alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Thomas Henry BLACKWELL and James McDole, Appellants, v. STATE of Florida, Appellee.

Nos. Q-256, Q-258.

District Court of Appeal of Florida, First District.

Nov. 28, 1972.

Richard W. Ervin, III, Public Defender, for appellants.

Robert L. Shevin, Atty. Gen., and William E. Whitlock, III, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellants seek reversal of their judgment of conviction and sentence based upon a jury verdict finding them guilty of the offense of robbery. Their sole point on appeal challenges the correctness of the trial court’s order denying their motion for a mistrial which was made on the ground that a statement made by the prosecuting attorney in the jury’s presence constituted a comment on appellants’ failure to testify in their own behalf, as proscribed by former, F.S., Section 918.09, F.S.A. now Rule 1.250, R.Cr.P., 33 F.S.A., and the Fifth Amendment to the Constitution of the United States as interpreted in the case of Griffin v. California.1

We have carefully reviewed the statement of the prosecuting attorney to which objection was interposed and conclude that, considering the context in which it was made, it amounted to nothing more than a reiteration of the directions which the court had already given to appellants’ counsel as to the manner in which he should present his proof and did not constitute a comment on appellants’ failure to testify in their own behalf. In fact at that point in the trial defendants had just commenced the presentation of their evidence and had examined only one witness in an effort to establish their challenge to the voluntariness of their confessions. Each appellant later voluntarily took the witness *188stand and testified in his own behalf, and the issue was resolved by the witnesses whom the jury elected to believe.

Having failed to demonstrate reversible error, the judgments appealed are affirmed.

CARROLL, DONALD K., Acting C. J., and WIGGINTON, and RAWLS, JJ-, concur.

1

. Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106, reh. den. 381 U.S. 957, 85 S.Ct. 1797, 14 L.Ed.2d 739.
ex10_28.htm





Exhibit 10.28

 







March 11, 2014







John Varian


930 Noe Street


San Francisco, California  94114


 



	
  

	
Re:

	
Retention Benefit Agreement







 


Dear John:


 








As you are well aware, the Board pressed you to jump into XOMA at a time when the Company was vulnerable but showing very encouraging early signs in many of its programs.  That was at the same time that you were attempting to reduce your overall workload.  You were persuaded to take on the challenge and have been successful thus far, and the Board could not be more appreciative of your efforts to create value for the Company and of the sacrifices that you have made to help make that a reality.  We again want to implore you to continue to help create additional value, build out the team and help position the Company for this next important phase of its growth.


 


In recognition of the significant contributions that we expect you to make during the next several years, and in order to encourage you to continue to work full time as CEO of the Company, we are entering into this Retention Bonus Agreement (the “Agreement”) with you.


 


In the event that you remain an employee or director of the Company through the earlier to occur of (1) the annual meeting of stockholders held in 2017, (2) an agreement by the Company’s Board of Directors to treat your departure as a retirement under the terms of our equity awards program, or (3) a Change in Control of the Company as defined in that certain Change in Control Agreement, dated January 4 2012 (the “Bonus Date”), the Company will extend to you the “Retention Benefit” described below. The Retention Benefit would be that each of the options and restricted stock units held by you as of the Bonus Date would become fully vested as of the Bonus Date and, with respect to options, even if the options were not fully exercisable prior to the Bonus Date, each option would remain vested and exercisable for the full term of such option until the expiration date of the option set forth in the applicable stock option agreement as if you had not incurred a termination of service (as defined in the award agreements), but in no event later than ten years following the grant date of the option. On the expiration date of your options set forth in the applicable stock option agreements, your options would terminate and cease to be exercisable.  Except as otherwise provided in this letter agreement, your options and restricted stock units will remain subject to the terms of the applicable award agreements.


 




  





  











  






 





This Agreement contains our entire agreement concerning the Retention Benefit.  Nothing in this Agreement will alter the “at will” nature of your employment relationship with the Company or otherwise change your compensation, benefits, bonus arrangements or the Change in Control Agreement.


 


Sincerely,


 


XOMA Corporation








	  	 
	
W. Denman Van Ness

	 
	
Chairman of the Board of Directors

	 





 


I agree to and accept the terms and conditions of this Retention Benefit Agreement.


 



	
 

	
Dated:


	
John Varian
EXHIBIT 21.1

                              JUNIPER GROUP, INC.

                                  SUBSIDIARIES


All of the Company's subsidiaries are wholly-owned.

