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges.

PER CURIAM.

Williams Wise Murray appeals the district court’s margin order denying his motion filed under 18 U.S.C.A. § 3582 (West 2000). We have reviewed the record and find no reversible error. The district court may not modify a sentence under § 3582 once it has been imposed except in very narrow circumstances not applicable here. The district court therefore did not have jurisdiction to consider Murray’s motion. Accordingly, we affirm the district court’s denial of relief. We deny as moot Murray’s motions for summary reversal and bail pending appeal and dispense with oral argument because the facts and legal contentions are adequately presented in *143the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
Exhibit 10.29


October 28, 1998


Anne Jordon
General Counsel
SEGA of America
255 Shoreline Drive, 2nd Floor
Redwood City,  CA 94065

Re:     Licensing Agent Agreement - Resignation of Cynthia Wilkes

Dear Anne:


We have received verbal notice from Cynthia Wilkes yesterday that she will be
leaving Sega of  America, effective November 14, 1998.

Pursuant to Clause 13 of the Licensing Agent Agreement dated July 25, 1997
executed by our two  companies: "If Cynthia Wilkes ("Wilkes") shall leave the
employ of Sega during the Term,  American may terminate this Agreement by
giving written notice to Sega within thirty (30) days  after American receives
notice from Sega that Wilkes will be leaving the employ of Sega."

We hereby are giving notice to Sega, that due to Cynthia Wilkes' departure from
Sega, that we  elect to terminate, effective immediately, the above mentioned
Licensing Agent Agreement in its  entirety.

If you have any questions, please feel free to call me at 408-288-8199,
ext-8888.


Regards,

/s/ Anthony K. Chan
    Anthony K. Chan

Chief Executive Officer
American Champion Media, Inc.
a subsidiary of
American Champion Entertainment, Inc.


cc:  Cynthia Wilkes
News United States Air Force
 Women's history: Honoring WWII AF flight nursePublished March 31, 2016
                        
                        By Prerana Korpe
                        
                        
                        Air Force Surgeon General Public Affairs
                **FALLS CHURCH, Va. (AFNS)  --**
                During World War II, an American flight nurse was captured, becoming the only female U.S. military member held prisoner of war in the European Theater. Her name was Lt. Reba Z. Whittle.In 1943, Whittle joined the Army Air Forces School of Air Evacuation, where she trained as a flight nurse. It would be just over a year later when Whittle would find herself wounded as the result of a crash, before being taken prisoner by German soldiers.During flight nurse training, Whittle learned to attend to patients in the absence of a physician. She trained to treat pain, bleeding and shock. Whittle graduated in November 1943 and began flying on missions in January 1944. Until the time of her capture in September 1944, Whittle logged over 500 hours of flight time and flew on 40 missions.The fateful day was Sept. 27, 1944. Whittle was on a mission to gather casualties in St. Trond, Belgium. Without time to react, Whittle’s C-47 Skytrain was attacked and crashed to the ground. Of the flightcrew, one pilot was killed and the other was badly injured. Whittle’s surgical technician was also wounded and Whittle suffered a concussion. As they crawled out of the wreckage, the crew was captured by enemy soldiers.The crew was treated for their immediate injuries in a neighboring village before taken to a nearby hospital. It is reported that a German doctor told Whittle, “(It is) too bad having a woman as you are the first one and no one knows exactly what to do.”After being taken to an interrogation center north of Frankfurt, Whittle was separated from her crew and transferred to a prison camp hospital, which provided immediate aid to wounded prisoners.In the prison camp, Whittle remained isolated in her cell when she was not treating fellow prisoners, until her release was negotiated in January 1945.Whittle was awarded the Purple Heart for injuries sustained during the crash and later promoted to first lieutenant. On Sept. 2, 1983, Whittle was given the status of official POW.Women’s History Month 



women 



WWII 



nurse 



medical 



U.S. Army Air Forces Related Links
        Yesterday’s Air Force: Women Air Force Service Pilots
            
            90 female missileers, B-52 aircrews make history
<PAGE>   1

                                                                  EXHIBIT 21.1


              SUBSIDIARIES OF SUMMIT PROPERTIES PARTNERSHIP, L.P.


