alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
csgs-ex1051b_8.htm



Exhibit 10.51B

AMENDMENT NO. 1

TO

AMENDED AND RESTATED EMPLOYMENT AGREEMENT

 

This Amendment No. 1 to Amended and Restated Employment Agreement is made and entered into on the 17th day of November, 2016, among CSG SYSTEMS INTERNATIONAL, INC. ("CSGS"), a Delaware corporation, CSG SYSTEMS, INC. ("Systems"), a Delaware corporation, and BRET C. GRIESS (the "Executive").  CSGS and Systems collectively are referred to in this Amendment No. 1 to Amended and Restated Employment Agreement as the "Companies". 

 

*  *  *

 

WHEREAS, the Companies and the Executive entered into an Amended and Restated Employment Agreement dated November 19, 2015 (the "Employment Agreement"); and 

 

WHEREAS, the Companies and the Executive desire to amend the Employment Agreement as set forth in this Amendment No. 1; 

 

NOW, THEREFORE, in consideration of the foregoing recitals and the agreements of the parties contained in this document, the Companies and the Executive agree as follows: 

 

1.Effective immediately, clause (iii) of subparagraph (e) of Paragraph 10 of the Employment Agreement is amended in its entirety so as to read as follows: 

 


	
 
	
"(iii)
	
An amount equal to three (3) times the sum of (1) the Executive's Base Salary for the calendar year in which the Termination Date occurs plus (2) the performance-based cash bonus which the Executive would receive for the calendar year in which the Termination Date occurs if the Companies attained 100% of their performance goals for such calendar year, reduced as necessary so that the actual amount, if any, payable under this clause (iii) plus the applicable amounts of any other relevant payments or benefits under this subparagraph (e) is $1.00 less than the amount which would result in the imposition of a tax under Section 4999 of the Internal Revenue Code of 1986, as amended (the "Code"), on "excess parachute payments" (as defined in Section 280G of the Code), such amount to be paid in a lump sum by the Companies to the Executive no later than thirty (30) days after the determination of such amount;".  
	
 




 

2.As amended by this Amendment No. 1 to Amended and Restated Employment Agreement, the Employment Agreement will remain in full force and effect according to its terms. 

 

IN WITNESS WHEREOF, each of the parties has caused this Amendment No. 1 to Amended and Restated Employment Agreement to be executed as of the date first set forth above. 

 


		
	
CSG SYSTEMS INTERNATIONAL, INC., 
	
 

	
a Delaware corporation 
	
 

	
 
	
 

	
By: /s/ Randy R. Wiese
	
/s/ Bret C. Griess

	
Randy R. Wiese, Chief Financial Officer
	
Bret C. Griess

	
 
	
 

	
CSG SYSTEMS, INC., a Delaware corporation
	
 

	
 
	
 

	
By: /s/ Randy R. Wiese
	
 

	
Randy R. Wiese, Chief Financial Officer
### Conference Call with Tribal Environmental Professionals

February 11, 2010

Meeting Note to the Docket

Discussion Topics

On Feb r u ary 11, 2010 , representatives from the US Environmental Protection Agency

(EPA) participated in a meeting to update intereste d members from the National Tribal

Air Association (NTAA) o n the status of the rule titled: “Review of New Sources and

Modifications in Indian Country.” The attendees discussed the:

• Proposed schedule for finalizing the rule
#### Richard E. METZ et al., Appellants, v. CA-JU-JO, INC., a Florida corporation, et al., Appellees.

No. 73-163.

District Court of Appeal of Florida, Second District.

Feb. 6, 1974.

Appeal from Circuit Court, Pinellas County.

Appeal dismissed.
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 Quarterly Report on Form 10-Q of CFC International,
     Inc. and subsidiaries (the "Company") for the quarterly period ended
     September 30, 2003 as filed with the Securities and Exchange Commission on
     the date hereof (the "Report"), I Dennis W. Lakomy, Executive Vice
     President, and Chief Financial Officer of the Company, hereby certify,
     pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
     Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

         (1) The Report fully complies with the requirements of Section 13(a) or
     15(d) of the Securities and 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/                                               Dennis W. Lakomy
     ------------------------------------------------------------------
     Name:        Dennis W. Lakomy
     Title:       Executive Vice President, and Chief Financial Officer
     Date:        November 05, 2003

     This certification accompanies the Report pursuant to ss. 906 of the
     Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
     the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes
     of ss. 18 of the Securities Exchange Act of 1934, as amended.

