alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Second Amendment to EFH Second Supplemental Retirement Plan, dated April 9, 2010



 Exhibit 10(l) 
 SECOND AMENDMENT TO EFH SECOND SUPPLEMENTAL RETIREMENT PLAN 
 Pursuant to
the authority of the Board of Directors of Energy Future Holdings Corp., and the provisions of Section 5.1 thereof, the EFH Second Supplemental Retirement Plan (“Plan”), as amended and restated as of October 10, 2007, is hereby
amended in the following respects only, effective as of January 1, 2010. 
  

	 	(1)	Section 2.9 of the Plan is hereby amended in its entirety to read as follows: 


“2.9 “Participant” shall mean each person who is entitled to receive a benefit on or after January 1,
1983, under the Retirement Plan and whose Retirement Benefit is less than his Adjusted Retirement Benefit, but excluding any Participant who is eligible to receive benefits under (1) the Retirement Income Restoration Plan of ENSERCH Corporation
and Participating Subsidiary Companies or (2) the Oncor Supplemental Retirement Plan, to the extent of any benefit attributable to service with Oncor Electric Delivery Company LLC.” 

 

	 	(2)	Section 2.10 of the Plan is hereby amended in its entirety to read as follows: 


“2.10 “Participating Employer” shall mean the Company or any Affiliated Entity which has been approved for
participation in, and which has adopted, the Plan. “Participating Employers” shall be used to refer to such entities jointly or severally. Effective as of January 1, 2010, Oncor Electric Delivery Company LLC shall no longer be a
Participating Employer in this Plan.” 
  

	 	(3)	Section 2.19 of the Plan is hereby amended by adding the following sentences to the end of existing Section 2.19: 


“Notwithstanding the foregoing, the Supplemental Retirement Benefit shall not include any amount attributable to
service with Oncor Electric Delivery Company LLC, as determined by the actuary, which benefit shall be provided under the Oncor Supplemental Retirement Plan. In no event shall a Participant’s total Benefit under this Plan and the Oncor
Supplemental Retirement Plan exceed the Benefit such Participant would be entitled to receive under this Plan, if such Participant’s service with Oncor Electric Delivery Company LLC were taken into account under this Plan.” 







 IN WITNESS WHEREOF, and as conclusive evidence of the adoption of the
foregoing instrument Amendment to the EFH Second Supplemental Retirement Plan, the Board of Directors of Energy Future Holdings Corp. has caused these presents to be duly executed in the name and on the behalf of Energy Future Holdings Corp., by an
authorized officer thereof, thereunto duly authorized this 9th day of April, 2010. 
  

	
	ENERGY FUTURE HOLDINGS CORP.
	
	 /s/    PAUL KEGLEVIC

	Paul Keglevic,
	Executive Vice President &
	Chief Financial Officer
	
	REVIEWED & APPROVED
	
	  

	Richard Landy,
	Executive Vice President, Human Resources
	
	  

	Russell Graves,
	Director, Total Rewards
II 

Calendar No. 342 

112TH CONGRESS 

2D SESSION H. R. 2682 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2012 

Received; read the first time 

MARCH 28, 2012 

Read the second time and placed on the calendar 

AN ACT 

To provide end user exemptions from certain provisions of 

the Commodity Exchange Act and the Securities Exchange Act of 1934, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Business Risk Mitiga5 tion and Price Stabilization Act of 2012’’. 

6 SEC. 2. MARGIN REQUIREMENTS. 

7 (a) COMMODITY EXCHANGE ACT AMENDMENT.— 

8 Section 4s(e) of the Commodity Exchange Act (7 U.S.C. 

9 6s(e)), as added by section 731 of the Dodd-Frank Wall 


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2 

HR 2682 PCS 

1 Street Reform and Consumer Protection Act, is amended 

2 by adding at the end the following new paragraph: 

3 ‘‘(4) APPLICABILITY WITH RESPECT TO

4 COUNTERPARTIES.—The requirements of paragraphs 

5 (2)(A)(ii) and (2)(B)(ii) shall not apply to a swap in 

6 which a counterparty qualifies for an exception 

7 under section 2(h)(7)(A) or satisfies the criteria in 

8 section 2(h)(7)(D).’’. 

9 (b) SECURITIES EXCHANGE ACT AMENDMENT.— 

10 Section 15F(e) of the Securities Exchange Act of 1934 

11 (15 U.S.C. 78o–10(e)), as added by section 764(a) of the 

12 Dodd-Frank Wall Street Reform and Consumer Protec13 tion Act, is amended by adding at the end the following 

14 new paragraph: 

15 ‘‘(4) APPLICABILITY WITH RESPECT TO

16 COUNTERPARTIES.—The requirements of paragraphs 

17 (2)(A)(ii) and (2)(B)(ii) shall not apply to a secu18 rity-based swap in which a counterparty qualifies for 

19 an exception under section 3C(g)(1) or satisfies the 

20 criteria in section 3C(g)(4).’’. 

