alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.42G


 


CLEAN
HARBORS, INC.


 


AMENDMENT
DATED MARCH 9, 2009 TO 

2000 STOCK INCENTIVE PLAN,

AS AMENDED FEBRUARY 21, 2007


 


WHEREAS, the Board of Directors
and shareholders of Clean Harbors, Inc. (the “Company”) have previously
approved the Clean Harbors, Inc. 2000 Stock Incentive Plan, as amended February 21,
2007 (the “Plan”; with other capitalized terms used herein having their
respective meanings set forth in the Plan);


 


WHEREAS, Section 7(a) of
the Plan provides that, commencing with the Company’s 2002 annual meeting, on
the date upon which a Non-Employee Director is first elected (or is
subsequently re-elected) a member of the Company’s Board of Directors while the
Plan is in effect, he or she shall automatically receive a Non-Discretionary
Option to purchase that number of shares of Common Stock determined by
multiplying 1,000 by the number of years or portion thereof for which such
Director shall be elected to serve and rounding the result to the nearest whole
number;


 


WHEREAS, the Board of Directors
of the Company has determined that it is no longer in the best interests of the
Company and its shareholders that Non-Employee Directors continue to
automatically receive such Non-Discretionary Options upon their election or
re-election as Directors, but rather that all Awards granted to Non-Employee
Directors under the Plan shall be subject to the other provisions of the Plan;
and


 


WHEREAS, acting under Section 10
of the Plan, the Board of Directors of the Company has authority (without
further action by the shareholders) to amend the provisions of Section 7(a) of
the Plan in order to remove the provision providing for the automatic issuance
to Non-Employees Directors of Non-Discretionary Options:


 


NOW, THEREFORE, the Board of
Directors of the Company does hereby amend the Plan effective as of March 9,
2009 as follows:


 


1.  Section 7(a) of the Plan is amended
by adding the following sentence at the end of such Section:


 


“Notwithstanding
the foregoing provisions of this Section 7(a), commencing with the Company’s
2009 annual meeting, no further Non-Discretionary Options shall be
automatically issued to Non-Employee Directors elected (or re-elected) to the
Board; provided, however, that such change shall not affect in any respect
outstanding Non-Discretionary Options previously issued under the Plan or other
Awards which were previously or may hereafter be granted to Non-Employee
Directors in accordance with the Plan.”


 


2.  Except as provided above, the terms and
conditions of the Plan as now in effect shall continue in full force and
effect.
J-S69037-19 & J-S69038-19

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

BAIHEEM GRESHAN 

Appellant

:

:

:

:

:

:

:

:

:

 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 328 EDA 2019

Appeal from the PCRA Order Entered January 14, 2019

In the Court of Common Pleas of Philadelphia County Criminal Division at 

No(s): CP-51-CR-0002458-2012

COMMONWEALTH OF PENNSYLVANIA

v.

BAIHEEM GRESHAN 

Appellant

:

:

:

:

:

:

:

:

:

 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 331 EDA 2019

Appeal from the PCRA Order Entered January 14, 2019

In the Court of Common Pleas of Philadelphia County Criminal Division at 

No(s): CP-51-CR-0008824-2014

BEFORE: SHOGAN, J., KUNSELMAN, J., and COLINS, J.*

DISSENTING MEMORANDUM BY SHOGAN, J.: FILED JULY 31, 2020

I respectfully dissent. After careful review of the record, I agree with 

the Commonwealth’s conclusion that Appellant failed to present a challenge 

to the discretionary aspects of his sentence in his PCRA petition. 

Commonwealth’s Brief at 7. Accordingly, Appellant waived this issue, and he 

____________________________________________

* Retired Senior Judge assigned to the Superior Court.
J-S69037-19 & J-S69038-19

- 2 -

may not raise it for the first time on appeal. Pa.R.A.P. 302(a); see also

Commonwealth v. Jones, 912 A.2d 268, 278 (Pa. 2019) (issues not raised 

in the PCRA petition are waived; a claim for post-conviction relief cannot be 

raised for the first time on appeal).

