alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### ALBERICI CORPORATION, as Plan Administrator for Alberici Companies Retirement Plan; Plaintiff-Appellee, Gary Davis, Intervenor Plaintiff-Appellee, v. Helen E. DAVIS, Defendant-Appellant.

No. 06-1009.

United States Court of Appeals, Eighth Circuit.

Submitted: May 17, 2006.

Filed: July 6, 2006.

*691Daniel J. Schwartz, William Christopher Dunning, Greensfelder *&*Hemker, St. Louis, MO, for Plaintiff-Appellee.

Richard S. Bender, David G. Bender, Rosenblum & Goldenhersh, Clayton, MO, for Intervenor Plaintiff-Appellee.

Susan Kreher Roach, The Roach Law Firm, Clayton, MO, for Defendant-Appellant.

Before BYE, HANSEN, and SMITH, Circuit Judges.

PER CURIAM.

Helen Davis appeals the district court’s grant of summary judgment in favor of Alberici Corporation and Gary Davis, holding a domestic relations order entered in connection with the Davis’s divorce was not a qualified domestic relations order (QDRO) as defined by 29 U.S.C. § 1056(d)(3)(D)(ii) of the Employee Retirement Income Security Act. The district court1 concluded the domestic relations order would require Alberici to pay Helen benefits in excess of the amount in Gary’s retirement account. Therefore, it violated § 1056(d)(3)(D)(ii)’s prohibition against paying increased benefits and was not a QDRO. We agree. Because an extended discussion would add nothing to the well-reasoned order of the district court, we affirm under 8th Cir. R. 47B.

1

. The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri.
HNZ 10K 4/28/2013 EX 10ALX






Exhibit 10(a)(lx)




FORM OF AMENDMENT TO 
LONG-TERM PERFORMANCE PROGRAM AWARD AGREEMENT
(FISCAL YEARS 2012-2013)




This Amendment (“Amendment”) to Long-Term Performance Program Award Agreement (Fiscal Years 2012-2013) is made effective as of __________, 2013, by and between [EMPLOYEE NAME], an individual (“Employee”), and H. J. HEINZ COMPANY, a Pennsylvania corporation (“Company”).


WITNESSETH:


WHEREAS, Employee and Company are parties to that certain Long-Term Performance Program Award Agreement (Fiscal Years 2012-2013) dated _______ (the “Award Agreement”); and


WHEREAS, pursuant to the Agreement and Plan of Merger, by and among the Company, Hawk Acquisition Holding Corporation, and Hawk Acquisition Sub, Inc., dated as of February 13, 2013, the MDCC has determined that the Award will be paid at 100% of the Target Award Opportunity, and the Award Agreement is amended accordingly.


NOW, THEREFORE, in consideration of the foregoing and the agreements and covenants contained herein:


		
	1. 
	Award.  The Award Agreement is hereby amended to provide that the Company's performance against the ROIC Target metric and the TSR Value metric is deemed to be such that 100% of the Target Award Opportunity is earned for the Performance Period.  




2.    Payment.  The Award will be payable in cash pursuant to Section 3 of the Award     Agreement and will not be subject to the Company's Stock Ownership Guidelines.


3.    Miscellaneous.  


		
	(a)
	Defined Terms.  Unless otherwise defined herein, all capitalized terms used but not defined in this Amendment shall have the meanings given to them in the Award Agreement.




		
	(b)
	No Other Modification.  Except as amended herein, all other terms and conditions of the Award Agreement shall remain in full force and effect.




		
	(c)
	Governing Law.  This Amendment shall be governed by the laws of the Commonwealth of Pennsylvania. 




H. J. HEINZ COMPANY




By:    /s/ Randolph W. Keuch             
Vice President - Total Rewards
CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


     The  undersigned  hereby  certify,  pursuant to 18 U.S.C.  Section 1350, as
adopted pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002, that, to the
undersigned's  best knowledge and belief,  the Quarterly Report on Form 10-Q for
the Geodyne Energy Income  Limited  Partnership  II-E  ("Issuer") for the period
ending June 30, 2006 as filed with the Securities and Exchange Commission on the
date hereof (the "Report"):

      (a)   fully complies with the requirements of section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and
      (b)   the  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Issuer.