Juniper Group, Inc. Subsidiaries                                Incorporated In
Juniper Entertainment, Inc. ..................................   New York
Juniper Medical Systems, Inc. ................................   New York

Juniper Entertainment, Inc. Subsidiary                          Incorporated In
Juniper Pictures, Inc. .......................................   New York

Juniper Medical Systems, Inc. Subsidiaries                      Incorporated In
PartnerCare, Inc. ............................................   New York
Juniper Healthcare Containment Systems, Inc. .................   New York
PartnerCare Funding, Inc. ....................................   New York
PartnerCare Select, Inc. .....................................   New York
EXHIBIT 10(iii)(v)


 


NOTICE
OF ELIGIBILITY


 


Overseas Shipholding Group, Inc.

666 Third Avenue

New York, New York 10017


 


 


 


James Edelson


c/o Overseas Shipholding Group, Inc.


666 Third Avenue


New York, New York 10017


 


Dear Mr. Edelson:


 


Reference is hereby made to the Overseas
Shipholding Group, Inc. Severance Protection Plan, effective as January 1, 2006, as amended and restated effective as of December
31, 2008 (the “Plan”). Any capitalized term used but not defined herein shall have the meaning ascribed to such term
in the Plan.


 


The purpose of this Notice of Eligibility
is to inform you that effective as of December 31, 2008, subject to the terms of the Plan, you are hereby eligible to participate
in the Plan as a Tier A Executive. This Notice of Eligibility shall supersede and replace any prior Notice of Eligibility provided
to you.


 


Sincerely,


 


Overseas Shipholding
Group, Inc.


 





	By:	/s/Robert E. Johnston	 	 
	Name:  	Robert E. Johnston	 	 
	Title:	Senior Vice President	 	 







 


ACKNOWLEDGEMENT AND AGREEMENT:


 


In consideration of participation in the Plan as an Eligible
Executive, the undersigned hereby acknowledges and agrees to be bound by the restrictive covenants and agreements set forth in
Section 7 of the Plan, including, without limitation, the injunctive provisions of Section 7(b).


 





	/s/James I. Edelson	 
	James Edelson	 
	Date:  December 22, 2008
<PAGE>
                                                                    EXHIBIT 32.1

                  CERTIFICATION OF CHIEF EXECUTIVE OFFICER (1)

Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the following certification is being made to
accompany the Registrant's Quarterly Report on Form 10-Q for the period ended
October 29, 2005:

In connection with the Quarterly Report of Del Global Technologies Corp. (the
"Company") on Form 10-Q for the period ended October 29, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Walter
F. Schneider, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, 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
          Section 15(d), as applicable, 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.

                                        /s/ Walter F. Schneider
                                        ----------------------------------------
                                        Name: Walter F. Schneider
                                        Title: Chief Executive Officer
                                        Date: December 13, 2005

(1)  A signed original of this written statement required by Section 906 has
     been provided to Del Global Technologies Corp and will be retained by Del
     Global Technologies Corp. and furnished to the Securities and Exchange
     Commission or its staff upon request.

     The foregoing certification is being furnished solely pursuant to 18 U.S.C.
     Section 1350 and is not being filed as part of the Report or as a separate
     disclosure document.


                                       31
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000036548
<NAME> FIRST MORTGAGE CORP

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          FEB-28-1999
<PERIOD-END>                               MAY-31-1999
<CASH>                                         162,824
<SECURITIES>                                         0
<RECEIVABLES>                                  672,922
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               835,746
<PP&E>                                           2,002
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,135,716
<CURRENT-LIABILITIES>                          123,967
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        51,102
<OTHER-SE>                                     960,647
<TOTAL-LIABILITY-AND-EQUITY>                 1,135,716
<SALES>                                              0
<TOTAL-REVENUES>                               142,362
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                55,750
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 86,612
<INCOME-TAX>                                    29,448
<INCOME-CONTINUING>                             57,164
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    57,164
<EPS-BASIC>                                      0.001
<EPS-DILUTED>                                    0.001


</TABLE>
EXHIBIT 99.1



PROXY	ACTIONPOINT, INC.	PROXY

PROXY
2002 Annual Meeting of Stockholders
______ __, 2002



THIS PROXY IS SOLICITED ON BEHALF OF THE BOARD OF
DIRECTORS



The undersigned hereby appoints STEPHEN S. FRANCIS and
JOHN FINEGAN and each or either of them as Proxies of the undersigned, with full
power of substitution, and hereby authorizes them to represent and to vote, as
designated below, all of the shares of common stock of ACTIONPOINT, INC., held
of record by the undersigned on _______ __, 2002, at the 2002 Annual Meeting of
Stockholders of ActionPoint, Inc. to be held ________ __, 2002, or at any
adjournment or postponement thereof.



