alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.3 FOUNDERS' UNITS SUBSCRIPTION AGREEMENT



 







Exhibit 10.3




FOUNDERS’
UNITS SUBSCRIPTION AGREEMENT




TO THE BOARD OF DIRECTORS OF

FREEDOM ACQUISITION HOLDINGS, INC.:




          Marlin Equities II, LLC hereby subscribes for FOUR MILLION SIX HUNDRED TWENTY-SEVEN THOUSAND
FIVE HUNDRED (4,827,500) units (“Units”) of Freedom Acquisition Holdings, Inc., a Delaware
corporation (the “Corporation”) for an aggregate purchase price of TWELVE THOUSAND THREE
HUNDRED AND FORTY DOLLARS AND 01/100 ($12,340.01), the receipt and sufficiency of which is hereby
acknowledged. Each Unit shall consist of (i) one (1) share of the Corporation’s common stock, par
value $0.0001 per share (the “Common Stock”) and (ii) one (1) warrant to purchase one share
of Common Stock of the Corporation at $6.00 per share (each, a “Warrant”). Upon receipt by
the Corporation of said consideration on this date, the Corporation shall issue to the undersigned
a stock and warrant certificate or certificates (or, if not certificated, provide documentation
reflecting the registration in the name of the undersigned on the stock and warrant ledgers of the
Corporation) representing such fully paid and non-assessable shares of Common Stock and Warrants of
the Corporation. The subscription will represent forty-nine and four-tenths percent (49.4%) of the
total number of outstanding shares of Common Stock and Warrants of the Corporation. Following such
issuance of shares of Common Stock and Warrants of the Corporation, the capitalization of the
Corporation shall be as set forth on Schedule A hereto.




[Signature Page to Follow]






 









 





	 	 	 	 	 	 	 	 	 
	Dated: July 20, 2006	 	MARLIN EQUITIES II, LLC
	 
	 	 	 	 	 	 	 	 
	 

	 	By:
	 	/S/ IAN ASHKEN	 	 	 	 
	 

	 	 	 	 	 	 	 	 
	 

	 	Name:
	 	Ian Ashken	 	 	 	 
	 

	 	Title:
	 	Authorized Signatory	 	 	 	 
	Accepted and Agreed on this

20th  day of July 2006:

	 	 	 	 	 	 	 	 






	 	 	 	 	 
	FREEDOM ACQUISITION HOLDINGS, INC.	 	 
	 
	 	 	 	 
	By:

	 	/S/ NICOLAS BERGGRUEN
 

	 	 
	Name:

	 	Nicolas Berggruen	 	 
	Title:

	 	President	 	 






 









 






SCHEDULE A




Capitalization of Freedom Acquisition Holdings, Inc.




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Number of	 	Number of	 	Number of	 	Number of
	Stockholder	 	Units	 	Shares	 	Warrants	 	Ownership
	Berggruen Holdings North America Ltd.
	 	 	4,627,500	 	 	 	4,627,500	 	 	 	4,627,500	 	 	 	49.4	%
	Marlin Equities II, LLC
	 	 	4,627,500	 	 	 	4,627,500	 	 	 	4,627,500	 	 	 	49.4	%
	Herbert A. Morey
	 	 	40,000	 	 	 	40,000	 	 	 	40,000	 	 	 	0.4	%
	William P. Lauder
	 	 	40,000	 	 	 	40,000	 	 	 	40,000	 	 	 	0.4	%
	James N. Hauslein
	 	 	40,000	 	 	 	40,000	 	 	 	40,000	 	 	 	0.4	%
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Total
	 	 	9,375,000	 	 	 	9,375,000	 	 	 	9,375,000	 	 	 	100	%
#### MURRAY v. SIMPSON.

(Supreme Court, Appellate Division, First Department.

November 27, 1914.)

Action by Charles C. Murray, as receiver, etc., against Robert H. Simpson, individually and as executor, etc.

No opinion. Motion to dismiss appeal granted, without costs. Order filed. See, also, 150 N. Y. Supp. 1098.
[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Notices]
[Page 82407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32946]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0118]


Agency Information Collection Activities; Announcement of Office 
of Management and Budget Approval; Prior Notice of Imported Food Under 
the Public Health Security and Bioterrorism Preparedness and Response 
Act of 2002

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled ``Prior Notice of Imported Food 
Under the Public Health Security and Bioterrorism Preparedness and 
Response Act of 2002'' has been approved by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of 
Information Management, Food and Drug Administration, 1350 Piccard Dr., 
PI50-400B, Rockville, MD 20850, 301-796-3793.