21 SEC. 3. IMPLEMENTATION. 

22 The amendments made by this Act to the Commodity 

23 Exchange Act shall be implemented— 

24 (1) without regard to— 


rfrederick on DSK5VPTVN1PROD with BILLS
3 

HR 2682 PCS 

1 (A) chapter 35 of title 44, United States 

2 Code; and 

3 (B) the notice and comment provisions of 

4 section 553 of title 5, United States Code; 

5 (2) through the promulgation of an interim 

6 final rule, pursuant to which public comment will be 

7 sought before a final rule is issued; and 

8 (3) such that paragraph (1) shall apply solely 

9 to changes to rules and regulations, or proposed 

10 rules and regulations, that are limited to and di11 rectly a consequence of such amendments. 

Passed the House of Representatives March 26, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


rfrederick on DSK5VPTVN1PROD with BILLS
Calendar No. 342 

112TH CONGRESS 

2D SESSION H. R. 2682 

AN ACT 

To provide end user exemptions from certain provipurposes. Securities Exchange Act of 1934, and for other sions of the Commodity Exchange Act and the 

MARCH 28, 2012 

Read the second time and placed on the calendar 


rfrederick on DSK5VPTVN1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
                              OBJECT DESIGN, INC.                   Exhibit 27.1
                            Financial Data Schedule


THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL  STATEMENTS  INCLUDED IN THE FORM 10-Q FOR THE QUARTER ENDED SEPTEMBER
30,  1999 AND IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO SUCH  FINANCIAL
STATEMENTS.

</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   SEP-30-1999
<CASH>                                               9,860
<SECURITIES>                                         6,443
<RECEIVABLES>                                       15,468
<ALLOWANCES>                                         1,158
<INVENTORY>                                              0
<CURRENT-ASSETS>                                    31,933
<PP&E>                                              13,469
<DEPRECIATION>                                       8,864
<TOTAL-ASSETS>                                      45,046
<CURRENT-LIABILITIES>                               16,709
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                28
<OTHER-SE>                                          28,309
<TOTAL-LIABILITY-AND-EQUITY>                        45,046
<SALES>                                             25,858
<TOTAL-REVENUES>                                    43,399
<CGS>                                                1,899
<TOTAL-COSTS>                                       11,124
<OTHER-EXPENSES>                                    39,913
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                     (6,793)
<INCOME-TAX>                                            43
<INCOME-CONTINUING>                                 (6,836)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        (6,836)
<EPS-BASIC>                                        (0.24)
<EPS-DILUTED>                                        (0.24)



</TABLE>
EXHIBIT 32.2
 
 STATEMENT REQUIRED BY 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT
 TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 
 In connection with the Quarterly Report of China Education Technology, Inc. (the "Company") on Form 10-Q for the three and nine months ended September 30, 2010 as filed with the Securities and Exchange Commission (the "Report"), the undersigned, in the capacities and on the dates indicated below, hereby certifies 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; and2.
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
 
 
 /s/ Liena Fu
 Liena Fu
 Chief Financial Officer, Controller
 
 November 18, 2010
exv4w1






Exhibit 4.1








	NOT VALID UNLESS COUNTERSIGNED BY TRANSFER AGENT
CORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE
Magnum Hunter Resources Corporation
CUSIP No. 559738 10 2
Is the Record Holder of
Share of MAGNUM HUNTER RESOURCES CORPORATION Common Stock
transferable on the books of the Corporation by the holder hereof, in person or by duly
authorized attorney, upon surrender of this Certificate properly endorsed. The certificate is not
valid until countersigned by the Transfer Agent and registered by the Registrar.
Witness the facsimile seal of the Corporation and the facsimile signatures of its duly authorized
officers.
Dated:
SECRETARY CHAIRMAN
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A19A0094 & A19A0095. TRAVIS JOHNSON v. THE STATE.

Travis Johnson pleaded guilty to several offenses, including armed robbery,

robbery, and possession of a firearmduring the commission of a crime in case number

2009-CR-214 and theft by taking in case number 2012-CR-59. He has subsequently

filed numerous motions alleging that his sentences are void. The trial court has

resolved all of those motions in favor of the State, and we have rejected Johnson’s

attemptsto challenge the trial court’srulings. See Case Nos. A17A0279, A17A0601,

A17A0876, A17A1700, and A18D0547. Johnson has now filed, in each of the

above-referenced criminal cases, a “Motion to Nullify Indictment for Lack of

Jurisdiction.” The trial court dismissed the motions, and Johnson filed these appeals.

