alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
kmph-ex104_29.htm


 

Exhibit 10.4

 

Amendment to 

Employment Agreement

 

This Amendment to Employment Agreement is made and entered into as of October 13, 2015 (this “Amendment”) by and among KemPharm, Inc., a Delaware corporation (the “Company”), and Travis Mickle (the “Executive”).  

Background

A. The Company and Executive previously entered into that certain Employment Agreement dated as of May 30, 2014 (the “Employment Agreement”);

B.Pursuant to Section 17.F of the Employment Agreement, the Employment Agreement may be amended by a written instrument between the Company and the Executive; and

C.The Company and the Executive desire to amend the Employment Agreement as provided herein.

Amendment

For and in consideration of the mutual promises and covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties to this Amendment hereby agree as follows:

1.Amendment to Section 2.  Section 2 of the Employment Agreement is hereby amended to include the following Subsection 2.E immediately following Subsection 2.D thereof:

“E. Equity Compensation. All options granted pursuant to this Agreement, and each other outstanding equity award granted to Executive, shall accelerate so as to be fully vested and immediately exercisable immediately prior to any Change in Control (as defined in the Plan) of the Company.”

2.This Amendment shall become effective immediately upon execution by the Company and the Executive.

3.Other than as set forth in this Amendment, all of the terms and conditions of the Employment Agreement shall continue in full force and effect.

[Signature Page Follows]

 




 

In Witness Whereof, the parties have executed this Amendment to Employment Agreement as of the date first written above.

 

 

 

COMPANY:

 

KemPharm, Inc.

 

By: /s/ R. LaDuane Clifton

Name: R. LaDuane Clifton

Title: Chief Financial Officer

 




 




 

In Witness Whereof, the parties have executed this Amendment to Employment Agreement as of the date first written above.

 

 

EXECUTIVE:

 

/s/ Travis Mickle

Travis Mickle
### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER, CO 80202-1129 Phone 800-227-8917 http://www.epa.gov/region08 

### AUG - 1 2012 Ref: 8P-AR CERTIFIED MAIL

- RETURN RECEIPT REQUESTED & ELECTRONIC MAIL Demarco Bell Executive Vice President Spotted Hawk Development 1650 Tysons Blvd., Suite 900 McLean, VA 22102 RE: Actual Notice for Approval and Promulgation of Federal Implementation Plan for Oil and Natural Gas Production Facilities Dear Mr. Bell, This is to notify youthat the EPA has issued a temporary interim final rule promulgating a reservationspecific Federal Implementation Plan (FIP) in orderto regulate emissions from oil and natural gas production facilities located onthe Fort Berthold Indian Reservation (FBIR). The FIP includes basic air quality regulations for the protection ofcommunities in and adjacent to the FBIR. The FIP requires owners and operators ofoil and natural gas production facilities to reduce emissions ofvolatile organic compounds emanating from well completions, recompletions, and production and storage operations. The agency proposed a reservation-specific FIP concurrently with this interim final rule. The rule is effective with this actual notice to Spotted Hawk Development for purposes ofenforcement beginning at 5 p.m. (easterndaylighttime) on August 3,2012. We will accept comments onthe proposed rule for 45 days from the date ofpublicationinthe Federal Register. The EPAAdministrator, LisaJackson, signed the interim final rule onAugust 1, 2012, and the agency is submitting it for publication inthe Federal Register (FR).A copy ofthe signed interim final rule is enclosed withthis letter. The version ofthe enclosed rule serves as the official version for purposes ofcompliance until the interim final rule is published in the FR. Please refer to the published version in a forthcoming FRpublication, whichwill appear onthe Government Printing Office's FDsys website (http://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov (http://www.regulations.gov) in DocketNo. EPA-R08-0AR-2012-0479. Ifyou have any questions onthe interim final rule, please contact Deirdre Rothery at (303) 312-6431. 

