alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment Amended and Restated Executive Deferral Plan


 Exhibit 10.5(b) 
  
 INSTRUMENT AMENDING 
 LYONDELL CHEMICAL COMPANY 
 EXECUTIVE DEFERRAL PLAN 
  
 LYONDELL CHEMICAL COMPANY hereby amends the Lyondell Chemical Company Executive Deferral Plan, effective January 1,
2005, to read as follows: 
  
 ARTICLE I, GENERAL PROVISIONS,
Section 1.1, “Purpose and Intent,” is amended to read as follows: 
  
 Section 1.1 Purpose and Intent of Plan. 
  
 This Plan is intended to provide the opportunity for eligible Employees to accumulate supplemental funds through the deferral of portions
of their regular salary, Awards and Executive Supplementary Savings Plan benefits for retirement or special needs prior to retirement. This Plan applies to deferrals made through December 31, 2004 and earnings thereon and no further deferrals
shall be included in this Plan. 
  
 This Plan is
an amendment and restatement of the deferral provisions of the Lyondell Chemical Company Executive Deferral Plan and Lyondell Chemical Company Senior Manager Deferral Plan. 






 ARTICLE III, DEFERRED COMPENSATION ACCOUNTS, Section 3.3, “Interest Rate”, is
amended to read as follows: 
  
 Section 3.3 Interest
Rate. 
  
 A Participant’s Account shall
be credited with interest based on the rate specified below. Interest shall be credited monthly on the balance of the Account on each Valuation Date beginning on the date when deferred amounts are credited to the Account. 
  
 A Participant’s Account will be credited with interest
monthly during each Plan Year before the full distribution of the Participant’s Account at the Interest Rate previously announced by the Company to apply during the Plan Year. Prior to January 1, 2006, the monthly interest rate shall be
based on the previous monthly average of the Salomon Brothers Corporate BB Bond Yield. Effective January 1, 2006, the monthly Interest Rate during the Plan Year shall be based on the previous monthly average of the closing yield to maturity, as
reported by Bloomberg, of Lyondell Chemical Company’s most junior publicly traded debt on December 1 of the prior Plan Year. If this debt is retired during the Plan Year, the monthly interest rate shall be based on the previous monthly
average of the then longest maturity for the Company’s most junior publicly traded debt. 
  
 IN WITNESS WHEREOF, LYONDELL CHEMICAL COMPANY, acting by and through its duly authorized officer, has caused this Instrument to be executed on this 28th day of November, 2005. 
  

							
	 ATTEST:
	 	LYONDELL CHEMICAL COMPANY
				
	 By:
	 	 /s/ JoAnn L. Beck

	 	By:	 	 /s/ Dan F. Smith


	 	 	 Assistant Secretary
	 	 	 	Dan F. Smith
	 	 	 	 	 	 	President and Chief Executive Officer

  

 2
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4596 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 755
108th CONGRESS
  2d Session
                                H. R. 4596

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2004

                                Received

                           September 30, 2004

                          Read the first time

                            October 1, 2004

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT

 
    To amend Public Law 97-435 to extend the authorization for the 
Secretary of the Interior to release certain conditions contained in a 
patent concerning certain land conveyed by the United States to Eastern 
             Washington University until December 31, 2009.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EASTERN WASHINGTON UNIVERSITY LAND TRANSFER AUTHORIZATION 
              EXTENSION.

    The first section of Public Law 97-435 (96 Stat. 2281) is amended 
in subsection (c) by striking ``five years after the enactment of this 
Act'' and inserting ``on December 31, 2009''.

            Passed the House of Representatives September 28, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                                                       Calendar No. 755

108th CONGRESS

  2d Session

                               H. R. 4596

_______________________________________________________________________

                                 AN ACT

    To amend Public Law 97-435 to extend the authorization for the 
Secretary of the Interior to release certain conditions contained in a 
patent concerning certain land conveyed by the United States to Eastern 
             Washington University until December 31, 2009.