A post-conviction motion seeking to vacate an allegedly void conviction is not

a valid procedure in a criminal case, and any appeal from the denial or dismissal of

such a motion must be dismissed. See Williams v. State, 287 Ga. 192, 192 (695 SE2d

244) (2010); Roberts v. State, 286 Ga. 532, 532 (690 SE2d 150) (2010). A direct

appeal may lie from the denial of a motion to correct a void sentence if the defendant

raises a colorable claim that the sentence is void. See Burg v. State, 297 Ga. App.

118, 119 (676 SE2d 465) (2009). “Motions to vacate a void sentence generally are

limited to claimsthat – even assuming the existence and validity of the conviction for

which the sentence was imposed – the law does not authorize that sentence, most

typically because it exceeds the most severe punishment for which the applicable

penal statute provides.” von Thomas v. State, 293 Ga. 569, 572 (2) (748 SE2d 446)

(2013).

Here, Johnson’s motions do not allege that his sentences exceed the maximum

October 22, 2018
allowed by law. Instead, Johnson alleges that the trial court lacked jurisdiction to

enter his convictions. This is not a valid void-sentence argument. Accordingly,

Johnson’s appeals are hereby DISMISSED.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

10/22/2018
CIRCUIT COURT OF THE CITY OF WINCHESTER

#### James P. Mitcham et al. v. City of Winchester

November 20, 2003

Case No. (Law) 03-144

By Judge John E. Wetsel, Jr.

This case came before the Court on November 20, 2003, on the City’s Plea of Sovereign Immunity to an action for negligent design and maintenance of the storm water control system in an area of the city. Travis J. Tisinger, Esquire, appeared for the Plaintiffs, and Robert T. Mitchell, Jr., Esquire, appeared for the Defendant.

I. *Statement of Material Facts*

The following facts are not disputed. The plaintiffs own real property in the City of Winchester. The plaintiffs allege that the City is negligent and that “the City has increased and allowed others to increase the flow of storm, ground, and rain water into the Meadow Branch Section One Subdivision to permit the flow and runoff of said water without adequate sewers and culverts to maintain an adequate flow flee from backup and flooding.” Motion for Judgment, par. 4.

II. *Conclusions of Law*

Under the doctrine of sovereign immunity, a municipality is immune from liability for negligence in the exercise of its governmental functions. *Harrell*v. *City of Norfolk,*265 Va. 500, 578 S.E.2d 756 (2003). The design and operation of a municipal storm drainage system is a governmental function. Virginia Code § 15.2-970, specifically provides:

> *428Any locality may construct *a...*structure or device... hereinafter referred to as “works,” the purpose of which is to prevent... flooding ... of such locality, or part thereof. The design, construction, performance, maintenance, and operation of any of such works is hereby declared to be a proper governmental function for a public purpose.

> No person ... shall bring any action ... against any locality because of, or rising out of, the design, maintenance, performance, operation, or existence of such works....

The Courts which have considered this issue have all decided that the design and operation of a municipal storm drainage system is a government function protected by the mantle of sovereign immunity. *See Continental Casualty Co.*v. *Town of Blacksburg,*846 F. Supp. 483 (W.D. Va. 1993); *Carter*v. *City of Norfolk,*54 Va. Cir. 195 (2000); and *Brizendine*v. *City of Roanoke,*43 Va. Cir. 353 (1997).

El. *Decision*

For the foregoing reasons, it is adjudged and ordered that the Defendant City’s Plea of Sovereign Immunity is sustained, and this action is dismissed with prejudice.
mobi_ex104.htm


EXHIBIT 10.4


 


 


AMENDMENT TO ROYALTY RIGHTS AGREEMENT


 


This Amendment amends that certain Royalty Rights Agreement (“Agreement”) made and entered into this first day of June 2010, by and between Moving Box Entertainment, LLC, its successors and assigns, a North Carolina limited liability company of 222 East Jones Avenue, Wake Forest, North Carolina 27587 (“Moving Box”), and Garrett, LLC, its successors and assigns, a Kentucky limited liability company of 163 Kentucky Ave, Lexington, Ky 40502, Ian McKinnon, #2302, 4801 Bonita Bay Boulevard, Bonita Springs, Florida 34134, and Brad Miller, PO Box 487, Hamilton, Indiana 47642 (Garrett, LLC, Ian McKinnon, and Brad Miller are hereinafter collectively referred to as “Investors”).







Moving Box and the Investors agree that notwithstanding any provision of the Agreement to the contrary, following distribution to Investors under Section 2.2, no funds shall be distributed to Investors, and Investors waive their rights to any distributions, until Moving Box shall have distributed up to its parent Moving Box, Inc. an amount equal to all funds necessary to repay in full any funds loaned or advanced to Moving Box, Inc. by its president Andreas Wilcken Jr., including but not limited to that certain promissory note from Moving Box, Inc. to Andreas Wilcken, Jr. in the amount of $110,200, in accordance with the terms of that note, and any funds advanced by Andreas Wilcken, Jr. to fund operations of Moving Box, Inc.







