alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.1


 





AMENDMENT NO. 1 TO

EQUITY PURCHASE AGREEMENT


 


 


AMENDMENT
No. 1 (the “AMENDMENT”), dated as of April 3, 2013, to the EQUITY PURCHASE AGREEMENT dated as of July 11, 2011 (the
“AGREEMENT”), by and between SOUTHRIDGE PARTNERS II, LP, a Delaware limited partnership
(“INVESTOR”), and EL CAPITAN PRECIOUS METALS, INC., a Nevada corporation (the “COMPANY”).


 


WHEREAS,
the Company and Investor have heretofore executed and entered into the Agreement;


 


WHEREAS,
under Section 10.6 of the Agreement, the Company and Investor may amend the provisions of the Agreement pursuant to a written
instrument signed by the parties; and


 


WHEREAS,
the Company and Investor each desire to amend the Agreement pursuant to this Amendment in order to extend the duration of the
Commitment Period (as defined in the Agreement).


 


NOW,
THEREFORE, the Company and Investor hereby amend the Agreement as follows:


 


1.     DEFINED
TERMS. Capitalized terms used in the Amendment and not otherwise defined herein shall have the meanings ascribed to them
in the Agreement.


 


2.     Amendment
to DEFINITION OF “COMMITMENT PERIOD.” The definition of “Commitment Period” set forth in
Section 1.1 of the Agreement shall be amended to mean the period commencing on the Effective Date, and ending on the earlier of
(i) the date on which Investor shall have purchased Put Shares pursuant to this Agreement for an aggregate Purchase Price of the
Maximum Commitment Amount, or (ii) July 11, 2014.


 


3.     NO
ADDITIONAL MODIFICATION. The Agreement shall not be modified by this Amendment in any respect except as expressly set forth herein.
Whenever the Agreement is hereinafter referred to, it shall be deemed to mean the Agreement as amended hereby.


 


4.     COUNTERPARTS.
This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken
together shall constitute one and the same instrument.


 


[SIGNATURES ON FOLLOWING
PAGE]


 






    	



    	 



    

 




[SIGNATURE PAGE]


 


 


IN
WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Equity Purchase Agreement to be executed by the undersigned,
thereunto duly authorized, as of the date first set forth above.


 


	 	SOUTHRIDGE PARTNERS
II, LP
	 	 
	 	By: 	Southridge Advisors LLC
	 	 	 
	 	 	 
	 	By: 	/s/  Stephen Hicks 
	 	 	Name: Stephen Hicks
Title:
Manager






 





	 	EL CAPITAN PRECIOUS METALS,
INC.
	 	 
	 	 
	 	By: 	/s/  John F. Stapleton
	 	 	Name: John F. Stapleton
Title: Chief Financial
Officer



 


 



    	2
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

March 21, 2008 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 134320 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, CRAWFORD COUNTY and KALKASKA Justices 

COUNTY, 

Plaintiffs-Appellees, 

v SC: 134320 

 COA: 254180 

Otsego CC: 02-010014-CZ 

OTSEGO COUNTY,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the March 27, 2007 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. A public 

question being involved, and in light of the relationships between the parties, no costs are 

awarded. 

KELLY, J., would grant leave to appeal. 

d0318 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

March 21, 2008 

Clerk
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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-94,425-01

EX PARTE JAMES HENRY NOLAN, III, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 22CR2706-83-1 IN THE 122ND DISTRICT COURT

FROM GALVESTON COUNTY

Per curiam. YEARY, J. filed a concurring opinion.

O P I N I O N

Applicant was convicted of possession of a controlled substance and sentenced to one year

imprisonment. The Applicant did not file a direct appeal. Applicant filed this application for a writ

of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See

TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends that his plea was involuntary because at the time of his plea, he was not

aware that the substance he possessed contained no controlled substances. The State agrees. Based

on the record, the trial court has determined that Applicant’s plea was involuntary.

