alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1

                                                                   EXHIBIT 10.29

                               SECOND AMENDMENT TO
                     NEOFORMA.COM, INC. EMPLOYMENT AGREEMENT
                              OF ROBERT J. ZOLLARS

     This Second Amendment (the "AMENDMENT") to the Neoforma.com, Inc.
Employment Agreement by and between Neoforma.com, Inc. and Robert J. Zollars
dated July 1, 1999 (the "AGREEMENT") is made and entered into as of May ______,
2000 by and among Neoforma.com, Inc., a Delaware corporation (the "COMPANY"),
and Robert J. Zollars (the "EXECUTIVE") (collectively, the Company and the
Executive, the "PARTIES"). Each capitalized term herein not otherwise defined
shall have the meaning ascribed to it in the Agreement.

                              W I T N E S S E T H:
                              - - - - - - - - - -

     WHEREAS, the Parties have determined that certain provisions of the
Agreement should be amended to precisely reflect the original agreement of
Parties;

     WHEREAS, Executive shall receive continued employment with the Company as
consideration from the Company to execute this Agreement; and

     WHEREAS, the Parties have agreed that certain provisions of the Agreement
should be amended to reflect certain recent approvals and/or amended policies
adopted by the board of directors of the Company:

     NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1.   Insert the following provision as Section 30 of the Agreement:

     Parachute Payments. If any severance and other benefits provided to the
     Executive under this Employment Agreement, including but not limited to any
     provisions in any stock option or equity incentive plan of the Company or
     all of the Executive's unvested stock options or restricted stock awards
     then outstanding, would constitute "parachute payments" within the meaning
     of Section 280G of the Internal Revenue Code of 1986, as amended (the
     "CODE"), and would be subject to the excise tax imposed by Section 4999 of
     the Code, then the Executive's severance and other benefits will be
     payable, at the Executive's election, either in full or in such lesser
     amount as would result, after taking into account the applicable federal,
     state and local income taxes and the excise tax imposed by Section 4999 of
     the Code, in the Executive's receipt on an after-tax basis of the greatest
     amount of severance and other benefits.

     IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date first above written.

<PAGE>   2

COMPANY:                                  EXECUTIVE:
NEOFORMA.COM, INC.



--------------------------------------    --------------------------------------
Steven E. Kane                            Robert J. Zollars
SVP HR, Legal and Corporate Secretary
No. 38933.

#### Protests 853210-G, etc., of Mitsubishi Shoji Kaisha, Ltd., et al. (New York).

Opinion by

Kincheloe, J.

On the authority of *United States*v. *Field*(25 C. C. P. A. 308, T. D. 49422) and *Anniston*v. *Davis*(301 U. S. 337) the protests were dismissed.
No. 40257.

#### Protests 949833-G, etc., of Damascus Trading Co. et al. (New York).

Opinion by

Evans, J.

It was stipulated that the merchandise consists of thyme similar to that the subject of *Seeck*v. *United States*(T. D. 47383). The claim for free entry under paragraph 1669 was therefore sustained,
EXHIBIT 31.2

Certification of Chief Financial Officer

Pursuant to Section 302 of
the Sarbanes-Oxley Act of 2002

I, Suzanne C. Salls, certify that:



|1. | I have reviewed this Amendment No. 1 to the annual report on Form 10-K of SP Bancorp, Inc.;
|-- | -------------------------------------------------------------------------------------------



|2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|               |  |  |  |                                                     
|-------------- |  |  |  | ----------------------------------------------------
|April 30, 2014 |  |  |  | /s/ Suzanne C. Salls                                
|Date           |  |  |  | Suzanne C. Salls                                    
|               |  |  |  | Executive Vice President and Chief Financial Officer
**EXHIBIT 32.1**





**WRITTEN
      STATEMENT OF CHIEF EXECUTIVE OFFICER AND**


**CHIEF
      FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE**


**SARBANES —
      OXLEY ACT OF 2002**





The
      undersigned, the Chief Executive Officer and the Chief Financial Officer of
      Hines Real Estate Investment Trust, Inc. (“the Company”), each hereby certifies
      that to his/her knowledge, on the date hereof:





