alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-4.1


 Exhibit 4.1 
 AMENDMENT TO 
 RIGHTS AGREEMENT 

This Amendment to Rights Agreement dated as of July 8, 2013 (“Amendment”) amends that certain Rights Agreement
(“Agreement”) dated as of May 19, 2008 by and between Forbes Energy Services Ltd., a Texas corporation (“Company”), and CIBC Mellon Trust Company, a company existing under the laws of Canada (“Rights Agent”).

 WHEREAS, Section 27 of the Agreements provides that the Company may amend the Agreement as the Company deems necessary
or desirable, without action of the holders of the rights, if the rights are then redeemable; 
 WHEREAS, the rights are
currently redeemable and the Company desires to amend the Agreement in order to increase the triggering threshold; 
 NOW
THEREFORE, in consideration of the premises set forth above, the parties hereby agree as follows: 
  

	 	1.	All references in the Agreement and the exhibits attached thereto to “15%” shall be replaced by “20%.” 


 

	 	2.	Except as expressly modified by this Amendment, all of the terms, covenants, agreements, conditions and other provisions of the Rights Agreement shall remain in full
force and effect in accordance with their respective terms. As used in the Agreement, the terms “this Agreement,” “herein,” “hereinafter,” “hereunder,” “hereto” and words of similar import shall mean
and refer to, from and after the date of this Amendment, unless the context otherwise requires, the Agreement as amended by this Amendment. 

  

	 	3.	Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings given to such terms in the Agreement. 


 

	 	4.	This Amendment may be executed in one or more counterparts, and signature pages may be delivered by facsimile, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument, and shall become effective upon its execution by the parties hereto. 

 [Remainder of Page Intentionally Left Blank] 






 IN WITNESS WHEREOF, the parties have executed and delivered this Amendment to the Agreement
effective as of the date first above written. 
  

			
	 COMPANY:
  

FORBES ENERGY SERVICES LTD.

		
	By:	 	/s/ L. Melvin Cooper
		 	     L. Melvin Cooper, Chief Financial Officer
	
	 RIGHTS AGENT:
  

CIBC MELLON TRUST COMPANY

		
	By:	 	/s/ Donald Santini
		 	     Donald Santini, Manager
		
	By:	 	/s/ Donald Santini
		 	     Mike McLeod, Regional Vice President West



  
 - 2 -
97-426.

#### State v. Williams.

Summit App. No. 17598. On motion for leave to file delayed appeal. Motion granted.

Douglas, Resnick and F.E. Sweeney, JJ., dissent.
[982 NE2d 88, 958 NYS2d 325]

#### In the Matter of Peter Principe, Respondent, v New York City Department of Education, Appellant.

Decided December 13, 2012

*964APPEARANCES OF COUNSEL

*Michael A. Cardozo, Corporation Counsel,*New York City *(Julian L. Kalkstein*of counsel), for appellant.

*Lichten & Bright, PC,*New York City *(Stuart Lichten*of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division correctly determined that the penalty of termination imposed on petitioner was excessive in light of all the circumstances *(see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County,*34 NY2d 222, 233 [1974]).

Concur: Chief Judge Lippman and Judges Cipakick, Graffeo, Read and Pigott. Judge Smith dissents and votes to reverse for the reason that it cannot be concluded, as a matter of law, that the penalty of termination shocks the judicial conscience *(see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County,*34 NY2d 222, 233 [1974]).
Exhibit 10(y)

AMENDMENT TO THE BANK OF NEW YORK COMPANY, INC.

EXCESS CONTRIBUTION PLAN

WHEREAS, The Bank of New York Company, Inc. Excess Contribution Plan (the Excess Contribution Plan) was amended and restated,
effective as of July 10, 1990 and further amended effective as of November 1, 1995 and November 22, 2002; and

WHEREAS, Section 19
of the Excess Contribution Plan provides that the Compensation and Organization Committee of the Board of Directors of The Bank of New York Company, Inc. (the Committee) may amend the Excess Contribution Plan at any time; except in
certain respects not material hereto; and

WHEREAS, effective for the 2006 compensation year, management has recommended that the
Committee amend the Plan to exclude from payment under Part II thereof any amount with respect to commission income earned by BNY Capital Markets, Inc. employees; and

WHEREAS,the Committee desired to amend the Excess Contribution Plan as so recommended by management; and

NOW, THEREFORE, the Excess Contribution Plan is hereby amended, effective as of October 9, 2006, as follows:

1. Part II,
Section 12 of the Plan shall be amended to add the following sentence at the end thereof:

Further, no amount shall be payable under
the Plan to any Participant employed by BNY Capital Markets, Inc. with respect to commission income earned by such Participant.

