alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit
10.10 (b)




11/28/07




FIRST
AMENDMENT




TO
THE RURAL CELLULAR CORPORATION




KEY
EMPLOYEE




DEFERRED
COMPENSATION PLAN II




Effective
as of January 1, 2005, Rural Cellular Corporation (the “Company”) established
the Rural Cellular Corporation Key Employee Deferred Compensation Plan II (the
“Plan”), which Plan is now in full force and effect.  The Compensation
Committee of the Company’s Board of Directors now wishes to make certain changes
to the Plan and, to accomplish that purpose, it has adopted the following
amendments to the Plan:




1.
            The
      first sentence of Section 1.4 of the Plan (“Change in Control”) is amended
      in its entirety, to read as
follows:




“A Change
in Control shall occur upon the occurrence of a Change in the Ownership of the
Company, a Change in Effective Control of the Company, or a Change in Ownership
of the Company’s Assets.”




2.
            A
      new Section 4.8 is added at the end of Article 4 of the Plan, to read as
      follows:




“4.8           Payment upon a Change in
Control.  Notwithstanding the foregoing provisions of this
Article IV or of any other provision of the Plan to the contrary, and
notwithstanding any contrary election made by a Participant, payment of a
Participant’s Deferred Compensation shall be made to the Participant in a lump
sum within five days after the occurrence of a Change in Control; provided,
that: (a) no payments shall be made pursuant to this Section 4.8 before January
1, 2008; and (b) this Section 4.8 shall not be applied to delay any payment that
would otherwise have been made in 2007.”




This
amendment is effective as of December 31, 2007, and it shall be applicable with
respect to a Change in Control that occurs on, or after that
date.  The changes made by this amendment are intended to qualify for
the transitional relief set forth in Q&A-19(c) of IRS Notice 2005-1, as
amended and clarified by IRS Notices 2006-79 and 2007-86, and they shall be
interpreted, administered and construed consistent with said
intent.




IN WITNESS WHEREOF,the
Company has caused this instrument to be executed by its duly authorized
officer, this ____ of ___________________, 2007.






RURAL CELLULAR
CORPORATION




By









Its







The
undersigned hereby consent to the adoption of the foregoing amendments,
effective as of December 31, 2007.




Date:  December
31, 2007       /s/ Richard P.
Ekstrand




Richard P. Ekstrand






Date:
December 31, 2007       /s/ Ann K.
Newhall




Ann K. Newhall






Date:
December 31, 2007       /s/ Wesley E.
Schultz




Wesley E. Schultz
<PAGE>





                                                                 EXHIBIT 99.1



                      CERTIFICATION PURSUANT TO 18 U.S.C.
                      SECTION 1350, AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned certifies that:

(1)    The Annual Report on Form 10-K of SPSS Inc. for the period ended December
       31, 2002, as filed with the Securities and Exchange Commission on the
       date hereof (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 SPSS Inc.



Date:  March 31, 2003                By:    /s/ Jack Noonan
                                        -------------------------------------
                                        Jack Noonan
                                        President and Chief Executive Officer
`CERTIFICATION BY CHIEF FINANCIAL OFFICER
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 Annual Report of Call Now Inc. (the "Company") on Form 10-KSB for the period ended
December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I,
Thomas R Johnson, Chief Financial 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 to the best of my knowledge

(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 issuer.



March 25, 2004				_s/ Thomas R Johnson__









    Thomas R Johnson









    Chief Financial Officer`
[if !vml]>[endif]>
[if !vml]>[endif]>
You havereached the Federal Depository Library Program Electronic Collection (FDLP/EC)Archive. This archive assures ongoing access to publications in the FDLP/EC.Access to publications in the archive is available through GPO's suite ofcataloging and locator services, including the Catalog of U.S. GovernmentPublications.  Archived copies of publications are retrieved in the eventthat publications are no longer available from the original publishing agencysite. (Historical purposes)
**Title:Annual report**** 
SuDocNumber:A17.1:
ItemNumber:0095-E,0095-F
CGPsystem Number: 000388212
 
1993
1994
1995
1996
1997
1998
1999
 **
United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 13-5094 September Term, 2013

1:11-cv-00562-RLW

Filed On: February 7, 2014

Libertarian National Committee, Inc.,

Appellant

v.