(a) the
      Form 10-Q of the Company for the quarterly period ended June 30, 2007,
      filed on the date hereof with the Securities and Exchange Commission (the
“Report”) fully complies with the requirements of Section l3(a) or 15(d) of the
      Securities Exchange Act of 1934; and





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








Date:
      August 14,
      2007                                                                         /s/Charles
      M. Baughn


Charles
      M. Baughn


Chief
      Executive Officer











Date:
      August 14,
      2007                                                                         /s/Sherri
      W. Schugart


Sherri
      W. Schugart


Chief
      Financial
      Officer
EXHIBIT 32.1





CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,


AS ADOPTED PURSUANT TO SECTION 906


OF THE SARBANES-OXLEY ACT OF 2002








In connection with the Annual Report of Heartland Bridge Capital, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2010, as filed with the Securities and Exchange Commission on or about the date hereof (the “Report”), I, James F. Groelinger, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:





(1)         The Report fully complies with the requirements of Sections 13(a) or 15(d) of the Securities Exchange Act of 1934; and





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





Dated:  April 15, 2011

/s/ James F. GroelingerBy:  James F. GroelingerIts:  Chief Executive Officer




A signed original of this written statement required by Section 906 has been provided to Heartland Bridge Capital, Inc. and will be retained by Heartland Bridge Capital, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
#### Allan Jensen *v.*United States

No. 6647.

Entry No. 1002, etc.

Invoices dated Blandford, England, May 29, 1941, etc.

Certified June 6, 1941, etc.

Entered at New York, N. Y., July 10, 1941, etc.

(Decided December 19, 1946)

*Lane & Wallace*and *Lane, Young & Fox*for the plaintiff.

*Paul P. Rao,*Assistant Attorney General, for the defendant.

Kincheloe, Jujdge:

The appeals for reappraisement listed in schedule A, hereto attached and made a part hereof, have been submitted for decision upon the following stipulation of counsel for the parties hereto:

(Stipulation omitted.)

On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such values are the appraised values, less the additions made by the importer on entry because of advances by the appraiser in similar eases.

Judgment-will be rendered accordingly.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 7084

DARRYL BOYNES, JR. , Petitioner

- Appellant ,

v. JOE COAKLEY , Respondent

- Appellee

.

Appeal from the United States District Court for the Northern District of West Virginia , at Martinsburg

. Gina M. Groh, Chief District Judge. ( 3:17

- cv
- 00079

- GMG )

Submitted : January 22, 2019 Decided: January 25, 2019

Before MOTZ , KEENAN, and FLOYD, Circuit Judges.

Affirmed by un published per curiam opinion

.
Darryl Boynes, Jr. , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Darryl Boynes , Jr. , a federal prisoner, appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on Boynes’ 28 U.S.C. § 2241 (2012) petition. On appeal, we confine our review to the issues raised in the Appellant’s brief. See 4th Cir. R. 34(b). Because B oynes ’ informal brief does not challenge the basis for the district court’s disposition, Boynes has forfeited appellate
review of the court’s order. See Jackson v. Lightsey , 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important document; under Fourth Circuit rules, our review is limited to issues preserved in that brief.”) . Accordingly, although we grant leave to proceed in forma pauperis, we affirm the district court’s judgment. We dispens e with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

SANDRA E. ELLIS,

Plaintiff-Appellant,

v.

OFFICE MAX, INCORPORATED; SCOTT

LYNCH; KEN STERN; TERRY VAUGHN,

No. 99-2595

Defendants-Appellees,

and

MATT HEFFNER,

Defendant.

Appeal from the United States District Court

for the Western District of North Carolina, at Charlotte.

Graham C. Mullen, Chief District Judge.

(CA-98-390-3-MU)

Submitted: August 22, 2000

Decided: September 20, 2000

Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

N. Clifton Cannon, Jr., Gastonia, North Carolina, for Appellant. W.

T. Cranfill, Jr., Bruce M. Steen, Robert B. Meyer, MCGUIRE,

WOODS, BATTLE & BOOTHE, L.L.P., Charlotte, North Carolina,

for Appellees.
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Sandra E. Ellis appeals from the dismissal of her wrongful discharge suit against Office Max, Inc. and four of its employees. We

affirm.