SUPPLEMENTARY INFORMATION: In the Federal Register of May 28, 2010 (75 
FR 30036), the Agency announced that the proposed information 
collection had been submitted to OMB for review and clearance under 44 
U.S.C. 3507. An Agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has now approved the 
information collection and has assigned OMB control number 0910-0520. 
The approval expires on December 31, 2013. A copy of the supporting 
statement for this information collection is available on the Internet 
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: December 23, 2010.
David Dorsey,
Acting Deputy Commissioner for Policy, Planning and Budget.
[FR Doc. 2010-32946 Filed 12-29-10; 8:45 am]
BILLING CODE 4160-01-P
Editorial Note on Part 180
Editorial Note: Nomenclature changes to part 180 appear at 79 FR 75879, Dec. 19, 2014.

§ 180.1010 Suspending official. ( a ) *Suspending official* means an agency official who is authorized to impose suspension. The suspending official is either: ( 1 ) The agency head; or
( 2 ) An official designated by the agency head.
§ 76.131 Violations. ( a ) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of: ( 1 ) The Atomic Energy Act of 1954, as amended;
( 2 ) Title II of the Energy Reorganization Act of 1974, as amended;
( 3 ) A regulation or order issued pursuant to those Acts.
( b ) The Commission may obtain a court order for the payment of a civil penalty imposed under Section 234 of the Atomic Energy Act of 1954, as amended, or under Section 1312(e) of the Atomic Energy Act of 1954, as amended, and Section 206 of the Energy Reorganization Act of 1974, as amended, for violations of: ( 1 ) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, 109, or 1701 of the Atomic Energy Act of 1954, as amended;
( 2 ) Section 206 of the Energy Reorganization Act;
( 3 ) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1) of this section;
( 4 ) Any term, condition, or limitation of any certificate of compliance or approved compliance plan issued under the sections specified in paragraph (b)(1) of this section.
[62 FR 6671, Feb. 12, 1997]
#### § 1402.103 What other policies or procedures must non-Federal entities follow?

Non-Federal entities must follow bureau or office policies and procedures as communicated in notices of funding opportunity (NOFOs) and award terms and conditions. In the event such policies or procedures conflict with 2 CFR part 200 or this part, 2 CFR part 200 or this part will supersede, unless otherwise authorized by Federal statute.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-QSB
FOR THE PERIOD ENDED SEPTEMBER, 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>                                         513,955
<SECURITIES>                                         0
<RECEIVABLES>                                    8,150
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               522,105
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 538,348
<CURRENT-LIABILITIES>                           81,310
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        64,313
<OTHER-SE>                                     392,725
<TOTAL-LIABILITY-AND-EQUITY>                   538,348
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                  133,526
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (133,526)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (133,526)
<DISCONTINUED>                                 684,459
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   550,933
<EPS-BASIC>                                       0.88
<EPS-DILUTED>                                     0.85


</TABLE>
Exhibit 32.2



                            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 The  Topps  Company,  Inc.  (the
"Company")  on Form 10-Q for the  period  ended May 28,  2005 as filed  with the
Securities  and  Exchange  Commission  on the date  hereof  (the  "Report"),  I,
Catherine K. Jessup,  Vice President,  Chief Financial  Officer and Treasurer of
the Company,  certify,  pursuant to 18 U.S.C.  ss.1350,  as adopted  pursuant to
ss.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 as amended; 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/ Catherine K. Jessup
                                        ----------------------
                                           Catherine K. Jessup
                                     Vice President-Chief Financial
                                          Officer and Treasurer

July 7, 2005
a 

LANCASTER 

AIRPORT 

Chairman 

Marvin E. Miller, Jr. 

Vice Chairman 

Russell S. Howell 

Treasurer 

Valerie Moul 

Secretary 

James J. Cunningham 

Asst. Secretary & 

Asst. Treasurer 

G. Matthew Brown 

Airport Director 

David F. Eberly, Jr. 

Finance Administrator 

Cheryl L. Martin 

Facilities Administrator 

Austin J. Beiler 

Alliance Aviation 

Manager 

Mary G. Stauffer 

October 10, 2014 

Mr. Kevin Schlemmer 

Lancaster Airport Authority 

500 Airport Road • Suite G 

Lititz, PA 17543-9340 

Phone: (717) 569-1221 

Fax: (7 1 7) 569-1952 

Chief, Essential Air Service and Domestic Analysis Division 

United States Department of Transportation 

1200 New Jersey Ave SE 

Washington D.C. 20590 

Dear Mr. Schlemmer: 

Over the past few months the Lancaster Airport has been in communication with 

Sun Air Express regarding the potential of shifting some or all of Lancaster's 

(LNS) existing EAS flights from Washington Dulles International (lAD) to 

Pittsburgh International Airport (PIT). 

We have explored Pittsburgh as a new destination, and have concluded there is 

significant interest in the local community to provide air service from LNS to 

PIT. Similarly, Western Pe1msylvania would have an economical and 

convenient route to south-central Pennsylvania including the state capital of 

Harrisburg. 