1.   Summit Management Company, a Maryland corporation
2.   Stony Point/Summit Limited Partnership, a Virginia limited partnership
3.   Summit/Belmont Limited Partnership, a Virginia limited partnership
4.   Hampton/McGuire Limited Partnership, a Florida limited partnership
5.   Henderson/McGuire Partners (Limited Partnership), a Delaware limited
     partnership
6.   McGregor/McGuire Limited Partnership, a Florida limited partnership
7.   Summit American Associates, a Florida limited partnership
8.   Portofino Place, Ltd., a Florida limited partnership
9.   Sand Lake Joint Venture, a Florida general partnership
10.  Foxcroft East Associates, a North Carolina limited partnership
<PAGE>

                                                                EXHIBIT 23.1

              CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements 
(Form S-8) of Vista Medical Technologies, Inc. of our report dated January 
16, 1998, with respect to the consolidated financial statements of Vista 
Medical Technologies, Inc. included in its Annual Report (Form 10-K/A) for the 
year ended December 31, 1997, filed with the Securities and Exchange 
Commission.

                                           /s/ ERNST & YOUNG LLP
                                           ---------------------
                                           ERNST & YOUNG LLP

San Diego, California
September 9, 1998
exhibit_10.htm


     

    
      EXHIBIT
10.1

      


      Summary of 2009 Executive Incentive
Bonus Plan

      


      In order
to provide incentive to senior management to achieve various corporate goals
established by the board for the fiscal year ending December 31, 2009,
Taleo has adopted the 2009 Executive Incentive Bonus Plan (the “Plan”). The Plan
provides for payment of bonuses to all of Taleo’s executive officers and other
members of senior management.

      


      Aggregate
cash bonus amounts range between 60% and 100% of base salary per individual at
on-target achievement of bonus plan goals. Each individual’s bonus will be
determined by an individualized formula based on the achievement of a variety of
yearly and quarterly performance objectives, including bookings, revenue,
margin, customer satisfaction index and renewal rate.  For certain
performance objectives it is possible to exceed on-target achievement and
receive a bonus payment in excess of the bonus payment payable for on-target
achievement.

      


      Bonus
payments are anticipated to be made both quarterly and yearly, depending on the
relevant performance objective. The Plan is administered by the Compensation
Committee of Taleo’s Board of Directors, and will terminate in
2010.  Our Compensation Committee has not yet determined the bonus
amount for on target-achievement of bonus plan goals for our chief executive
officer for the fiscal year ending December 31,
2009.  Accordingly, the bonus ranges above do not include our chief
executive officer.
ex10_7.htm


    
      

    

    
      Exhibit
10.7

      


      December
11, 2008

      


      FORM OF
WAIVER

      


      


      United
States Department of the Treasury

      1500
Pennsylvania Avenue, NW

      Washington,
D.C.  20220

      


      Community
West Bancshares

      445 Pine
Avenue

      Goleta,
California 93117

      


      Ladies
and Gentlemen:

      


      In
consideration for the benefits I will receive as a result of my employer’s
participation in the United States Department of the Treasury’s TARP Capital
Purchase Program, I hereby voluntarily waive any claim against the United States
or my employer for any changes to my compensation or benefits that are required
to comply with the regulation issued by the Department of the Treasury as
published in the Federal Register on October 20, 2008.

      


      I
acknowledge that this regulation may require modification of the compensation,
bonus, incentive and other benefit plans, arrangements, policies and agreements
(including so-called "golden parachute" agreements) that I have with my employer
or in which I participate as they relate to the period the United States holds
any equity or debt securities of my employer acquired through the TARP Capital
Purchase Program.

      


      This
waiver includes all claims I may have under the laws of the United States or any
state related to the requirements imposed by the aforementioned regulation,
including without limitation a claim for any compensation or other payments I
would otherwise receive, any challenge to the process by which this regulation
was adopted and any tort or constitutional claim about the effect of these
regulations on my employment relationship.

