alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.3

                       AMENDMENT TO SHAREHOLDERS AGREEMENT

This AMENDMENT TO SHAREHOLDERS AGREEMENT is made and entered into this 4th day
of June 2007, by and among FIMSCO, Limited Partnership, an Israeli limited
partnership ("FIMSCO"). Cotserv Commercial and Technical Services Ltd.
("COTSERV") and Mr. Shmuel Shiloh (Israeli ID Number 051704005) hereinafter
collectively, the "PARTIES" and individually, a "PARTY")

WHEREAS the parties hereto entered into a Shareholders Agreement, dated March
14, 2006, pursuant to which the Parties set forth the general terms and
conditions with respect to their relationship vis-a-vis Scope Metal Trading &
Technical Services Ltd (the "COMPANY"), a copy of which is attached hereto as
"EXHIBIT A" (the "SHAREHOLDERS AGREEMENT"), and

WHEREAS the Company is preparing and intends to file, in accordance with the
provisions of the United States Securities Act of 1933, as amended, and the
rules and regulations promulgated thereunder (collectively, the "ACT"), with the
United States Securities and Exchange Commission, a registration statement on
Form F-1 under the Act, including a prospectus (the "REGISTRATION STATEMENT"),
relating to the issuance and sale of ordinary shares of the Company, by the
Company, and the resale of ordinary shares of the Company by FIMSCO and
Cotserv, and

WHEREAS, subject to the condition set forth below, the Parties wish to amend the
Shareholders Agreement as set forth herein.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS

As of and contingent upon the Registration Statement being declared effective
under the Act on or before October 30, 2007, and provided that a binding
agreement for the sale in accordance therewith of at least 400,000 of the
Company shares held by FIMSCO has been executed by such date, sections 4 (Bring
Along) and 10.1 (Dividend Distribution) of the Shareholders Agreement shall be
deleted in their entirely and shall be of no further effect. Any references to
Section 4 and Section 10.1 contained therein also shall be of no further effect.
All other terms and conditions of the Shareholders Agreement shall remain in
effect.



IN WITNESS WHEREOF, the parties have signed this AMENDMENT TO SHAREHOLDERS
AGREEMENT as of the date hereinabove set forth.

FIMSCO, LIMITED PARTNERSHIP


Signature /s/ Ishay Darili                /s/ Yarem Oren
          -----------------------------   --------------------------------------
By Ishay Darili - Director                Yarem Oren
                                          Director
COTSERV COMMERCIAL AND TECHNICAL
SERVICES LTD.


Signature /s/ Shmuel Shiloh
          -----------------------------
By Shmuel Shiloh
   Director


SHMUEL SHILOH


Signature /s/ Shmuel Shiloh
          -----------------------------


                                        2
#### UNITED STATES of America, Plaintiff—Appellee, v. Waddell G. GIBBS, Defendant-Appellant.

No. 10-7204.

United States Court of Appeals, Fourth Circuit.

Submitted: Nov. 18, 2010.

Decided: Dec. 2, 2010.

Waddell G. Gibbs, Appellant pro se. Jessica Aber Brumberg, Office of the United States Attorney, Richmond, Virginia, for Appellee.

Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Waddell G. Gibbs seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp.2010) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner *800must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Gibbs has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.

*DISMISSED.*
NO. 07-07 -044 5-CR IN THE CO URT OF APPEA LS FO R THE S EVEN TH D ISTRI CT O F TEXAS

AT AM AR ILLO PAN EL C MA RC H 4, 20 08

_________

_________

_________

___ T ROY LOCKE , APPE LLA NT

V. THE S TATE OF TEXAS, APPEL LEE

_________

_________

_________

______ FRO M T HE 24 2 ND DI ST RI CT COU RT OF HA L E CO UNT Y; NO . B1 7260- 0706; HO NO RA BLE E D SELF , J UD GE

_________

_________

_________

____ Before QUINN, C.J., and HANCOCK and PIRT LE, JJ. ME MO RA ND UM OPI NI ON Pen ding before this Cou rt is T royLocke ’s Motion to Dism iss Appe al in w hic h he re present s h e w is hes to w it hdraw his noti ce of ap peal and dis mis s the a ppeal . As re q uired by R ule 42.2 (a ) of the Texas Rul es of Appel lat e Procedure , the motion i s s ig ned by Appel lan t an d h is a tt o rney . No deci si on of thi s C our t hav ing been del iv ered, t he moti on2

