alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
First Amendment to the Massey Energy Company



 EXHIBIT 10.4 
 FIRST AMENDMENT TO THE 
 MASSEY ENERGY COMPANY 
 1997 RESTRICTED STOCK PLAN FOR NON-EMPLOYEE DIRECTORS 
 As Amended and Restated Effective
May 24, 2005 
 The Massey Energy Company 1997 Restricted Stock Plan for Non-Employee Directors, as amended and restated effective
May 24, 2005 (the “Plan”) was amended pursuant to Section 7.1 of the Plan effective June 27, 2006 as follows: 
 The
following paragraph is added at the end of Section 5.3 of the Plan: 
 Notwithstanding the foregoing or any other provision of the Plan,
if an Awardee ceases to be a Non-Employee Director for any reason and is immediately thereupon or thereafter elected or appointed to serve as a Non-Employee Director, such Awardee’s service on the Board as a Non-Employee Director for purposes
of this Plan shall be considered to continue without interruption. No forfeiture shall occur by reason of such cessation of service as a Non-Employee Director and resumption of status as a Non-Employee Director, and Awards under the Plan outstanding
at the time of such cessation and resumption shall otherwise continue to vest in accordance with their terms and the terms and provisions of the Plan during such continuing Board service. 
 As evidence of the adoption of this amendment to the Plan, Massey Energy Company has caused this document to be signed by its undersigned officer
effective this 27th day of June 2006. 
  

			
	MASSEY ENERGY COMPANY
	
	 /s/ Richard R. Grinnan

	Name:	 	Richard R. Grinnan
	Its:	 	Vice President and Corporate Secretary
```

[Federal Register Volume 66, Number 33 (Friday, February 16, 2001)]
[Proposed Rules]
[Page 10659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3961]

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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 01-256; MM Docket No. 00-204; RM-9983]

Radio Broadcasting Services; Blairsville, GA

AGENCY: Federal Communications Commission.

ACTION: Proposed rule, dismissal.

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

SUMMARY: The Commission, at the request of M. Terry Carter and Douglas 
Sutton, Jr. d/b/a Tugart Communications, dismisses its request to allot 
Channel 236A to Blairsville, GA, as the community's first local aural 
service. See 65 FR 66950, November 8, 2000. Channel 236A cannot be 
allotted to Blairsville in compliance with section 73.315 of the 
Commission's Rules because of a major obstruction between the proposed 
transmitter site and the community.

FOR FURTHER INFORMATION CONTACT: Leslie K. Shapiro, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MM Docket No. 00-204, adopted January 24, 2001, and 
released February 2, 2001. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239), 445 12th Street, SW., Washington, 
DC. The complete text of this decision may also be purchased from the 
Commission's copy contractor, International Transcription Services, 
Inc., (202) 857-3800, 1231 20th Street, NW., Washington, DC 20036.

    Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 01-3961 Filed 2-15-01; 8:45 am]
BILLING CODE 6712-01-P
```
EXHIBIT 23.1



                  Exhibit 23 - Consent of Independent Auditors


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 33-75668) pertaining to the 1993 Long-Term Stock Incentive Plan of Triad
Guaranty Inc., the Registration  Statement (Form S-8 No. 33-96550) pertaining to
the Triad  Guaranty  Inc.  401(k)  Profit  Sharing  Plan,  and the  Registration
Statement (Form S-8 No. 33-69967) pertaining to the Employee Stock Purchase Plan
of Triad Guaranty Inc. of our report dated January 22, 2003, with respect to the
consolidated financial statements of Triad Guaranty Inc. included in this Annual
Report (Form 10-K) for the year ended December 31, 2002, and our report included
in the following paragraph with respect to the financial statement schedules.

Our audits also included the  financial  statement  schedules of Triad  Guaranty
Inc.  listed  in Item  15(a).  These  schedules  are the  responsibility  of the
Company's  management.  Our responsibility is to express an opinion based on our
audits. In our opinion,  the financial  statement  schedules  referred to above,
when considered in relation to the basic financial  statements taken as a whole,
present fairly in all material respects the information set forth therein.