Federal Election Commission,

Appellee

BEFORE: Tatel, Brown, and Pillard, Circuit Judges

O R D E R

Upon consideration of the motion for summary affirmance, the opposition

thereto, and the reply, it is

ORDERED that the motion for summary affirmance be granted. The merits of

the parties' positions are so clear as to warrant summary action. See Taxpayers

Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). This court

(more specifically, a three-judge panel of this court) has jurisdiction to review the district

court’s final order to the extent it partially denied the Committee’s motion to certify a

question to the en banc court. See Wagner v. FEC, 717 F.3d 1007, 1017 (D.C. Cir.

2013). The district court properly declined to certify the broad proposed question of

law, as framed by appellant. See California Med. Ass’n v. FEC, 453 U.S. 182, 192 n.14

(1981).

 

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk

is directed to withhold issuance of the mandate herein until seven days after resolution

of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App.

P. 41(b); D.C. Cir. Rule 41.

Per Curiam

USCA Case #13-5094 Document #1478819 Filed: 02/07/2014 Page 1 of 1
kld-ex106_16.htm



 

Exhibit 10.6

 

 

 

April 23, 2020

 

Dawn Wilson

 

 

Dear Ms. Wilson:

 

You were previously granted an award (the “RSU Award”) of 125,000 restricted stock units (“RSUs”) pursuant to the terms of the KLDiscovery Inc. 2019 Incentive Award Plan (the “Plan”) and an award agreement thereunder (the “RSU Agreement”).  As discussed, set forth below are the terms of our mutual agreement regarding changes in certain terms of the RSUs granted to you.

 

Effective as of the date hereof, you agree to forfeit, for no compensation, 6,667 of the RSUs subject to the RSU Award (the “Forfeited RSUs”) so that the shares otherwise subject to the Forfeited RSUs may be allocated to other participants in the Plan.  You will cease to have any rights with respect to the Forfeited RSUs as of the date hereof.  The RSU Agreement is hereby amended so that the “Number of RSUs” set forth therein shall equal 118,333 (the “Retained RSUs”) which shall be reduced ratably from each vesting tranche. 

 

Except as expressly set forth in this letter agreement, the RSU Agreement and the terms of your other contracts and compensatory arrangements with the Company remain unchanged and continue in full force and effect in accordance with and subject to their terms.  For the avoidance of doubt, the Retained RSUs will continue to be subject to the terms of the Plan and the RSU Agreement.

 

This letter agreement will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of laws provision or rule that would cause the application of the laws of any other jurisdiction.

 

Please indicate your agreement to the foregoing by returning a countersigned copy of this letter to me.  

 

Sincerely,

 

/s/ Andy Southam

 

Andy Southam 

General Counsel 

 

 

Accepted and agreed:

 

/s/ Dawn Wilson

Dawn Wilson

 

KLDiscovery Inc

8201 Greensboro Drive, Suite 300kldiscovery.com

McLean, VA 22102
#### § 211.3 Cooperation with State officers.

All forest officers will cooperate with State officials, insofar as practicable, to enforce State fire, game, and health laws. They are authorized to accept appointments, without compensation, as deputy State fire wardens, game wardens, and/or health officers whenever in the judgment of the Chief of the Forest Service the performance of the duties required by these offices will not interfere with their duties as Federal forest officers.

[1 FR 1261, Aug. 15, 1936]
II 

118TH CONGRESS 

1ST SESSION S. 735 

To strengthen the United States Interagency Council on Homelessness. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2023 

Mr. REED (for himself, Ms. COLLINS, Mr. VAN HOLLEN, Ms. CORTEZ MASTO, 

and Ms. KLOBUCHAR) introduced the following bill; which was read twice 

and referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To strengthen the United States Interagency Council on 

Homelessness. 