Moving Box and the Investors further agree that no distributions shall be made to Investors under Section 2.2 or any other provision of this Agreement until Moving Box shall have shall have distributed up to its parent Moving Box, Inc. an amount equal to all funds necessary to fund operating expenses of Moving Box, Inc. on an on-going basis.







This Amendment to Agreement has been executed by the parties either individually or by and through their duly-authorized officers, owners or agents as of January 13, 2011.


 



	  	 	
MOVING BOX ENTERTAINMENT,LLC

	 
	  	By:  	
/s/ Andreas Wilcken

	 
	  	Title: 	
Principal

	 





 




	 	 	INVESTORS:	 
	 	 	 	 
	 	 	GARRETT, LLC	 
	 	 	 	 
	
 

	
By: 

	/s/ Cory Heitz, Principal	 
	 	 	 	 
	 	 	/s/ Ian Mckinnon	 
	 	 	 	 
	 	 	/s/ Brad Miller
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS TWELVE MONTHS YEAR-TO-DATE SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM AMERICAN BIOGENETIC SCIENCES, INC. 1999 10-K FOR THE YEAR ENDED
DECEMBER 31, 1999.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          93,000
<SECURITIES>                                         0
<RECEIVABLES>                                  211,000
<ALLOWANCES>                                         0
<INVENTORY>                                    511,000
<CURRENT-ASSETS>                                76,000
<PP&E>                                       2,316,000
<DEPRECIATION>                               1,840,000
<TOTAL-ASSETS>                               3,938,000
<CURRENT-LIABILITIES>                        2,327,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        40,000
<OTHER-SE>                                   1,538,000
<TOTAL-LIABILITY-AND-EQUITY>                 3,938,000
<SALES>                                      1,361,000
<TOTAL-REVENUES>                             1,443,000
<CGS>                                          598,000
<TOTAL-COSTS>                                  598,000
<OTHER-EXPENSES>                             1,725,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              16,000
<INCOME-PRETAX>                            (5,351,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (5,351,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,351,000)
<EPS-BASIC>                                      (.14)
<EPS-DILUTED>                                    (.14)


</TABLE>
I 

112TH CONGRESS 

1ST SESSION H. R. 2777 

To authorize and request the President to award the Medal of Honor posthumously to Private First Class William P. Fesken of the United States 

Army for acts of valor during the Vietnam War. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 1, 2011 

Mr. SIRES introduced the following bill; which was referred to the Committee 

on Armed Services 

A BILL 

To authorize and request the President to award the Medal 

of Honor posthumously to Private First Class William 

P. Fesken of the United States Army for acts of valor 

during the Vietnam War. 

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

3 SECTION 1. AUTHORIZATION AND REQUEST FOR AWARD 

4 OF MEDAL OF HONOR TO WILLIAM P. FESKEN 

5 FOR ACTS OF VALOR DURING THE VIETNAM 

6 WAR. 

7 (a) AUTHORIZATION.—Notwithstanding the time lim8 itations specified in section 3744 of title 10, United States 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 2777 IH

1 Code, or any other time limitation with respect to the 

2 awarding of certain medals to persons who served in the 

3 Armed Forces, the President is authorized and requested 

4 to award the Medal of Honor posthumously under section 

5 3741 of such title to former Private First Class William 

6 P. Fesken of the United States Army for the acts of valor 

7 during the Vietnam War described in subsection (b). 

8 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

9 referred to in subsection (a) are the actions of then Pri10 vate First Class William P. Fesken who, while serving 

11 with Company A, 3d Battalion, 47th Infantry, 9th Infan12 try Division, distinguished himself conspicuously by gal13 lantry and intrepidity at the risk of his life above and be14 yond the call of duty on May 2, 1967, while protecting 

15 wounded members of his squad during repeated attacks 

16 by a Viet Cong force until his death on that date. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
<PAGE>   1
                                                                   Exhibit 10.20


    Schedule of Recipients of Executive Separation Agreements as of May 28, 1998


1.    Joseph Barbieri
2.    Gregory Coler
3.    Larry Dannenberg
4.    Stephen Davidson
5.    Joseph Friedman
6.    Ann Fuelberg
7.    James Harrington
8.    James Herbert
9.    Thomas C. Law
10.   Michelle McBride
11.   William Middlebrook
12.   Vino Mody
13.   Steven Nowick
14.   Vasant Pai
15.   Johnny Phelps
16.   Thomas Sauser


                                     120