      


      


      
        
          	 
      	
                  /s/ Charles G. Baltuskonis

                	 
      
	 
      	
                  Charles
      G. Baltuskonis

                	 
      
	 
      	
                  Executive
      Vice President & Chief Financial Officer

                	 
      


        

      

       

      UST Sequence Number:
82

      Exhibit
10.7

       

      1
<PAGE>

                                                                    EXHIBIT 99.1


                                  CERTIFICATION
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
        SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF TITLE 18,
                               UNITED STATES CODE)

            Pursuant to section 906 of the Sarbanes-Oxley Act of 2002
(subsections (a)and (b) of section 1350, chapter 63 of Title 18, United States
Code), each of the undersigned officers of Aquis Communications Group, Inc., a
Delaware corporation (the "Company"), does hereby certify with respect to the
Quarterly Report of the Company on Form 10-Q for the quarter ended June 30, 2002
as filed with the Securities and Exchange Commission (the "10-Q Report") that:

            1) the 10-Q 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 10-Q Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.



Dated: August 12, 2002            /s/ Eugene I. Davis
                                  -------------------
                                  Interim Chief Executive Officer
                                  Aquis Communications Group, Inc.


Dated: August 12, 2002            /s/ D. Brian Plunkett
                                  ---------------------
                                  Chief Financial Officer
                                  Aquis Communications Group, Inc.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 2301** 

ANNE MELCHOR BREMUS , Plaintiff

- Appellant ,
v. AMR CORPORATION; AMERICAN AIRLINES, INCORPORATED; AMERICAN EAGLE AIRLINES, INCORPORATED , Defendants

- Appellees
.

Appeal from the United States District Court for the Eastern District of Virginia , at Norfolk
. Rebecca Beach Smith , Chief District Judge. ( 2:12

- cv - 00100

- RBS

- LRL )

Submitted : May 29, 2015 Decided: June 16, 2015

Before NIEMEYER, AGEE, and HARRIS , Circuit Judges.

Affirmed by un published per curiam opinion
. John B. Mann, JOHN B. MANN, P.C., Richmond, Virginia, for Appellant. Daniel E. Farrington, THE FARRINGTON LAW FIRM, LLC, Bethesda, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.PER CURIAM: Anne Melchor Bremus appeals the district court’s order granting Defendants’ Fed. R. Civ. P. 12(c) motion for judgment on the pleadings on Bremus’s discrimination and retaliation claims, brought pursua nt to Title VII of the Civil Rights of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e

- 17 (2012). Bremus has filed a motion for leave to file materials as an attachment to her opening brief, and Defendants have filed a motion for leave to file a supplementa l appendix. We have reviewed the record and find no reversible error. Accordingly, we grant the parties’ pending motions and affirm for the reasons stated by the district court
. Bremus v. AMR Corp. , No. 2:12

- cv - 00100

- RBS

LRL ( E.D . Va. Nov. 3, 2014 ). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

2
#### G., H. & S. A. R’y Co. v. James McTiegue.

(No. 3482.)

Appeal from Kinney County.

Opinion by

White, P. J.

§ 763. *Parties; railroad contractor is a necessary party to suit against railroad company, when; case stated.*This case was before this court on a former appeal, and was reversed and remanded upon questions not now presented. [See W. & W. Con. Rep. p. 210.] Appellee sued appellant upon an account for labor done by him in the construction of its line of road. The evidence showed that he performed the labor, and that it was worth the amount claimed. But it also showed that he performed the labor under contract with one Millett, who was a conti’actor in the construction of appellant’s railroad. Millett was not a party to this suit. Judgment was rendered for appellee for the amount claimed by him. *Held:*It is now well settled that, in this character of cases, the contractor is a necessary party. [R. R. Co. v. Rucker, 59 Tex. 587.] It is only by virtue of the statute that a subcontractor or laborer has an action directly against the railroad company for the enforcement of the statutory lien. [R. S. App. p. 4; A. & N. W. R. R. Co. v. Daniels, 62 Tex. 70.] The statute alone *670creates the privity between a subcontractor or laborer and the railroad company, and in a suit against the company by these parties, it is clear that the original contractor is a necessary party to establish privity, and in such suit a personal judgment cannot be had against the company for the debt, but only a judgment establishing-a lien upon the property of the company for such debt..

June 6, 1885.

Reversed and remanded.
Exhibit (21)

                     LIST OF SUBSIDIARIES OF HSB GROUP, INC.