# DaJ

Carl Daly, Dire'::;»' AirProgram Enclosures

2
ex10-5.htm


 


EXHIBIT 10.5


 



TECHNOLOGY LICENSE AGREEMENT


ADDITIONAL TERRITORY TERM SHEET NO. 1







This Additional Territory Term Sheet No. 1 (this “Term Sheet”) dated _______________, 2015 (the “Term Sheet Effective Date”) is attached to, and made a part of, the Technology License Agreement (“Technology License”) by and between OMS Investments, Inc. (“OMS”) and AeroGrow International, Inc. (“AeroGrow”) dated April 22, 2013.







Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the Technology License.








	
Additional Territory:

	
United Kingdom


 


	
Termination Rights (for purposes of Section 8.3(b)(ii)):

	
A minimum of $3,000,000 in annual gross sales on or before March 31, 2019, and for each subsequent Contract Year.


 


	
Retailers/Channels of Trade:

	
AeroGrow may only sell to retailers that sell exclusively through the e-commerce channel of trade, including online and television sales (e.g., Amazon, QVC).  AeroGrow may expand to the online presence of those brick and mortar stores that OMS approves in advance in writing, which approval may not be unreasonably withheld, conditioned or delayed.


 


	
Additional Terms:

	
None.












This Term Sheet incorporates all the rights, duties, and obligations extended to both parties under the Technology License relating to the subject matter herein.  This Term Sheet and the Technology License shall be read together and any conflict in terms shall be resolved with deference to the terms contained in this Term Sheet.








	
OMS INVESTMENTS, INC.


 


 


By:                                                                


Name:                                                               


Title:                                                               


Date:                                                               

	
AEROGROW INTERNATIONAL, INC.


 


 


By:                                                                 


Name:                                                               


Title:                                                              


Date:
#### STATE of Louisiana v. Sheldon LEE and James Brown.

No. 61729.

Supreme Court of Louisiana.

June 28, 1978.

Clifford Cardone, Orleans Indigent Defender Program, New Orleans, for defendants-appellants.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Con-nick, Dist. Atty., John L. A. Lenfant, III, Asst. Dist. Atty., for plaintiff-appellee.

PER CURIAM.

Affirmed.
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be

published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-50682

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RAUNEL BENITEZ-LEON;

CALIXTO PEREZ-REBOLLAR,

Defendants-Appellants.

Appeal from the United States District Court

For the Western District of Texas

(DR-96-CR-129-1)

May 29, 1998

Before POLITZ, Chief Judge, JOLLY and STEWART, Circuit Judges.

PER CURIAM:*

Raunel Benitez-Leon and Calixto Perez-Rebollar appeal their jury verdict

marihuana convictions for: (1) conspiracy to possess with intent to distribute,

(2) conspiracy to import, (3) possession with intent to distribute, and
1

 21 U.S.C. §§ 841(a)(1), 846, 952(a), 960(a)(1), and 963.

2 United States v. Lombardi, 138 F.3d 559 (5th Cir. 1998).

3 United States v. Casilla, 20 F.3d 600 (5th Cir. 1994).

2

(4) importation.1 They challenge the sufficiency of the evidence supporting their

convictions. The district court denied their motions for acquittal at close of

presentation of the evidence and after the jury returned its verdicts of guilty on all

four counts.

Viewing the evidence in the light most favorable to the jury’s verdict, as we

must do, 2our review of the record and briefs leads inexorably to the conclusion

that the evidence was sufficient to support the convictions.3

The convictions and sentences are therefore AFFIRMED.
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 GL Energy and Exploration,  Inc. (the
"Company")  on Form 10-QSB for the period  ended June 30, 2004 as filed with the
Securities and Exchange Commission (the "Report"),  each of the undersigned,  in
the capacities and on the dates indicated below, hereby certifies 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; and

         2.     the information  contained in the Report fairly presents, in all
material  respects,  the  financial  condition  and results of  operation of the
Company.