_______________________________________________________________________

                           September 30, 2004

                          Read the first time
```
|   | (1) | the      Quarterly Report of Willamette Valley Vineyards, Inc. on Form 10-Q for the      quarterly period ended June 30, 2009 (the “Report”) fully complies with      the requirements of Section 13(a) or 15(d) of the Securities Exchange Act      of 1934; and |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

| Date:      August 14, 2009 |
|----------------------------|
|                       |
| By:                        | /s/ Jeffrey J. Fox |   |
| Name:                      | Jeffrey      J. Fox |   |
| Title:                     | Controller |   |

----
<PAGE>
                                                                      EXHIBIT 24
 
                               POWER OF ATTORNEY
 
    KNOW ALL MEN BY THESE PRESENTS:
 
    WHEREAS, U S WEST Communications, Inc., a Colorado corporation (hereinafter
referred to as the "Company"), proposes to file with the Securities and Exchange
Commission, under the provisions of the Securities Exchange Act of 1934, as
amended, an annual report on Form 10-K for the fiscal year ended December 31,
1997; and
 
    WHEREAS, each of the undersigned is an Officer, Director, or both, of the
Company and holds the office or offices indicated below his name;
 
    NOW THEREFORE, each of the undersigned constitutes and appoints ALLAN R.
SPIES, JAMES T. ANDERSON and THOMAS O. MCGIMPSEY, and each of them, as attorney
for him and in his name, place, and stead, and in his capacity as an Officer or
Director of the Company, to execute and file such annual report, and thereafter
to execute and file any amendment or amendments thereto on Form 10-K, hereby
giving and granting to said attorneys full power and authority to do and perform
all and every act and thing whatsoever requisite and necessary to be done in and
about the premises as fully, to all intents and purposes, as he might or could
do if personally present at the doing thereof, hereby ratifying and confirming
all that said attorneys may or shall lawfully do, or cause to be done, by virtue
hereof.
 
    IN WITNESS WHEREOF, each of the undersigned has executed this Power of
Attorney this 25th day of March 1998.
 
                                          /s/ Solomon D. Trujillo
                                          --------------------------------------
                                          Solomon D. Trujillo, PRESIDENT AND
                                          CHIEF EXECUTIVE OFFICER AND DIRECTOR
                                          /s/ Michael P. Glinsky
                                          --------------------------------------
                                          Michael P. Glinsky, DIRECTOR
                                          /s/ Oscar X. Munoz
                                          --------------------------------------
                                          Oscar X. Munoz, VICE
                                          PRESIDENT--CONTROLLER
EXHIBIT 4.3

          FIRST SUPPLEMENTAL INDENTURE (the "First Supplement"), dated as of July 1, 1999, is entered into by and among Mississippi Chemical Corporation, a Mississippi corporation (the "Company"), and Mississippi Nitrogen, Inc., a Delaware corporation and a wholly owned subsidiary of the Company, and MissChem Nitrogen, L.L.C., a Delaware limited liability company and an indirect wholly-owned subsidiary of the Company (collectively the "Subsidiary Guarantors"), and HARRIS TRUST AND SAVINGS BANK, as Trustee (the "Trustee").

RECITALS OF THE COMPANY AND THE GUARANTOR

          WHEREAS, the Company and the Trustee have executed and delivered an Indenture, dated as of November 25, 1997, (the "Indenture"), and pursuant to Section 301 thereof, the Company by Board Resolution provided for the issuance by the Company of $200,000,000 aggregate principal amount of the Company's 71/4% Senior Notes due 2017 (the "Notes").

          WHEREAS, simultaneously herewith, the Subsidiary Guarantors are entering into guarantees (the "Bank Guarantees") of the Credit Agreement dated as of November 25, 1997 by and among the Company and the banks named therein (such Credit Agreement, as heretofore and hereafter amended, the "Bank Credit Agreement");

          WHEREAS, although not required by the Indenture, the Subsidiary Guarantors agree to enter into the First Supplement thereby guaranteeing the punctual payment and performance when due of all Obligations (as defined below);

          WHEREAS, pursuant to Section 901(h) of the Indenture, the Company, the Subsidiary Guarantors and the Trustee may enter into this First Supplement without the consent of any Holder;

          WHEREAS, the execution and delivery of this First Supplement have been duly authorized by a Board Resolution of the Boards of Directors or equivalent bodies of the Company and the Subsidiary Guarantors; and

          WHEREAS, all conditions and requirements necessary to make the First Supplement valid and binding upon the Company and the Subsidiary Guarantors, and enforceable against the Company and the Subsidiary Guarantors in accordance with its terms, have been performed and fulfilled;

          NOW, THEREFORE, in consideration of the above premises, each of the parties hereto agrees, for the benefit of the others and for the equal and proportionate benefit of the Holders of the Notes, as follows:

ARTICLE ONE
<PAGE>   1



                                  EXHIBIT 99.2

                                  PRESS RELEASE

                     BAYARD DRILLING TECHNOLOGIES ANNOUNCES