      Dated this 14th day of August, 2006.

                                    GEODYNE ENERGY INCOME LIMITED
                                    PARTNERSHIP II-E
                                    ("Issuer")

                                    //s// Dennis R. Neill
                                    -----------------------------------
                                    Dennis R. Neill
                                    President (Chief Executive Officer)

                                    //s// Craig D. Loseke
                                    -----------------------------------
                                    Craig D. Loseke
                                    Chief Accounting Officer
                                    (Chief Financial Officer)


      A signed  original of this written  statement  required by Section 906 has
been  furnished to Geodyne  Energy Income  Limited  Partnership II-E and will be
retained by Geodyne Energy Income Limited  Partnership II-E and furnished to the
Securities and Exchange Commission or its staff upon request.
COURT OF A PPEAL S EI GHTH D I STRI CT OF TEXAS ELPASO, TEXAS
ENRI QUE GU RROL A, Appellant,
v. THE STATE OF TEXAS, Appellee
. § § § § § § No. 08-10-00037- CR

Appea l from the 243rd Judi cial District Court of El Paso County , Texas (TC# 20090D01393)

MEMORAN DUM OP INION Pending be fore the Court is Appellant’s motion to withdraw his notice of a ppeal pur suant to T E X .R.A P P .P. 42.2(a). Appe llant has persona lly signe d his request a

nd has filed it prior to the appellate court’s de cision. See T E X .R.A P P .P. 42.2(a). F urther, a duplicate c opy

has bee n filed with this C ourt and ha s been f orwa rded to the tria l court cle rk. See id . As the motion complies with the require ments of Rule 42.2(a) , we GRAN T Appellant’s motion, and dismiss the appea l.

Fe bruar y 17, 2010 DAVI D WEL L I NGTON CHEW, C hief Just ice Be fore Chew, C.J ., McClure, a nd Rivera, JJ
. (Do Not Publish)
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 Energy

###### Federal Energy Regulatory Commission

          - [Project No. 459-212]

In accordance with the National Environmental Policy Act of 1969, as amended, and the Federal Energy Regulatory Commission's (Commission) regulations (18 CFR Part 380), Commission staff has reviewed the Shoreline Management Plan (SMP), filed March 28, 2008, for the Osage Project (FERC No. 459). An environmental assessment (EA) has been prepared as part of staff's review. The project licensee, AmerenUE, developed the SMP in accordance with license article 417 of the license for the Osage Project. The project is located in Benton, Camden, Miller, and Morgan Counties, Missouri.

In the EA, Commission staff analyzes the probable environmental effects of the SMP and concludes that approval of the SMP, with appropriate environmental measures, would not constitute a major Federal action significantly affecting the quality of the human environment.

                    A copy of the EA is available for review at the Commission's Public Reference Room, or it may be viewed on the Commission's Web site at                     *http://www.ferc.gov*                     using the “eLibrary” link. Enter the docket number (P-459) in the docket number field to access the document. For assistance, call (202) 502-8222, or (202) 502-8659 (for TTY).                

Any comments should be filed by, July 10, 2009, and should be addressed to Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please reference the Osage Project No. 459, on all comments. For further information on this notice, please contact Shana High at (202) 502-8674.

                    Comments may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001 (a)(1)(iii) and the instructions on the Commission's Web site at                     *http://www.ferc.gov*                     under the e-Filing link. The Commission strongly encourages electronic filing.                

Kimberly D. Bose, 

Secretary.

[FR Doc. E9-14194 Filed 6-16-09; 8:45 am]

BILLING CODE 6717-01-P
meil_ex41.htm


Exhibit 4.1


 



PROMISSORY NOTE


 


(Term Loan Facility)




 



	$1,600,000	Due In Accordance With
	 	 
 Loan Agreement







 


FOR VALUE RECEIVED the undersigned (the “Borrower”) promises to pay to or to the order of 1730636 Ontario Limited (the “Lender”) at 54117 Best Line, Aylmer, Ontario  N5H 2R3 at the times and in the manner applicable to the term loan facility as set forth in a loan agreement between the Borrower and the Lender comprised of a letter from the Lender to the Borrower dated June 21, 2013 and accepted by the Borrower on June 24, 2013 (collectively, the “Loan Agreement”),


 



	
(i)  

	
the principal amount of One Million, Six Hundred Thousand ($1,600,000) Dollars in lawful money of Canada or so much thereof as may be outstanding under the term loan facility pursuant to the Loan Agreement; and







 



	
(ii)  

	
all interest accrued on such principal amount outstanding from time to time and all interest accrued on overdue interest calculated and payable in like currency at the rate applicable thereto as stipulated in the Loan Agreement.