Ellis' opening brief contends that she never received the Defendants' motion to dismiss. This issue was first raised in a motion for

reconsideration, which Ellis filed after noting her appeal. Because she

has not amended her notice of appeal, the issue of whether she

received the Defendants' dispositive motion is not before us. See Fed.

R. App. P. 4(a)(4)(B)(ii).

Ellis' reply brief reiterates her claim that she never received the

Defendants' motion and further argues that the motion was meritless.

We do not address the latter claim, because it was not raised below

or in Ellis' opening brief. See Lewis v. INS, 194 F.3d 539, 547 n.9

(4th Cir. 1999); Skipper v. French, 130 F.3d 603, 610 (4th Cir. 1997).

For these reasons, we affirm the judgment of the district court. 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

 2
Order entered March 28, 2022

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-00444-CR

No. 05-21-00456-CR

No. 05-21-00457-CR

No. 05-21-00458-CR

No. 05-21-00459-CR

SEAN KRENZER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 366th Judicial District Court

Collin County, Texas

Trial Court Cause Nos. 366-84208-2018, 366-84209-2018, 366-84210-2018, 

366-84211-2018 & 366-84212-2018

ORDER

We REINSTATE these appeals. 

We abated for a hearing on why appellant’s brief had not been filed. The 

following day, appellant’s brief was tendered along with a motion asking for leave 

to file the brief. Because no hearing has been scheduled and in the interest of 
judicial economy, we VACATE our March 23, 2022 order to the extent it ordered 

the trial court to hold a hearing.

We GRANT appellant’s motion and ORDER appellant’s brief filed as of 

the date of this order.

We DIRECT the Clerk to send copies of this order to the Honorable Tom 

Nowak, Presiding Judge, 366th Judicial District Court, and to counsel for all 

parties.

/s/ BILL PEDERSEN, III

JUSTICE
Exhibit 32.1

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 this Form 10-Q/A (Amendment No. 1) to the quarterly report of G2 Ventures, Inc. (the Company) on Form 10-Q for the
period ending September 30, 2008 as filed with the Securities and Exchange Commission on August 7, 2009 (the Report), I, Gust Kepler, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, 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; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



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



|                       
|-----------------------
|/s/ Gust Kepler        
|Gust Kepler            
|Chief Executive Officer
|August 7, 2009         

A signed original of this certification has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.
04/29/2010 17:01 FAX 2024935142 FAA ^ DMS [^001/003 

U.S. DEPARTMENT OF TRANSPORTATION 

- OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

... I \ i 5-^ A *t: \ / 1-i' 

: DCKE' 

Federal Aviation Administration 

Complainant 

vs. 

AirTran Airways, Inc. 

Respondent 

FAA Docket No. CP10SO0002 

Judge Isaac D. Benkin 

^010-01^3 

ANSWER OF RESPONDENT AIRTRAN AIRWAYS. INC 

introduction 

On February 24, 2010. Complainant filed its COMPUMNT in the above styled matter. 

On March 18, 2010, Respondent filed its MOTION TO DISMISS COMPLAINT. On 

March 26, 2010 Complainant filed its AMENDMENT TO COMPLAINT amending its 

COMLAINT by alleging that Respondent was subject to a maximum civil penalty of 

$25,000 instead of the $11,100 specified in its February 24, 2010 COMPLAINT. 

On April 6, 2010, the Court issued its ORDER DENYING RESPONDENT'S MOTION 

TO DISMISS COMPLAINT. Respondent now furnishes its ANSWER in the above styled 

matter. 

Respondent's Specific Responses to Complainant's Allegations Contained in 

Complainant's Complaint 

Paragraph # 1: Respondent admits this allegation. 

Paragraph # 2: Respondent admits this allegation. 

Paragraph # 3: Respondent admits this allegation. 
04/29/2010 17:01 FAX 2024935142 FAA * DMS 0002/003 

Paragraph # 4: Respondent admits this allegation. 

Paragraph # 5: Respondent admits this allegation. 

Paragraph # 6: Respondent admits this allegation. 

Paragraph # 7: Respondent admits this allegation. 

Paragraph # 8: Respondent admits this allegation. 

Paragraph # 9 (as amended): Respondent admits this allegation. 