is g ra nted a n d the appeal i s d is mis sed. N o moti on for re hear ing w il l be ent ertai ned and our mandate w il l is sue forthw it h. Acc ordin g ly , t he appe al isdi smi ss ed.

Pat rick A. Pirtle Justice Do not p ubl is h.
<PAGE>

                                                                    EXHIBIT 11.2

                        NEWBRIDGE NETWORKS CORPORATION

                       COMPUTATION OF EARNINGS PER SHARE

        (Accounting principles generally accepted in the United States)
        (Canadian dollars, amounts in thousands except per share data)
                                  (Unaudited)
<TABLE>
<CAPTION>

                                               Fiscal quarters ended
                                               ---------------------

                                                 Aug 1,    Aug 2,
                                                  1999      1998
                                                --------  --------
<S>                                             <C>       <C>

Earnings per share (U.S. GAAP - Basic)

 Net earnings                                   $ 47,286  $ 35,520
                                                ========  ========

 Weighted average number of Common
   Shares outstanding during the period          180,399   176,105
                                                ========  ========

 Earnings per share (U.S. GAAP)                 $   0.26  $   0.20
                                                ========  ========

Earnings per share (U.S. GAAP- Diluted)

 Net earnings                                   $ 47,286  $ 35,520
                                                ========  ========

 Weighted average number of Common Shares
   outstanding during the period                 180,399   176,105

 Net effect of dilutive stock options
   based on the treasury stock method              2,101     2,314
                                                --------  --------

 Weighted average number of Common
   Shares and equivalents outstanding
   during the period                             182,500   178,419
                                                ========  ========


 Earnings per share (U.S. GAAP)                 $   0.26  $   0.20
                                                ========  ========

Earnings per share expressed in U.S. Dollars

 Daily average exchange rate of a Canadian
   dollar for U.S. dollars as reported by the
   Federal Reserve Bank of New York             $ 0.6787  $ 0.6817

 Earnings per share (U.S. GAAP)
   - Basic, in U.S. dollars                     $   0.18  $   0.14
                                                ========  ========

 Earnings per share (U.S. GAAP)
   - Diluted, in U.S. dollars                   $   0.18  $   0.14
                                                ========  ========

</TABLE>


                                (Page 37 of 38)
[Federal Register Volume 66, Number 29 (Monday, February 12, 2001)]
[Notices]
[Pages 9884-9885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3500]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION


Agency Information Collection Activities: Submission for the 
Office of Management and Budget (OMB) Review; Comment Request

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Notice of the OMB review of information collection and 
solicitation of public comment.

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

SUMMARY: The NRC has recently submitted to OMB for review of continued 
approval of information collections under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).
    Information pertaining to the requirement to be submitted:
    1. The title of the information collection: 10 CFR part 95--
Facility Security Clearance and Safeguarding of National Security 
Information and Restricted Data.
    2. Current OMB approval number: 3150-0047.
    3. How often the collection is required: On occasion.
    4. Who is required or asked to report: NRC-regulated facilities and 
other organizations requiring access to NRC-classified information.
    5. The number of annual respondents: 8.
    6. The number of hours needed annually to complete the requirement 
or request: 443 hours (333 hours reporting and 110 hours recordkeeping) 
or approximately 3 hours per response.
    7. Abstract: NRC-regulated facilities and other organizations are 
required to provide information and maintain records to ensure that an 
adequate level of protection is provided to NRC-classified information 
and material.
    A copy of the final supporting statement may be viewed free of 
charge at the NRC Public Document Room, One White Flint North, 11555 
Rockville Pike, Room O-1F23, Rockville, MD 20852. OMB clearance 
requests are available at the NRC worldwide web site: http://www.nrc.gov/NRC/PUBLIC/OMB/index.html. The document will be available 
on the NRC home page site for 60 days after the signature date of this 
notice.
    Comments and questions should be directed to the OMB reviewer 
listed below by March 14, 2001. Comments received after this date will 
be considered if it is practical to do so, but assurance of 
consideration cannot be given to comments received after this date. Amy 
Farrell, Office of Information and Regulatory Affairs (3150-0047),