2.
All references to the Employees Profit-Sharing Plan of The Bank of New York Company, Inc. and the Profit-Sharing Plan as so defined in the Excess Contribution Plan shall instead become references to the Employees
Savings & Investment Plan of The Bank of New York Company, Inc. and the ESIP, respectively. Additionally, all references to the Companys Profit-Sharing Contribution shall instead become references to the
Companys Core Contribution and the reference in Section 2(2) of the Profit-Sharing Plan in the last sentence of Part I, Section 3(a) should instead become a reference to Section 2(4) of the ESIP.

IN WITNESS WHEREOF, The Bank of New York Company, Inc. has caused this Amendment to the Excess Contribution Plan to be executed by its duly
authorized officers this 15th day of December, 2006.



/s/    Thomas A. RenyiThomas A. Renyi




|                         
|-------------------------
|ATTEST:                  
|                         
|/s/    Patricia A. Bicket
|Patricia A. Bicket
' ,dl,j- A, Z * 9; ,,>'?-- .,- "" < , ""4 ;r;,',i-F.'--,? -='Cc ffr: I;: ;&-xs yf ;-, I '... " .? .I. , . .,.,. I , - '. , - ," +- , < . % . .,, ,* , . m 2%
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          36,883
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                          24,384
<INVESTMENTS-MARKET>                            24,398
<LOANS>                                        186,088
<ALLOWANCE>                                      2,225
<TOTAL-ASSETS>                                 253,166
<DEPOSITS>                                     226,659
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                              3,028
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,049
<OTHER-SE>                                      22,430
<TOTAL-LIABILITIES-AND-EQUITY>                 253,166
<INTEREST-LOAN>                                  4,554
<INTEREST-INVEST>                                  377
<INTEREST-OTHER>                                    75
<INTEREST-TOTAL>                                 5,006
<INTEREST-DEPOSIT>                               1,151
<INTEREST-EXPENSE>                               1,186
<INTEREST-INCOME-NET>                            3,820
<LOAN-LOSSES>                                      414
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  2,916
<INCOME-PRETAX>                                  1,155
<INCOME-PRE-EXTRAORDINARY>                       1,155
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       837
<EPS-BASIC>                                       0.40
<EPS-DILUTED>                                     0.36
<YIELD-ACTUAL>                                    0.07
<LOANS-NON>                                      1,643
<LOANS-PAST>                                        15
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                    950
<ALLOWANCE-OPEN>                                  1978
<CHARGE-OFFS>                                      245
<RECOVERIES>                                        78
<ALLOWANCE-CLOSE>                                2,225
<ALLOWANCE-DOMESTIC>                             2,225
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            520


</TABLE>
Exhibit 31.1



CERTIFICATION



I, Anthony B. Johnston, certify that:





| | 1. | I have reviewed this Annual Report on Form 10-K/A of American Locker Group Incorporated;
| | -- | ----------------------------------------------------------------------------------------





| | 2. | Based on my knowledge, this report does 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 this report;
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------





| | 3. | Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------





|                       |  |  |  |     |  |                                                
|---------------------- |  |  |  | --- |  | -----------------------------------------------
|Date: October 11, 2013 |  |  |  | By: |  | /S/ ANTHONYB. JOHNSTON                         
|                       |  |  |  |     |  | Anthony B. Johnston                            
|                       |  |  |  |     |  | Chairman, President and Chief Executive Officer
|                       |  |  |  |     |  | (Principal Executive Officer)
Exhibit 10.(b)

 

Consent of Independent Registered Public Accounting Firm

 

We hereby consent to the use in this Registration Statement on Form N-4 (File No. 333-179963) of our report dated April 19, 2013, relating to the statutory financial statements and financial statement schedules of Protective Life and Annuity Insurance Company (prepared using accounting practices prescribed or permitted by the Insurance Department of the State of Alabama), which appears in such Registration Statement.  We also consent to the use in this Registration Statement on Form N-4 (File No.333-179963) of our report dated April 23, 2013, relating to the financial statements of Variable Annuity Account A of Protective Life, which appears in such Registration Statement.  We also consent to the reference to us under the heading “Experts” in such Registration Statement.

