alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
thirdamendincdirectdefcomp.htm


Nicor Inc.



Form 10-K




Exhibit 10.65




 



THIRD AMENDMENT


TO


NICOR INC.


DIRECTORS’ DEFERRED COMPENSATION PLAN







WHEREAS, NICOR Inc. (the “Company”) previously established the NICOR Inc. Directors’ Deferred Compensation Plan, as amended and restated effective as of January 1, 2008 as heretofore amended from time to time (the “Plan”); and







WHEREAS, the Company desires to amend the Plan in certain respects.







NOW THEREFORE, the Plan is hereby amended as follows:







I.      Subsection 3.4 of the Plan is deleted in its entirety and the following new Subsection 3.4 is substituted in lieu thereof:








	
  

	
“3.4

	
As an alternative to an interest equivalent, a Director may elect to have all or any portion of his or her compensation converted into share units, each reflecting a share of the Company’s common stock.  If this alternative is elected, the Director’s deferred account will be credited with an amount per share unit equal to the per share dividends and distributions paid on the Company’s common stock during the period the share unit is in the deferred account, which amount shall in turn be converted into share units.  The Director’s right to the dividend equivalent shall accrue on the date the dividend is declared.  However, the number of share units credit to a Director’s account for (i) deferred payment of retainers, meeting fees and awards made during 2008 under the Nicor Inc. Directors’ Stock Value Plan (the “Stock Value Plan”) and dividend equivalents on all deferred compensation shall be determined on the basis of the closing market composite price for the Company’s common stock as reported on the New York Stock Exchange Composite Transactions on the last trading day preceding the 









  





- 1 -    











  





	
  

	
 

	
deferred compensation or dividend payment date and (ii) deferred payment of any award made after 2008 under the Stock Value Plan shall be based on the closing market composite price for the Company’s common stock as reported on the New York Stock Exchange Composite Transactions on the applicable award date specified for that award under the Stock Value Plan.  For Separations from Service, the share units in the Director’s account shall be converted to a cash equivalent based on the arithmetic average of the closing market composite prices for the Company’s common stock as reported on the New York Stock Exchange Composite Transactions on (i) the first  trading day after the date the Director incurs a Separation from Service and (ii) each of the nineteen immediately preceding trading days.”







 




II.            This Third Amendment to the Plan shall be effective on the date approved by the Board of Directors of the Company.







III.           In all other respects, the Plan shall remain in full force and effect. 
 


 


 


 


- 2 -
##### 



Exhibit 32.1 Certification Pursuant to 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 Boykin Lodging Company (the
Company) on Form 10-Q for the quarter ended September 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Robert W. Boykin, Chairman of the Board and 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: (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 financial condition and results of operations of
the Company. /s/ Robert W. Boykin
Robert W. Boykin
Chairman of the Board and Chief Executive Officer
November 5, 2004
EXHIBIT 23.2


                        CONSENT OF DELOITTE & TOUCHE LLP



We consent to the incorporation by reference in Legato Systems, Inc.
Registration Statement Nos. 333-28405, 333-02378, 333-94306, 333-67031,
333-76923 and 333-84687 on Form S-8 and Nos. 333-64693 and 333-75581 on Form S-3
of our report on Qualix Group, Inc. dated July 24, 1997, appearing in the Annual
Report on Form 10-K/A Amendment No. 2 of Legato Systems, Inc. for the year ended
December 31, 1998.


DELOITTE & TOUCHE LLP

San Jose, California
December 1, 1999
IN THE COURT OF CRIMINAL APPEALS

EX PARTE § 

§ 

§ 

§ WRIT NO. _________________ 

KIMBALL D. HAILEY II § TRIAL NO. C-213-010508-1152280-A 

FIRST MOTION FOR EXTENSION OF TIME FOR RESOLUTION OF 

ISSUES AND SUBMISSION OF WRIT RECORD

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW, the 213th Judicial District Court of Tarrant County Texas and 

moves this Court to grant an additional thirty (30) day extension of time for resolution 

of the issues and submit the writ record in this case. The following allegations are 

made in support of this motion: 

I.

PROCEDURAL HISTORY

On June 14, 2010, KIMBALL D. HAILEY II (“Applicant”), was convicted by a 

jury of capital murder. The trial court then sentenced Applicant to confinement for life

in the Texas Department of Criminal Justice – Institutional Division.