 


This promissory note is issued pursuant to the Loan Agreement to evidence the principal amount advanced under the term loan facility provided for therein.


 


PRESENTMENT FOR PAYMENT AND PROTEST WAIVED


 


DATED at Brampton, Ontario, this 11th day of July, 2013.


 




	 	 
METHES ENERGIES CANADA INC.

	 
	 	 	 	 
	 	
Per: 

	/s/ Han Swoong Ng	 
	 	 	 
Han Swoong Ng – President

	 
	 	 	 	 
	 	 	 
I have authority to bind the Corporation.
Exhibit 31(i)

CERTIFICATIONS

 
I, Jay A. Lewis, certify that:  
1.
I have reviewed these annual reports on Form 10-K of Entergy Louisiana, LLC;  
2.
Based on my knowledge, these reports do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by these reports;  
3.
Based on my knowledge, the financial statements, and other financial information included in these reports, fairly present in all material respects the financial condition, results of operations and cash flows of the registrants as of, and for, the periods presented in these reports;  
4.
The registrants' other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrants and have:   
a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrants, including their consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which these reports are being prepared;   
b)  Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;   
c) Evaluated the effectiveness of the registrants' disclosure controls and procedures and presented in these reports our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by these reports based on such evaluation; and   
d) Disclosed in these reports any change in the registrants' internal control over financial reporting that occurred during the registrants' most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants' internal control over financial reporting; and  
5.
The registrants' other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants' auditors and the audit committee of the registrants' board of directors (or persons performing the equivalent functions):   
a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants' ability to record, process, summarize and report financial information; and   
b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants' internal control over financial reporting.

		/s/ Jay A. Lewis
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000842881
<NAME> GEODYNE ENERGY INCOME LIMITED PARTNERSHIP II-E
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                         687,107
<SECURITIES>                                         0
<RECEIVABLES>                                  372,216
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,059,323
<PP&E>                                      15,918,855
<DEPRECIATION>                              12,836,660
<TOTAL-ASSETS>                               4,497,165
<CURRENT-LIABILITIES>                          223,615
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   4,214,316
<TOTAL-LIABILITY-AND-EQUITY>                 4,497,165
<SALES>                                      1,379,969
<TOTAL-REVENUES>                             1,441,378
<CGS>                                                0
<TOTAL-COSTS>                                2,019,138
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (577,760)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (577,760)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (577,760)
<EPS-PRIMARY>                                   (2.63)
<EPS-DILUTED>                                        0
        

</TABLE>
United States Court of Appeals

for the Fifth Circuit

No. 20-40863

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Latimer Laban Baker, 

Defendant—Appellant.

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:19-CR-33-1

Before King, Costa, and Ho, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Latimer Laban Baker has moved 

for leave to withdraw and has filed a brief in accordance with Anders v. 

California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th 

Cir. 2011). Baker has not filed a response. We have reviewed counsel’s brief 

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this 

opinion should not be published and is not precedent except under the limited 

circumstances set forth in 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

November 16, 2021

Lyle W. Cayce

Clerk

Case: 20-40863 Document: 00516095548 Page: 1 Date Filed: 11/16/2021
No. 20-40863

2

and the relevant portions of the record reflected therein. We concur with 

counsel’s assessment that the appeal presents no nonfrivolous issue for 

appellate review.

Our review reveals a clerical error in the judgment. The district court 

found at sentencing that Baker did not have the ability to pay a fine and orally 

pronounced that it was waiving the fine in Baker’s case. The written 

judgment, however, imposes a $100 fine.

Accordingly, counsel’s motion for leave to withdraw is GRANTED, 

counsel is excused from further responsibilities herein, and the APPEAL IS 

DISMISSED. See 5th Cir. R. 42.2. This matter is REMANDED for 

the limited purpose of correcting the clerical error in the judgment. See Fed. 