 

 

/s/PricewaterhouseCoopers LLP

 

PricewaterhouseCoopers LLP

Birmingham, Alabama

July 11, 2013
See TEX. R. APP. P. 47.4. 1

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-08-081-CV

IN RE ROBERT GENE CUNNINGHAM, RELATOR

INDIVIDUALLY AND AS REPRESENTATIVE 

OF THE ESTATE OF PATRICIA MAUDINE 

CUNNINGHAM, DECEASED

------------

ORIGINAL PROCEEDING

------------

MEMORANDUM OPINION1

------------

The court has considered relator’s petition for writ of mandamus and is

of the opinion that relief should be denied. Accordingly, relator’s petition for

writ of mandamus is denied. Further, real party in interest’s “Motion For

Sanctions” is denied.

Relator shall pay all costs of this original proceeding, for which let

execution issue.

PER CURIAM

PANEL B: DAUPHINOT, HOLMAN, and GARDNER, JJ. 

DELIVERED: March 12, 2008
II 

111TH CONGRESS 

2D SESSION S. 3282 

To amend the Internal Revenue Code of 1986 to extend the work opportunity 

tax credit for employers of certain veterans. 

IN THE SENATE OF THE UNITED STATES 

APRIL 29, 2010 

Mr. SPECTER introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to extend 

the work opportunity tax credit for employers of certain 

veterans. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXTENSION OF WORK OPPORTUNITY CREDIT 

4 FOR UNEMPLOYED VETERANS. 

5 (a) IN GENERAL.—Paragraph (14) of section 51(d) 

6 of the Internal Revenue Code of 1986 is amended— 

7 (1) by striking ‘‘HIRED IN 2009 OR 2010’’ in the 

8 heading, 

9 (2) by striking ‘‘who begins work for the em10 ployer during 2009 or 2010’’ in subparagraph (A), 


jlentini on DSKJ8SOYB1PROD with BILLS
2 

•S 3282 IS

1 (3) by inserting ‘‘who begins work for the em2 ployer during 2009, 2010, 2011, or 2012, and’’ after 

3 ‘‘without regard to clause (ii) thereof)’’ in subpara4 graph (B)(i), and 

5 (4) by inserting ‘‘who begins work for the em6 ployer during 2009 or 2010 and’’ after ‘‘any indi7 vidual’’ in subparagraph (B)(ii). 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to individuals whose hiring date 

10 (as defined in section 51(d)(11) of the Internal Revenue 

11 Code of 1986) is after December 31, 2010. 

Æ 


jlentini on DSKJ8SOYB1PROD with BILLS
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.                  

###### Nuclear Regulatory Commission

          - [Docket Nos. 52-012-COL and 52-013-COL; ASLBP No. 09-885-08-COL-BD01]

*Before the Licensing Board:*                     Michael M. Gibson, Chairman; Gary S. Arnold; Randall J. Charbeneau.                

Oral argument will be heard on standing and contention admissibility issues presented with regard to a hearing request received in this proceeding, which involves the application of South Texas Project Nuclear Operating Company for a combined operating license of its planned construction and operation of two Advanced Boiling Water Reactors it has designated as Units 3 and 4.

The participants are advised of the following information regarding the schedule for the initial prehearing conference in this proceeding:

*Date:*                     Tuesday, June 23—Wednesday, June 24, 2009.                

*Starting Time:*                     9 a.m. Central Time (CT).                

*Location:*                     Bay City Civic Center, Main Hall Room 100, 201 7th St., Bay City, TX 77414.                

Currently, the Board anticipates that this conference should last no more than two days. The Board will issue a separate order in the near future providing more information on issues it wishes the participants to address during the conference as well as details on a site visit.

*It is so ordered.*

Rockville, Maryland. June 04, 2009.

For the Atomic Safety and Licensing Board.

Michael M. Gibson,

Chairman.

[FR Doc. E9-13574 Filed 6-9-09; 8:45 am]

BILLING CODE 7590-01-P
State of New York

Court of Appeals This memorandum is uncorrected and subject to 

revision before publication in the New York Reports.

No. 46 SSM 6

Dawn Stefaniak,

 Plaintiff,

 v.

NFN Zulkharnain,

 Appellant.

