alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit
10.5


SUBSCRIPTION
AGREEMENT


Jay Sugarman

1114 Avenue of the Americas

39th Floor

New York, New York  10036


Jay
Sugarman hereby subscribes for SEVEN MILLION ONE HUNDRED EIGHTY-SEVEN THOUSAND
FIVE HUNDRED (7,187,500) shares of common stock, par value $0.0001 per share
(the “Common Stock”), of iStar Acquisition Corp., a Delaware corporation
(the “Company”), for an aggregate purchase price of TWELVE THOUSAND FIVE
HUNDRED DOLLARS AND 01/100 ($12,500), the receipt and sufficiency of which is
hereby acknowledged.  The undersigned
represents and warrants to the Company that he is an “accredited investor” as
that term is defined in Rule 501 of Regulation D under the Securities Act of
1933, as amended.  Upon receipt by the
Company of said consideration on this date, the Company shall issue to the
undersigned a stock certificate (or, if not certificated, provide documentation
reflecting the registration in the name of the undersigned on the stock ledger
of the Company) representing such fully paid and non-assessable shares of
the Common Stock of the Company. 
Following such issuance of shares of Common Stock of the Company, the
capitalization of the Company shall be as set forth on Schedule A
hereto.  The undersigned acknowledges
that the Common Stock subscribed hereto is subject to certain transfer
restrictions as set forth in a letter agreement, dated the date hereof, as may
be amended from time to time.  For so
long as the Common Stock subscribed hereto is subject to transfer restrictions,
the undersigned further acknowledges that the Common Stock shall be held in an
escrow account maintained by Continental Stock Transfer & Trust Company
pursuant to an escrow agreement, dated on or about the effective date of the
Company’s initial public offering, to be entered into by and among the Company,
Continental Stock Transfer & Trust Company and others.


 


 


[Remainder of This Page Intentionally Left Blank]


 

















 


Dated: November 7, 2007


	
   

  	
  JAY
  SUGARMAN

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  /s/ Jay Sugarman

  
	
   

  	
   

  
	
   

  	
   

  



 


	
  Accepted
  and Agreed on this 7th day of November 2007:

  
	
   

  
	
  iSTAR
  ACQUISITION CORP.

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Jay Nydick

  	
   

  
	
   

  	
  Name:

  	
  Jay
  Nydick

  	
   

  
	
   

  	
  Title:

  	
  Chief
  Executive Officer and President

  	
   

  
						



 


2

















 


SCHEDULE
A


 


Capitalization
of iStar Acquisition Corp.


 


	
  Stockholder

  	
   

  	
  Number of Shares

  of Common Stock

  	
   

  	
  Percentage of Ownership

  	
   

  
	
  iStar Acquisition Investor
  LLC

  	
   

  	
  7,187,500

  	
   

  	
  50

  	
  %

  
	
  Jay Sugarman

  	
   

  	
  7,187,500

  	
   

  	
  50

  	
  %

  
	
  Total

  	
   

  	
  14,375,000

  	
   

  	
  100

  	
  %

  



 


3
EXHIBIT 32.2


                            CERTIFICATION PURSUANT TO


                             18 U.S.C. SECTION 1350,


                             AS ADOPTED PURSUANT TO


                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




     In  connection  with the Annual Report of Nestor,  Inc. (the  "Company") on
Form 10-K for the period ending  December 31, 2003 as filed with the  Securities
and  Exchange  Commission  on the date  hereof  (the  "Report"),  I,  Claire  M.
Iacobucci,  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 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



Date: April 19, 2004

/s/ Claire M. Iacobucci
---------------------------------------------------------
Claire M. Iacobucci, Chief Financial Officer
Exhibit 32.2

                           INTRAOP MEDICAL CORPORATION

                            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 Intraop Medical Corporation (the
"Company") on Form 10-QSB for the period ending March 31, 2005, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Howard Solovei, 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:

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

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


                                                      /s/   Howard Solovei
                                                      ------------------------
                                                      Howard Solovei
                                                      Chief Financial Officer

