alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Ex-10.3



 






Exhibit 10.3




SECOND AMENDMENT




TO THE




GENESCO INC. DEFERRED INCOME PLAN




     Genesco Inc., pursuant to the power granted to it by Section 11.2 of the Genesco Inc. Deferred
Income Plan (the “Plan”) hereby amends the Plan as follows, effective as of January 1, 2005:



I.




     Delete in its entirety Section 3.1(b)(i) and substitute in lieu thereof the following:




     (i) Compensation. Each Participant who is an employee of the Company may
elect to defer from 2% to 20% of his Compensation which would have been received in
the Plan Year, but for the deferral election. Such percentage shall be withheld from
each payment of Compensation.



     IN WITNESS WHEREOF, this amendment has been executed on behalf of the Company on this
17th day of May, 2005.



	 	 	 	 	 
	 

	 	GENESCO INC.
	 	
	 
	 	 	 	 
	ATTEST:
	 	 	 	 
	 
	 	 	 	 
	 

	 	By:
	 	/s/ James S. Gulmi
	 

	 	 	 	 
	 
	 	 	 	 
	/s/ Buford Eubanks

	 	Title:
	 	Senior Vice President-Finance
	 

	 	 	 	 
	 
	 	 	 	 
	ATTEST:
	 	 	 	 
	 
	 	 	 	 
	 

	 	By:
	 	/s/ John W. Clinard
	 

	 	 	 	 
	 
	 	 	 	 
	/s/ Buford Eubanks

	 	Title:
	 	Vice President Administration
##### 



Exhibit 32

CERTIFICATION OF
THE TRUSTEE*
OF THE SAN JUAN BASIN ROYALTY TRUST
PURSUANT TO 18 U.S.C. § 1350

In connection with the accompanying report on Form 10-Q for the quarter ended
September 30, 2003, and filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Lee Ann Anderson, Vice President and Trust
Officer of TexasBank, on behalf of TexasBank, the Trustee of the San Juan Basin
Royalty Trust (the Trust), not in its individual capacity but solely as
Trustee of the Trust, hereby certify that:



| | 1. |  | The Report fully complies in all material respects with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934 (as explained in Note 1 to the Trusts financial statements
contained in the Report, in accordance with Securities and Exchange
Commission Staff Accounting Bulletin No. 47, released September 16,
1982, the Trust prepares its financial statements in a manner that
differs from generally accepted accounting principles; such
presentation is customary to other royalty trusts); and
| | -- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | 2. |  | The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations
of the Trust.                                                                                                                                                                                                                                                                                                                                                                                  

| |  |                                                           |                      |                                 
| |  | --------------------------------------------------------- | -------------------- | --------------------------------
| |  | TEXASBANK, AS TRUSTEE OF THE
SAN JUAN BASIN ROYALTY TRUST
| |  |                                                           |                      |                                 
| |  | By:                                                       | /s/ LEE ANN ANDERSON
| |  |                                                           |                     
| |  | Name:                                                     |                      | Lee Ann Anderson                
| |  | Title:                                                    |                      | Vice President and Trust Officer
|
| |  | Date: November 13, 2003                                  

* The Trust has no executive officers.
<PAGE>   1

                                                                    EXHIBIT 11.1

                            MCAFEE ASSOCIATES, INC.

                      COMPUTATION OF NET INCOME PER SHARE
                    (in thousands, except per share amounts)

<TABLE>
<CAPTION>
Primary and Fully Diluted                            Year Ended December 31,
                                                 -------------------------------
                                                    1996      1995       1994
                                                 ---------  ---------  ---------
<S>                                              <C>        <C>        <C>   
Weighted average common shares outstanding          47,691     45,452     42,557
   for the period
Dilutive effect of options, net                      5,516      3,913      3,618
                                                 ---------  ---------  ---------
Shares used in per share calculation                53,207     49,365     46,175
                                                 =========  =========  =========
Net income                                       $  39,017  $  14,916  $   2,605
                                                 =========  =========  =========
Net income per share                             $    0.73  $    0.30  $    0.06
                                                 =========  =========  =========
</TABLE>



                                                                              50
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.                  

###### International Trade Commission

          - [USITC SE-09-015]

# AGENCY HOLDING THE MEETING:

United States International Trade Commission.

# TIME AND DATE:

May 22, 2009 at 11 a.m.

# PLACE:

Room 101, 500 E Street, SW., Washington, DC 20436, Telephone: (202) 205-2000.

# STATUS:

Open to the public.

## Matters To Be Considered

1. Agenda for future meetings: none.

2. Minutes.

3. Ratification List.

4. Inv. Nos. 701-TA-463 and 731-TA-1159 (Preliminary) (Certain Oil Country Tubular Goods from China)—briefing and vote. (The Commission is currently scheduled to transmit its determination to the Secretary of Commerce on or before May 26, 2009; Commissioners' opinions are currently scheduled to be transmitted to the Secretary of Commerce on or before June 2, 2009).

5. Outstanding action jackets: none.

In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

By order of the Commission: 

Issued: May 14, 2009.

William R. Bishop,

Hearings and Meetings Coordinator.