[[Page 9885]]

Office of Management and Budget, Washington, DC 20503.
    Comments can also be submitted by telephone at (202) 395-7318.
    The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.

    Dated at Rockville, Maryland, this 5th day of February, 2001.

    For the Nuclear Regulatory Commission.
Brenda Jo. Shelton,
NRC Clearance Officer, Office of the Chief Information Officer.
[FR Doc. 01-3500 Filed 2-9-01; 8:45 am]
BILLING CODE 7590-01-P
[Federal Register Volume 66, Number 27 (Thursday, February 8, 2001)]
[Notices]
[Page 9607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3293]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-4430]


Melpack, Inc., Mullins, SC; Notice of Termination of 
Investigation

    Pursuant to Title V of the North American Free Trade Agreement 
Implementation Act (Pub. L. 103-182) concerning transitional adjustment 
assistance, hereinafter called NAFTA-TAA and in accordance with Section 
250(a), Subchapter D, Chapter 2, Title II, of the Trade Act of 1974, as 
amended (19 U.S.C 2331), an investigation was initiated on January 4, 
2001, in response to a worker petition which was filed on behalf of 
workers at Melpack, Inc., Mullins, South Carolina.
    The petitioner has requested that the petition be withdrawn. 
Consequently further investigation in this case would serve no purpose, 
and the investigation has been terminated.

    Signed in Washington, D.C. this 12 day of January, 2001.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 01-3293 Filed 2-7-01; 8:45 am]
BILLING CODE 4510-30-M
exv10w1



 





Exhibit 10.1




AMENDMENT NO. 2 TO THE

PEABODY ENERGY CORPORATION

2004 LONG-TERM EQUITY INCENTIVE PLAN




     WHEREAS, Peabody Energy Corporation (the “Corporation”) adopted and maintains the Peabody
Energy Corporation 2004 Long-Term Equity Incentive Plan (the “Plan”);



     WHEREAS, pursuant to Section 16 of the Plan, the Board of Directors of the Corporation (the
“Board”) may amend the Plan for various purposes, including but not limited to preventing an
expense charge to the Corporation, subject to the limitations set forth therein;



     WHEREAS, the Corporation contemplates spinning off a portion of its business into another
entity and distributing a dividend in the form of stock of that other entity (such transaction
referred to herein as “Project Gemini”), which, if such actions were to constitute a
“Recapitalization Event” under the Plan, would cause the Corporation to incur a substantial expense
under the Plan;



     WHEREAS, the “Recapitalization Event” definition was not intended by the Corporation to apply
in a transaction such as Project Gemini, which does not include a cash dividend or the distribution
of additional cash value to the shareholders of the Corporation; and



     WHEREAS, the Corporation deems it appropriate to amend the “Recapitalization Event” definition
used in the Plan;



     NOW, THEREFORE, the Plan is hereby amended, effective as of January 1, 2007, as follows:



I.




     Section 17(o) of the Plan is hereby amended to read in its entirety as follows:



     “(o) For purposes hereof, ‘Recapitalization Event’ shall mean a
recapitalization, reorganization, stock dividend or other special corporate
restructuring which results in an extraordinary distribution to the stockholders
of cash and/or securities through the use of leveraging or otherwise but which
does not result in a Change in Control; provided, however, that neither the
distribution by the Corporation to its shareholders of the common stock of
Patriot Coal Corporation (the “Distribution”) nor any of the transactions
undertaken in connection with the Distribution shall be considered or treated as
a Recapitalization Event.’”