Relief is granted. Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App. 2014), Brady v. United

States, 397 U.S. 742 (1970). The judgment in cause number 22CR2706 in the 122nd District Court
2

of Galveston County is set aside, and Applicant is remanded to the custody of the Sheriff of

Galveston County to answer the charges as set out in the indictment. The trial court shall issue any

necessary bench warrant within ten days from the date of this Court’s mandate.

Copies ofthis opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: February 15, 2023

Do not publish
<PAGE>



                                                                    Exhibit 99.5



                        Report of Independent Accountants


Chase Manhattan Bank USA, N.A., Transferor,
and
JPMorgan Chase Bank, Servicer

We have examined management's assertion, included in the accompanying Management
Report on Internal Control over Servicing of Securitized Credit Card
Receivables, that JPMorgan Chase Bank (the "Bank"), as servicer of the Chase
Master Trust, maintained effective internal control over servicing of
securitized credit card receivables as of December 31, 2003, based upon the
criteria for effective internal control established in "Internal Control -
Integrated Framework" issued by the Committee of Sponsoring Organizations of the
Treadway Commission. The Bank's management is responsible for maintaining
effective internal control over servicing of securitized credit card
receivables. Our responsibility is to express an opinion on management's
assertion based on our examination.

Our examination was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants and,
accordingly, included obtaining an understanding of internal control over
servicing of the securitized credit card receivables, testing and evaluating the
design and operating effectiveness of internal control, and performing such
other procedures as we considered necessary in the circumstances. We believe
that our examination provides a reasonable basis for our opinion.

Because of inherent limitations in any internal control, misstatement due to
error or fraud may occur and not be detected. Also, projections of any
evaluation of internal control over servicing of securitized credit card
receivables to future periods are subject to the risk that the internal control
may become inadequate because of changes in conditions, or that the degree of
compliance with the policies or procedures may deteriorate.

In our opinion, management's assertion that JPMorgan Chase Bank, as servicer of
the Chase Master Trust, maintained effective internal control over servicing of
securitized credit card receivables as of December 31, 2003, is fairly stated,
in all material respects, based upon the criteria for effective internal control
established in "Internal Control - Integrated Framework" issued by the Committee
of Sponsoring Organizations of the Treadway Commission.




/s/ PricewaterhouseCoopers LLP


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Exhibit 32.2


Certification Pursuant to


Section 906 of the Sarbanes-Oxley Act of 2002


(18 U.S.C. Section 1350)


In connection with the accompanying Quarterly Report of Noble Energy, Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2015 (the “Report”), I, Kenneth M. Fisher, Chief Financial Officer of the Company, hereby certify 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 (15 U.S.C. 78m or 78o(d)); and

|    |                                                                                                                                                     
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------
|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date:May 5, 2015/s/ Kenneth M. FisherKenneth M. FisherChief Financial Officer
**Exhibit 32.1**

**Certification Pursuant to**

**18 U.S.C. Section 1350**

In connection withthe Quarterly Report on Form 10-Q of CDRV Investors, Inc. (the “Company”)for the quarter ended March 31, 2007 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, John M. Ballbach,President and Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. § 1350, as adopted pursuant to the § 906 of the Sarbanes-Oxley Act of2002, that to the best of my knowledge:

(1)          The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and 

(2)          The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company. 

Dated: May 14, 2007
| /s/ JOHN M. BALLBACH                           |   |
|------------------------------------------------|--------|
| Name: John M. Ballbach                         |
| Title:*President and Chief  Executive Officer* |

 

----
SHLM-2013.02.28-EX-10.5






Exhibit 10.5


	
	
	Notice of Director Grant of
Other-Stock Based Award

	[Name]
[Address]
[Address]






Subject to the terms and conditions of the Amended and Restated 2006 Incentive Plan (the “Plan”) and the Award Agreement, you have been granted an award of unrestricted Shares, as follows:
	
		
	Grant Date:
	January 10, 2013

	Number of Shares:
	Your award consists of _____ unrestricted Shares.

