alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w1



 






EXHIBIT 10.1




FIRST AMENDMENT

TO THE

PSF GROUP HOLDINGS, INC.

1999 EQUITY INCENTIVE PLAN




     WHEREAS, Premium Standard Farms, Inc. (the “Company”) has heretofore adopted and maintains the
PSF Group Holdings, Inc. 1999 Equity Incentive Plan (the “Plan”); and



     WHEREAS, the Board of Directors of the Company has authorized and directed the Company to
amend the Plan to permit alternative methods of paying the exercise price and withholding taxes in
connection with the exercise of options granted under the Plan.



     NOW, THEREFORE, pursuant to the power of amendment contained in Section 10.1 of the Plan, the
Plan is hereby amended as follows, effective November 11, 2005:



     1. The second paragraph of Section 5.6 of the Plan is hereby deleted, and the following
paragraph is inserted in lieu thereof:




Upon the exercise of any Option, the Exercise Price shall be payable to the
Company in full in cash or its equivalent, or in such other manner as may be
set forth in the applicable Award Agreement, either initially or as amended
from time to time.



     2. Section 11.2 of the Plan is hereby amended to read as follows:




An Award Agreement may provide that (i) the Company shall withhold an amount
of cash which would otherwise be payable to a Participant, in the amount
necessary to satisfy any such obligation or (ii) the Participant may satisfy
any such obligation by any of the following means: (A) a cash payment to the
Company, or (B) in the case of the exercise of an option and except as may
be prohibited by applicable law, a cash payment by a broker-dealer
acceptable to the Company to whom the Participant has submitted an
irrevocable notice of exercise.



 









 





     3. The Plan is hereby amended by renumbering Sections 13.5 and 13.6 and all references
thereto as Sections 13.6 and 13.7, respectively, and by inserting a new Section 13.5 to read as
follows:




     13.5 Compliance With Section 409A of Code. This Plan and all
Awards granted hereunder are intended to comply with the provisions of
section 409A of the Code, and shall be interpreted and construed
accordingly. The Company shall have the sole discretion and authority to
amend or terminate this Plan or any Award thereunder, unilaterally and at
any time, to satisfy any requirements of section 409A of the Code or
guidance provided by the U.S. Treasury Department to the extent applicable
to the Plan.



     IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by its duly
authorized officer this 11th day of November, 2005.



	 	 	 	 	 
	 	PREMIUM STANDARD FARMS, INC.

 	 
	 	By:  	/s/
Jeff Gough	 
	 	Name:  	Jeff Gough	 
	 	Title:  	Vice President Human Resources	 
	 




2
| (i)   | the Annual Report on Form 10-K for the fiscal year ended January 31, 2011 of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and |
|-----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

|                 |         |                                              |
|----------------------|--------------|---------------------------------------------------|
| Date: March 17, 2011 |    | /s/    Gary J. Morgan         |
|                 |    | Gary J. Morgan                                    |
|                 |    | Senior Vice President and Chief Financial Officer |
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS FOUND ON
PAGES 1 AND 2 OF THE COMPANY'S FORM 10-Q FOR THE NINE MONTHS ENDED SUPTEMBER 30,
1998, 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>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           3,335
<SECURITIES>                                         0
<RECEIVABLES>                                      995
<ALLOWANCES>                                     (702)
<INVENTORY>                                        767
<CURRENT-ASSETS>                                 4,461
<PP&E>                                           2,313
<DEPRECIATION>                                 (2,010)
<TOTAL-ASSETS>                                   4,775
<CURRENT-LIABILITIES>                            1,822
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           144
<OTHER-SE>                                       2,809
<TOTAL-LIABILITY-AND-EQUITY>                     4,775
<SALES>                                          3,307
<TOTAL-REVENUES>                                 3,307
<CGS>                                            2,008
<TOTAL-COSTS>                                    2,008
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 (117)
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (1,481)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (1,481)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,481)
<EPS-PRIMARY>                                   (0.10)
<EPS-DILUTED>                                   (0.10)
        