The Lancaster Airpm1 Authority respectfully requests the United States 

Depmtment of Transportation establish Lancaster to Pittsburgh as an approved 

route, in addition to the already established Washington Dulles. 

I would like to thank you in advance for your consideration of our request. If 

you have any questions I can be reached at 717-569-1221 or via email at 

Q.eberlv@lancasterairQOlt.com 

David F. Ebl , Jr. 

Airport J ector 

.. Take the EASY way out! .. 

FLY LANCASTER AIRPORT
Exhibit 32.1


CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER AND


CHIEF FINANCIAL OFFICER PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


The undersigned hereby certifies, in accordance with 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in his capacity as an officer of Evolus, Inc., that the Annual Report on Form 10-K of Evolus, Inc. for the year ended December 31, 2017 fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 and that the information contained in such report fairly presents, in all material respects, the financial condition and results of operations of Evolus, Inc.





Date: March 29, 2018By:/s/ Murthy Simhambhatla, Ph.D.Murthy Simhambhatla, Ph.D.Chief Executive Officer, President and Chairman of the Board(Principal Executive Officer and Principal Financial Officer)
#### In the Matter of Sara W. Merring, Petitioner, v Alan G. Hevesi, as State Comptroller, et al., Respondents.

[814 NYS2d 411]

Cardona, P.J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for disability retirement benefits.

Petitioner, a keyboard specialist with the Department of Mental Hygiene, sustained various personal injuries in several incidents which occurred between February 1990 and August 2000. Her subsequent application for disability retirement benefits was denied on the basis that she was not permanently incapacitated from performing her job duties.

Our review of the record reveals substantial evidence supporting respondent Comptroller’s determination that petitioner was ineligible for disability retirement benefits pursuant to Retirement and Social Security Law article 15 *(see Matter of Hoehn v Hevesi,*14 AD3d 761, 762 [2005], *lv denied*4 NY3d 708 [2005]; *Matter of Porter v McCall,*305 AD2d 920, 921 [2003]). To that end, we note that the Comptroller “is vested with the authority to weigh the conflicting opinions of medical experts and to credit the opinion of one expert over that of another” *(Matter of Collins v New York State & Local Retirement Sys.,*5 *1203AD3d 817, 818 [2004]; *see Matter of Flynn v McCall,*1 AD3d 686, 686-687 [2003]), and his or her determination need only be “supported by credible evidence ‘in the form of an articulated, rational, and fact-based medical opinion’ ” *(Matter of Hoehn v Hevesi, supra*at 762, quoting *Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund,*90 NY2d 139, 148 [1997]). Although petitioner presented medical evidence that her injuries prevented her from performing her usual job functions, contrary evidence was also offered. Specifically, an orthopedist who treated petitioner opined that, while her injuries did result in a permanent partial disability, she remains capable of the duties required of a keyboard specialist. In addition, an orthopedic surgeon who evaluated petitioner and reviewed her medical history at the request of respondent New York State and Local Retirement System opined that, with the exception of reaching above her head, petitioner would not have any problems performing her normal job responsibilities, including sitting, filing and typing. We do not agree with petitioner’s assertion that the orthopedic surgeon’s opinion was deficient because her examination of petitioner was cursory and incomplete, as the opinion was not “so lacking in foundation or rationality as to preclude the Comptroller from exercising the authority to evaluate conflicting medical opinions” *(Matter of Piekiel v McCall,*282 AD2d 922, 924 [2001]). In view of our disposition, we need not address petitioner’s remaining claims.

Mercure, Spain, Mugglin and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
H. Res. 3

In the House of Representatives, U.S.,

January 4, 2005.

Resolved, That a committee of two Members be appointed by the Speaker on the part of the House of Representatives to join with a committee on the part of the Senate to notify the President of the United States that a

quorum of each House has assembled and Congress is ready

to receive any communication that he may be pleased to

make.

Attest:

Clerk.
###### Editorial Note on Part 72

#### Editorial Note:

Nomenclature changes to part 72 appear at 80 FR 74981, Dec. 1, 2015, and at 81 FR 86910, Dec. 2, 2016.

#### § 72.202 Participation in license reviews.

States, local governmental bodies and affected, Federally-recognized Indian Tribes may participate in license reviews as provided in Subpart C of Part 2 of this chapter.

