alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.4

 

Execution Version

 

NorthStar Asset Management Group, Inc.

 

October 13, 2016

 

Ronald Lieberman

c/o NorthStar Asset Management Group Inc.

399 Park Avenue, 18th Floor

New York, NY  10022

 

Dear Ron:

 

The purpose of this letter is to amend the letter agreement entered into by and among you Northstar Asset Management Group Inc. (“NSAM”) and NorthStar Realty Finance Corp. (“NRF”) dated as of June 2, 2016 (the “Original Letter Agreement”).  All capitalized terms in this letter that are not otherwise defined will have the meaning set forth in the Original Letter Agreement.

 

The parties acknowledge and agree that the last sentence of the third paragraph of the Original Letter Agreement will be deleted and replaced in its entirety by the following:

 

“The number of Shares subject to the Replacement Award will be determined by dividing (i) $5,416,813 by (ii) the greater of (A) the volume weighted average price of a Share over the first five trading days immediately following the Closing Date and (B) $15 per Share.”

 

Except as expressly amended hereby, the Original Letter Agreement shall remain in full force and effect in accordance with its original terms.

 

This letter agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together will constitute one and the same instrument.

 

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

 











 

Please sign below to indicate your acknowledgement and acceptance of the terms of this side letter.

 

 

	
 
    	
Very   truly yours, 

 

NORTHSTAR   ASSET MANAGEMENT GROUP INC.
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
/s/   ALBERT TYLIS
    
	
 
    	
Name:
    	
Albert   Tylis
    
	
 
    	
Title:
    	
President
    


 

 

Agreed to and acknowledged

as of the 13th day of October, 2016:

 

 

	
/s/ RONALD LIEBERMAN
    	
 
    


 

[SIGNATURE PAGE LIEBERMAN SIDE LETTER]

 











 

Agreed to and acknowledged by:

 

NORTHSTAR REALTY FINANCE CORP.

 

	
By:
    	
/s/   DEBRA A. HESS
    	
 
    
	
Name:
    	
Debra   A. Hess
    	
 
    
	
Title:
    	
Chief   Financial Officer
    	
 
    


 

[SIGNATURE PAGE LIEBERMAN SIDE LETTER]
Exhibit 23.1


                   CONSENT OF INDEPENDENT ACCOUNTANTS




    We consent to the incorporation by reference in the registration
statements for the Ionics 1997 Stock Incentive Plan on Form S-8
(registration no. 333-29135); the 1979 Stock Option Plan on Form S-8
(registration nos. 333-05225, 33-54293, 33-41598, 33-5814, 33-14194, 2-
64255, 2-72936 and 2-82780); in the registration statement for the Ionics
Section 401(k) Stock Savings Plan on Form S-8 (registration no. 33-2092);
in the registration statement for the Ionics 1994 Restricted Stock Plan
(No. 33-59051); and in the registration statement for the Ionics 1986
Stock Option Plan for Non-Employee Directors (registration no. 33-54400),
of our reports, dated February 19, 1999, on our audits of the consolidated
financial statements and the financial statement schedule of Ionics,
Incorporated as of December 31, 1998 and 1997, and for each of the three
years in the period ended December 31, 1998, which are included or
incorporated by reference in this Annual Report on Form 10-K.



                                  /s/PRICEWATERHOUSECOOPERS, LLP



Boston, Massachusetts
March 29, 1999


















                                   E-3
/76
Exhibit 10(f)

                             JACOBSON STORES INC.

                          Management Incentive Plan

Senior management incentives are based on accomplishing the key goals of our
business plan. Incentives are structured to strive for excellence.

The management incentive plan is designed to:

     o   foster an awareness of the Company's objective of consistent,
         profitable operation.

     o   motivate senior management to meet the shorter term needs of
         shareholders without sacrificing long-term profitability.

     o   encourage senior management to "stretch" for higher levels of
         performance in the future.

     o   establish target incentives for each participant so that each person
         is aware of what payout percentages can be expected with various
         levels of accomplishment.

     o   encourage retention of key employees.

The principal features of the plan include:

     o   participation limited to salaried officers of the Company.

     o   specific performance criteria and weightings established at the
         beginning of the year for each participant (at the most senior
         level, primary emphasis placed on corporate goal achievement; at the
         VP-Staff level, primary emphasis placed on individual goal
         achievement).

     o   potential payout as a percent of the base salary of each participant
         as follows:

                                      Threshold    Target     Maximum

Chairman/CEO/President                     0%        35%        52.2%
Vice Chairman                              0         30         45
EVP - Marketing & Stores                   0         30         45
SVPs                                       0         25         37.5
VP - Regional Director of Stores           0         20         30
VP - DMM                                   0         20         30
VP - Operations                            0         20         30
VP - Staff Positions                       0         15         22.5
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

BENJAMIN ELLIS,

Plaintiff, No. CIV S-04-1483 LKK CMK P

vs.