</TABLE>
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE

JAVIER RIVERA FRANCO,

Relator. §

§

§

§ No

. 08

- 24

- 00127

- CR

AN ORIGINAL PROCEEDING

IN MANDAMUS

J U D G M E N T

The Court has considered this cause on Relator ’ s petition for writ of mandamus against the

Honorable Lela Mays of the 2 83rd District Court of Dallas County

, Texas and concludes that

Relator ’ s petition for writ of mandamus should be dismissed for want of jurisdiction . We therefore

d ismiss the petition for writ of mandamus for want of jurisdiction , in accordance with the opinion

of this Court.

IT IS SO ORDERED THIS 20TH DAY OF MAY 20 2 4

.

JEFF ALLEY

, Chief Justice

Before Alley, C.J., Palafox and Soto, JJ.
NUMBERS 13-08-00112-CV

 13-08-00728-CV 

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

______________________________________________________________

IN THE INTEREST OF C.W., A CHILD

_____________________________________________________________

On appeal from the 156th District Court 

of San Patricio County, Texas.

______________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam

Appellant, Chad Weachter, father of C.W., attempts to appeal a judgment

terminating the parental rights of the mother of C.W., M.H., entered on February 6, 2008,

in the 156 District Court of San Patricio County, Texas, in cause number S-07-5506-FL-B. th

The judgment entered on February 6, 2008, severed the case of Chad Weachter, and

assigned it cause number S-07-5506-FL-B-1. 
2

On October 21, 2008, the Clerk of this Court notified appellant that the notice of

appeal bears the incorrect cause number, S-07-5506-FL-B, and that the correct cause

number is S-07-5506-FL-B-1. Notice of this defect was given so that steps could be taken

to correct the defect, if it could be done. Appellant was advised that, if proper notice of

appeal was not filed in the trial court within ten days from the date of receipt of this Court’s

letter, the matter would be referred to the Court for further action. To date, no response has

been received from appellant.

Given that appellant, Chad Weachter, was not a party to the judgment entered on

February 6, 2008, in cause number S-07-5506-FL-B, his appeal is ordered SEVERED and

will be docketed in this Court under cause number 13-08-00728-CV. The appeal of M.H.,

will remain under the cause number 13-08-00112-CV and proceed in due course.

Appellant, Chad Weachter, has failed to amend the notice of appeal within the time

prescribed by this Court. See TEX. R. APP. P. 25.1(f), 37.1. The Court, having examined

and fully considered the documents on file, is of the opinion that the appeal should be

dismissed for want of jurisdiction. Accordingly, the appeal in cause number 13-08-00728-

CV is hereby DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a),

(c).

PER CURIAM

Memorandum Opinion delivered and 

filed this the 8th day of January, 2009.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM UNAUDITED
INTERIM STATEMENTS FOR THE THREE MONTHS ENDED AUGUST 31, 1999 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH QUARTERLY REPORT ON FORM 10QSB FOR THE
QUARTERLY PERIOD ENDED AUGUST 31, 1999.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAY-31-2000
<PERIOD-START>                             JUN-01-1999
<PERIOD-END>                               AUG-31-1999
<CASH>                                          28,880
<SECURITIES>                                         0
<RECEIVABLES>                                  103,032
<ALLOWANCES>                                         0
<INVENTORY>                                    242,231
<CURRENT-ASSETS>                               481,954
<PP&E>                                       1,890,447
<DEPRECIATION>                               1,479,233
<TOTAL-ASSETS>                               1,062,365
<CURRENT-LIABILITIES>                        2,272,845
<BONDS>                                              0
<PREFERRED-MANDATORY>                              396
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  23,207,799
<TOTAL-LIABILITY-AND-EQUITY>                 1,062,365
<SALES>                                        199,024
<TOTAL-REVENUES>                               199,024
<CGS>                                          126,610
<TOTAL-COSTS>                                  126,610
<OTHER-EXPENSES>                               779,114
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             292,078
<INCOME-PRETAX>                              (748,778)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (748,778)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (748,778)
<EPS-BASIC>                                     (0.02)
<EPS-DILUTED>                                   (0.02)