The Majority relies on Commonwealth v. Reaves, 923 A.2d 1119 (Pa. 

2007), and Commonwealth v. Presley, 193 A.3d 436 (Pa. Super. 2018), in 

support of its decision to reverse the order of the PCRA court. However, in 

both Reaves and Presley, the petitioners raised issues concerning the 

discretionary aspects of their sentences in the PCRA court and preserved them 

for appeal. See Reaves, 923 A.2d at 1122 (petitioner alleged that the 

violation of probation court abused its discretion in imposing a sentence in 

excess of the Sentencing Guidelines without stating the reasons for doing so 

on the record); see also Presley, 193 A.3d at 440 (petitioner challenged the 

discretionary aspects of his sentence and alleged the sentence was harsh and 

excessive).

In the case at bar, Appellant alleged in his PCRA petition only that prior 

counsel was ineffective for “fail[ing] to attach an[] order VACATING the 

sentence ... Counsel also failed to contact the Honorable Rayford A. Means and 

either request a date for the Reconsideration Hearing or ask His Honor to Deny 

the Motion Without a Hearing.” PCRA Petition, 4/2/18, at ¶10. Appellant does 

not mention the discretionary aspects of his sentence or aver that the 

revocation court failed to provide reasons for the sentence imposed. 
J-S69037-19 & J-S69038-19

- 3 -

Therefore, I conclude that any issue Appellant has relative to the discretionary 

aspects of sentence was waived. Jones, 912 A.2d at 278. Accordingly, I 

respectfully dissent.
No. 981.

#### A. B. Frank Co. *v.*United States.

May 27, 1946.

*Theodore B. Benson*for petitioner.

*Solicitor*
      *852
      *General McGrath, Sewall Key, Helen R. Carloss*and *Elizabeth B. Davis*for the United States.

*851Petition for writ of certiorari to the Court of Claims denied.
**Exhibit      31.2**

**CERTIFICATION**

* *
* *

|                                                   |                                                                                       |                                        |
|--------------------------------------------------------|--------------------------------------------------------------------------------------------|---------------------------------------------|
|  Date:  April                  17, 2007 |                                                                                       |
|                                              |                                                                                  |                                   |
|                                                   |                                                                                       | /s/ Marvin                  S. Hausman |
|                                                   | Marvin                  S. Hausman                                                         |
|                                                   | Chief                    Executive Officer(Principal Executive                    Officer) |
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 505 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 505

    To amend the Internal Revenue Code of 1986 to extend the Health 
                          Coverage Tax Credit.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2015

Mr. Portman (for himself and Mr. Brown) 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 Health 
                          Coverage Tax Credit.

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

SECTION 1. EXTENSION OF HEALTH COVERAGE TAX CREDIT.