R. Crim. P. 36.

Case: 20-40863 Document: 00516095548 Page: 2 Date Filed: 11/16/2021
AMENDMENT TO LONG-TERM INCENTIVE PLAN


             Effective January 30, 1996, the Company's Long-Term Incentive
   Plan was amended in the following respects:

             1.   The first sentence of Section 9 of the Plan was amended in
   its entirety to provide as follows:

             In the event a Participant's employment is terminated by
        reason of death, disability or normal or early retirement (as
        permitted by the Company's retirement plans), the Participant
        will be entitled to receive a partial award for any Performance
        Period in which he was a Participant and during which he was
        employed for at least 24 months (or such shorter period as shall
        be determined by the Committee).

             2.   The first sentence of Section 10 of the Plan was amended in
   its entirety to provide as follows:

             With the approval of the Committee, a person who is hired
        or first promoted to an eligible position during the first two
        years of a Performance Period may be permitted to receive a
        partial award for such Performance Period.

                                    *   *   *
​

Exhibit 10.1
​
Certain identified information has been excluded from the exhibit as such information would likely cause competitive harm to the registrant if publicly disclosed. Such exclusions have been marked with a [****].
​
​
​
​
​
​
LOYALTYONE, CO.
​
-and-
​
​
BANK OF MONTREAL
​
​
​
​
​
​
​
​
FIFTH AMENDMENT 
TO
AMENDED AND RESTATED PROGRAM PARTICIPATION AGREEMENT
​
​
​
​
DATED AS OF JULY 4, 2022
​

​
​



​

FIFTH AMENDMENT TO AMENDED AND RESTATED 
PROGRAM PARTICIPATION AGREEMENT
​
This Fifth Amendment to the Amended and Restated Program Participation Agreement (this “Fifth Amendment”) effective as of July 4, 2022 (the “Agreement Date”) is entered into by and between Bank of Montreal (“Bank”) and LoyaltyOne, Co. (“LM”), and constitutes an amendment to and modification of the Amended and Restated Program Participation Agreement dated as of November 1, 2017 by and between Bank and LM, as amended (the “Agreement”). BMO and LM are sometimes hereinafter referred to collectively as the “Parties” and individually as a “Party”.
​
WHEREAS, Bank and LM have entered into the Agreement, pursuant to which the Bank participates in the AIR MILES Rewards Program operated by LM; and
​
WHEREAS, Bank issues BankCards to its customers where AIR MILES reward miles can be earned; and,
WHEREAS, the Parties now wish to further amend the Agreement; and,
​
WHEREAS, capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Agreements.
​
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following:
​
		1.	Prior Agreements. The terms of the Agreement and the terms set forth in this Fifth Amendment shall as of the Agreement Date continue to govern the BankCard benefits pursuant to the Agreement.	

​
		2.	Amendments.	

​
		a.	The Agreement is hereby amended by deleting Section 8.1(e)(iii) in its entirety and replacing it with the following: 	

​
[****]
​
		b.	Schedule 8.1(e)(iii) as attached hereto as Exhibit A will be placed directly after Schedule 8.1(e)(ii) in the Agreement.	

​
		3.	Incorporation of the Agreement. The terms and conditions of the Agreement shall continue in full force and effect, except to the extent they are expressly superseded or modified by or inconsistent with the terms and conditions of this Fifth Amendment, in which event, the Fifth Amendment shall control.	

​

​
​



​

		4.	Governing Law. This Fifth Amendment will be interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties must submit to the jurisdiction of the courts of the Province of Ontario.	

​
IN WITNESS WHEREOF this Amendment has been executed by the Parties by their authorized signing officers as of the date first above-mentioned.
​
​
LOYALTYONE, CO.
​
By: /s/ Rachel MacQueen
Name: Rachel MacQueen
Title: SVP, Collector Experience & Marketing
​
By: /s/ Charles Horn
Name: Charles Horn
Title: Officer 
​
BANK OF MONTREAL
​
By: /s/ illegible
Name: /s/ illegible
Title: VP – Product, Partnerships & Innovation

​
​