</TABLE>
Handbook 130 – 2015, 2016, and 2017 Uniform Engine Fuels and Automotive Lubricants Regulation

171

October 2017

Correction to: NIST Handbook 130 (2015, 2016, and 2017 editions), Uniform Laws and Regulations in the Areas of 

Legal Metrology and Engine Fuel Quality.

Section: Uniform Engine Fuels and Automotive Lubricants Regulation

Paragraph: 1.14. Diesel Exhaust Fluid (DEF) (Correction is noted with bold struck out text and the correction is 

shown with bold underscored text. 

Location: 2015 edition, page 178

2016 edition, page 174

2017 edition, page 172

Uniform Engine Fuels and

Automotive Lubricants Regulation

Section 1. Definitions

1.14. Diesel Exhaust Fluid (DEF). – A preparation of aqueous urea [(NH2)2CO], containing 32.5 % by mass of 

technically-pure urea in high-purity water with quality characteristics defined by the latest version of ISO 22241, 

“Diesel engines – NOx reduction agent AUS 21 32.”

(Added 2014)
United States Court of Appeals FOR THE EIGHTH CIRCUIT

_____________ No. 97-3073EA

_____________ United States of America, * * Appellee, * Appeal from the United States

* District Court for the Eastern v. * District of Arkansas. * Mark Allen Johnson, * [UNPUBLISHED] * Appellant. *

_____________ Submitted: December 10, 1997

Filed: December 17, 1997

_____________ Before FAGG, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

_____________ PER CURIAM. Mark A llen Johnson appeals the sentence of imprisonment imposed by th e distr ict court on revocation of Johnson's supervised release. We conclude that a n extend eddiscussion on our part is not warranted because Johnson's arguments ar e forecl osedby this court's recent opinion in United States v. Thornell , No. 97-1534 , 1997 WL693050, at *2 (8th Cir. Nov. 6, 1997). We thus affirm Johnson's sentence. See 8th Cir. R. 47B.-2-

A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
#### Talmadge, commissioner, *v.*Myers.

Hines, J.

This ease is controlled by the rulings in *Talmadge*v. *Cordell,*ante. It follows that the judgment in the main bill of exceptions is affirmed; and that the judgment in the cross-bill of exceptions is reversed in so far as it provided, after sustaining the plaintiff’s de*601murrer to the answer of the defendant, that the matters therein set up could be considered upon the issues whether the defendant acted in good faith in the premises, and whether the plaintiff was barred by laches.

Nos. 6765, 6771.

December 13, 1928.

Rehearing denied January 23, 1929.

*Judgment affirmed on the main Mil of exceptions, and affirmed in part and reversed in part on the eross-Mll.*

*All the Justices concur.*
Exhibit 99.1

                            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 Dimensional Visions Incorporated
(the "Company") on Form 10-QSB for the period ending December 31, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Jason M. Genet, Chief Executive 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, 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 result of operations of the
Company.

/s/ Jason M. Genet
----------------------------------
Jason M. Genet
Chief Executive Officer
February 13, 2003
EXHIBIT 4

 

Case: 1:20-cv-04806 Document #: 472-4 Filed: 10/29/21 Page 1 of 6 PageID #:12884
Document title: 平衡车_自平衡车_卡丁车-滑板车-悬浮鞋【疆游gyroor官网】

Capture URL: http://gyroor.cn/about/

Capture timestamp (UTC): Wed, 27 Oct 2021 21:01:02 GMT Page 1 of 5

1- Shenzhen Chitado Technology Co., Ltd.