                  ACQUISITION OF DRILLING ASSETS IN SOUTH TEXAS

         OKLAHOMA CITY, OKLAHOMA, JUNE 30, 1998: Bayard Drilling Technologies,
Inc. (AMEX: BDI) announced today that it has completed the purchase of the
contract drilling assets of TransTexas Gas Corporation for $75 million. Bayard
and TransTexas entered into a 30-month drilling alliance agreement under which
TransTexas will utilize up to 15 Bayard rigs to meet its land drilling needs in
South Texas and the Gulf Coast regions. Bayard agreed to make such rigs
available for use by TransTexas at pre-agreed terms. Currently, eight of the
rigs are on location and drilling for TransTexas. In addition, the Company
anticipates that TransTexas may utilize one of the Company's deep SCR land rigs
to develop TransTexas' Eagle Bay field in Galveston Bay. TransTexas may also
utilize one or more of the Company's deep SCR rigs in the future on prospects in
south Louisiana.

         Bayard financed the acquisition with a private placement of $100
million of senior notes of the Company under Rule 144A. The notes bear interest
at 11% and mature in 2005. The notes have not been registered under the
Securities Act of 1933 and may not be offered or sold in the United States
absent registration or an applicable exemption from registration requirements.

         Bayard Drilling Technologies, Inc. is a leading provider of land
drilling services to major and independent oil and gas companies.

         The Company's operating results are substantially affected by industry
conditions such as the levels and volatility of market prices of oil and gas. In
recent months, the market prices of oil and gas have decreased significantly,
which has affected demand for land drilling rigs. These developments have the
potential of adversely affecting the Company's results in future periods. The
Private Securities Litigation Reform Act of 1995 provides a "safe harbor" for
forward-looking statements. Certain information included in this news release
contains statements that are forward-looking in nature including statements
about the Company's expectations regarding actions that may be taken by
TransTexas. Such statements involve important risks and uncertainties that could
significantly affect anticipated results in the future and cause actual results
to differ from those expressed in any such forward-looking statements.


                                       ###
Trace Evidence 

Measurements & 

Standards
Material

Measurement

in Forensic Science

Need:

• To ensure the accuracy and reliability of 

forensic results and measurements 

• To create improved methods in forensic 

analysis

Objectives:

• Improving Analytical Capabilities in 

Three Forensic Science Program Areas

• Drugs and Toxins 

• Trace Evidence

• Human Identity (DNA)

• Develop measurement toolset

• Methods, Reference Materials and Data 

for Forensics

• Enable quantifiable uncertainty of 

measurements

• Improved efficiency/cost effectiveness

Customers and Partners

DNA profile generated 4X faster

Reliable ID of gunshot residue

SWGDRUG

Combined Chemical 

and Biometric 

Analysis of 

Fingerprint Lifts 

Synthetic 

Cannabinoid 

Structure & 

Analysis
Trace Evidence

 Particles & Surfaces

• Trace explosive & drug particle analysis

• Gunshot Residue – improved elemental 

identification and sensitivity

• Improved sampling methods

• Fingerprint Developer Test Material & Method

• Multivariate analysis

• Morphology, elemental, molecular

 Fibers

• Combined morphology and spectral data

• Improved Micro-IR

• Chemimetric Approaches

 Paint

• Automotive and architectural paint 

characterization

• Fire/Arson

• More reliable analysis of accelerant vapors

• Thermodynamic reference data

Automotive

Paint
Strategy for Trace Evidence

• Inkjet reference materials 

• Field tests

• More reliable elemental ID and 

higher sensitivity GSR analysis

• Multivariate analysis of spectroscopic 

& morphologic data

• For both qualitative and quantitative 

analysis

• Desktop & handheld technologies

• Sampling approaches for particles & 

fingerprints

• Develop 

measurement 

toolset

• Methods, Reference 

Materials and Data 

for Forensics

• Enable quantifiable 

uncertainty of 

measurements

• Improve the 

efficiency/cost 

effectiveness
Trace Evidence

• 11:00 am – 11:20 am Stephanie Watson

– Assessment of a Portable Spectrophotometer for 

Measuring Color of Automotive

• 11:20 am – 11:40 am Julie Bitter

– Evaluating Sources of Variability in Forensic Fiber 

Trace Evidence Examination

• 11:40 am – 12:05 pm Greg Gillen

– Materials Deposition Inkjet Printing for Spatially 

Resolved Chemical Standards

• 12:05 pm – 12:15 pm Q&A SESSION
Exhibit 99.1
                                                                    ------------

CERTIFICATION  OF  CHIEF  EXECUTIVE  OFFICER  AND  CHIEF  FINANCIAL  OFFICER
PURSUANT  TO18  U.S.C.  SECTION  1350,  AS  ADOPTED  PURSUANT  TO

SECTION  906  OF  THE  SARBANES-OXLEY  ACT  OF  2002

I,  William  W.R. Elder, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report  of  Genus, Inc. on Form 10-Q for the fiscal quarter ended March 31, 2003
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange  Act of 1934 and that information contained in such Quarterly Report on
Form  10-Q  fairly presents in all material respects the financial condition and
results  of  operations  of  Genus,  Inc.


     By:      /s/  William  W.R.  Elder
             --------------------------
     Name:    William  W.R.  Elder
     Title:   Chief  Executive  Officer

I,  Shum  Mukherjee,  certify,  pursuant  to  18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report  of  Genus, Inc. on Form 10-Q for the fiscal quarter ended March 31, 2003