    (a) In General.--Subparagraph (B) of section 35(b)(1) of the 
Internal Revenue Code of 1986 is amended by striking ``January 1, 
2014'' and inserting ``January 1, 2020''.
    (b) Effective Date.--The amendment made by this section shall apply 
to coverage months beginning after December 31, 2013.
                                 <all>
```
exv10w1xcy






EXHIBIT 10.1(c)




SECOND AMENDMENT TO MANAGEMENT AGREEMENT

OF LAREDO THEATRE, LTD.




     This Amendment to Management Agreement (the “Amendment”) is effective as of December
10, 2008 (the “Effective Date”) by and between CNMK Texas Properties, L.L.C., a Texas
limited liability company, as successor in interest to Cinemark USA, Inc. (“Manager”), and
Laredo Theatre, Ltd., a Texas limited partnership (“Owner”).



RECITALS:




     A. Owner and Manager are parties to that certain Management Agreement effective as of December
10, 1993, as amended by First Amendment to Management Agreement dated December 10, 2003 (the
“Original Agreement”).



     B. The parties hereto desire to amend the Original Agreement to extend its term in accordance
with the provisions of this Amendment.



     C. Unless otherwise defined herein, all capitalized terms used herein shall have the same
meanings as in the Original Agreement unless otherwise defined herein.



     NOW, THEREFORE, BE IT RESOLVED, that in consideration of the above premises and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree as follows:



     1. Extension of Term. The parties hereto agree that Section 5(a) of the Original
Agreement is hereby amended to renew and extend the term of the Original Agreement for a period of
five (5) years from the Effective Date of this Amendment, which term will expire on December 10,
2013.



     2. Ratification. Except as hereby expressly amended, the Original Agreement shall
remain in full force and effect, and is hereby ratified and confirmed in all respects on and as of
the date hereof.



[SIGNATURE PAGE FOLLOWS]




 









 








     IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first above written.



	 	 	 	 	 
	 	CNMK TEXAS PROPERTIES, L.L.C.

 	 
	 	By:  	/s/ Michael Cavalier
 	 
	 	 	Name:  	Michael Cavalier 	 
	 	 	Title:  	Senior VP — General Counsel 	 
	 
	 	LAREDO THEATRE, LTD.

 	 
	 	By:  	CNMK TEXAS PROPERTIES, LTD.,
 	 
	 	 	its General Partner 	 
	 	 	 	 
	 	By:  	SUNNYMEAD CINEMA CORP.,
 	 
	 	 	its General Partner 	 
	 	 	 	 
	 	By:  	     /s/ Alan Stock
 	 
	 	 	Name:  	Alan W. Stock 	 
	 	 	Title:  	Chief Executive Officer 	 
	 




2
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           1,164
<SECURITIES>                                         0
<RECEIVABLES>                                   19,418
<ALLOWANCES>                                         0
<INVENTORY>                                     10,575
<CURRENT-ASSETS>                                99,707
<PP&E>                                       1,594,851
<DEPRECIATION>                                 667,163
<TOTAL-ASSETS>                               1,080,271
<CURRENT-LIABILITIES>                          108,365
<BONDS>                                        372,440
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                     453,351
<TOTAL-LIABILITY-AND-EQUITY>                 1,080,271
<SALES>                                              0
<TOTAL-REVENUES>                               287,390
<CGS>                                                0
<TOTAL-COSTS>                                  149,006
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              37,040
<INCOME-PRETAX>                                105,066
<INCOME-TAX>                                    41,030
<INCOME-CONTINUING>                             64,036
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    64,036
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
No. 1162.

#### Murphy *v.*Murphy.

June 10, 1946.

Petitioner *pro se.*

*Thomas H. Anderson*for respondent.

Petition for writ of certiorari to the Supreme Court of Florida denied.
EXHIBIT 32.1



















CERTIFICATION PURSUANT TO




18 U.S.C. § 1350,




AS ADOPTED PURSUANT TO




SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002














In connection with the Quarterly Report of IntegraMed America, Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Jay Higham, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:









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 consolidated financial condition and results of operations of the Company.










By:
/s/ Jay HighamJay Higham

Chief Executive Officer



August 6, 2010
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.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:

*Name and Committee Code:*                         Astronomy and Astrophysics Advisory Committee meeting (#13883).                    

*Date and Time:*                         September 27, 2017 9:00 a.m.-5:00 p.m. September 28, 2017 9:00 a.m.-12:00 p.m.                    

*Place:*                         National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314, Rooms E2020 and E2030.                    

*Type of Meeting:*                         Open.                    

*Contact Person:*                         Dr. Christopher Davis, Program Director, Division of Astronomical Sciences, Suite 1045, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230. Telephone: 703-292-4910.                    

*Purpose of Meeting:*                         To provide advice and recommendations to the National Science Foundation (NSF), the National Aeronautics and Space Administration (NASA) and the U.S. Department of Energy (DOE) on issues within the field of astronomy and astrophysics that are of mutual interest and concern to the agencies.                    