On October 18, 2012, the Second Court of Appeals affirmed the trial court’s 

judgment. Hailey v. State, 413 S.W.3d 457 (Tex. App. – Fort Worth Oct. 18, 2012, 

pet. ref’d). 

On June 30, 2015, Applicant filed this application for writ of habeas corpus. 

1 

WR-84,353-01

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 12/16/2015 9:55:34 AM

Accepted 12/18/2015 4:28:31 PM

ABEL ACOSTA

CLERK

 RECEIVED COURT OF CRIMINAL APPEALS 12/18/2015 ABEL ACOSTA, CLERK 
The State was served on that date. 

The trial court’s 180 day deadline to resolve the issues in this application for 

writ of habeas corpus is December 28, 2015, because December 27, 2015, is a Sunday. 

See Tex. R. App. 73.5.

II.

AN ADDITIONAL THIRTY DAY EXTENSION IS REQUESTED

The trial court requests that this Court grant an additional thirty (30) day 

extension of time for resolution of the issues and submit the writ record in this 

application. If this extension is granted, the resolution of the issues would be 

accomplished on or before January 26, 2016, and the writ record submitted on or 

before January 27, 2016.

This extension is not sought for purposes of delay. Additional time is needed to 

determine whether the appellate record supports or rebuts Applicant’s ineffective 

assistance of counsel claims.

 

WHEREFORE, PREMISES CONSIDERED, the trial court prays that thisCourt 

grant an additional thirty (30) day extension for resolution of the issues in this case and 

2
order that the issues be resolved by on or before January 26, 2016, and the writ 

record submitted on or before January 27, 2016.

Respectfully submitted,

/s/ CHARLES P. REYNOLDS

CHARLES PATRICK REYNOLDS

Judicial Staff Counsel and 

Post-Conviction Magistrate

Tarrant County, Texas

401 W. Belknap

Fort Worth, Texas 76196

(817) 884-2326

Fax (817) 884-2312

State Bar No. 00789580

3
CERTIFICATE OF SERVICE

A true copy of the above First Motion for Extension of Time for Resolution of 

Issues has been hand-delivered to Hon. Andréa Jacobs, Assistant Criminal District 

Attorney, Tarrant County District Attorney’s Office and mailed to Applicant, Mr. 

Kimball D. Hailey, TDCJ-ID# 01650116, French Robertson Unit, 12071 FM 3522, 

Abilene, Texas 79601 on the 16th day of December, 2015.

/s/ CHARLES P. REYNOLDS

CHARLES PATRICK REYNOLDS

4
112TH CONGRESS 

1ST SESSION H. R. 2668 

AN ACT 

To designate the station of the United States Border Patrol 

located at 2136 South Naco Highway in Bisbee, Arizona, 

as the ‘‘Brian A. Terry Border Patrol Station’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 2668 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Brian A. Terry Memo3 rial Act’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds the following: 

6 (1) A native of Flat Rock, Michigan, Agent 

7 Brian A. Terry served his country proudly with the 

8 United States Marine Corps and continued his serv9 ice as a police officer with the cities of Ecorse and 

10 Lincoln Park, Michigan, prior to joining the United 

11 States Border Patrol. 

12 (2) Agent Terry was a member of the 699th 

13 Session of the Border Patrol Academy assigned to 

14 the Naco Border Patrol Station within the Tucson 

15 Sector. 

16 (3) On December 14, 2010, Border Patrol 

17 Agent Brian A. Terry was conducting a Border Pa18 trol Tactical unit (BORTAC) operation in the area 

19 of ‘‘Peck Wells’’. 

20 (4) At 11:15 p.m., near Rio Rico, Arizona, and 

21 about 15 miles north of Nogales, Arizona, Agent 

22 Terry and his team spotted a group of individuals 

23 approaching their position. 

24 (5) Shortly thereafter, an encounter ensued and 

25 gunfire was exchanged that left Agent Terry mor26 tally wounded. 
3 

•HR 2668 EH

1 (6) Agent Terry succumbed to his injuries on 

2 December 15, 2010. 

3 (7) Agent Terry is survived by his mother, fa4 ther, stepmother, stepfather, brother, and two sis5 ters. 