[69 FR 2280, Jan. 14, 2004]
§ 824.4 Civil penalties. ( a ) Any person who violates a classified information protection requirement of any of the following is subject to a civil penalty under this part: ( 1 ) 10 CFR part 1016—Safeguarding of Restricted Data;
( 2 ) 10 CFR part 1045—Nuclear Classification and Declassification; or
( 3 ) Any other DOE regulation or rule (including any DOE order or manual enforceable against the contractor or subcontractor under a contractual provision in that contractor's or subcontractor's contract) related to the safeguarding or security of classified information if the regulation or rule provides that violation of its provisions may result in a civil penalty pursuant to subsection a. of section 234B. of the Act.
( b ) If, without violating a classified information protection requirement of any regulation or rule under paragraph (a) of this section, a person by an act or omission causes, or creates a risk of, the loss, compromise or unauthorized disclosure of classified information, the Secretary may issue a compliance order to that person requiring the person to take corrective action and notifying the person that violation of the compliance order is subject to a notice of violation and assessment of a civil penalty. If a person wishes to contest the compliance order, the person must file a notice of appeal with the Secretary within 15 days of receipt of the compliance order.
( c ) The Director may propose imposition of a civil penalty for violation of a requirement of a regulation or rule under paragraph (a) of this section or a compliance order issued under paragraph (b) of this section, not to exceed $182,916 for each violation.
( d ) If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty.
( e ) The Director may enter into a settlement, with or without conditions, of an enforcement proceeding at any time if the settlement is consistent with the objectives of DOE's classified information protection requirements.
[70 FR 3607, Jan. 26, 2005, as amended at 74 FR 66033, Dec. 14, 2009; 79 FR 19, Jan. 2, 2014; 81 FR 41795, June 28, 2016; 81 FR 96352, Dec. 30, 2016; 83 FR 1292, Jan. 11, 2018; 83 FR 66083, Dec. 26, 2018; 85 FR 830, Jan. 8, 2020; 86 FR 2956, Jan. 14, 2021; 87 FR 1064, Jan. 10, 2022; 88 FR 2194, Jan. 13, 2023; 89 FR 1029, Jan. 9, 2024]
##### 



Exhibit 32.1

CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF TITLE 18,
UNITED STATES CODE)

In connection with the Quarterly Report of Del Taco Income Properties IV (the
Company) on Form 10-Q for the period ended September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the Report), each
of the undersigned officers of the Company, certify, pursuant to 18 U.S.C. §
1350, as adopted pursuant to § 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.

Date:
    
    November 14, 2003
    
    /s/ Kevin K. MoriartyKevin K. MoriartyDirector, Chairman and
Chief Executive OfficerDate:
    
    November 14, 2003
    
    /s/ Robert J. TerranoRobert J. TerranoExecutive Vice President,
Chief Financial Officer
CERTIFICATE OF SERVICE

I hereby certify that on this 20 th day of May, 2013, a copy of the foregoing was served via

electronic mail on the parties named below:

________________________________ Vanessa C. Krasniewicz

russell.bailey@alpa.org robert.cohn@hoganlovells.com

rsilverberg@sgbdc.com patrick.rizzi@hoganlovells.com

mgoldman@sgbdc.com jhill@dowlohnes.com

msinick@ ssd .com perkmann@dowlohnes.com

esauer@ ssd .com robert.land@jetblue.com

cdonley@ ssd .com efaberman@wileyrein.com

robert.wirick@aa.com kevin.montgomery@polaraircargo.com

francis.heil@aa.com bob.kneisley@wnco.com

james.kaleigh@aa.com dan.weiss@united.com

gmurphy@crowell.com steve.morrissey@united.com

lhalloway@crowell.com karine.faden@united.com

rpommer@atlasair.com thomas.bolling@united.com

sametta.c.barnett@delta.com anita.mosner@hklaw.com

sascha.vanderbellen@delta.com jennifer.nowak@hklaw.com

scott.mcclain@delta.com howard.kass@usairways.com

nssparks@fedex.com benjamin.slocum@usairways.com

gbleopard@fedex.com dwight.moore@ustranscom.mil

cefelts@fedex.com william.stallings@usdoj.gov

jyoung@yklaw.com esta.rosenberg@dot.gov

dkirstein@yklaw.com paul.gretch@dot.gov

dmrosenthal@jamhoff.com todd.homan@dot.gov

dpdean@jamhoff.com bob.goldner@dot.gov

mlbenge@zsrlaw.com peter.irvine@dot.gov

rdmathias@zsrlaw.com reese.davidson@dot.gov

cjsimpson@zsrlaw.com john.allen@faa.gov

dhainbach@ggh

- airlaw.com urskr@state.gov

mroller@rollerbauer.com
#### The People of the State of New York, Respondent, v Allan Handler, Appellant.

Judgment of the County Court, Orange County, rendered December 21, 1979, affirmed. No opinion. This case is remitted to the County Court, Orange County, for further proceedings pursuant to CPL 460.50 (subd 5). Hopkins, J. P., Damiani, Titone and O’Connor, JJ., concur.