The Board of Directors recommends a vote FOR Proposal Nos.
1, 2, 3, 4, 5 and 6. This Proxy, when properly executed, will be voted as specified
on the reverse side.  This Proxy will be voted FOR Proposal Nos. 1, 2, 3, 4, 5 and
6 if no specification is made.





---



1.	To approve the issuance of shares of ActionPoint common stock to the
stockholders of Captiva and the holders of all the outstanding options and
warrants of Captiva which will be assumed by ActionPoint, pursuant to the merger
agreement by and among ActionPoint, Condor Merger Corp., a wholly owned
subsidiary of ActionPoint, and Captiva Software Corporation.

`[ ]  1 FOR   		[ ] 2 AGAINST		[ ] 3 ABSTAIN`

2. 	To approve an amendment to ActionPoint's amended and restated
certificate of incorporation to change the name of ActionPoint to Captiva
Software Corporation.

`[ ]  4 FOR   		[ ] 5 AGAINST		[ ] 6 ABSTAIN`

3.	To electthe proposed directors.

`[ ]  7 FOR all nominees	[ ] 8 WITHHOLD AUTHORITY
	 listed below 	        to vote for all nominees

   [ ] 9 EXCEPTIONS`

INSTRUCTION:

`Patrick Edsell 		Bruce Silver
		Kimra Hawley		Daniel Tompkins
		Thomas van Overbeek	John Finegan
		Stephen Francis`

4.	To ratify the selection of PricewaterhouseCoopers LLP as
independent public accountants of ActionPoint.

`[ ] 10 FOR   		[ ] 11 AGAINST		[ ] 12 ABSTAIN`

5.	To approve the amendment and restatement of ActionPoint's employee stock purchase plan to provide for an
increase in the number of shares reserved for issuance under the plan for 2002
, and provide for automatic restoration of the reserved share level on an
annual basis.

`[ ] 13 FOR   		[ ] 14 AGAINST		[ ] 15 ABSTAIN`

6.	To authorize the Proxies to vote upon such other
matters as may properly come before the meeting in their discretion.

Please sign exactly as your name(s) is (are) shown on the share certificate
to which the Proxy applies. When shares are held by joint tenants, both should
sign. When signing as an attorney, executor, administrator, trustee or guardian,
please give full title as such. If a corporation, please sign in full corporate
name by President or other authorized officer. If a partnership, please sign in
partnership name by authorized person.

`DATED:    ___________________________, 2002

	Signature:______________________________________________________________

		  ______________________________________________________________
		(Additional signature if held jointly)`

PLEASE SIGN, DATE AND RETURN THIS PROXY PROMPTLY USING THE
ENCLOSED ENVELOPE.
<TABLE> <S> <C>



<ARTICLE>      5

<S>                             <C>
<PERIOD-TYPE>                                            3-MOS
<FISCAL-YEAR-END>                                  DEC-31-1999
<PERIOD-START>                                     APR-01-1999
<PERIOD-END>                                       JUN-30-1999
<CASH>                                                  89,000
<SECURITIES>                                                 0
<RECEIVABLES>                                        3,953,197
<ALLOWANCES>                                           124,000
<INVENTORY>                                          4,335,529
<CURRENT-ASSETS>                                     8,632,931
<PP&E>                                               4,592,959
<DEPRECIATION>                                       2,819,445
<TOTAL-ASSETS>                                      13,479,176
<CURRENT-LIABILITIES>                                8,428,575
<BONDS>                                              2,416,011
<COMMON>                                                 6,107
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                          1,237,587
<OTHER-SE>                                           1,158,790
<TOTAL-LIABILITY-AND-EQUITY>                        13,479,176
<SALES>                                              8,763,000
<TOTAL-REVENUES>                                     8,763,000
<CGS>                                                8,312,137
<TOTAL-COSTS>                                        8,312,137
<OTHER-EXPENSES>                                             0
<LOSS-PROVISION>                                             0
<INTEREST-EXPENSE>                                     398,666
<INCOME-PRETAX>                                     (3,088,360)
<INCOME-TAX>                                                 0
<INCOME-CONTINUING>                                          0
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                        (3,088,360)
<EPS-BASIC>                                            (0.54)
<EPS-DILUTED>                                            (0.54)