6 SEC. 3. DESIGNATION. 

7 The station of the United States Border Patrol lo8 cated at 2136 South Naco Highway in Bisbee, Arizona, 

9 shall be known and designated as the ‘‘Brian A. Terry 

10 Border Patrol Station’’. 

11 SEC. 4. REFERENCES. 

12 Any reference in a law, map, regulation, document, 

13 paper, or other record of the United States to the station 

14 referred to in section 1 shall be deemed to be a reference 

15 to the ‘‘Brian A. Terry Border Patrol Station’’. 

Passed the House of Representatives December 14, 

2011. 

Attest: 

Clerk. 
112TH CONGRESS 

1ST SESSION H. R. 2668 

AN ACT 

To designate the station of the United States Border Patrol Station’’. in Bisbee, Arizona, as the ‘‘Brian A. Terry Bor- der Patrol located at 2136 South Naco Highway
Exhibit 31.1

I, Kenneth T. Myers, certify that:

1. I have reviewed this Annual Report on Form 10-Q of the registrant, Digital Lightwave, Inc.

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;

4. The registrants other certifying officer and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end
of the period covered by this report based on such evaluation; and

(c) disclosed in this report any change in the
registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial reporting; and

5. The registrants
other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent function):

(a) all significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely to adversely affect the 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 who have a significant role in the registrants
internal controls over financial reporting.

Date: August 14, 2009



By:

/s/ KENNETH T. MYERSKenneth T. MyersPresident and Chief Executive Officer (Principal
Executive Officer)
<TABLE> <S> <C>


<ARTICLE>                     5

<CIK>                         0000860331
<NAME>                        WNC HOUSING TAX CREDIT FUND II, L.P.
<MULTIPLIER>                                   1
<CURRENCY>                                     US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              MAR-31-2000
<PERIOD-START>                                 APR-01-1999
<PERIOD-END>                                   MAR-31-2000
<EXCHANGE-RATE>                                1
<CASH>                                             150,827
<SECURITIES>                                             0
<RECEIVABLES>                                            0
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                   150,827
<PP&E>                                                   0
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                   1,200,507
<CURRENT-LIABILITIES>                                    0
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 0
<OTHER-SE>                                           5,894
<TOTAL-LIABILITY-AND-EQUITY>                     1,200,507
<SALES>                                                  0
<TOTAL-REVENUES>                                    10,947
<CGS>                                                    0
<TOTAL-COSTS>                                      201,873
<OTHER-EXPENSES>                                   384,579
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                   (575,505)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                               (575,505)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                      (575,505)
<EPS-BASIC>                                       (81.39)
<EPS-DILUTED>                                            0




</TABLE>
Exhibit 31.1

I, Kenneth T. Myers, certify that:

1. I have reviewed this Annual Report on Form 10-Q of the registrant, Digital Lightwave, Inc.

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;

4. The registrants other certifying officer and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end
of the period covered by this report based on such evaluation; and

(c) disclosed in this report any change in the
registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial reporting; and

5. The registrants
other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent function):

(a) all significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely to adversely affect the 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 who have a significant role in the registrants
internal controls over financial reporting.

Date: August 13, 2008



By:

/s/ KENNETH T. MYERSKenneth T. MyersPresident and Chief Executive Officer(Principal Executive Officer)
#### ST. LOUIS & S. F. RY. CO. et al. v. HICKS.

(Circuit Court of Appeals, Eighth Circuit.

September 2, 1895.)

No. 585.

Railroad Companies—Liability for Negligence-Injuries to Persons on Track.

In Error to the Circuit Court of the United States for the Western District of Arkansas.

B. R. Davidson (Edward D. Kenna, on the brief), for plaintiffs in *error.*

Oscar L. Miles, for defendant in error.

Before CALDWELL, SANBORN, and THAYER, Circuit Judges.

*532SANBORN, Circuit Judge.