*Agenda:*                         To hear presentations of current programming by representatives from NSF, NASA, DOE and other agencies relevant to astronomy and astrophysics; to discuss current and potential areas of cooperation between the agencies; to formulate recommendations for continued and new areas of cooperation and mechanisms for achieving them.                    

 Dated: August 21, 2017.

Crystal Robinson,

Committee Management Officer.

[FR Doc. 2017-17930 Filed 8-23-17; 8:45 am]

 BILLING CODE 7555-01-P
No. 68.

#### Thompson *v.*United States.

May 27, 1946.

Second petition for rehearing denied.

Mr. Justice Burton took no part in the consideration or decision of this application.

326 U. S. 809.
Exhibit 31(b)**SECTION 302 CERTIFICATION**I, Richard D. Rodekohr, certify that:1. I have reviewed this Annual Report on Form 10-K of Northwest Pipeline GP; 2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to theperiod covered by this report; 3. Based on my knowledge, the financial statements, and other financial informationincluded 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 presentedin this report; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)), for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and  c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the period covered by the report that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors andthe audit committee of registrant’s board of directors (or persons performing the equivalentfunctions): a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and  b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.Date: February 29, 2008     By: /s/ Richard D. Rodekohr         Richard D. Rodekohr    Vice President and Treasurer    (Principal Financial Officer)
* Local Rule 47.5.1 provides: "The publication of opinions that

have no pre cedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that rule, the court has determined that this opinion should not be published. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________ No. 94-50264 Summary Calendar

_____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JAIME HELEDORO-RIVERA, Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Western District of Texas (USDC No. DR-94-CR-18)

_________________________________________________________________ November 28, 1995 Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM: * This is an appeal from an order denying appellant's pro se motion entitled "Modification of Sentence Under 18 U.S.C. § 3582(b)(2)", which the district court apparently treated as a motion under 28 U.S.C. § 2255. Appellant argues that his guilty plea was not knowingly and voluntarily entered, and that his counsel was ineffective. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's dismissal of the motion.

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> BD
<LEGEND>
This schedule contains summary financial information extracted from
The Ziegler Companies, Inc. and subsidiaries financial statements and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                       4,226,163
<RECEIVABLES>                                7,270,283
<SECURITIES-RESALE>                                  0<F1>
<SECURITIES-BORROWED>                                0
<INSTRUMENTS-OWNED>                         70,348,247<F2>
<PP&E>                                       6,959,937
<TOTAL-ASSETS>                             126,429,316
<SHORT-TERM>                                29,796,420<F3>
<PAYABLES>                                   7,258,588<F4>
<REPOS-SOLD>                                         0
<SECURITIES-LOANED>                                  0
<INSTRUMENTS-SOLD>                                   0
<LONG-TERM>                                 28,451,941<F5>
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,544,030
<OTHER-SE>                                  48,697,969
<TOTAL-LIABILITY-AND-EQUITY>               126,429,316
<TRADING-REVENUE>                                    0<F6>
<INTEREST-DIVIDENDS>                         3,731,837
<COMMISSIONS>                                        0<F6>
<INVESTMENT-BANKING-REVENUES>               30,642,641
<FEE-REVENUE>                                5,853,582
<INTEREST-EXPENSE>                           2,768,241
<COMPENSATION>                              21,518,372
<INCOME-PRETAX>                              5,270,141<F7>
<INCOME-PRE-EXTRAORDINARY>                   3,327,941<F7>
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,044,321<F8>
<EPS-PRIMARY>                                     1.70<F9>
<EPS-DILUTED>                                     1.68<F9>
<FN>
<F1>Short-term investments includes some securities purchased under
resale agreements.
<F2>Financial instruments includes securities inventory, investment in leases,
notes receivable and investment in and receivables from affiliates.
<F3>Includes short-term notes payable and unsecured notes payable to banks
under line of credit agreements.
<F4>Includes payable to customers, payable to broker-dealers, accounts
payable, and dividends payable.
<F5>Includes bonds payable and notes payable to banks other than line of
credit borrowings.
<F6>Revenue from investment banking activities also include revenue from
trading activities and commissions.
<F7>Includes only income from continuing operations.
<F8>Income from continuing and discontinued operations.
<F9>In response to Statement of Financial Accounting Standards #128, earnings
per share are being restated as basic EPS and diluted EPS.
</FN>


</TABLE>