alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(logo) pwc

 

 

**Report of IndependentRegistered Public Accounting Firm**

 

 

To the Board of Directors andManagement of

Prudential Asset Resources,Inc.:

 

We have examined management'sassertion, included in the accompanying Certification Regarding Compliance withApplicable Servicing Criteria, that Prudential Asset Resources, Inc. (the"Company") complied with the servicing criteria set forth in Item1122(d) of the Securities and Exchange Commission's Regulation AB for theCommercial Mortgage-Backed Security Transactions - RegAB Portfolio (the"Platform"), as of December 31, 2016 and for the year then ended,excluding criteria 1122(d)(1)(iii), 1122(d)(3)(i) (C) & (D),1122(d)(3)(ii), 1122(d)(3)(iii), 1122(d)(3)(iv), and 1122(d)(4)(xv), which theCompany has determined are not applicable to the activities performed by itwith respect to the Platform. Exhibit C to management's assertion identifiesthe individual asset-backed transactions and securities defined by managementas constituting the Platform. Management is responsible for the Company'scompliance with the servicing criteria. Our responsibility is to express anopinion on management's assertion based on our examination.

 

Our examination was conductedin accordance with attestation standards of the Public Company AccountingOversight Board (United States) and, accordingly, included examining, on a testbasis, evidence about the Company's compliance with the applicable servicingcriteria and performing such other procedures as we considered necessary in thecircumstances. Our examination included testing of selected asset-backedtransactions and securities that comprise the Platform, testing of selected servicingactivities related to the Platform, and determining whether the Companyprocessed those selected transactions and performed those selected activitiesin compliance with the applicable servicing criteria. Our procedures werelimited to the selected transactions and servicing activities performed by theCompany during the period covered by this report. Our procedures were notdesigned to detect noncompliance arising from errors that may have occurredprior to or subsequent to our tests that may have affected the balances oramounts calculated or reported by the Company during the period covered by thisreport. We believe that our examination provides a reasonable basis for ouropinion. Our examination does not provide a legal determination on the Company'scompliance with the servicing criteria.

 

In our opinion, management'sassertion that the Company complied with the aforementioned applicableservicing criteria as of and for the year ended December 31, 2016 for the Platformis fairly stated, in all material respects.

 

 

/s/ PricewaterhouseCoopers LLP

February 22, 2017

 

 

*PricewaterhouseCoopers LLP,300 Madison Avenue, New York, NY 10017*

*T: (646) 471 3000, F: (646)471 8320, www.pwc.com/us*

* *
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

QURAN S. LINDSEY-COOLEY,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 235 WAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 23rd day of October, 2018, the Petition for Allowance of Appeal is 

DENIED.
exh10_12.htm



Exhibit 10.12




 


AMENDMENT NO. 1 TO THE


HIGHWOODS PROPERTIES, INC.


AMENDED AND RESTATED EMPLOYEE STOCK PURCHASE PLAN







This Amendment No. 1 (this “Amendment”), dated as of November 30, 2010, is hereby made to the Amended and Restated Employee Stock Purchase Plan (the "Plan") of Highwoods Properties, Inc. (the “Company”).







WHEREAS, the Board has delegated to the Committee its powers with respect to administration of the Plan as permitted by Section 6 hereof; and







WHEREAS, the Committee has the power to amend the Plan without the consent of any other person so long as such amendment (1) does not materially and adversely affect any outstanding Option and (2) is not a “material revision” to the Plan as such term is defined by Section 303A.08 of the New York Stock Exchange Listed Company Manual (or any successor rule); and







WHEREAS, after having made a reasonable determination that the Amendment meets the criteria for adoption and approval without the consent of any other person, the Committee has approved and adopted this Amendment.







NOW, THEREFORE, the Plan is hereby amended as follows:







SECTION 1


DEFINED TERMS







The capitalized terms used herein shall have the meanings ascribed thereto in the Plan, except as otherwise defined or limited herein.







SECTION 2


EFFECTIVE TIME OF THE AMENDMENT







The Amendment shall become effective as of January 1, 2011.







SECTION 3


AMENDMENT OF SECTION 2(P)







Section 2(p) of the Plan is hereby amended and restated in its entirety as follows:







(p)           "Option Price" means 85% of the Fair Market Value per share of Common Stock on the applicable Exercise Date.







Except as amended by this Amendment, the Plan is hereby ratified and confirmed in all other respects and shall otherwise remain unmodified and in full force and effect.

















1
Exhibit 10.28





Exhibit 10.28




Waste Connections, Inc.




Amended and Restated

Compensation Plan for Independent Directors




This Compensation Plan for Independent Directors, as amended and restated herein, shall be
effective January 1, 2011, until changed by the Board of Directors. This Plan shall apply to
independent directors only. Directors who are employed by Waste Connections, Inc. (the “Company”)
are not entitled to receive separate compensation for participation in Board or Committee Meetings.