[FR Doc. E9-11678 Filed 5-14-09; 4:15 pm]

BILLING CODE 7020-02-P
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                           <C>
<PERIOD-TYPE>                 6-mos
<FISCAL-YEAR-END>             Dec-31-1997
<PERIOD-END>                  Jun-30-1997
<CASH>                        1,805,885
<SECURITIES>                  000
<RECEIVABLES>                 000
<ALLOWANCES>                  000
<INVENTORY>                   000
<CURRENT-ASSETS>              000
<PP&E>                        21,605,442
<DEPRECIATION>                10,662,887
<TOTAL-ASSETS>                12,879,766
<CURRENT-LIABILITIES>         428,348
<BONDS>                       9,887,842
<COMMON>                      000
<PREFERRED-MANDATORY>         000
<PREFERRED>                   000
<OTHER-SE>                    2,563,576
<TOTAL-LIABILITY-AND-EQUITY>  12,879,766
<SALES>                       1,577,737
<TOTAL-REVENUES>              1,635,710
<CGS>                         000
<TOTAL-COSTS>                 708,858
<OTHER-EXPENSES>              480,171
<LOSS-PROVISION>              000
<INTEREST-EXPENSE>            421,610
<INCOME-PRETAX>               000
<INCOME-TAX>                  000
<INCOME-CONTINUING>           000
<DISCONTINUED>                000
<EXTRAORDINARY>               000
<CHANGES>                     000
<NET-INCOME>                  25,071
<EPS-PRIMARY>                 (.09)
<EPS-DILUTED>                 (.09)
        

</TABLE>
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 Commerce

###### International Trade Administration

Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89-651, as amended by Pub. L. 106-36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States.

Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before June 8, 2009. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, D.C. 20230. Applications may be examined between 8:30 A.M. and 5:00 P.M. at the U.S. Department of Commerce in Room 3720.

Docket Number: 09-022. Applicant: Princeton University, Department of Chemical Engineering, A217 Engineering Quadrangle, Princeton, NJ 08544. Instrument: SWAXS Dual 1D Position-Sensitive-Detector (PSD) System. Manufacturer: Hecus X-Ray System GmbH, Austria. Intended Use: The instrument will be used to acquire information regarding block copolymer microstructures. The dual system allows simultaneous acquisition of time resolved small-angle and wide-angle x-ray scattering data, which provides information regarding the morphology of both amorphous and semi-crystalline block copolymers. Justification for Duty-Free Entry: Use of any other detector system would potentially require considerable reconfiguration of the entities current x-ray system. Application accepted by Commissioner of Customs: April 28, 2009.

      ( print page 23394)    
Dated: May 13, 2009.

Christopher Cassel,

Acting Director, IA Subsidies Enforcement Office.

[FR Doc. E9-11670 Filed 5-18-09; 8:45 am]

BILLING CODE 3510-DS-S
#### Portfolio Recovery Associates, LLC, Respondent, v Jared King, Appellant.

Submitted January 11, 2010;

decided January 14, 2010

Reported below, 55 AD3d 1074.

Motion by Michael J. Hutter, Esq. for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served and 24 copies filed within seven days.
AMENDMENT
                                       OF
                               GUARANTEE CONTRACT
                                     BETWEEN
                 SHIJI RUICHEN GUARANTY AND INVESTMENT CO. LTD.
                                       AND
                        CHINA DIGITAL COMMUNICATION GROUP


                             Contract serial number:
                             LUBAO ZI NO. 0902, 2004

                                   GUARANTOR:
            Shenzhen Shiji Ruichen Guaranty and Investment Co. Ltd.
                                    ADDRESS:
         1706-09 Fuhua 1st Road. Center Commercial Tower. Futian Area.
                                Shenzhen. China
                  Corporate Legal Representative : Zhiyong Xu
                                     BANK:
                                 BANK ACCOUNT:
                                   TELEPHONE:
                                  755-82032400
                                   FACSMILE:
                                 755-8203-2511
                                  POSTAL CODE:
                                     518048

                                   GUARANTEE:
                       China Digital Communication Group
                                    ADDRESS:
                        10880 Wilshire Blvd. Suite: 2250
                                Los Angeles. CA.
                            TELEPHONE: (310) 441-1888
                            FACSIMILE: (310) 441-1883
                               POSTAL CODE: 90024

<PAGE>



                                    AMENDMENT


1.1 Guarantor and Guarantee agree to increase the compensation paid by Guarantor
to Guarantee in case of Seller's default (section 4.1 in the original contract)
from $605,327 (RMB 5,000,000 yuan) to $1,210,000 (RMB 10,000,000 yuan). All else
remains the same.

1.2 Guarantor and Guarantee agree to increase the amount of daily compensation
paid by Guarantor to Guarantee in case of contract delay due to Seller's default
(section 4.2 in the original contract) from $6,053(RMB 50,000 yuan) to $12,100
(RMB 100,000 yuan). They also agree to increase the amount of maximum
compensation in case of contract delay due to Seller's default (same section in
the contract) from $242,000 (RMB 2,000,000 yuan) to $484,000 (RMB 4,000,000
yuan). All else remains the same.
#### In the Matter of Gregory Webb, Petitioner, v Sheldon Greenberg, as Judge of the Criminal Court of the City of New York, et al., Respondents.