Paragraph #10: Respondent denies this allegation. 

Paragraph #11: Respondent denies this allegation. 

Respondent's Affirmative Defense 

First Affirmative Defense: The proposed civil penalty is excessive and unwarranted. 

Respectfully submitted this Jo'^^yof _ day of- April, 2010 

jObm^U C>f/7?&^^4rX^ 

Stephen J. Kolski 

Florida Bar Number 01034082 

Executive Vice President Corporate Affairs 

AirTran Airways, Inc. 

9955 AirTran Blvd. 

Orlando, FL 32827 

Phone (407) 315-5108 

FAX: (4078) 318-5901 

Emial: Steve.Kolski(S>AirTran.com 
04/29/2010 17:01 FAX 2024935142 FAA * OMS 0003/00 3 

FAA Docket No. CP10SO0002 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Admimstration 

800 Independence Ave, S.W. 

Washin^ion, DC 20591 

Anention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2WI000 

(VIA U. S. MAIL) 

ONE COPY 

Rashawn. Rich George, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P. O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

(VIA FACSIMILE) 

The Honorable Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney 202-366-2139 

Legal Assistant 202-366-2132 

FAX: 202-366-7536 

(VIA FACSIMILE)
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C.§1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of The Frontier Fund on Form 10-Q for the period ended March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard E. Bornhoft,
President and Chief Executive Officer of Equinox Fund Management, LLC, the managing owner of The Frontier Fund, certify, pursuant to 18 U.S.C.§1350, as adopted pursuant to Section 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 Frontier Fund.



/s/ Richard E. BornhoftRichard E. BornhoftPresident and Chief Executive Officer ofEquinox Fund Management, LLC, theManaging Owner of The Frontier FundSeptember 24, 2004




A signed original of this
written statement required by Section 906, or any other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been
provided to The Frontier Fund and will be retained by The Frontier Fund and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 13.1

GALAXY STRATEGY & COMMUNICATIONS
INC.

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 Annual Report of Galaxy
Strategy & Communications Inc. (the “Company”) on Form 20-F/A for the period ending December 31, 2011 (the
“Report”), I, Qiang Wu, the Principal Executive Officer and Principal 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 result of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



| | By:                                                         | /s/ Qiang Wu
| | ----------------------------------------------------------- | ------------
| | Qiang Wu                                                   
| | Principal Executive Officer and Principal Financial Officer



Date: December 21, 2012
CFQS Stellarator at Southwest Jiaotong University in Chengdu City, China

Heliotron J at Kyoto University (2018)

Inside the vacuum vessel of the Large Helical Device (LHD) (2017)

Plasma with the ion temperature of 10 keV LHD (2017)

Large Helical Device (LHD) (2017

Stellarator of Costa Rica 1 (SCR-1)

W7-X at the time of the first plasma

Auburn University's Compact Toroidal Hybrid (CTH)

The HIDRA stellarator-tokamak, formerly the WEGA stellarator

Stellarator of Costa Rica 1 (SCR-1)

TJ-II; Madrid, Spain

Inside the Large Helical Device. The superconducting coils are in the helices.

Wendelstein 7-X construction

Wendelstein 7-X (W7-X); Greifswald, Germany

Large Helical Device (LHD); Toki, Japan

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#### Benjamin A. Vredenburgh, *Respondent, v.*The Fireman’s Fund Insurance Company of California, Appellant.

Judgment and order affirmed, with costs. Opinion by Boardman, J.
#### Maley *v.*The State.

No. 11803.

April 15, 1937.

Bell, Justice.

This case is controlled by the decision in *Lee*v. State, ante.

*Judgment affirmed.*

*All the Justices concur.*
Exhibit 32.1

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 G2 Ventures, Inc. (the Company) on Form 10-Q for the period ending September 30, 2008 as
filed with the Securities and Exchange Commission on November 12, 2008 (the Report), I, Gust Kepler, Chief Executive Officer 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 result of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ Gust Kepler        
|Gust Kepler            
|Chief Executive Officer
|November 12, 2008      

A signed original of this certification has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.
No. 56055.

protests 172495-K, etc. (New York).

#### L. Batlin & Son, Inc., et al. *v.*United States,

Opinion by

Johnson, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.