ALBONICO, et al.,

Defendants. ORDER & WRIT OF HABEAS CORPUS

 / AD TESTIFICANDUM

Edward Jackson, inmate #P-72462, a necessary and material witness in

proceedings in this case on April 20, 2010, is confined in California State Prison, Solano, in

Vacaville, California, in the custody of the Warden; in order to secure this inmate's attendance it

is necessary that a Writ of Habeas Corpus ad Testificandum issue commanding the custodian to

produce the inmate in Court, 15 Floor, Courtroom 4, United States Courthouse, 501 I Street, th

Sacramento, California on April 20, 2010, at 10:30 a.m. 

ACCORDINGLY, IT IS ORDERED that:

1. A Writ of Habeas Corpus ad Testificandum issue, under the seal of this court,

commanding the Warden to produce the inmate named above to testify in United States District

Court at the time and place above, and from day to day until completion of court proceedings or

as ordered by the court; and thereafter to return the inmate to the above institution; 

2. The custodian is ordered to notify the court of any change in custody of this

inmate and is ordered to provide the new custodian with a copy of this writ; and

3. The Clerk of the Court is directed to serve a courtesy copy of this order and

writ of habeas corpus ad testificandum on the Out-To-Court Desk, California State Prison -

Sacramento, P.O. Box 290007, Represa, California 95671.

WRIT OF HABEAS CORPUS AD TESTIFICANDUM

To: Warden Gary Swarthout, California State Prison, Solano, 2100 Peabody Road, P.O.

Box 4000, Vacaville, California 95696-4000:

WE COMMAND you to produce the inmate named above to testify before the

United States District Court at the time and place above, and from day to day until completion of

the proceedings or as ordered by the court; and thereafter to return the inmate to the above

institution.

FURTHER, you have been ordered to notify the court of any change in custody

of the inmate and have been ordered to provide the new custodian with a copy of this writ.

DATED: March 25, 2010

______________________________________

CRAIG M. KELLISON

UNITED STATES MAGISTRATE JUDGE

Case 2:04-cv-01483-LKK -CMK Document 160 Filed 03/26/10 Page 1 of 1
No. 52008.

#### Alfred Friedman Co., Inc. *v.*United States,

protests 648467-G, etc. (New York).

Opinion by

Kincheloe, J.

It was stipulated that the merchandise is the same in all material respects as the gloves which were the subject of *United States*v. *Julius Kayser & Co.*(33 C. C. P. A. 179, C. A. D. 333). The claim at 50 percent ad valorem under paragraph 915, plus any additional duty applicable under paragraph 924, was therefore sustained.
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

BENJAMIN ELLIS, No. CIV S-04-1483-LKK-CMK-P

Plaintiff, 

vs. ORDER

ALBONICO, et al.,

Defendants.

 /

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

to 42 U.S.C. § 1983. Pending before the court are defendants’ motions to dismiss and for

summary judgment (Docs. 45 & 46), both filed on May 15, 2006. On June 30, 2006, plaintiff

filed a document entitled “Notice to the Court in Ex Parte.” In that document, which was not

served on defendants’ counsel, plaintiff recites problems he is having with access to the prison

law library and seeks the appointment of counsel. 

As to plaintiff’s request for the appointment of counsel, the United States

Supreme Court has ruled that district courts lack authority to require counsel to represent

indigent prisoners in § 1983 cases. See Mallard v. United States Dist. Court, 490 U.S. 296, 298

(1989). In certain exceptional circumstances, the court may request the voluntary assistance of

Case 2:04-cv-01483-LKK -CMK Document 48 Filed 07/14/06 Page 1 of 2
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Plaintiff’s motion for reconsideration of the court’s January 10, 2006, order

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denying appointment of counsel will be addressed by separate order.

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counsel pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th

Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case,

the court does not at this time find the required exceptional circumstances.1

As to plaintiff’s assertions regarding access to the prison law library, in the

interest of justice the court will construe the document as a request for an extension of time to

file a response to defendants’ dispositive motions. So construed, and good cause appearing

therefor, plaintiff will be granted an extension of time.

Finally, in light of the extension of time granted herein, the court will sua sponte

vacate the deadlines for the parties to submit pre-trial statements until further order of the court.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff’s motion for appointment of counsel is denied; 

2. Plaintiff may file responses to defendants’ motions to dismiss and for

summary judgment within 30 days of the date of service of this order; and

3. The deadlines for the parties to file pre-trial statements are vacated

pending further order of the court.

DATED: July 13, 2006.