/s/ Ernst & Young LLP
---------------------
Greensboro, North Carolina
March 27, 2003
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S FORM 10-Q FOR THE QUARTER ENDED DECEMBER 31, 1996 AND IS QUALIFIED
IN ITS ENTIRETY TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          37,063
<SECURITIES>                                         0
<RECEIVABLES>                                    9,147
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                46,210
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,216,636
<CURRENT-LIABILITIES>                            6,017
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,150
<OTHER-SE>                                   1,209,469
<TOTAL-LIABILITY-AND-EQUITY>                 1,216,636
<SALES>                                              0
<TOTAL-REVENUES>                                 1,206
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                97,909
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (96,703)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (96,703)
<DISCONTINUED>                               (310,312)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (407,015)
<EPS-PRIMARY>                                   (0.04)
<EPS-DILUTED>                                   (0.04)
        

</TABLE>
<PAGE>

                                  EXHIBIT 10.15

INTER
OFFICE
MEMO

                                                   DATE: November 11, 2002

TO:               Mr. Keith Hull

FROM:             Sharon L. Rodgers

         I am pleased to inform you that you have been approved to participate
in the management incentive plan for fiscal 2003. You will participate in the
plan based on an individual percentage award of 65%.

         For fiscal 2003, 100% of your actual incentive award will be based on
achievement of Financial Goals, as set forth below.

                                 Financial Goals

         The Financial Goals for your fiscal 2003 award are as follows:

<TABLE>
<CAPTION>
                        Corporate
                    Operating Earnings
Performance       (Thousands of Dollars)
  Level                 (EBITDAL)
-----------       ----------------------
<S>               <C>
   25%                   75,000
   50%                   80,000
   75%                   85,000
  100%                   90,000
</TABLE>

         100% of your actual incentive award will be based on achievement of
Financial Goals. Your actual incentive award will be determined by multiplying
your total base salary paid in fiscal 2003 times your individual percentage
award times the Performance Level achieved as set forth above and will be
calculated by the Company. Any such award will be prorated when the Performance
Level achieved falls between the 25% and 100% levels. No incentive award will be
paid if the Performance Level is below 25%,

<PAGE>

and no additional incentive award will be paid for any financial results which
exceed the 100% Performance Level.

         The general guidelines of the plan for fiscal 2003 are as follows:

         1.   Operating earnings (EBITDAL) will be defined as reported in the
              Company's financial statements.

         2.   Your actual incentive award will be paid on an annual basis, with
              payment to be made as soon as practical after the fiscal year
              audit is completed.

         3.   No incentive award will be paid if you are not in the employ of
              the Company on the last day of the fiscal year (effective date of
              severance must be after fiscal year end).

         4.   In the event you are reassigned or given a new position and
              responsibilities during the fiscal year (promotion or demotion),
              payment of the incentive award will be determined on a
              case-by-case basis. The Company reserves the right to deny payment
              or to reduce the incentive award in the case of demotions.

         Please indicate your understanding of the plan, the performance goals
and your potential incentive award by signing and returning this letter to me. A
copy is provided for your personal files.

                                                   _____________________________

SLR/kjw

Acknowledged: ___________________________________

Date:         ___________________________________
EXHIBIT 23








Consent of Independent Registered Public Accounting Firm


The Board of Directors


Palatin Technologies, Inc.:





We consent to the incorporation by reference in the registration statements (Nos. 333-33569, 333-56605, 333-64951, 333-72873, 333-84421, 333-52024, 333-54918, 333-74990, 333-100469, 333-101764, 333-104370, 333-112908, 333-128585, 333-132369, 333-140648, 333-146392, 333-170227, 333-174251, 333-183837, 333-185113, 333-201821, 333-206003, and 333-206047) on Form S-3 and in the
registration statements (Nos. 333-57079, 333-83876, 333-128854, 333-149093, 333-163158, 333-174257, 333-191467, and 333-206009)on Form S-8 of Palatin Technologies, Inc. of our report dated September 18, 2015, with respect to the consolidated balance sheets of Palatin Technologies, Inc. and subsidiary as of June 30, 2015 and 2014, and the related consolidated statements of operations, stockholders’ equity, and cash flows for each of the years in the three-year period ended June 30, 2015, which report appears
in the June 30, 2015 annual report on Form 10-K of Palatin Technologies, Inc.