[869 NYS2d 914]

*638Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Sheldon Greenberg, a Judge of the Criminal Court of the City of New York, Kings County, to furnish him with a certified copy of the minutes of the sentencing hearing in connection with a criminal action entitled *People v Webb,*commenced in the Criminal Court of the City of New York, Kings County, under indictment No. 15290/95. Application by the petitioner to prosecute this proceeding as a poor person.

Ordered that the application to prosecute this proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied as academic; and it is further,

Adjudged that the proceeding is dismissed, without costs or disbursements.

This Court does not have original subject matter jurisdiction to entertain this proceeding, as no “justice of the supreme court or . . . judge of [the] county court or the court of general sessions” was named as a respondent (CPLR 506 [b] [1]). Since subject matter jurisdiction cannot be waived, the proceeding must be dismissed *(see Matter of Nolan v Lungen,*61 NY2d 788 [1984]; *Matter of Hamilton v Brown,*54 AD3d 760 [2008]; CPLR 7804 [b]; *cf Matter of Law Offs. of Andrew F. Capoccia v Spitzer,*270 AD2d 643, 644 n 2 [2000]). Fisher, J.P, Flório, Garni and Chambers, JJ., concur.
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.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than June 5, 2009.

**A. Federal Reserve Bank of Kansas City**                     (Todd Offenbacker, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:                

*1. Relational Investors LLC; Relational Investors Mid Cap Fund I, L.P.; Relational Investors Mid Cap II, L.P.; Relational Group LLC; Relational Holdings LLC; Relational Investors Group LLC; Ralph V. Whitworth; and David H. Batchelder*, all of San Diego, California; to acquire voting shares of Guaranty Bancorp, and thereby indirectly acquire voting shares of Guaranty Bank and Trust Company, both in Denver, Colorado.                

Board of Governors of the Federal Reserve System, May 18, 2009.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. E9-11906 Filed 5-20-09; 8:45 am]

BILLING CODE 6210-01-S
EXHIBIT 31.2
IEA Income Fund VIII
Rule 13a-14 CERTIFICATION
     I, John Kallas, certify that:
     1. I have reviewed this quarterly report on Form 10-Q of IEA Income FundVIII (the “Registrant”);
     2. Based on my knowledge, this quarterly report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisquarterly report;
     3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theRegistrant as of, and for, the periods presented in this quarterly report;
     4. The other certifying officer of Cronos Capital Corp. (“CCC”), theGeneral Partner of the Registrant, and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-14 and 15d-14) for the Registrant and we have:
          (a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the Registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this quarterly report is beingprepared; and
          (b) evaluated the effectiveness of the Registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, based on ourevaluation; and
          (c) disclosed in this report any change in the Registrant’s internalcontrol over financial reporting that occurred during the Registrant’s mostrecent fiscal quarter (the Registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the Registrant’s internal control over financial reporting.
     5. CCC’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theRegistrant’s auditors and the Audit Committee of Registrant’s Board ofDirectors (or persons performing the equivalent function):
          (a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the Registrant’s ability to record, process,summarize and report financial information; and
          (b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the Registrant’s internal control overfinancial reporting.
Date: May 14, 2004
/s/ JOHN KALLASJohn Kallas
#### The People of the State of New York, Respondent, v Steve Narine, Appellant.

[975 NYS2d 677]

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered November 30, 2004, convicting him of robbery in the first degree, robbery in the second degree (two counts), assault in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Rios, J.), of those branches of the defendant’s omnibus motion which were to suppress physical evidence and identification testimony.

*854Ordered that the judgment is affirmed.

The defendant’s contentions with respect to the denial of those branches of his omnibus motion which were to suppress physical evidence and identification testimony are without merit *(see People v Bisnauth,*111 AD3d 846 [2013] [decided herewith]; *People v Alston,*53 AD3d 585 [2008]; *People v Bennett,*37 AD3d 483, 484 [2007]; *People v Nieves,*26 AD3d 519 [2006]; *People v Day,*8 AD3d 495, 496 [2004]; *People v Ulmer,*134 AD2d 634, 635 [1987]; *People v Hampton,*129 AD2d 736, 737 [1987]).

The defendant’s contention that the evidence was not legally sufficient to establish his guilt of the crimes of which he was convicted is unpreserved for appellate review *(see*CPL 470.05 [2]). In any event, viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of those crimes beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence *(see People v Mateo,*2 NY3d 383, 410 [2004], *cert denied*542 US 946 [2004]).

The defendant’s claim that he was deprived of a fair trial by the prosecutor’s summation is unpreserved for appellate review, and, in any event, without merit *(see People v McDonald,*82 AD3d 1125, 1126 [2011]; *People v McCall,*80 AD3d 626, 628 [2011]; *People v Perez,*77 AD3d 974 [2010]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]).

The defendant’s remaining contention is without merit. Mastro, J.E, Leventhal, Austin and Sgroi, JJ., concur.