II.




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



[SIGNATURE PAGE FOLLOWS]




 









 





     IN WITNESS WHEREOF, this amendment is executed this 10th day of October, 2007.



	 	 	 	 	 
	 	PEABODY ENERGY CORPORATION

 	 
	 	

By:  	 	 
	 	

Title:	 
	 	 	 	 
	 




2
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

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

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

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

KIRIN DEVI, a.k.a. Kiran Devi, a.k.a. Rita

Patel,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 11-72638

Agency No. A096-191-210

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted September 24, 2013** 

Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.

Kirin Devi, a native and citizen of India, petitions pro se for review of the

Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen

removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for

FILED

SEP 30 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-72638

abuse of discretion the BIA’s denial of a motion to reopen. Malty v. Ashcroft, 381

F.3d 942, 945 (9th Cir. 2004). We deny the petition for review. 

The BIA did not abuse its discretion by denying Devi’s motion to reopen as

untimely where the motion was filed more than five years after the BIA’s final

order, see 8 C.F.R. § 1003.2(c)(2), and Devi failed to present sufficient evidence of

changed circumstances in India to qualify for the regulatory exception to the time

limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Malty,

381 F.3d at 945 (“The critical question is . . . whether circumstances have changed

sufficiently that a petitioner who previously did not have a legitimate claim for

asylum now has a well-founded fear of persecution.”). Devi’s contention that the

BIA failed to consider all the evidence she presented with the motion to reopen is

not supported by the record. 

PETITION FOR REVIEW DENIED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The  schedule  contains  summary   information   extracted  from  the  financial
statements  of the  September  30, 1997  Aircraft  Income  Partners  L.P. and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       6,316,210
<SECURITIES>                                         0
<RECEIVABLES>                                3,694,815
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            10,764,852
<PP&E>                                      91,516,052
<DEPRECIATION>                              70,086,434
<TOTAL-ASSETS>                              32,194,470
<CURRENT-LIABILITIES>                        5,014,940
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  27,179,530
<TOTAL-LIABILITY-AND-EQUITY>                32,194,470
<SALES>                                              0
<TOTAL-REVENUES>                             6,876,625
<CGS>                                                0
<TOTAL-COSTS>                                  761,196
<OTHER-EXPENSES>                             4,809,903
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,305,526
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,305,526
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,305,526
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
         

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

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           26558
<INT-BEARING-DEPOSITS>                             270
<FED-FUNDS-SOLD>                                  1125
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     426182
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                            426182
<LOANS>                                         509789
<ALLOWANCE>                                       7996
<TOTAL-ASSETS>                                 1019615
<DEPOSITS>                                      837706
<SHORT-TERM>                                     39481
<LIABILITIES-OTHER>                              12339
<LONG-TERM>                                      20625
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         23438
<OTHER-SE>                                       86026
<TOTAL-LIABILITIES-AND-EQUITY>                 1019615
<INTEREST-LOAN>                                  32276
<INTEREST-INVEST>                                19238
<INTEREST-OTHER>                                    57
<INTEREST-TOTAL>                                 51571
<INTEREST-DEPOSIT>                               23891
<INTEREST-EXPENSE>                               26643
<INTEREST-INCOME-NET>                            24928
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                5753
<EXPENSE-OTHER>                                  20532
<INCOME-PRETAX>                                  16371
<INCOME-PRE-EXTRAORDINARY>                       10845
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     10845
<EPS-PRIMARY>                                     1.43
<EPS-DILUTED>                                     1.43
<YIELD-ACTUAL>                                    3.66
<LOANS-NON>                                       4438
<LOANS-PAST>                                      1803
<LOANS-TROUBLED>                                  1251
<LOANS-PROBLEM>                                   2001
<ALLOWANCE-OPEN>                                  8364
<CHARGE-OFFS>                                      790
<RECOVERIES>                                       422
<ALLOWANCE-CLOSE>                                 7996
<ALLOWANCE-DOMESTIC>                              2904
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                           5092
        

</TABLE>