NAME OF COMPANY                                            STATE/JURISDICTION OF
                                                               INCORPORATION/
                                                                 FORMATION

The Allen Insurance Company                                         Bermuda
The Boiler Inspection and Insurance Company of Canada
(wholly-owned by HSB Engineering Insurance Ltd.)                    Canada
EIG, Co.                                                            Delaware
The Hartford Steam Boiler Inspection
and Insurance Company                                               Connecticut
The Hartford Steam Boiler Inspection
and Insurance Company of Connecticut                                Connecticut
The Hartford Steam Boiler Inspection and
 Insurance Company of Texas                                         Texas
Hartford Steam Boiler International GmbH                            Germany
Hartford Steam Boiler (Singapore) PTE Ltd.                          Singapore
HSB Associates, Inc.                                                New York
HSB Capital I                                                       Delaware
HSB Capital II                                                      Delaware
HSB Engineering Finance Corporation                                 Delaware
HSB Engineering Insurance Limited (wholly-owned by EIG Co.)
                                                                    England
HSB Haughton Engineering Insurance Services, Ltd. (wholly-owned by
HSB Engineering Insurance Limited)                                  England
HSB Investment Corporation                                          Connecticut
HSB Professional Loss Control, Inc.                                 Tennessee
HSB Reliability Technologies Corp.                                  Florida
Integrated Process Technologies, LLC (51% owned)                    Delaware
One State Street Intermediaries                                     Connecticut
Ra-Hart Investment Company                                          Texas
exv10w1






Exhibit 10.1

 




 




ASHFORD HOSPITALITY TRUST, INC.




NONQUALIFIED DEFERRED COMPENSATION PLAN




FIRST AMENDMENT




               WHEREAS, Ashford Hospitality Trust, Inc. (the “Company”) maintains the Ashford Hospitality
Trust, Inc. Nonqualified Deferred Compensation Plan (effective January 1, 2008) (the “Plan”) for
the benefit of its eligible employees; and



               WHEREAS, the Company desires to amend the Plan to comply with Code Section 409A and
regulations issued thereunder; and



               WHEREAS, in Section 9.1 of the Plan, the Company reserved the right to amend the Plan to
comply with Code Section 409A;



               NOW, THEREFORE, the Plan is hereby amended by this First Amendment thereto, effective as of
January 1, 2008, as follows:



1.  Section 3.1(d) shall be added to the Plan to provide as follows:



“(d) Deferral of Other Amounts. An Eligible Employee may elect to defer such
other amounts as determined by the Committee at such time and in such manner as the
Committee shall provide in accordance with Code Section 409A and regulations issued
thereunder.”



2.  Section 3.2(g) shall be added to the Plan to provide as follows:



“(g) Deferral of Other Amounts. Any election to defer other amounts
shall be made during the election period established by the Committee in accordance
with the requirements of Section 409A of the Code.”



3.  Section 5.1 shall be revised by deleting the phrase “, Disability,” to read as
follows:



“In the event a Participant incurs a Separation from Service for any reason other
than death or Retirement, the Participant’s Account shall be paid in a single
lump-sum payment within 45 days following such Separation from Service.”



4.  Section 5.4(a) shall be revised to read as follows:



“In the event the Committee makes a determination that a Participant has incurred a
Disability, the Participant’s Account shall be paid as of such date in the form
designated by the Participant in accordance with Section 5.4(b) below.”



 









 





5.  The first sentence of Section 5.6(a) shall be amended by adding the phrase “
and any other amounts deferred under the Plan” immediately after the phrase
“Base Salary, Bonus deferrals and RSU deferrals”, to read as follows (underlined to
show this clarification):



“During the annual enrollment for each Plan Year, a Participant may designate a date
or dates that any portion of his or her Base Salary, Bonus deferrals and RSU
deferrals and any other amounts deferred under the Plan attributable to
such Plan Year shall be paid prior to Separation from Service.”



6.  Except as modified herein, the Plan is specifically ratified and affirmed.



               IN WITNESS WHEREOF, this First Amendment to the Plan is executed this 31st day of December,
2008, to be effective as herein provided.



	 	 	 	 	 	 
	 	ASHFORD HOSPITALITY TRUST, INC.
 	 
	 	 	  	 	 
	 	By:  	/s/
David A. Brooks	 
	 	 	  	 	 
	 	Printed Name:	David
A. Brooks	 
	 	 	  	 	 
	 	Title:  	Chief
Legal Officer	 
	 	 	  	 	 




-2-