/s/ KPMG LLP





Philadelphia, Pennsylvania


September 18, 2015
[Federal Register Volume 66, Number 32 (Thursday, February 15, 2001)]
[Rules and Regulations]
[Page 10367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3788]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN 0720-AA62


Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) TRICARE, Partial Implementation of Pharmacy Benefits Program; 
Implementation of National Defense Authorization Act Medical Benefits 
for Fiscal Year 2001; Change in Effective Date

AGENCY: Office of the Secretary, Defense.

ACTION: Interim final rule.

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

SUMMARY: On Friday, February 9, 2001 (66 FR 9651), the Department of 
Defense published an Interim final rule on Partial Implementation of 
Pharmacy Benefits Program; Implementation of National Defense 
Authorization Act Medical Benefits for Fiscal Year 2001. This document 
is published to change the effective date of that rule in accordance 
with the statutory requirements of the National Defense Authorization 
Act for Fiscal Year 2001, which directed implementation of specific 
medical benefits on April 1, 2001.

EFFECTIVE DATE: The effective date of the rule is amended to April 1, 
2001.

FOR FURTHER INFORMATION CONTACT: L.M. Bynum, 703-601-4722.

    Dated: February 9, 2001.
L.M. Bynum,
Alternate OSD Federal Register Liaison, Department of Defense.
[FR Doc. 01-3788 Filed 2-14-01; 8:45 am]
BILLING CODE 5001-10-M
# Consent of Independent
Registered Public Accounting Firm

The Board of DirectorsPalatin
Technologies, Inc.:

We consent to the incorporation by
reference in the registration statements on Form S-3 (Nos. 333-33569, 333-56605,
333-64951, 333-72873, 333-84421, 333-52024, 333-54918, 333-74990, 333-100469, 333-101764,
333-104370, 333-112908, 333-128585 and 333-132369) and registration statements on Form S-8
(Nos. 333-57079, 333-83876 and 333-128854) of Palatin Technologies, Inc. of our reports
dated September 12, 2006, with respect to the consolidated balance sheets of Palatin
Technologies, Inc. and subsidiary as of June 30, 2006 and 2005, and the related
consolidated statements of operations, cash flows, and stockholders equity for each
of the years in the three-year period ended June 30, 2006, managements assessment of
the effectiveness of internal control over financial reporting as of June 30, 2006 and the
effectiveness of internal control over financial reporting as of June 30, 2006, which
reports appear in the June 30, 2006 annual report on Form 10-K of Palatin Technologies,
Inc. Our report dated September 12, 2006 on the consolidated financial statements refers to an
accounting change as a result of the adoption of SFAS No. 123(R), Share-Based
Payment.

/s/ KPMG LLP

Philadelphia, PennsylvaniaSeptember
12, 2006
[Federal Register Volume 66, Number 34 (Tuesday, February 20, 2001)]
[Notices]
[Page 10876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4040]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Title, Form, and OMB Number: Request for Information Regarding 
Deceased Debtor; DD Form 2840; OMB Number 0730-[To Be Determined]
    Type of Request: New Collection.
    Number of Respondents: 10,000.
    Responses per Respondent: 1.
    Annual Responses: 10,000.
    Average Burden per Response: 5 minutes.
    Annual Burden Hours: 833.
    Needs and Uses: Defense Finance and Accounting Service maintains 
updated debt accounts and initiates debt collection action for 
separated military members, out-of-service civilian employees, and 
other individuals not on an active federal government payroll system. 
When notice is received that an individual debtor is deceased, an 
effort is made to ascertain whether the decedent left an estate by 
contacting clerks of probate courts. If it is determined that an estate 
was established, attempts are made to collect the debt from the estate. 
If no estate appears to have been established, the debt is written off 
as uncollectable. This form is used to obtain information on deceased 
debtors from probate courts.
    Affected Public: Individuals or Households; State, Local or Tribal 
Government.
    Frequency: On Occasion.
    Respondent's Obligation: Voluntary.
    OMB Desk Officer: Mr. Edward C. Springer.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Springer at the Office of Management 
and Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    DOD Clearance Officer: Mr. Robert Cushing.
    Written requests for copies of the information collection proposal 
should be sent to Mr. Cushing, WHS/DIOR, 1215 Jefferson Davis Highway, 
Suite 1204, Arlington, VA 22202-4302.

