alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                 EXHIBIT 10.4

                        FOUNDER STOCK PURCHASE AGREEMENT

         THIS FOUNDER STOCK PURCHASE AGREEMENT (the "Agreement") is made and
entered into as of the 10th day of April, 1999, by and among BPO-US, INC., a
Delaware corporation (the "Company"), JAMES MADDEN, an individual (the
"Purchaser"), and General Atlantic Partners, LLC, a Delaware limited liability
company ("GAP").

         WHEREAS, upon the terms and conditions set forth in this Agreement, the
Company proposes to issue and sell to the Purchaser, and the Purchaser proposes
to purchase from the Company, 9,840 shares of the Company's Common Stock, par
value $.01 per share (the "Common Stock") for a purchase price of $4.00 per
share.

         NOW THEREFORE, in consideration of the mutual covenants and agreements
set forth herein and for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereto agree as follows:

         1. Purchase and Sale of Common Stock.

            (a) Purchase and Sale of Common Stock. Subject to the terms hereof,
the Company shall sell to the Purchaser and the Purchaser shall purchase from
the Company, subject to the provisions of Section 3 hereof, Nine Thousand Eight
Hundred Forty (9,840) shares of Common Stock (the "Shares") at a purchase price
of $4.00 per share (the "Purchase Price") for an aggregate purchase price of
$39,360.

            (b) Payment of Purchase Price. Upon execution of this Agreement, the
Purchaser shall deliver to the Company the aggregate Purchase Price for the
Shares and a duly executed blank Assignment Separate from Certificate in the
form attached hereto as Exhibit A and, upon receipt thereof, the Company shall
issue a certificate evidencing the Shares in the name of the Purchaser, to be
held in escrow until expiration of the Company's Repurchase Right as described
in Section 3 hereof.

         2. Transfer Restrictions.

            (a) Restriction on Transfer. The Purchaser shall not transfer,
assign, encumber or otherwise dispose of any Shares unless and until there is
compliance with all of the following requirements:

                (i) the Purchaser shall have provided the Company with a written
         summary of the terms and conditions of the proposed disposition;

                (ii) the Purchaser shall have complied with all requirements of
         this Agreement or any other agreement to which the Purchaser is a party
         that is applicable to the disposition of the Shares; and

                (iii) the Purchaser shall have provided the Company with written
         assurances, in form and substance satisfactory to the Company, that (a)
         the proposed disposition does not require registration of the Shares
         under the Securities Act
**Exhibit 23.2**

 

**INDEPENDENT AUDITORS’ CONSENT**

 

We consent to the incorporation by reference in Registration Statement Nos.3333-70237 and 3333-63530 of InterCept, Inc. on Form S-8 of our report dated March 24, 2003, relating to the 2002 consolidated financial statements of Netzee, Inc. and Subsidiaries (which report expresses and unqualified opinion and includesexplanatory paragraphs concerning the Company’s change in its basis of accounting from the going concern basis to the liquidation basis effective December 31, 2002), the Company’s change in its method of accounting for goodwill and otherintangible assets to conform to Statement of Financial Accounting Standards No. 142 “Goodwill and Other Intangible Assets”, and concerning the application of procedures relating to certain disclosures of financial statement amounts relatedto the 2001 and 2000 financial statements that were audited by other auditors who have ceased operations and for which we have expressed no opinion or other form of assurance other than with respect to such disclosure) appearing in this AnnualReport on Form 10-K of InterCept, Inc. for the year ended December 31, 2002. 

 

/s/ DELOITTE & TOUCHE LLP 

 

Atlanta, Georgia 

March 24, 2003
Exhibit 32.1   Skinovation Pharmaceutical  Incorporated  CERTIFICATION OF PERIODIC REPORT Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 18 U.S.C. Section 1350  The undersigned executive officer of Skinovation Pharmaceutical Incorporated (the “Company”) certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:  • the quarterly report on Form 10-QSB of the Company for the quarter ended June 30, 2007, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  • the information contained in the Form 10-QSB fairly presents, in all material respects, the financial condition and results of operations of the Company.    Date: August 8, 2007 /s/ John W. Peters John W. Peters Principal Executive Officer Principal Financial Officer
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

I, David G. Gomach, Executive Vice President and Chief Financial Officer of School Specialty, Inc.,
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the knowledge of the undersigned:

1. The
Annual Report on Form 10-K for the fiscal year ended April 28, 2007 (the Report) which this statement accompanies 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 School Specialty, Inc.