                                                      Date:  May 20, 2005
                                                                ---

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






                                       44
Exhibit 23.1 - Consent of Independent Auditors


     We consent to the incorporation by reference in the Registration  Statement
(Form S-8 No.  333-56123)  pertaining to the  Bioanalytical  Systems,  Inc. 1997
Employee Incentive Stock Option Plan and in the Registration Statement (Form S-8
No.  333-56127)  pertaining  to the 1997  Bioanalytical  Systems,  Inc.  Outside
Director  Stock Option Plan of our report dated November 5, 1999 with respect to
the consolidated financial statements included in this Annual Report (Form 10-K)
of Bioanalytical Systems, Inc.

                                          /s/ Ernst & Young LLP


Indianapolis, Indiana
December 27, 1999
# C_2013026EN.01005701.xml

| 26.1.2013 | EN | Official Journal of the European Union | C 26/57 |
| --- | --- | --- | --- |

26.1.2013

EN

Official Journal of the European Union

C 26/57

---

Action brought on 16 November 2012 — European Drinks v OHIM — Alexandrion Grup Romania (Dracula Bite)

(Case T-495/12)

2013/C 26/115

Language in which the application was lodged: English

Parties

Parties

Applicant: European Drinks SA (Ștei, Romania) (represented by: V. von Bomhard, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: SC Alexandrion Grup Romania Srl (Pleasa, Romania)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 680/2011-4; and |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 680/2011-4; and

| — | Order that the costs of the proceedings be borne by the Defendant. |
| --- | --- |

—

Order that the costs of the proceedings be borne by the Defendant.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for a Community trade mark:

Community trade mark concerned: The figurative mark in colour ‘Dracula Bite’, for goods and services in classes 33, 35 and 39 — Community trade mark application No 7588247

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: Romanian trade mark registration No 34847 of the figurative mark ‘Dracula’, for goods and services in classes 33 and 35

Mark or sign cited in opposition:

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Articles 42(2) and 42(3) of Council Regulation No 207/2009

Pleas in law:

---
Before the Third Division,

June 6, 1950

No. 54385.

#### A Millner & Co. *v.*United States,

protest 156481-K (New York).

Opinion by

Cline, J.

In accordance with stipulation of counsel that the merchandise consists of laurel leaves similar to those the subject of *The Levy & Levis Co., Inc.*v. *United States*(23 Cust. Ct. 8, C. D. 1180, the claim of the plaintiff was sustained.
Before the Third Division,

May 10, 1943

No. 48269.

#### Protest 973349-G of Holland Food Corp. (New York).

Keefe, Judge:

The merchandise before us here consists of cheese imported from Holland, described on the invoice as Gouda, Edam, and Leiden cheese. Duty was assessed thereon a,t the appropriate specific rates either under the provisions of paragraph 710, Tariff Act of 1930, or under T. D. 48075, the trade agreement between the United States and The Netherlands. The plaintiff *453claims that duty was taken upon the basis of too great a weight inasmuch as allowance was not made for the inedible coverings appearing on the outside of the cheese.

At the trial of this case Examiner Cryan who has been examining cheese for over 25 years testified that he examined the cheese in question and found that the nonedible coverings upon the Edam, Gouda, and Leiden cheese involved herein was the same type of covering found upon the Edam cheese the subject of decision by this court in the case of *Scaramelli*v. *United States,*Abstract 42146. In that ease the Government had conducted a series of tests to determine the percentage of inedible coverings upon various types of cheese, including Edam cheese, and as a result thereof it was established that in practically every test the percentage of coating was at least *2yi*percent of the weight of the cheese. The court there held, under the principle announced in the cases of *Kraft-Phenix Cheese Corp.*v. *United States,*T. D. 47955, and *Locatelli*v. *United States,*T. D. 48284, that the collector should have computed the specific duty on the net weight found by the United States weigher less an allowance of 2J4 percent for tare of inedible coverings. That case was incorporated with and made a part of the record herein.