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

3 SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR 

4 INTERAGENCY COUNCIL ON HOMELESSNESS. 

5 (a) IN GENERAL.—Title II of the McKinney-Vento 

6 Homeless Assistance Act (42 U.S.C. 11311 et seq.) is 

7 amended— 

8 (1) in section 208 (42 U.S.C. 11318), by strik9 ing ‘‘to carry out this title $3,000,000 for fiscal year 

10 2010 and such sums as may be necessary for fiscal 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 735 IS

1 years 2011’’ and inserting ‘‘such sums as may be 

2 necessary to carry out this title’’; 

3 (2) by striking section 209 (42 U.S.C. 11319); 

4 and 

5 (3) by redesignating section 210 (42 U.S.C. 

6 11320) as section 209. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 The table of contents in section 101(b) of the McKinney9 Vento Homeless Assistance Act (42 U.S.C. 11301 note) 

10 is amended by striking the items relating to sections 209 

11 and 210 and inserting the following: 

‘‘Sec. 209. Encouragement of State involvement.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsThe Effect of Temperature Dependent Material Nonlinearities on the Response of Piezoelectric Composite PlatesPreviously developed analytical formulations for piezoelectric composite plates are extended to account for the nonlinear effects of temperature on material properties. The temperature dependence of the composite and piezoelectric properties are represented at the material level through the thermopiezoelectric constitutive equations. In addition to capturing thermal effects from temperature dependent material properties, this formulation also accounts for thermal effects arising from: (1) coefficient of thermal expansion mismatch between the various composite and piezoelectric plies and (2) pyroelectric effects on the piezoelectric material. The constitutive equations are incorporated into a layerwise laminate theory to provide a unified representation of the coupled mechanical, electrical, and thermal behavior of smart structures. Corresponding finite element equations are derived and implemented for a bilinear plate element with the inherent capability to model both the active and sensory response of piezoelectric composite laminates. Numerical studies are conducted on a simply supported composite plate with attached piezoceramic patches under thermal gradients to investigate the nonlinear effects of material property temperature dependence on the displacements, sensory voltages, active voltages required to minimize thermal deflections, and the resultant stress states.Document ID19980017194Acquisition SourceLegacy CDMSDocument TypeTechnical Memorandum (TM)AuthorsLee, Ho-Jun*(NASA Lewis Research Center Cleveland, OH United States)*Saravanos, Dimitris A.*(Ohio Aerospace Inst. Brook Park, OH United States)*Date AcquiredSeptember 6, 2013Publication DateNovember 1, 1997Subject CategoryComposite MaterialsReport/Patent NumberNAS 1.15:206216E-10952NASA/TM-97-206216Funding Number(s)PROJECT: RTOP 523-21-13Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19980017194.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
#### § 331.25 Violation of regulations.