______________________________________

CRAIG M. KELLISON

UNITED STATES MAGISTRATE JUDGE

Case 2:04-cv-01483-LKK -CMK Document 48 Filed 07/14/06 Page 2 of 2
Exhibit






October 19, 2016
Mr. Matthew Plunkett 
CT1 BioPharma, Inc. 
3103 Western Avenue 
Suite #600 
Seattle, WA 98121
Re: Side Letter #2 on Term Sheet Timing Issues
Dear Mr. Plunkett:
Pursuant to Section 16.7 of the Development, Commercialization and License Agreement, dated November 14, 2013, as previously amended by that certain letter agreement re Side Letter on Term Sheet Timing Issues, dated September 19, 2016, between CTI BioPharma Corp. and Baxalta US Inc., as well as all other previous amendments (the “DCLA”), this letter, for good and valuable consideration, further amends that agreement.
The parties hereby agree that, notwithstanding anything to the contrary in the DCLA, if, as of 5:00pm Eastern Time on October 21, 2016, the parties have not reached a final signed agreement reflecting the terms contained within the nonbinding Term Sheet agreed to between the parties as of September 19, 2016, then (a) for purposes of computing any applicable termination period(s) and deadlines under Section 15.2 of the DCLA, September 13, 2016 shall be deemed the effective date of the notice of termination of the DCLA by Baxalta (but for the avoidance of doubt shall not be the effective date of the termination of the DCLA) and (b) the termination notice of September 13, 2016 shall be revived.
IN WITNESS WHEREOF, the Parties have executed this Side Letter.
CTI BIOPHARMA CORP.
By:  /s/ Matthew Plunkett        
Name:  Matthew Plunkett        
Title:  EVP, Chief Business Officer        
BAXALTA US INC. (on behalf of itself and its affiliates)
By:  /s/ Michael J. Bolton        
Name:  Michael J. Bolton        
Title: Head Counsel US Oncology & BioSimilars
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

FRED GRAVES,

Petitioner, No. CIV S-04-1272 DFL GGH P

vs.

MIKE KNOWLES, Warden, et al., 

Respondents. ORDER

 /

On April 7, 2005, petitioner submitted a notice of change of address. That

document was not served on respondents. Petitioner is advised that every document submitted to

the court for consideration must be served on respondents. Fed. R. Civ. P. 5; Rule 11, Fed. R.

Governing § 2254 Cases. Documents not to be served electronically are usually served by

placing a copy in the U.S. Mail. If an attorney has filed a document with the court on behalf of

respondents, then documents submitted by petitioner must be served on that attorney and not on

the respondent himself. Every document submitted conventionally to the court (e.g., by a

prisoner proceeding pro se) must include a certificate stating the date an accurate copy of the

document was mailed to respondents or their attorney and the address to which it was mailed. 

See Local Rule 5-135(b) and (c).

/////

Case 2:04-cv-01272-DFL-GGH Document 12 Filed 04/22/05 Page 1 of 2
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Accordingly, IT IS HEREBY ORDERED that within fifteen days from the date of

this order petitioner shall serve a copy of his April 7, 2005 notice of change of address and file

proper proof of said service. Petitioner is cautioned that failure to comply with this order may

result in imposition of sanctions. 

DATED: 4/22/05 

/s/ Gregory G. Hollows

GREGORY G. HOLLOWS

UNITED STATES MAGISTRATE JUDGE

GGH:bb

grav1272.135a

Case 2:04-cv-01272-DFL-GGH Document 12 Filed 04/22/05 Page 2 of 2
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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CHALRES T. DAVIS,

Plaintiff,

v.

C/O KISSINGER, et al.,

Defendants.

No. 04-cv-00878 TLN-DAD

ORDER 

Plaintiff is a state prisoner proceeding through counsel appointed on October 17, 2013 

(ECF 263.). Before the court appointed counsel, plaintiff filed a pretrial statement and various 

pretrial motions in connection with his pretrial statement. (See ECF 238-245, 248, 250.) In light 

of the appointment of counsel, as well as the court's recent scheduling of this matter for pretrial 

conference on August 28, 2013 (ECF 266), the court hereby denies plaintiff's pro se motions 

without prejudice to renewal by counsel.