</TABLE>
**EXHIBIT 23**

Consent of Independent Registered Public Accounting Firm 

We consent to the incorporation by reference inthe Registration Statement (Form S-8 Nos. 33-94546, 333-07195, 33-94544, 333-07199, 333-52589, 333-62781, 333-52593, 333-77883, 333-87882 and 333-87880) pertaining to the Sypris Solutions, Inc. 1994 Stock Option Plan for Key Employees and to theSypris Solutions, Inc. Independent Directors’ Stock Option Plan and in the Registration Statement (Form S-8 Registration Statement No. 333-114982) pertaining to the Sypris Solutions, Inc. 2004 Equity Plan, of our reports datedMarch 6, 2008, with respect to the consolidated financial statements and schedule of Sypris Solutions, Inc., and the effectiveness of internal control over financial reporting of Sypris Solutions, Inc., included in this Annual Report (Form10-K) for the year ended December 31, 2007. 

/s/ Ernst & Young LLP 

Louisville, Kentucky 

March 6, 2008
**Exhibit32.2**

 

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

 

**In connection with the Annual report on Form 10-K of THQInc. (the “Company”) for the period ended March 31, 2004, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, EdwardK. Zinser, Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. § 1350, that:**

 

**(1)           TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and**

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

 

 
|   | /s/ Edward K. Zinser    |   |
|--------|-------------------------|--------|
|   | Edward K. Zinser        |
|   | Chief Financial Officer |
|   | June 14, 2004           |

 

1

----
Exhibit 23.3





Source Energy Corp.


3555 Santoro Way, Suite A


San Diego, CA 92130


Phone (858) 259-2271


Fax     (858) 259-2273





February 23, 2011





Mr. Stephen Hosmer


Royale Energy Inc.


7676 Hazard Center Drive, Suite 150


San Diego, CA 92108





Dear Mr. Hosmer:





We hereby consent to the incorporation by reference in the registration statement (No. 333-163184) on Form S-3 of Royale Energy, Inc. (the “Company”) of the reference to Source Energy Corp. and the inclusion of our report dated February 23,2011, in the Annual Report on Form 10-K for the year ended December 31, 2010, of the Company, filed with the Securities and Exchange Commission.





We also consent to the reference to our firm under the captions "Experts" in the Prospectus, which is part of this Registration Statement.





Source Energy CorpBy:    /s/ James FrimodigTitle:    President
Exhibit 10.68**Amendment to Stock Option Agreement**     This Amendment to Stock Option Agreement (the “Amendment”) is made on the ___ day ofDecember, 2006 by and between Cyberonics, Inc., a Delaware corporation (the “Company”) and                                                             (“Optionee”).     **Whereas**, the Company and Optionee entered into a Stock Option Agreement having a grant date ofMay 2, 2001 (the “Agreement”); and     **Whereas**, the Company has undergone an extensive investigation of its option grant practicesand procedures; and     **Whereas**, that investigation has revealed that the options granted under the Agreement weremisdated; and     **Whereas,**the Company and Optionee have mutually agreed to amend the Agreement to modify theDate of Grant and Exercise Price per Share;     **Now, Therefore**, for a good and valuable consideration, the receipt and sufficiency of which ishereby acknowledged, the parties agree as follows:     1. Section I, Notice of Stock Option Grant of the Agreement is amended to delete the statedDate of Grant and Exercise Price per Share and substitute the following:   “Date of Grant April 30, 2001   Exercise Price per Share $11.47”     2. This Amendment supersedes all prior agreements, amendments, understandings, negotiations,and discussion, oral or written, related to such subject matter.     3. Except as expressly amended herein, the terms of the Agreement remain unchanged.     4. This Amendment may be signed in counterparts, each of which shall be an original, with thesame effect as if the signatures thereto and hereto were upon the same instrument. Signatures byfacsimile shall bind the parties hereto.       OPTIONEE   CYBERONICS, INC.           By:               John A. Riccardi      Chief Financial Officer  
 

 
**Schedule of Optionees**   Name  Appel, Stanley  Coelho, Tony  Olsen, Alan  Reese, Terry  Strauss, Michael
#### Dennis O’CONNOR, Appellant, v. Mary Louise O’CONNOR, Appellee.

No. 73-458.

District Court of Appeal of Florida, Third District.

July 17, 1973.

PER CURIAM.

Affirmed.
Exhibit 32.1

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of Farmer Bros. Co. (the Company) on Form 10-Q for the fiscal quarter ended December 31,
2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Roger M. Laverty III, President and 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; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



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

Dated: February 9, 2011



/s/ Roger M. Laverty IIIRoger M. Laverty IIIPresident and Chief Executive Officer(Principal Executive Officer)


A signed original of this written statement required by Section 906 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.