Dated:  August 20, 2004                               /s/ Donald Byers
                                                      -----------------------
                                               Name:  Donald Byers
                                               Title: Chief Executive Officer


Dated:  August 20, 2004                               /s/ Donald Byers
                                                      -----------------------
                                               Name:  Donald Byers
                                               Title: Chief Financial Officer
Exhibit 31.1

            PRINCIPAL EXECUTIVE OFFICER CERTIFICATION

I, John W. Peters, certify that:

1.     I have reviewed this quarterly report on Form 10-QSB of Suncrest Global
Energy Corp.;

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

3.     Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects
the financial condition, results of operations and cash flows of the small
business issuer as of, and for, the periods presented in this report.

4.     The small business issuer's other certifying officer(s) and I are
responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
small business issuer and have:

       (a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the small business issuer,
including its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this report is being
prepared;

       (b) Evaluated the effectiveness of the small business issuer's
disclosure controls and procedures and presented in this report our
conclusions about the effectiveness of the disclosure controls and procedures,
as of the end of the period covered by this report based on such evaluation;
and

       (c) Disclosed in this report any change in the small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter (the small business issuer's
fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the small business
issuers's internal control over financial reporting; and

5.     The small business issuer's other certifying officer(s) and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to the small business issuer's auditors and the audit
committee of small business issuer's board of directors (or persons performing
the equivalent function):

       (a) All significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer's ability to record,
process, summarize and report financial information; and

       (b) Any fraud, whether or not material, that involves management or
other employees who have a significant role in the small business issuer's
internal control over financial reporting.



Date: October 29, 2003      /s/ John W. Peters
                            __________________________________________
                            John W. Peters, Principal Executive Officer
[Federal Register Volume 62, Number 160 (Tuesday, August 19, 1997)]
[Notices]
[Pages 44121-44122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21945]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER97-3856-000]


The Washington Water Power Company; Notice of Filing

August 13, 1997.
    Take notice that on July 24, 1997, The Washington Water Power 
Company

[[Page 44122]]

(WWP) tendered for filing with the Federal Energy Regulatory Commission 
executed Service Agreements for Non-Firm Point-To-Point Transmission 
Service under WWP's Open Access Transmission Tariff--FERC Electric 
Tariff, Volume No. 8. WWP requests the Service Agreements be given 
effective dates of July 1, 1997 and July 16, 1997.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such 
motions or protests should be filed on or before August 26, 1997. 
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 motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-21945 Filed 8-18-97; 8:45 am]
BILLING CODE 6717-01-M
#### Mrs. Judith Homes, wife of Norman L. JOHNSON v. Norman L. JOHNSON.

No. 62195.

Supreme Court of Louisiana.

June 2, 1978.

In re: Judith Homes applying for certio-rari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 357 So.2d 69.

Writ denied.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 4, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40311

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SAUL RAZO-SOTO,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas 

USDC No. 5:05-CR-1945-ALL

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

Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit

Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Saul Razo-Soto

raises arguments that are foreclosed by Almendarez-Torres v.

United States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C.

§ 1326(b)(2) is a penalty provision and not a separate criminal

offense. The Government’s motion for summary affirmance is

GRANTED, and the judgment of the district court is AFFIRMED.
**U.S. Agricultural Trade with the Developed Pacific Rim (90007)**
# Distribution J4 celebrates the season with ugly sweater contest

/ Published Dec. 19, 2018
NEW CUMBERLAND, Pa., 
DLA Distribution J4 hosted an ugly sweater contest in honor of the holiday season. Featured donning their holiday creations are (left to right):  Eric “king of the elves” Rhodes, Nancy “where’s my drink and cigs” Bates, Laura “I fell in the supply room” Bailey, Emily “ bleeding unicorn horn” Crusey, Brain “hobo” Fahnestock and Gregory “look at me, I’m in a picture” Pigg. The winners will be announced later this week.
[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Proposed Rules]
[Page 44932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22406]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 97-175; RM-9138]


Radio Broadcasting Services; Presho, SD

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: The Commission requests comments on a petition filed by West 
Wind Broadcasting proposing the allotment of Channel 262A at Presho, 
South Dakota, as the community's first local aural transmission 
service. Channel 262A can be allotted to Presho in compliance with the 
Commission's minimum distance separation requirements at city reference 
coordinates. The coordinates for Channel 262A at Presho are North 
Latitude 43-54-24 and West Longitude 100-03-36.