This was an action brought by Harrison Hicks, administrator of the estate of William Spoon, deceased, the defendant in error, to recover damages from the St. Louis & San Francisco Railway Company and its receivers, the plaintiffs in error, for the death of the deceased, which he alleged was caused by the negligence of the company. The essential facts in this case, and the theory of the law upon which the case was tried, were the same as in No. 581.—Railway Co. v. Bennett (just decided by this court) 69 Fed. 525. For the reasons stated in the opinion in that case the judgment below must be reversed, and the cause remanded, with directions to grant a new trial, and it is so ordered.
UNITED STATES

Appellee

v.

Joshua K. SNELL

Corporal (E-4)

U.S. Marine Corps

Appellant

NMCCA NO. 202100132

Panel 1

ORDER

Granting Appellant’s Motion

to Withdraw Case from

Appellate Review

Upon consideration of Appellant’s Motion to Withdraw Case from Appellate Review, filed on 14 October 2021, we have determined that Appellant’s 

request was properly executed and submitted, and is in substantial compliance with Article 61, Uniform Code of Military Justice, 10 U.S.C. § 861, and 

Rule for Courts-Martial 1115.

Accordingly, it is, by the Court, this 18th day of October 2021,

ORDERED:

(1) That Appellant’s Motion to Withdraw Appellate Review is GRANTED.

(2) That the record of trial is returned to the Judge Advocate General for

appropriate disposition. 

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court

Copy to:

45 (LCDR Stoebner)

46

02
I 

112TH CONGRESS 

1ST SESSION H. R. 3330 

To amend title 38, United States Code, to extend the Department of Veterans 

Affairs demonstration projects on adjustable rate mortgages and hybrid 

adjustable rate mortgages. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 2, 2011 

Ms. LINDA T. SA ́NCHEZ of California (for herself, Mr. RUSH, and Mr. RANGEL) introduced the following bill; which was referred to the Committee 

on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to extend the Department of Veterans Affairs demonstration projects on 

adjustable rate mortgages and hybrid adjustable rate 

mortgages. 

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


pwalker on DSK5TPTVN1PROD with BILLS
2 

•HR 3330 IH

1 SECTION 1. EXTENSION OF DEPARTMENT OF VETERANS 

2 AFFAIRS DEMONSTRATION PROJECTS ON AD3 JUSTABLE RATE MORTGAGES AND HYBRID 

4 ADJUSTABLE RATE MORTGAGES. 

5 (a) ADJUSTABLE RATE MORTGAGES.—Section 

6 3707(a) of title 38, United States Code, is amended by 

7 striking ‘‘2012’’ and inserting ‘‘2017’’. 

8 (b) HYBRID ADJUSTABLE RATE MORTGAGES.—Sec9 tion 3707A(a) of such title is amended by striking ‘‘2012’’ 

10 and inserting ‘‘2017’’. 

Æ 


pwalker on DSK5TPTVN1PROD with BILLS
EXHIBIT 11 - COMPUTATION OF EARNINGS PER SHARE

(amounts in thousands, except per share data)

<TABLE>
<CAPTION>

Basic Earnings Per Share                    1997        1996        1995
------------------------                   ------      ------      ------

<S>                                         <C>         <C>         <C>
Weighted-average shares outstanding         1,708       1,701       1,711
                                           ======      ======      ======
Net Income                                  1,753       1,507       1,204
                                           ======      ======      ======

Basic earnings per share                    $1.03       $0.89       $0.70
                                           ======      ======      ======


Diluted Earnings Per Share                  1997        1996        1995
-------------------------                  ------      ------      ------

Weighted-average shares outstanding         1,708       1,701       1,711
                                           ------      ------      ------

Average options outstanding                   176         172         118
Average exercise price                     $ 9.69      $ 8.69     $  6.60
                                           ------      ------      ------
Proceeds from assumed exercise of
  options outstanding                       1,705       1,494         784
Average market price per share             $20.71      $13.55      $ 9.65
                                           ------      ------      ------
Assumed shares repurchased                     82         110          82
                                           ------      ------      ------
Common stock equivalents of
  options outstanding                          94          62          36
                                           ------      ------      ------
Weighted-average shares outstanding
(including common stock equivalents)        1,802       1,763       1,747
                                           ======      ======      ======

Net income                                  1,753       1,507       1,204
                                           ======      ======      ======

Diluted earnings per share                  $0.97       $0.85       $0.69
                                           ======      ======      ======


</TABLE>

                                      11-1
<PAGE>