Date: June 25, 2007



/S/    DAVID G. GOMACHDavid G. GomachExecutive Vice President and Chief Financial Officer


This certification accompanies this Annual report on Form 10-K pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 and shall not be deemed as filed by School Specialty, Inc. for purposes of Securities Exchange Act of 1934.
[Federal Register Volume 72, Number 90 (Thursday, May 10, 2007)]
[Notices]
[Page 26621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8984]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-440-000]


Southern Natural Gas Company; Notice of Fuel Sharing Refund 
Report

May 4, 2007.
    Take notice that on April 30, 2007, Southern Natural Gas Company 
(Southern) tendered for filing a refund report showing that there are 
no refunds to be distributed in 2007 pursuant to Section 35 (Fuel 
Sharing Mechanism) of the General Terms and Conditions of Southern's 
tariff for the period March 1, 2006-February 28, 2007.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed in accordance with the provisions of 
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone 
filing an intervention or protest must serve a copy of that document on 
the Applicant. Anyone filing an intervention or protest on or before 
the intervention or protest date need not serve motions to intervene or 
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#e3a5a6b1a0ac8d8f8a8d86b09693938c9197a385869180cd848c95"><span class="__cf_email__" data-cfemail="c98f8c9b8a86a7a5a0a7ac9abcb9b9a6bbbd89afacbbaae7aea6bf">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time May 11, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-8984 Filed 5-9-07; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
[Federal Register Volume 72, Number 93 (Tuesday, May 15, 2007)]
[Notices]
[Page 27361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9203]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35022]


New Hampshire Central Railroad, Inc.--Lease and Operation 
Exemption--Line of the New Hampshire Department of Transportation

    New Hampshire Central Railroad, Inc. (NHCR), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to acquire by lease and to operate approximately 8.47 miles of rail 
line owned by the State of New Hampshire Department of Transportation 
on the Mountain Division corridor, between Engineering Station 5060+25, 
Valuation Section 17 NH Map 53, in Whitefield, NH, and Station 5503, 
Valuation Section 18 VT Map 3, in Lunenburg, VT.
    NHCR certifies that its projected revenues as a result of this 
transaction will not result in the creation of a Class II or a Class I 
rail carrier and will not exceed $5 million.
    The earliest this transaction may be consummated is June 1, 2007, 
the effective date of the exemption (30 days after the exemption was 
filed).
    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to revoke the exemption under 49 
U.S.C. 10502(d) may be filed at any time. The filing of a petition to 
revoke will not automatically stay the transaction. Petitions for stay 
must be filed no later than May 25, 2007 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35022, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. Also, a copy of 
each pleading must be served on Jack E. Dodd, P.O. Box 28, Saint 
Albans, VT 05478.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 8, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-9203 Filed 5-14-07; 8:45 am]
BILLING CODE 4915-01-P
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department
**1296 KA 08-00032**  PRESENT: SMITH, J.P., LINDLEY, VALENTINO, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MEMORANDUM AND ORDER
JASON BROOKS, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

SHIRLEY A. GORMAN, BROCKPORT, FOR DEFENDANT-APPELLANT.
JASON BROOKS, DEFENDANT-APPELLANT PRO SE. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Monroe County (John J. Ark, J.), rendered September 27, 2007. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree and attempted murder in the second degree. It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Supreme Court, Monroe County, for resentencing.
Same Memorandum as in People v Brooks ([appeal No. 1] ___ AD3d ___ [Feb. 6, 2015]).