Independent directors shall be compensated by payment of a basic monthly retainer of $4,000
per month. Committee Chairs shall be entitled to additional compensation, to be added to their
monthly retainers, as follows:



	 	 	 	 	 
	Audit Committee Chair
	 	$625 per month
	Compensation Committee Chair
	 	$416.66 per month
	Nominating and Corporate Governance Committee Chair
	 	$208.33 per month






No additional payment shall be made with respect to attendance or participation in Board and
Committee meetings, other than payment or reimbursement of out of pocket travel expenses incurred
in connection with meetings attended in person.



All payments under this Compensation Plan shall be paid monthly on the 15th day of
each month, or as soon thereafter as administratively practicable and, in any event, prior to March
15 of the calendar year following the year in which the services with respect to such payment were
performed.



Independent directors shall be granted, at the discretion of the Board, an annual award of
restricted stock units with a targeted value of approximately $150,000 on the date of grant. The
grant shall be made in conjunction with the Company’s annual grant to officers and employees,
typically in February of each year, provided that the grant date may be changed from time to time
at the discretion of the Board. The restricted stock units will be granted pursuant to the
Company’s Third Amended and Restated 2004 Equity Incentive Plan and will vest, at the discretion of
the Board, in two equal installments on the date of grant and the first anniversary of the date of
grant. The number of restricted stock units granted may be less in future years if other types of
equity awards are issued to independent directors in conjunction with the restricted stock unit
grants.
Amendment No. 2 to Corning Incorporated Supplemental Pension Plan



 EXHIBIT 10.66 
 CORNING INCORPORATED 
 SUPPLEMENTAL PENSION PLAN 

Amendment No. 2 
 Pursuant to Section 6.1 of the Corning Incorporated Supplemental Pension Plan (“Plan”), the Supplemental Pension Committee acting upon delegation of authority from the Compensation
Committee of the Board of Directors given February 7, 2007, and October 3, 2007, hereby amends the Plan, effective December 31, 2008, as follows: 
  

	 	1.	Section 4.3 of the Plan is amended by replacing the last sentence with the following: 


“Benefit payments that would otherwise have been paid to a specified employee in the absence of the previous sentence shall be held
in suspense during the six month suspension period and paid to the specified employee in a lump sum payment within the first fifteen days of the seventh month following the specified employee’s separation from service.” 

 

	 	2.	The Section 4.4(a) is amended by adding the following sentence to the end of that Section: 


“Notwithstanding any provision to the contrary in this Section 4.4(a), all annuity options shall be actuarially equivalent to
any other annuity option.” 
  

	 	3.	Section 4.5(a) is amended by replacing the second sentence of that section with the following: 


“If an eligible Employee dies: (i) while still employed by a Participating Company; (ii) before attaining age 55; and
(iii) after becoming entitled to receive a vested benefit, the eligible Surviving Spouse of an Employee shall be entitled to a benefit under this paragraph.” 
 IN WITNESS WHEREOF, the Company has caused this Plan document to be executed by its duly authorized officer this 18th day of December, 2008. 

 

			
	CORNING INCORPORATED
		
	By:	 	/s/     John P. MacMahon
		 	John P. MacMahon
		 	Senior Vice President – Global
		 	Compensation and Benefits
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                            FEB-28-2001
<PERIOD-END>                                 MAY-31-2000
<CASH>                                             6,521
<SECURITIES>                                           0
<RECEIVABLES>                                    384,925
<ALLOWANCES>                                           0
<INVENTORY>                                            0
<CURRENT-ASSETS>                                 401,450
<PP&E>                                            96,930
<DEPRECIATION>                                    28,316
<TOTAL-ASSETS>                                   702,161
<CURRENT-LIABILITIES>                            290,007
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                          26,746
<OTHER-SE>                                     2,712,670
<TOTAL-LIABILITY-AND-EQUITY>                     702,161
<SALES>                                           18,207
<TOTAL-REVENUES>                                  18,207
<CGS>                                              4,558
<TOTAL-COSTS>                                      4,558
<OTHER-EXPENSES>                                 354,939
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                     0
<INCOME-PRETAX>                                 (340,778)
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                             (340,778)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                    (340,778)
<EPS-BASIC>                                       (0.013)
<EPS-DILUTED>                                     (0.013)


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AND CONDENSED CONSOLIDATED STATEMENTS OF
OPERATIONS OF LAMINATING TECHNOLOGIES INC. AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               DEC-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          50,247
<SECURITIES>                                 3,552,392
<RECEIVABLES>                                  115,033
<ALLOWANCES>                                         0
<INVENTORY>                                    347,514
<CURRENT-ASSETS>                             4,187,167
<PP&E>                                         196,687<F1>
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               4,383,854
<CURRENT-LIABILITIES>                          419,009
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        31,851
<OTHER-SE>                                   3,882,411
<TOTAL-LIABILITY-AND-EQUITY>                 4,383,854
<SALES>                                        282,682
<TOTAL-REVENUES>                               282,682
<CGS>                                          225,320
<TOTAL-COSTS>                                  225,320
<OTHER-EXPENSES>                             1,286,874
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,338
<INCOME-PRETAX>                             (1,042,160)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,042,160)
<EPS-PRIMARY>                                     (.38)
<EPS-DILUTED>                                     (.38)
<FN>
<F1> NET AMOUNT
</FN>
        

</TABLE>
Exhibit 32.1

**CERTIFICATION OF**

**PRINCIPAL EXECUTIVE OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO SECTION 906 OF**

**THE SARBANES-OXLEY ACT OF 2002**

 

In connection with this Annual Report on Form 10-K for the period ending December 31, 2013 of DMC Beverage Corp., the undersigned hereby certifies in his capacities as Principal Executive Officer, 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 knowledge:

 

1.