	Vesting Schedule:
	None.

	Settlement:
	Your Award will be settled in Shares.






This Notice of Grant describes your Award and the terms and conditions of your Award.  To ensure you fully understand these terms and conditions, you should:


		
	•
	Read the Plan carefully to ensure you understand how the Plan works; and




		
	•
	Read this Notice of Grant and corresponding Award Agreement carefully to ensure you understand the nature of your Award and what you must do to earn it.  




You may contact ___________ by telephone (____________) or email (_______________) if you have any questions about your Award or the Award Agreement.





1






A. SCHULMAN, INC.
AWARD AGREEMENT


A. Schulman, Inc. (the “Company”) believes that its business interests are best served by extending to you an opportunity to earn additional compensation based on the growth of the Company's business.  To this end, the Company adopted, and its stockholders approved, the Amended and Restated 2006 Incentive Plan (the “Plan”) as a means through which non-employee directors like you may share in the Company's success.  Capitalized terms that are not defined herein shall have the same meanings as in the Plan.


		
	1.
	Nature of Award.  Effective as of the date specified (the “Grant Date”) in the attached Notice of Grant (the “Grant Notice”), the Company hereby grants to the individual identified in the Grant Notice (the “Participant”) an award as set forth in the Grant Notice (the “Award”).  The Award is subject to the terms and conditions described in the Plan, this Award Agreement and the Grant Notice.




		
	2.
	Number of Shares.  The number of Shares in your Award is set forth in the Grant Notice.  The number of your Shares was determined by dividing the Director target amount for the equity portion of the annual retainer by the average reported closing price of a Share during the 30-day period ending on the day prior to the Grant Date, and rounding the resulting number of Shares to the nearest whole Share.




		
	3.
	Other Terms and Conditions.  




		
	(a)
	Governing Law.  This Award Agreement will be construed in accordance with and governed by the laws (other than laws governing conflicts of laws) of the State of Ohio, except to the extent that the Delaware General Corporation Law is mandatorily applicable.




		
	(b)
	Other Agreements.  Your Award is subject to the terms of any other written agreements between you and the Company or a Related Entity or Affiliate to the extent that those other agreements do not directly conflict with the terms of the Plan or this Award Agreement.











2
<PAGE>


                                                                    Exhibit 10.5


                                 PROMISSORY NOTE



$7,000.00                                                     Las Vegas, Nevada
                                                              October 31, 2002


FOR VALUE RECEIVED, Twin Lakes, Inc. (hereinafter referred to as "Maker"),
promises to pay to the order of Estancia LLC (hereinafter referred to as
"Holder"), 18 Highland Creek, Henderson, Nevada 89052, or at such other address
as Holder may designate in writing, the principal sum of Seven Thousand Dollars
($7,000) until paid, at the rate of six percent (6%) per annum.

The principal amount of the note shall be due and payable on or before 12/31/02.

Should the amount owing on this note not be paid when due, the entire unpaid
principal sum evidenced by this Note will, without notice to the Maker, become
due and payable.

Maker hereby waives presentment of payment, protect and demand, notice of
protest, demand and dishonor and nonpayment of this Note, and consents that the
holder may extend the time of payment or otherwise modify the terms of payment
or any part or whole of the indebtedness evidenced by this Note as the request
of any other person liable hereon, and consent shall not alter nor diminish the
liability of any party hereunder.

Maker may repay the indebtedness evidenced hereby in whole or in part from time
to time without premium or penalty.

As used herein, Holder shall include any subsequent holder of this Note. Maker
shall have no right to assign this Note without the consent of Holder, and in no
event shall any assignment of this Note by Maker act to release Maker from any
obligations hereunder unless such release is evidenced in writing by Holder.

This Note shall be governed by the laws of the State of Nevada.

Witness the hand of the undersigned this 31st day of October 2002.

                                      Twin Lakes, Inc.

                                      By: /s/ Johnny Thomas
                                          -------------------------------------
                                          Johnny Thomas, President