Entered: February 6, 2015 Frances E. Cafarell Clerk of the Court
## United States Court of Appeals **For the Eighth Circuit**

___________________________
No. 22

- 2034

___________________________
United States of America

Plaintiff - Appellee

v.

Luis Olivares

Defendant - Appellant

____________ Appeal from United States District Court for the District of South Dakota - Western

____________
Submitted: April 10, 2023

Filed: August 16, 2023 [Unpublished ]

____________ Before SMITH, Chief J udge, MELLOY and ERICKSON, Circuit Judges.

____________

PER CURIAM.

In 2014, Luis Olivares was convicted of three drug

- related crimes and three
firearm- related crimes. The district court determined Olivares was subject to a mandatory life sentence base d upon two prior drug convictions. See 21 U.S.C. § 841(b)(1)(A) (2002). Olivares appealed and this court affirmed. United States v.
Olivares , 843 F.3d 752, 76 3 (8th Cir. 2016). In 2021, Olivares filed the present-2- motion for resentencing, arguing changes in law made after his sentence, through the passage of the First Step Act, Pub. L. No. 115

- 391, § 401, 132 Stat. 5194, 5220 (2018), constitute an “extraordinary and compelling” reason for resentencing. See 18 U.S.C. § 3582(c)(1)(A). The district court 1 deni ed the motion. Olivares appeals
and we affirm.

Olivares ’s argument s are clearly precluded by this court’s precedent. See United States v. Crandall, 25 F.4th 582, 586 (8th Cir. 2022 ) ( holding “ a non

retroactive change in law, whether offered alone or in combination with other factors, cannot contribute to a finding of ‘ extraordinary and compelling reasons ’ for a reduction in sentence under § 3582(c)(1)(A) ”)

. See also United States v. Rodriguez -M endez , 65 F.4th 1000, 1001 (8th Cir. 2023) (finding Concepcion v. United States, 142 S. Ct. 2389 (2022)

, “did not overrule our prior decision in
Crandall ”).

Finally, to the extent Olivares argues his prior convictions should have never qualified him for s entencing enhancements, even under prior law, he is attacking his sentence and not providing an “extraordinary and compelling” reason to grant a motion for resentencing. Olivares cites no authority which would allow this court to
review the eight

- year

- old sentence.

As Olivares ’s arguments are precluded by this circuit’s precedent, we affirm.

_____________________________

1 The Honorable Jeffrey Lynn Viken, United States District Judge for the District of South Dakota.
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 on Form 20-F of Open Stock Company of
Long-Distance  and International  Telecommunications  Rostelecom (the "Company")
for the year ended  December 31, 2002 as filed with the  Securities and Exchange
Commission  on the date hereof (the  "Report"),  I, Sergei I.  Kuznetsov,  Chief
Executive 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:

     (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.

                                By:/s/ Sergei I. Kuznetsov
                                   ---------------------------------------------
                                   Name:   Sergei I. Kuznetsov
                                   Title:  General Director of OJSC "Rostelecom"

A signed  original of this  written  statement  required by Section 906 has been
provided by the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
<PAGE>

                                                                  Exhibit 10.40

                                   October 21, 1999



Frederick H. Phillips
7 Fox Run
Middleton, MA  01949

Dear Fred:

     I am pleased to offer you the position of Senior Vice President and Chief
Financial Officer of Prime Response, Inc. (the "Company"), reporting directly to
me.  In that role you will have responsibility for all control, treasury,
management information and administrative activities of the Company.

     Compensation for that position includes a base salary of $180,000 per year
and an annual incentive bonus of 35% of that base salary ($63,000).  You will be
eligible to earn one fourth of that incentive ($15,750), based upon achievement
of the Company's fourth quarter goals (revenue of over $8.5 million).

     In addition, you will receive a stock option grant to purchase 125,000
shares of the Company's stock at $5.00 per share.  Since the Company is now
considered to be legally in registration, pricing on stock options is to be
calculated at a 10% discount to the low end of the filing range.  The Company is
expected to file for a public listing during the week of November 1.  Final IPO
pricing has yet to be determined and trading pricing is unknown.  However, the
Company is prepared to price your stock options at $5.00 per share.