Dated: January 10, 2014

Case 2:04-cv-00878-TLN-DAD Document 268 Filed 01/13/14 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE>                     5
<MULTIPLIER>                  1


<S>                                                 <C>
<PERIOD-TYPE>                                        12-MOS
<FISCAL-YEAR-END>                                             JUN-30-2000
<PERIOD-START>                                                JUL-01-1999
<PERIOD-END>                                                  JUN-30-2000
<CASH>                                                        4,045,523
<SECURITIES>                                                  0
<RECEIVABLES>                                                 2,574,499
<ALLOWANCES>                                                  0
<INVENTORY>                                                   2,341,199
<CURRENT-ASSETS>                                              9,032,787
<PP&E>                                                        3,489,694
<DEPRECIATION>                                                3,020,002
<TOTAL-ASSETS>                                                9,502,479
<CURRENT-LIABILITIES>                                         1,321,637
<BONDS>                                                       0
<COMMON>                                                      244,423
<PREFERRED-MANDATORY>                                         0
<PREFERRED>                                                   0
<OTHER-SE>                                                    7,936,419
<TOTAL-LIABILITY-AND-EQUITY>                                  9,502,479
<SALES>                                                       14,321,777
<TOTAL-REVENUES>                                              14,321,777
<CGS>                                                         13,027,450
<TOTAL-COSTS>                                                 13,027,450
<OTHER-EXPENSES>                                              0
<LOSS-PROVISION>                                              0
<INTEREST-EXPENSE>                                            0
<INCOME-PRETAX>                                               502,157
<INCOME-TAX>                                                  197,639
<INCOME-CONTINUING>                                           0
<DISCONTINUED>                                                0
<EXTRAORDINARY>                                               0
<CHANGES>                                                     0
<NET-INCOME>                                                  304,518
<EPS-BASIC>                                                 0.16
<EPS-DILUTED>                                                 0.15


</TABLE>
================================================================================

EXHIBIT 32.2               GAMBINO APPAREL GROUP, INC.

                  Certification of Principal Executive Officer
                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

I, Thomas Hagan, Chief Financial Officer of Gambino Apparel Group, Inc. (the
"Registrant"), certify that to the best of my knowledge, based upon a review of
the Quarterly Report on Form 10-QSB for the period ended September 30, 2005 of
the Registrant (the "Report"):

     (1) The Report fully complies with the requirements of Section 13(a)[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
     Registrant.


Dated:  05/04/2006           /s/ THOMAS HAGAN
                             -----------------------
                             Thomas Hagan
                             Chief Financial Officer















--------------------------------------------------------------------------------
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


October 26, 2016


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust 276


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for the series of Smart Trust set forth above (the “Trust”). We enclosed a list
of the Securities to be deposited in the Trust on the date hereof. The prices indicated therein reflect our evaluation of such
Securities as of close of business on October 25, 2016, in accordance with the valuation method set forth in the Standard Terms
and Conditions of Trust and Trust Agreement. We consent to the reference to The Bank of New York Mellon as the party performing
the evaluations of the Trust Securities in the Registration Statement (No. 333-212827) filed with the Securities and Exchange Commission
with respect to the registration of the sale of the Trust Units and to the filing of this consent as an exhibit thereto.


 


	 	Very truly yours,
	 	 
	 	/s/ GERARDO CIPRIANO
	 	Gerardo Cipriano
	 	Vice President
No. 63617.

protest 58/25284 (New York).

#### Little Tyke Togs *v.*United States,

Opinion by

Rao, J.

The protest was dismissed.
```

                                                                    Exhibit 32.2

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

                                  March 29, 2004

      In connection with the Annual Report on Form 10-K by Kaiser Aluminum
& Chemical Corporation, a Delaware corporation (the "Company"), for the
year ending December 31, 2003 (the "Report"), as filed on the date hereof
with the Securities and Exchange Commission, the undersigned, John T. La Duc,
Chief Financial Officer of the Company, does hereby certify, pursuant to
18 U.S.C. 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that to such officer's 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 as of the dates and for the periods expressed in the
           Report.

      IN WITNESS WHEREOF, the undersigned has executed this certification as of
the date first above written.

                                       /S/ John T. La Duc
                                           John T. La Duc
                                           Chief Financial Officer

A signed original of this written statement required by Section 906 has been
provided to Kaiser Aluminum & Chemical Corporation and will be retained by
Kaiser Aluminum & Chemical Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
```
Before the Second Division,

April 22, 1948

No. 52275.

protests 133894-K, etc. (New York).

#### J. Elishewitz Sons Co., Inc., et al. *v.*United States,

Opinion by

Tilson, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
(Reap. Dec. 10073)

#### Chain Bike Corporation et al. *v.*United States

Entry No. DC-13439, etc.

(Decided August 31, 1961)

*Barnes, Richardson & Colburn*for the the plaintiffs.

*William H. Orrick, Jr.,*Assistant Attorney General, for the defendant.

Oliver, Chief Judge:

The appeals for reappraisement enumerated in schedule “A,” hereto attached and made a part hereof, relate to certain bicycles exported from France and entered at the port of Philadelphia.

Stipulated facts, upon which these appeals have been submitted, establish that the proper basis for appraisement of the articles in question is cost of production, as defined in section 402(f) of the Tariff Act of 1930, and that such statutory value therefor is equal to the invoice price, less the proportionate part of items of ocean freight and insurance, as invoiced, and I so hold.

Judgment will be rendered accordingly.