Anyone violating the provisions of this regulation shall be subject to a fine of not more than $500 or imprisonment for not more than 6 months, or both. All persons designated by the Chief of Engineers, U.S. Army Corps of Engineers, for that purpose shall have the authority to issue a citation for the violation of these regulations, requiring the appearance of any person charged with violation to appear before the U.S. Magistrate within whose jurisdiction the violation occurred.
```

[Federal Register Volume 71, Number 196 (Wednesday, October 11, 2006)]
[Notices]
[Pages 59799-59800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8603]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Institute of Arthritis and Musculoskeletal and Skin 
Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of 
the Board of Scientific Counselors, NIAMS.
    The meeting will be closed to the public as indicated below in 
accordance with the provisions set forth in sections 552b(c)(6), Title 
5 U.S.C., as amended for the review, discussion, and evaluation of 
individual intramural programs and projects conducted by the National 
Institute of Arthritis and Musculoskeletal and Skin Diseases, including 
consideration of personnel qualifications and performance, and the 
competence of individual investigators, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Board of Scientific Counselors, NIAMS.
    Date: November 6-7, 2006.
    Time: November 6, 2006, 6:30 p.m. to 9:30 p.m.

[[Page 59800]]

    Agenda: To review and evaluate personnel qualifications and 
performance, and competence of individual investigators.
    Place: Doubletree Hotel Bethesda, 8120 Wisconsin Avenue, 
Bethesda, MD 20814.
    Time: November 7, 2006, 8 a.m. to 3:30 p.m.
    Agenda: To review and evaluate personnel qualifications and 
performance, and competence of individual investigators.
    Place: National Institutes of Health, Building 31, 31 Center 
Drive, Conference Room 4C32, Bethesda, MD 20892.
    Contact Person: John J. O'Shea, MD, PhD, Scientific Director, 
National Institute of Arthritis & Musculoskeletal and Skin Diseases, 
Building 10, Room 9N262 MSC 1820, Bethesda, MD 20892, (301) 496-
6026, [email protected].

(Catalogue of Federal Domestic Assistance Program Nos. 93.846, 
Arthritis, Musculoskeletal and Skin Diseases Research, National 
Institutes of Health, HHS)

    Dated: October 4, 2006.
Anna Snouffer,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 06-8603 Filed 10-10-06; 8:45 am]
BILLING CODE 4140-01-M
```
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-1296
SECRETARY OF CONGRESS, Plaintiff - Appellant, versus STATE OF MARYLAND, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Frederic N. Smalkin, Chief District Judge. (CA-02-698-MJG) Submitted: May 16, 2002 Decided: May 22, 2002 Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Secretary of Congress, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: The Appellant, who refers to himself as the Secretary of Congress of the United States, appeals the district court’s order dismissing his civil action against the State of Maryland as legally frivolous. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Secretary of Congress v. Maryland , No. CA-02-698-MJG (D. Md. Mar. 5, 2002). 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.

AFFIRMED
Exhibit 10.5
​
IDEANOMICS, INC.
​
AMENDMENT TO TERMS OF
CONVERTIBLE PROMISSORY NOTE &
ADVANCE PAYMENTS
​
This AMENDMENT TO CONVERTIBLE PROMISSORY NOTE & ADVANCE PAYMENTS (the “Amendment”), effective as of June 5, 2020 (the “Effective Date”), is by and among IDEANOMICS, INC., a Nevada corporation (the “Company”), SUN SEVEN STARS INVESTMENT GROUP LIMITED (“SSS”) and BRUNO WU (“Wu”, together with SSS, the “Payees”).
​
WHEREAS, the Company and the Payees are parties to (i) a promissory note in the amount of $1,502,300, inclusive of outstanding interest, held by Sun Seven Stars Investment Group Limited, an affiliate of Mr. Bruno Wu, (the “Wu Note”); and (ii) advances to the Company in the amount of $1,585,900 made by affiliates of Mr. Bruno Wu, (the “Wu A/P”);  and
​
WHEREAS, the Company and the Payees desire to amend the Note and Advances as provided herein;
​
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
​
1.    Effective as of the Effective Date, the principal amount and all accrued and unpaid interest of the Wu Note and the Wu A/P may be converted into shares of the Company’s common stock, par value $0.001 (the “Common Stock”), at a per share conversion price equal to $0.59 contingent upon the immediate conversion of the Wu Note and the Wu A/P.
​
2.    Except as expressly amended by this Amendment, the terms and conditions of the Note are hereby confirmed and shall remain in full force and effect without impairment or modification.
​
3.    This Amendment shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.
​
4.    This Amendment may be executed electronically via email or facsimile and in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
​
[Remainder of Page Intentionally Left Blank]
​
​



​
IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of the day and year first above written.
​
​
	​


	​


	​


	​



	​
	IDEANOMICS, INC.