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange  Act of 1934 and that information contained in such Quarterly Report on
Form  10-Q  fairly presents in all material respects the financial condition and
results  of  operations  of  Genus,  Inc.

     By:      /s/  Shum  Mukherjee
             --------------------------
     Name:    Shum  Mukherjee
     Title:   Chief  Financial  Officer


                                       37
<PAGE>
<TABLE> <S> <C>

<ARTICLE>                  5

<S>                                                  <C>
<PERIOD-TYPE>                                        3-MOS
<FISCAL-YEAR-END>                                    MAR-31-2001
<PERIOD-END>                                         JUN-30-2000
<CASH>                                               177,384
<SECURITIES>                                         620,430
<RECEIVABLES>                                        1,339,059<F1>
<ALLOWANCES>                                         000
<INVENTORY>                                          000
<CURRENT-ASSETS>                                     000
<PP&E>                                               000
<DEPRECIATION>                                       000
<TOTAL-ASSETS>                                       15,005,456<F2>
<CURRENT-LIABILITIES>                                000
<BONDS>                                              000
<COMMON>                                             000
<PREFERRED-MANDATORY>                                000
<PREFERRED>                                          000
<OTHER-SE>                                           11,651,839
<TOTAL-LIABILITY-AND-EQUITY>                         15,005,456<F3>
<SALES>                                              000
<TOTAL-REVENUES>                                     58,835<F4>
<CGS>                                                000
<TOTAL-COSTS>                                        000
<OTHER-EXPENSES>                                     231,938<F5>
<LOSS-PROVISION>                                     000
<INTEREST-EXPENSE>                                   1,500
<INCOME-PRETAX>                                      000
<INCOME-TAX>                                         000
<INCOME-CONTINUING>                                  000
<DISCONTINUED>                                       000
<EXTRAORDINARY>                                      000
<CHANGES>                                            000
<NET-INCOME>                                         (579,741)<F6>
<EPS-BASIC>                                        (5.74)
<EPS-DILUTED>                                        000
<FN>
<F1>Included in Receivables:  Interest receivable of $10,286 and Note receivable
of  $1,328,773  <F2>Included  in Total  Assets:  Investments  in  Local  Limited
Partnerships  of  $12,868,583  <F3>Included  in Total  Liabilities  and  Equity:
Accounts  payable to  affiliates  of  $2,535,968,  Accounts  payable and accrued
expenses of $302,681 and Note  payable,  affiliate of $514,968  <F4>Included  in
Total Revenue:  Investment of $10,768, Recovery of bad debt of $10,955 and Other
of $37,112  <F5>Included  in Other Expenses:  Asset  management fees of $90,545,
General and administrative of $117,742 and Amortization of $23,651  <F6>Included
in Net Loss: Equity in losses of Local Limited Partnerships of $405,138</FN>

</TABLE>
CERTIFICATION OF CHIEF FINANCIAL OFFICER
                          OF CORPORATE GENERAL PARTNER

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

The  undersigned,  Robert A. Bourne,  the  President and Treasurer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund VI, Ltd.  (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period  ending  June 30,  2003 (the  "Report").  The
undersigned hereby certifies that:

(1) the Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and

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



Date:   August 5, 2003                          /s/ Robert A. Bourne
                                                ----------------------------
                                                Name:  Robert A. Bourne
                                                Title: President and Treasurer

                                                A   signed   original   of  this
                                                written  statement  required  by
                                                Section 906 has been provided to
                                                CNL  Income  Fund VI,  Ltd.  and
                                                will be  retained  by CNL Income
                                                Fund VI, Ltd.  and  furnished to
                                                the   Securities   and  Exchange
                                                Commission  or  its  staff  upon
                                                request.
Exhibit 10.1(b)


  Schedule of Secured Convertible Note (new financings after October 31, 2005)
        Issued by NCT Group, Inc. to Carole Salkind on December 7, 2005


      Issue Date        Due Date         Principal         Conversion Price
      ----------        --------         ---------         ----------------
       12/07/05         06/07/06         $300,000       Greater of: (i) $0.0045;
                                                        or (ii) the par value
                                                        of NCT Group, Inc.
                                                        common stock on the date
                                                        of conversion