L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 01-4040 Filed 2-14-01; 8:45 am]
BILLING CODE 5001-10-M
CASE ANNOUNCEMENTS

*July 23, 2014*

[Cite as *0712312014 Case Announcements,*2014-Ohio-3195.]

MERIT DECISIONS WITHOUT OPINIONS

2014-0268.

#### State ex rel. Rohrer v. Holzapfel.

In Mandamus and Prohibition. On consideration of answers of respondents Jane Krason and Hon. Leonard Holzapfel and motions for judgment on the pleadings of Jane Krason and Hon. Leonard Holzapfel. Motions for judgment on the pleadings granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy, French, and O’Neill, JJ., concur.

Lanzinger, J., dissents and would grant an alternative writ.
* Pursuant to 5T H CIR
. R. 47.5, the court has determined tha t this

opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR
. R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED March 28, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-20157 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus DAVE ANTONIO GRANT, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 4:98-CR-44-ALL

-------------------- Before JONES, Chief Judge, and SMITH and GARZA, Circuit Judges. PER CURIAM: * Dave Antonio Grant appeals his sentence following his guiltyplea conviction for possession with intent to distribute marijuana,
a violation of 21 U.S.C. § 841. The district court sentenced Grant to 120 months of imprisonment, five years of supervised release, and a $100 special assessment. Grant contends that his sentence violates the “Rule of Speciality” because his sentence was based on a larger drug quantity than the quantity specified in various documents seeking2

his extradition from Jamaica. He also asserts that the district court erred by enhancing his sentence on the basis of certain judicial findings of fact at sentencing. The Government argues that Grant’s plea agreement contains a waiver of appeal that bars his appeal. Grant argues that the
wa iver should not be enforced because it was unknowing, involuntary, and unconscionable. More particularly, he asserts that he pleaded guilty to possessing with intent to distribute a l arger quantity of marijuana than the quantity determi ned by laboratory testing. We review de novo whether a waiver provision bars an appeal. United States v. Baymon , 312 F.3d 725, 727 (5th Cir. 2002). We determine whether the waiver was knowing and voluntary and whether the waiver applies to the circumstances at issue. United States v. Bond , 414 F.3d 542, 544 (5th Cir. 2005). T he record reflects that Grant knowingly and voluntarily waived his right to appeal his sentence, except for a sentence in
excess of the statutory maximum or that was the result of an upward departure from the Sentencing Guidelines. See United States v. Cortez , 413 F.3d 502, 503 (5th Cir. 2005); Unit ed States v. McKinney , 406 F.3d 744, 746 (5th Cir. 2005); F ED. R. CRIM . P. 11(b)(1)(N). Because Grant’s sentence was not in excess of the statutory maximum and did not constitute an upward departure from3

the Guidelines, we DISMISS Grant’s appeal as barred by the waiver contained in the plea agreement. APPEAL DISMISSED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET OF EAT AT JOE'S LTD. AS OF JUNE 30, 1997 AND THE RELATED STATEMENTS OF
OPERATIONS AND CASHFLOWS FOR THE THREE AND SIX MONTHS THEN ENDED AND IS 
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                             478
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   494
<PP&E>                                              13
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                     778
<CURRENT-LIABILITIES>                               39
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                         738
<TOTAL-LIABILITY-AND-EQUITY>                       778
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   169
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (167)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (167)
<EPS-PRIMARY>                                    (.02)
<EPS-DILUTED>                                        0
        

</TABLE>