Roberta L. Reedy, as 

Administrator of the Estate of 

Kevin M. Reedy, Deceased,

 Respondent.

Submitted by Michael A. Rosenhouse, for appellant.

Respondent precluded. 

On review of submissions pursuant to section 500.11 of the Rules, February 2020 order of 

the Appellate Division insofar as appealed from and July 2014 order of the same court 

insofar as brought up for review, reversed, with costs, and motion for an award of attorney's 

fees against defendant denied. Under the circumstances here, the attorney's motion to be 

appointed, nunc pro tunc, pursuant to 22 NYCRR 36.2 (b) (2), should have been denied 

(see generally Gletzer v Harris, 12 NY3d 468, 476 [2009]). Chief Judge DiFiore and 

Judges Rivera, Stein, Garcia and Wilson concur. Judge Fahey took no part.

Decided April 29, 2021
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-7519
ERNEST A. MARTIN, Plaintiff - Appellant, versus JAMES KEELING, Assistant Warden of Programs; EDDIE L. PEARSON; JAMES A. SMITH; R. ROBINSON; P. MELVIN; J. FRANKLIN; J. PENZA; T. JONES; M. SHURTS; J. GUTHRIE; J. AMISON, Defendants - Appellees.Appeal from the United States District Court for the Eastern District of Vi rginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CA-97-215-AM, CA-97-338-AM, CA-97-400-AM) Submitted: March 31, 1998 Decided: April 20, 1998 Before LUTTIG and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Ernest A. Martin, Appellant Pro Se. Pamela Anne Sargent, Assistant Attorney General, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying relief on his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Martin v. Keeling , Nos. CA-97-215-AM; CA-97-338-AM; CA-97- 400-AM (E.D. Va. Sept. 12, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Electronically Filed Intermediate Court of Appeals CAAP-13-0003755 22-OCT-2014 08:43 AM
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

NAI CHING SAELEE, 

Defendant-Appellant.

No. 21-30194 

D.C. No. 

3:04-cr-00125-RRB-MMS-1 

MEMORANDUM*

Appeal from the United States District Court

for the District of Alaska

Ralph R. Beistline, District Judge, Presiding

Submitted January 19, 2022**

Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges. 

Nai Ching Saelee appeals from the district court’s judgment and challenges 

the 6-month sentence imposed upon revocation of supervised release. We have 

jurisdiction under 28 U.S.C. § 1291, and we affirm.

Saelee contends that the district court impermissibly imposed the sentence to 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JAN 27 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 21-30194 

punish him for his violation conduct. We review for plain error, see United States 

v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and conclude that 

there is none. Though the court commented that Saelee would “pay the price” for 

his “inappropriate conduct,” the record as a whole reflects that the court imposed 

the sentence primarily to sanction Saelee’s repeated breaches of the court’s trust 

and in light of the court’s concerns regarding recidivism. See United States v. 

Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007) (primary purpose of a revocation 

sentence is to sanction the defendant’s breach of the court’s trust but the court can 

also consider the seriousness of the violation conduct as part of its review of the 

defendant’s criminal history and propensity for recidivism).

AFFIRMED.
<PAGE>

                         REXX Environmental Corporation
               (Formerly known as Oak Hill Sportswear Corporation)

           Amendments to Non-Qualified Stock Option Plan (the "Plan")
                Adopted by the Shareholders on February 17, 1998


         (1) The first sentence of Section 2 of the Plan is amended to read as
follows:

             The number of shares which may be issued pursuant to option granted
             under the Plan shall not exceed 449,250 shares of the Company's
             common stock, par value $.02 ("Common Stock").

         (2) The last sentence of Section 2 of the Plan is amended to read as
follows:

             The maximum number of shares in respect to which options may be
             granted under the Plan to any particular person participating in
             the Plan shall be 150,000 shares.

         (3) The first sentence of Section 1 of the Plan is amended to read as
follows:

             1. Purpose. The purposes of this Non-Qualified Stock Option Plan
             (the "Plan") are to provide a continuing incentive to officers,
             directors and selected employees of Oak Hill Sportswear
             Corporation, a New York corporation (the "Company"), and of any
             parent or subsidiary of the Company, and an incentive to selected
             employees of any business which the Company acquires or in which it
             acquires any interest as an incentive to continue in its employ, by
             the grant of non-qualified, non-incentive stock options ("options")
             under the Plan.



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