In view of the evidence before us we find that the inedible covering upon the Edam, Gouda, and Leiden cheese herein is properly the subject of allowance by the collector as tare and hold that in determining the duty upon said cheese the collector should have computed the specific duty applicable thereto un'der paragraph 710 on the net weight found by the United States weigher less an allowance of 2)4 percent for tare of inedible coverings.

Judgment will therefore be entered in favor of the plaintiff directing the collector to reliquidate the entry and to make refund accordingly.
II 

112TH CONGRESS 

2D SESSION S. 2238 

To amend the Commodity Exchange Act to require a regulation to limit 

the aggregate positions of nontraditional bona fide hedgers in petroleum 

and related products. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2012 

Mr. PRYOR introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Commodity Exchange Act to require a regulation to limit the aggregate positions of nontraditional 

bona fide hedgers in petroleum and related products. 

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

3 SECTION 1. POSITION LIMITS FOR PETROLEUM AND RE4 LATED PRODUCTS. 

5 Section 4a(a)(6) of the Commodity Exchange Act (7 

6 U.S.C. 6a(a)(6)) is amended— 

7 (1) by redesignating subparagraphs (A) through 

8 (C) as clauses (i) through (iii), respectively, and in9 denting appropriately; 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 2238 IS

1 (2) by striking ‘‘The Commission shall’’ and in2 serting the following: 

3 ‘‘(A) IN GENERAL.—The Commission 

4 shall’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(B) PETROLEUM AND RELATED PROD7 UCTS.—The Commission shall, by regulation, 

8 establish limits on the aggregate number or 

9 amount of positions in contracts for petroleum 

10 or related products that may be held by any 

11 person, including any group or class of traders, 

12 for each month across contracts described in 

13 clauses (i) through (iii) of subparagraph (A), so 

14 that— 

15 ‘‘(i) the short position for traditional 

16 bona fide hedgers in the aggregate is not 

17 less than 50 percent; and 

18 ‘‘(ii) the long position for traditional 

19 bona fide hedgers in the aggregate is not 

20 less than 50 percent.’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
# C_2015007EN.01000902.xml

| 12.1.2015 | EN | Official Journal of the European Union | C 7/9 |
| --- | --- | --- | --- |

12.1.2015

EN

Official Journal of the European Union

C 7/9

---

Judgment of the Court (Fifth Chamber) of 6 November 2014 — European Commission v Kingdom of Belgium

(Case C-395/13) (1)

1

((Failure of a Member State to fulfil obligations - Urban waste water - Directive 91/271/EEC - Articles 3 and 4 - Obligation to collect - Obligation to treat))

(2015/C 007/12)

Language of the case: French

Parties

Parties

Applicant: European Commission (represented by: O. Beynet and E. Manhaeve, acting as Agents)

Applicant:

Defendant: Kingdom of Belgium (represented by: T. Materne and J.-C. Halleux, acting as Agents, assisted by E. Gillet and A. Lepièce, avocats)

Defendant:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by not ensuring the collection and treatment of urban waste waters of the agglomerations of Aywaille, Baelen, Blegny, Chastre, Grez-Doiceau, Jodoigne, Lasne, Obourg, Oreye, Orp, Raeren, Sart-Dames-Avelines, Soiron, Sombreffe and Yvoir-Anhée, and by not ensuring the treatment of urban waste waters of the agglomerations of Bassenge, Chaumont-Gistoux, Chièvres, Crisnée, Dalhem, Dinant, Écaussinnes, Estinnes, Feluy-Arquennes, Fexhe-Slins, Fosses-la-Ville, Godarville, Hannut, Havré, Jurbise, Le Rœulx, Leuze, Lillois-Witterzée, Profondeville, Rotheux-Neuville, Saint-Georges-sur-Meuse, Saint-Hubert, Sirault, Sprimont, Villers-la-Ville, Villers-le-Bouillet, Virginal-Hennuyères, Walcourt, Welkenraedt, Wépion, Wiers, Gaurain-Ramecroix and Hélécine, the Kingdom of Belgium has failed to fulfil its obligations under Articles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment; |
| --- | --- |

1.