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

 

2.

the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in the Report.

 
|                                              |
|----------------------------------------------|
| Date: May 5, 2014                            |
|                                         |
| */s/ Donald G. Mack*                         |
| Donald G. Mack 

Principal Executive Officer |

The foregoing certification is furnished as an exhibit to the Report and will not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and will not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, whether made before or after the date hereof, regardless of any general incorporation language in such filing.

 Exhibit 32.2

**CERTIFICATION OF**

**PRINCIPAL FINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO SECTION 906 OF**

**THE SARBANES-OXLEY ACT OF 2002**

 

In connection with this Annual Report on Form 10-K for the period ending December 31, 2013 of DMC Beverage Corp., the undersigned hereby certifies in his capacities as Principal Financial Officer, 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 knowledge:

 

1.

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

 

2.

the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in the Report.

 
|                                               |
|-----------------------------------------------|
| Date: May 5, 2014                             |
|                                          |
| */s/ John S. Wittler*                         |
| John S. Wittler 

Principal Financial Officer |

The foregoing certification is furnished as an exhibit to the Report and will not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and will not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
#### Committee to Save St. Brigid’s Inc. et al., Appellants, v Edward Cardinal Egan et al., Respondents.

Submitted February 4, 2007;

decided February 19, 2008

On the Court’s own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal granted.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                                            <C>
<PERIOD-TYPE>                                 3-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                       4,036,660
<SECURITIES>                                         0
<RECEIVABLES>                                   48,155
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             4,136,037
<PP&E>                                         285,468
<DEPRECIATION>                               (164,199)
<TOTAL-ASSETS>                               4,505,991
<CURRENT-LIABILITIES>                          172,403
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,275
<OTHER-SE>                                   4,329,313
<TOTAL-LIABILITY-AND-EQUITY>                 4,505,991
<SALES>                                        138,985
<TOTAL-REVENUES>                               138,985
<CGS>                                                0
<TOTAL-COSTS>                                   42,211
<OTHER-EXPENSES>                               237,800
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (86,761)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (86,761)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (86,761)
<EPS-PRIMARY>                                    (.02)
<EPS-DILUTED>                                    (.02)
        

</TABLE>
#### Reginald E. JARVIS, Plaintiff—Appellant, v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant—Appellee.

No. 07-1994.

United States Court of Appeals, Fourth Circuit.

Submitted: June 19, 2008.

Decided: June 23, 2008.

Phillip R. Kete, General Counsel, AFGE Local 1923, Baltimore, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Larry D. Adams, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Reginald E. Jarvis appeals the district court’s order granting Defendant’s summary judgment motion on his race discrimination claim, brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17 (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *See Jarvis v. Astrue,*No. 1:05-cv-02950-CCB, 2007 WL 2332694 (D.Md. July 31, 2007). 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.*
#### In the Matter of Board of Education of the New Paltz Central School District, Appellant, v Michelle C. Donaldson, as Commissioner of Human Rights, et al., Respondents.

Submitted February 4, 2008;

decided March 25, 2008

Motion by the New York State School Boards Association for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
#### Norman D. Rosenberg, Appellant, v Eileen S. Sack, Also Known as Leeny Sack, Respondent.

Submitted February 11, 2008;

decided March 20, 2008

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
1 The Honorable Linda R. Reade, Chief J udge, United States District Court for the Northern District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 08-2187

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. Jemere Lamarr Frazier, * * [UNPUBLISHED] Appellant. *

___________ Submitted: February 9, 2009 Filed: March 26, 2009

___________ Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.

___________ PER CURIAM. On its own motion, the district court 1 ruled that it could not reduce Jemere Frazier’s sentence under 18 U.S.C. § 3582( c)(2) to reflect the crack cocaine amendments to the U.S. Sentencing Guidelin es. The district court found it lacked authority to reduce Frazier’s sentence because it had senten ced Frazier pursuant to the terms of a court-approved Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement. Frazier filed a timely notice of appeal.-2- On appeal, Frazier argues that his Rule 11(c)(1)(C) plea agreement does not prohibit a sentence reduction pursuant to § 3582(c)(2). Our decision today in United States v. Scurlark , No. 08–2404, is dispositive on this issue. Scurlarkaffirms that courts are bound by the sentencing terms of court-approved Rule 11(c)(1)(C) plea agreements and that courts have no aut hority under § 3582(c)(2) to alter those terms based on subsequent changes to the U.S. Se ntencing Guidelines. Thus, the district court properly concluded it had no authority to reduce Frazier’s sentence, and we affirm the district court’s judgment.

______________________________