4-Jiangyou

5-Jiangyou

Case: 1:20-cv-04806 Document #: 472-4 Filed: 10/29/21 Page 2 of 6 PageID #:12885
Document title: 平衡车_自平衡车_卡丁车-滑板车-悬浮鞋【疆游gyroor官网】

Capture URL: http://gyroor.cn/about/

Capture timestamp (UTC): Wed, 27 Oct 2021 21:01:02 GMT Page 2 of 5

Case: 1:20-cv-04806 Document #: 472-4 Filed: 10/29/21 Page 3 of 6 PageID #:12886
Document title: 平衡车_自平衡车_卡丁车-滑板车-悬浮鞋【疆游gyroor官网】

Capture URL: http://gyroor.cn/about/

Capture timestamp (UTC): Wed, 27 Oct 2021 21:01:02 GMT Page 3 of 5

Case: 1:20-cv-04806 Document #: 472-4 Filed: 10/29/21 Page 4 of 6 PageID #:12887
Document title: 平衡车_自平衡车_卡丁车-滑板车-悬浮鞋【疆游gyroor官网】

Capture URL: http://gyroor.cn/about/

Capture timestamp (UTC): Wed, 27 Oct 2021 21:01:02 GMT Page 4 of 5

2- Shenzhen Chitado Technology Co., Ltd.

5-Jiangyou

Case: 1:20-cv-04806 Document #: 472-4 Filed: 10/29/21 Page 5 of 6 PageID #:12888
Document title: 平衡车_自平衡车_卡丁车-滑板车-悬浮鞋【疆游gyroor官网】

Capture URL: http://gyroor.cn/about/

Capture timestamp (UTC): Wed, 27 Oct 2021 21:01:02 GMT Page 5 of 5

3- Shenzhen Chitado Technology Co., Ltd.

6-Jiangyou

Case: 1:20-cv-04806 Document #: 472-4 Filed: 10/29/21 Page 6 of 6 PageID #:12889
DISMISS; Opinion Filed November 13, 2012.

in The 

## (!nairt uf Apprat 

## FiftIi Oitrtrt nf Lrxa at Ja1ta No. 05-12-OI059-C 7
JOSE ROSALES AND SABRINA ROSALES, Appellants V. JEFFREY GALLAGhER AND SUSAN GALLAGHER, Appellees
On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-02266-2011



### MEMORANDUM OPINION Before Justices Moseley, Fillmore, and Myers Opinion By Justice Moseley Our jurisdiction is fundamental and, subject to a few mostly statutory exceptions, invoked only upon the timely filing of a notice ofappeal from a finaljudgment. TEX. R. App.

. 25.1(b), 26.1; Lehmann i’. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); K& Sinterests, Inc. v. Tex. Am. Bank/Dallas, 749 S.W.2d 887, 890 (Tex.App.—--Dallas 1988, writ denied). The judgment Jose and Sabrina Rosales challenge in this appeal was signed April 27, 2012. The Rosaleses timely filed a motion for new trial, making their notice ofappeal due July 26, 2012. or with an extension motion, August 10, 2012. See TEX. R. App. P.26.1(a), 26.3. The notice ofappeal was filed July 31, 2012, hut without an extension motion. Because a motion for extension oftime is necessarily implied when an appellant acting in

### goodfaith fliesanoticeofappeal within fifteendays ofthedate itisdue. wedirectedtheRosaleses, by letter dated October 12. 

### 2012. to file an extension motion that complied with rule ofappellate 

### procedure 10.5(b). SeeT€x. R. APP. P. 

### i0.5(b), 26.3(b); Verburgtv. Dorner, 959 S.W.2d615,617 (1997). We 

### directed the Rosaleses to 

### file the motion by 

### October22.2012 and 

### cautionedthem that the 

### appeal would

### be 

### dismissed without furthernotice if

### theyfilledto comply. 

### See Id. 42.3(a). To 

### date, the 

### Rosaleses have not filed an extension motion orotherwise communicated with the Court. Accordingly, we dismiss the appeal. See Id.