Declares that, by not ensuring the collection and treatment of urban waste waters of the agglomerations of Aywaille, Baelen, Blegny, Chastre, Grez-Doiceau, Jodoigne, Lasne, Obourg, Oreye, Orp, Raeren, Sart-Dames-Avelines, Soiron, Sombreffe and Yvoir-Anhée, and by not ensuring the treatment of urban waste waters of the agglomerations of Bassenge, Chaumont-Gistoux, Chièvres, Crisnée, Dalhem, Dinant, Écaussinnes, Estinnes, Feluy-Arquennes, Fexhe-Slins, Fosses-la-Ville, Godarville, Hannut, Havré, Jurbise, Le Rœulx, Leuze, Lillois-Witterzée, Profondeville, Rotheux-Neuville, Saint-Georges-sur-Meuse, Saint-Hubert, Sirault, Sprimont, Villers-la-Ville, Villers-le-Bouillet, Virginal-Hennuyères, Walcourt, Welkenraedt, Wépion, Wiers, Gaurain-Ramecroix and Hélécine, the Kingdom of Belgium has failed to fulfil its obligations under Articles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment;

| 2. | Orders the Kingdom of Belgium to pay the costs. |
| --- | --- |

2.

Orders the Kingdom of Belgium to pay the costs.

---

(1)  OJ C 274, 21.9.2013.

1

---
Order entered November 7, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01380-CR

THE STATE OF TEXAS, Appellant

V.

KIMBERLY PINKERTON, Appellee

On Appeal from the County Criminal Court of Appeals No. 1

Dallas County, Texas

Trial Court Cause No. MC-12-R0027-D

ORDER

The State’s October 27, 2014 motion to extend the time to file its notice of appeal is 

GRANTED. The State’s notice of appeal filed with the Clerk of this Court on October 27, 2014 

is DEEMED timely filed for jurisdictional purposes on October 27, 2014.

 The Clerk of the Court is DIRECTED to transmit a copy of the notice of appeal to the 

trial court clerk. See TEX. R. APP. P. 25.2(c)(1).

/s/ LANA MYERS 

JUSTICE
No. 96-1181.

#### Pennsylvania Public Utility Commission *v.*City of Philadelphia et al.

Commw. Ct. Pa. Certiorari denied.
Before the First Division,

February 23, 1940

No. 43255.

#### Protest 11291-K of Advance Solvents & Chemical Corp. (New York).

Opinion by

Brown, J.

In accordance with stipulation of counsel and on the authority of *Mantle Lamp Co.*v. *United States*(T. D. 48927) carbonyl iron powder was held dutiable at three-fourths of 1 cent per pound under paragraph 335 as claimed.
No. 39252.

#### Protests 617511-G, etc., of W. C. Auger et al. (San Francisco).

Opinion by

Dallinger, J.

It was stipulated that certain trays, book ends, card holders, wine vessels, cups, oblong boxes, boxes, candlesticks, safe sets, pin trays, flower bowls, bowls, jars, vases, and paper cutters are the same as the merchandise involved in *Friedlaender*v. *United States*(21 C. C. P. A. 103, T. D. 46445), *Dow*v. *United States*(id. 282, T. D. 46816), and *Rice*v. *United States*(24 id. 114, T. D. 48415). The claim at 40 percent under paragraph 339 was therefore sustained.
Before the Second Division,

May 5, 1943

No. 48254.

#### Protests 92685-K, etc., of New York Merchandise Co., Inc. (New York).

*450Opinion by

Lawrence, J.