	​
	​

	​
	By: 
	/s/ Alf Poor

	​
	​
	Name:
	Alf Poor

	​
	​
	Title:
	Chief Executive Officer

	​
	​
	​

	​
	​
	​

	​
	​
	BRUNO WU

	​
	​
	 

	​
	​
	/s/ Bruno Wu

	​
	​
	​

	​
	​
	SUN SEVEN STARS INVESTMENT GROUP LIMITED

	​
	​
	 

	​
	​
	By:  
	/s/ Bruno Wu

	​
	​
	Name:
	Bruno Wu

	​
	​
	Title:
	Chairman



​
§ 272.1 Definitions. ( a ) The term *Woodsy Owl* means the name and representation of a fanciful owl, who wears slacks (forest green when colored), a belt (brown when colored), and a Robin Hood style hat (forest green when colored) with a feather (red when colored), and who furthers the slogan, *Give a Hoot, Don't Pollute,* originated by the Forest Service of the United States Department of Agriculture, or a facsimile or simulation thereof, in such a manner as suggests *Woodsy Owl.*
( b ) The term *Chief* means the Chief of the Forest Service, U.S. Department of Agriculture, or person designated to act for him.
[36 FR 23220, Dec. 7, 1971, as amended at 40 FR 12641, Mar. 20, 1975]
[Cite as Thomas v. Tibbals, 2012-Ohio-1904.]

IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

GARY THOMAS : JUDGES: 

 : Hon. Patricia A. Delaney, P.J. 

 Petitioner : Hon. Sheila G. Farmer, J. 

 : Hon. John W. Wise, J. 

-vs- : 

 : CASE NO. 11CA119 

TERRY TIBBALS, WARDEN : 

 : 

 : OPINION

 Respondent : 

CHARACTER OF PROCEEDING: Writ of Habeas Corpus 

JUDGMENT: Dismissed 

DATE OF JUDGMENT ENTRY: April 20, 2012 

 

APPEARANCES: 

For Petitioner: For Respondent: 

 

Gary Thomas-A-601-988 No Appearance 

Mansfield Correctional Camp 

1150 N. Main Street 

Mansfield, Ohio 44901 
Richland County, Case No. 11CA119 1 

Delaney, P.J. 

{¶1} Petitioner, Gary Thomas, has filed an “Original Action in Habeas Corpus” 

as well as a Motion for Default Judgment. Petitioner alleges a writ of habeas 

corpus should be granted to release Petitioner from prison because Petitioner 

has not received proper jail time credit. 

{¶2} According to the petition, Petitioner was sentenced to a term of 

incarceration in Cuyahoga County Common Pleas Case Number CR 08-507478. 

The conviction in that case was overturned by the Eighth District Court of 

Appeals. Petitioner was subsequently indicted in Cuyahoga County Common 

Pleas Case Number CR 10-545714. It is Petitioner’s position he should be 

released because he should have been given jail time credit in Case Number 10-

545714 for the time served in Case Number 08-507478. 

{¶3} The Supreme Court has held habeas corpus does not lie to challenge jail 

time credit, “[Petitioner] had an adequate remedy by appeal to raise any error by 

the trial court in calculating his jail-time credit. State ex rel. Rudolph v. Horton,

119 Ohio St.3d 350, 2008-Ohio-4476, 894 N.E.2d 49, ¶ 3.” Hughley v. 

Saunders, 123 Ohio St.3d 446, 2009-Ohio-5585, 917 N.E.2d 270, ¶ I. 
Richland County, Case No. 11CA119 2 

{¶4} Because habeas corpus does not lie to challenge the trial court’s 

failure to grant jail time credit, the petition is dismissed for failure to state a 

claim upon which relief may be granted. 

 

By: Delaney, P.J. 

 Farmer, J. and 

 Wise, J. concur 

 ____________________________ 

 HON. PATRICIA A. DELANEY 

 ____________________________ 

 HON. SHEILA G. FARMER 

 ____________________________ 

 HON. JOHN W. WISE 
IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

GARY THOMAS : CASE NO. 11CA119 

 : 

 Petitioner : 

 : 

-vs- : JUDGMENT ENTRY

 : 

TERRY TIBBALS, WARDEN : 

 : 

 : 

 Respondent : 

 For the reasons stated in our accompanying Memorandum-Opinion, this 

cause is dismissed. 

Costs taxed to Petitioner. 

 ______________________________ 

 HON. PATRICIA A. DELANEY 

 ______________________________ 

 HON. SHEILA G. FARMER 

 ______________________________ 

 HON. JOHN W. WISE