     These shares will be vested according to the Company stock option standards
over a four-year period of time.

     Furthermore, you will have the opportunity to participate in Prime Response
benefits which include 3 weeks of vacation annually, health and life insurance
and a 401K retirement plan, which includes Company contribution.

     In the event that your employment is terminated without cause, you will
receive a severance that includes the continuation of all base salary and
benefits programs for one year.  Should you be terminated without cause
resulting from a change of control, all stock options granted will be 100%
vested.

<PAGE>

Frederick H. Phillips
October 21, 1999
Page Two


     This offer and compensation plan is dependent on your execution of the
standard Prime Response Employment Agreement.  Also, your employment with Prime
Response is contingent on the successful completion of the Company's standard
employment practices, including background investigation.

     Your background, experience and achievements to date will be put to
invaluable use as we work together to build a world class company. I'm excited
by the opportunity to work with you toward that end as you continue to build
your career with Prime Response.

     It is anticipated that you will begin your employment with Prime Response
on Monday, October 25.  Among our first initiatives will be the recruitment of
an equally world class corporate controller.

                                   Sincerely,



                                   /s/ Peter J. Boni
                                   Peter J. Boni
                                   President and Chief Executive Officer


Accepted and agreed to:



/s/ Frederick H. Phillips
-------------------------
Frederick H. Phillips
-

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

(Mark One)

[x]	QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF

THE SECURITIES EXCHANGE ACT OF 1934

For the quarterly period ended September 30, 2007

OR

[ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF

THE SECURITIES EXCHANGE ACT OF 1934

For the transition period from ____________ to ___________

Commission file number 0-2666

250 WEST 57th ST. ASSOCIATES L.L.C.

(Exact name of Registrant as specified in its charter)

A New York Limited Liability Company 	13-6083380

(State or other jurisdiction of	(I.R.S. Employer

incorporation or organization)	Identification No.)

60 East 42nd Street, New York, New York 10165

(Address of principal executive offices)

(Zip Code)

(212) 687-8700

(Registrant's telephone number, including area code)

N/A

(Former name, former address and former fiscal year, if changed since last report)

Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the Registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes [ X ].  No [  ] .

Indicate by check mark whether the Registrant is a shell company (as defined in Rule 12b-2 of the Act) Yes [  ]  No [ X ] .

 

 

PART I.  FINANCIAL INFORMATION

Item 1.  Financial Statements.

250 West 57th St. Associates L.L.C.

(A Limited Liability Company)

Condensed Balance Sheets

(Unaudited)
<PAGE>

                                                                    EXHIBIT 32.2

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

In connection with the Quarterly Report of MBT Financial Corp. (the "Company")
on Form 10-Q for the period ending September 30, 2004 as filed with the
Securities and Exchange Commission (the "Report"), I, John L. Skibski, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,
as enacted 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
Company.

/s/ John L. Skibski
-------------------------
John L. Skibski
Chief Financial Officer
November 5, 2004
No. 41992.

#### Protest 219939-G of R. H. Macy & Co., Inc. (New York).

Opinion by

Tilson, J.

In accordance with stipulation of counsel and on the authority of *Amrein*v. *United States*(T. D. 49551), *United States*v. *Smith*(12 Ct. Cust. Appls, 384, T. D. 40544), and *United States*v. *Ramig*(17 C. C. P. A. 365, T. D. 43809) Normandy laces, embroidered articles, and embroidered galloons in part of net were held dutiable at 75 percent under paragraph 1430 as claimed.
#### H. W. Robinson & Co. *v.*United States

No. 7467.

Pro forma invoice dated London, England, June 26, 1946.

Entered at New York, N. Y., July 5, 1946.

Entry No. 701109.

(Decided December 5, 1947)

*Barnes, Richardson*& *Colburn (Hadley 8. King*of counsel) for the plaintiff.

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

Kincheloe, Judge:

This appeal for reappraisement has 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 cases.

Judgment will be rendered accordingly.