On the established facts the marcel irons in question were held dutiable as household utensils at 40 percent under paragraph 339, following Abstract 38680, and the brass base shells at 35 percent under paragraph 353, as parts of articles having as an essential feature an electrical element or device, such as signs, following *New York Merchandise Co.*v. *United States*(8 Cust. Ct. 209, C. D. 607).
First Amendment of 2003 Directors' Deferred Compensation Plan



 Exhibit 10.5 
  
 FIRST AMENDMENT 
 OF 
 H.B. FULLER COMPANY 
 2003 DIRECTORS’ DEFERRED COMPENSATION PLAN 
  
 H.B. Fuller Company (“H.B. Fuller”) maintains a nonqualified, unfunded deferred compensation plan (the “Plan”) for the benefit of the non-employee members of its board of directors which is currently embodied in a
document entitled “H.B. Fuller Company Directors’ Compensation Plan (the “Plan Statement”). The Plan Statement is hereby amended as follows: 
  

1.     DEFINITION OF CHANGE IN CONTROL. Effective January 23, 2008, Section 1.1(d)(ii) of the Plan Statement is amended by
replacing the number “15%” with the number “30%.” 
  
 2.    SAVINGS CLAUSE. Save and except as hereinabove expressly amended, the Plan Statement shall continue in full force and effect. 
  
  

									
	Dated: January 24, 2008	 		 	H.B. FULLER COMPANY
					
		 		 		 	By:	 	 /s/ Michele Volpi
					
		 		 		 	 Its:
	 	 President and Chief Executive Officer
[Federal Register Volume 72, Number 96 (Friday, May 18, 2007)]
[Notices]
[Page 28074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9629]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Manufacturer of Controlled Substances; Notice of Registration

    By Notice dated November 2, 2006, and published in the Federal 
Register on November 8, 2006, (71 FR 65544), Johnson Matthey Inc., 
Custom Pharmaceuticals Department, 2003 Nolte Drive, West Deptford, New 
Jersey 08066, made application by letter to the Drug Enforcement 
Administration (DEA) to be registered as a bulk manufacturer of the 
basic classes of controlled substances listed in schedule II:

------------------------------------------------------------------------
                    Drug                               Schedule
------------------------------------------------------------------------
Nabilone (7379)............................  II
Noroxymorphone (9668)......................  II
------------------------------------------------------------------------

    The company plans to manufacture the listed controlled substances 
in bulk for sales to its customers.
    No comments or objections have been received. DEA has considered 
the factors in 21 U.S.C. 823(a) and determined that the registration of 
Johnson Matthey Inc. to manufacture the listed basic classes of 
controlled substances is consistent with the public interest at this 
time. DEA has investigated Johnson Matthey Inc. to ensure that the 
company's registration is consistent with the public interest. The 
investigation has included inspection and testing of the company's 
physical security systems, verification of the company's compliance 
with State and local laws, and a review of the company's background and 
history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 
21 CFR 1301.33, the above named company is granted registration as a 
bulk manufacturer of the basic classes of controlled substances listed.

    Dated: May 14, 2007.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration.
[FR Doc. E7-9629 Filed 5-17-07; 8:45 am]
BILLING CODE 4410-09-P
(Reap. Dec. 9924)

#### James G. Wiley Co. Yale Sales Co. v. United States

Entry No. 12146.

(Decided February 27, 1961)

*Lawrence & Tuttle (Edward N. Glad*of counsel) for the plaintiffs.

*William S. Orrick, Jr.,*Assistant Attorney General *(Richard E. FitzGibbon,*trial attorney), for the defendant.

Johnson, Judge:

When this appeal for reappraisement was called for trial, it was submitted upon the following stipulation of counsel for the respective parties:

> Me. Glad : This appeal is abandoned except for item numbers 150 B and 150 O, which involve round and rectangular head protractors.

> I offer to stipulate that during the period of exportation of these two items that the export value, as defined under Section 402, for such or similar merchandise was as invoiced, at 40 cents each, net packed.

> Me. FitzGibbon : Agreed.

> Me. Glad : During the period in question there was not any higher foreign value for such or similar merchandise.

> Mb. FitzGibbon : That is agreed.

On the agreed facts, I find that the export value, as that value is defined in section 402(d) of the Tariff Act of 1930, is the proper basis for the determination of the value of the merchandise described on the invoice as items numbered 150 B and 150 C, round and rectangular head protractors, and that such value is 40 cents each, net packed.

*604As to all other items of merchandise, the appeal, having been abandoned, is dismissed.

Judgment will be rendered accordingly.