121059F.P05

—2—

## !nitrt of 41pra1 FiftI! 

## 1iitrirt of ixai at 

## 1a11ai JUDGMENT JOSE ROSALES AND SAI3RINA Appeal from the 30th Judicial District Court ROSALES, Appellants of Collin County. Texas. (Tr.Ct.No. 380- 02266-2011). No. 05-1 2-01 059-CV Opinion delivered by Justice Moseley. Justices Fillmore and Myers participating. ILFFRI (i&LLAGHER AND SuSAN GALLAGHER, Appellees In accordance with this Court’s opinion ofthis date, we DISMiSS the appeal. We ORDER that appellees Jeffrey Gallagher and Susan Gallagher recover their costs, ifany. ofthis appeal from appellants Jose Rosales and Sabrina Rosales. Judgment cntcrLd Novcmhei 1 3 2012 

# /

/ II i/•!j/i / / I / 1/ / / J/L’ JIM MOSELtY JUSTICE
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

BRIAN BENNETT,

Appellant,

v.

TUNDE BENNETT,

Appellee.

No. 4D21-3044

[February 3, 2022]

Appeal of a non-final order from the Circuit Court for the Seventeenth 

Judicial Circuit, Broward County; Susan Alspector, Judge; L.T. Case No. 

FMCE13-013816.

Brian Bennett, Deerfield Beach, pro se.

David L. Hirsch of Broward’s Hirsh and Associates, P.A., Plantation, for 

appellee.

PER CURIAM.

Affirmed.

CIKLIN, FORST, and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           1,504
<SECURITIES>                                         0
<RECEIVABLES>                                    4,113
<ALLOWANCES>                                         0
<INVENTORY>                                      3,327
<CURRENT-ASSETS>                                 9,049
<PP&E>                                          57,481
<DEPRECIATION>                                (31,535)
<TOTAL-ASSETS>                                  37,546
<CURRENT-LIABILITIES>                            5,555
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           529
<OTHER-SE>                                      23,825
<TOTAL-LIABILITY-AND-EQUITY>                    37,546
<SALES>                                          6,469
<TOTAL-REVENUES>                                 6,469
<CGS>                                            5,193
<TOTAL-COSTS>                                    5,193
<OTHER-EXPENSES>                                   852
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   3
<INCOME-PRETAX>                                    421
<INCOME-TAX>                                       118
<INCOME-CONTINUING>                                303
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       303
<EPS-PRIMARY>                                     0.08
<EPS-DILUTED>                                     0.08
        

</TABLE>
**EXHIBIT 32.1**

 

**Certification of Chief Executive Officer**

 

Pursuant to 18U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, theundersigned officer of First Consulting Group, Inc., a Delaware corporation(the “Company”), hereby certifies, to his knowledge, that:

 

(i)    the accompanying Quarterly Report on Form10-Q of the Company for the period ended September 24, 2004 (the “Report”)fully complies with the requirements of Section 13(a) or Section 15(d), asapplicable, of the Securities Exchange Act of 1934, as amended; and

 

(ii)   the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| Dated:  November 3, 2004 | /s/ LUTHER  J. NUSSBAUM                            |
|--------------------------|----------------------------------------------------|
|                     | Luther J. Nussbaum                                 |
|                     | Chairman of  the Board and Chief Executive Officer |

 

The foregoingcertification is being furnished solely to accompany the Report pursuant to 18U.S.C. § 1350 and in accordance with SEC Release No. 33-8238.  This certification shall not be deemed “filed”for purposes of Section 18 of the Securities Exchange Act of 1934, as amended,nor shall it be incorporated by reference in any filing of the Company, whethermade before or after the date hereof, regardless of any general incorporationlanguage in such filing.

 

----
No. 87-1484.

#### International Association of Machinists & Aerospace Workers, District Lodge 751 *v.*Boeing Co. et al.

C. A. 9th Cir. Certiorari denied.

Justice Kennedy took no part in the consideration or decision of this petition.