DATES: Comments must be filed on or before October 6, 1997, and reply 
comments on or before October 21, 1997.

ADDRESSES: Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the FCC, interested parties should 
serve the petitioner, his counsel, or consultant, as follows: Victor A. 
Michael, Jr., President, West Wind Broadcasting, c/o Magic City Media, 
1912 Capitol Avenue, Suite 300, Cheyenne, Wyoming 82001(Petitioner).

FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 97-175, adopted August 6, 
1997, and released August 15, 1997. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC Reference Center (Room 239), 1919 M Street, NW., 
Washington, DC. The complete text of this decision may also be 
purchased from the Commission's copy contractor, International 
Transcription Service, Inc., (202) 857-3800, 1231 20th Street, NW., 
Washington, DC 20036.
    Provisions of the Regulatory Flexibility Act of 1980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 97-22406 Filed 8-22-97; 8:45 am]
BILLING CODE 6712-01-P
**Cold_Storage_(PCS-BB)
A product of the National Agricultural Statistics Service, Agricultural Statistics Board, U.S. Department of Agriculture**Description:**
**
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 TREATY ENERGY CORPORATION (the "Company") on Form 10-Q as filed with the Securities and Exchange Commission on the date hereof (the "Report'), I, Randall Newton, Chief Executive Officer of the Company, certify, pursuant to 18 USC section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:





(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.






Treaty Energy CorporationDate: May 14, 2010
/s/ Randall NewtonRandall NewtonChief Executive Officer
# EXHIBIT 32.1 

**CERTIFICATION PURSUANT TO 18 U.S.C. § 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

        Inconnection with the Quarterly Report of Alliance Fiber Optic Products, Inc., (the“Company”) on form 10-QSB for the period ended September 30, 2003 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,Peter C. Chang, the 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,to my knowledge: 

        (i)                 the Report fully complies with the requirements of section 13(a) or 15(d) of the          Securities Exchange Act of 1934, and 

        (ii)                 the information contained in the Report fairly presents, in all material          respects, the financial condition and results of operations of the Company.
# L_2011264EN.01005501.xml

| 8.10.2011 | EN | Official Journal of the European Union | L 264/55 |
| --- | --- | --- | --- |

8.10.2011

EN

Official Journal of the European Union

L 264/55

---

Corrigendum to Decision 2010/592/EU of the Representatives of the Governments of the Member States of 29 September 2010 appointing a judge to the Court of Justice

(
  Official Journal of the European Union L 261 of 5 October 2010
  )

On page 5, signature:

for:

‘
  For the Council

The President

J. DE RUYT
  ’,

read:

‘
  The President

J. DE RUYT
  ’

---
[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Notices]
[Page 45872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23014]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[AZ-050-07-1430-01; AZA 30123]


Arizona: Notice of Realty Action: Noncompetitive Sales of Public 
Lands in Yuma County, Arizona: Correction

AGENCY: Bureau of Land Management, Interior

ACTION: Correction.

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

SUMMARY: This notice corrects the information published on page 36571 
in the issue of Tuesday, July 8, 1997 (Vol. 62, No. 130). Certain lands 
in San Luis, Arizona, were found suitable for direct sale to the Shay 
Oil Company. The following described parcel has since been found 
unsuitable for direct sale:

Gila and Salt River Meridian, Arizona

T. 11 S., R. 25 W.,
    Sec. 12, lot 6, block 30 of the San Luis Townsite.

    Containing 0.273 acres, more or less.

FOR FURTHER INFORMATION CONTACT: Realty Specialist Dave Curtis at (520) 
317-3237.

    Dated: August 20, 1997.
Gail Acheson,
Field Manager.
[FR Doc. 97-23014 Filed 8-28-97; 8:45 am]
BILLING CODE 4310-32-M