     A signed original of this written statement required by Section 906 has
     been provided by CFC International, Inc., and will be retained by CFC
     International, Inc. and furnished to the Securities Exchange Commission or
     its staff upon request.
<TABLE> <S> <C>

<ARTICLE>                                 5
<CIK>                                     0000027748
<NAME>                                    DEL GLOBAL TECHNOLOGIES CORP.
       
<S>                                       <C>
<PERIOD-TYPE>                             YEAR
<FISCAL-YEAR-END>                         AUG-01-1998
<PERIOD-START>                            AUG-03-1997
<PERIOD-END>                              AUG-01-1998
<CASH>                                       3,401,697
<SECURITIES>                                   913,125
<RECEIVABLES>                               14,548,268
<ALLOWANCES>                                   206,524
<INVENTORY>                                 29,195,262
<CURRENT-ASSETS>                            52,517,348
<PP&E>                                      19,229,901
<DEPRECIATION>                               6,490,392
<TOTAL-ASSETS>                              72,356,627
<CURRENT-LIABILITIES>                       10,770,022
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       798,898
<OTHER-SE>                                  58,656,906
<TOTAL-LIABILITY-AND-EQUITY>                72,356,627
<SALES>                                     62,304,878
<TOTAL-REVENUES>                            62,304,878
<CGS>                                       36,908,317
<TOTAL-COSTS>                               36,908,317
<OTHER-EXPENSES>                            17,136,402
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (167,926)
<INCOME-PRETAX>                              8,428,085
<INCOME-TAX>                                 2,639,497
<INCOME-CONTINUING>                          5,788,588
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 5,788,588
<EPS-PRIMARY>                                      .77
<EPS-DILUTED>                                      .71
        


</TABLE>
Exhibit 32





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned, Pol Brisset, President, Chief Executive Officer, Secretary, Treasurer and Principal Financial Officer of Buckeye Oil & Gas, Inc. (the “Company”), certifies, under the standards set forth and solely for the purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge, the Quarterly Report on Form 10-Q of the Company for the quarter ended August 31, 2012 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in that Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.








Date: October 15, 2012





/s/ Pol Brisset

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

Pol Brisset

President, Chief Executive Officer, Chief Financial Officer and Treasurer

(Principal Executive Officer, Principal Financial Officer, and Principal Accounting Officer)
#### Johnny Lee JONES, Appellant, v. The STATE of Florida, Appellee.

No. 71-877.

District Court of Appeal of Florida, Third District.

Feb. 1, 1972.

Rehearing Denied Feb. 23, 1972.

Miller & Russell, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Barry Scott Richard, and Arnold Ginsberg, Asst. Attys. Gen., for appellee.

Before SWANN, C. J., and CHARLES CARROLL and HENDRY, JJ.

PER CURIAM.

A jury found Johnny Lee Jones guilty of the first degree murder of Cloyce Bradley Cook and recommended mercy. He was sentenced to life imprisonment and has appealed his judgment of conviction.

*297The sole issue on appeal is whether the trial court committed reversible error in allowing into evidence a posed photograph showing the position of a rope and towel around the neck of the decedent. Appellant claims the photograph is gruesome, prejudicial and not relevant to any of the issues in his trial.

We have examined the photograph and do not find it to be so gruesome or inflammatory as to be prejudicial and require reversal. See Kitchen v. State, Fla.1956, 89 So.2d 667 and Albritton v. State, Fla.App.1969, 221 So.2d 192.

Assuming arguendo that the photograph of the decedent was inflammatory in character we hold it was relevant to the issue of the identity of the deceased, the defense of suicide raised by appellant during the trial, and the cause of death. In Mardorff v. State, 1940, 143 Fla. 64, 196 So. 625, the Supreme Court, in commenting on prejudicial photographs said:

> “Where they are otherwise properly admitted, it is not a valid objection to the admissibility of photographs that they tend to prejudice the jury. Competent and material evidence should not be excluded merely because it may have a tendency to cause an influence beyond the strict limits for which it is admissible.”

and on page 627 the following:

> “We close our discussion of the correctness of the court’s action in admitting the pictures with the observation that the defendant could not complain because of their shocking nature when the horrible scene disclosed was one which he, himself, created.”

See also Grant v. State of Florida, Fla.1965, 171 So.2d 361; Albritton, supra; and Belger v. State, Fla.App.1965, 171 So.2d 574.

The judgment of conviction is

Affirmed.
<PAGE>

                                                                    Exhibit 23.4

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the reference to our firm under the caption "Experts" in the
Registration Statement (Form S-4) and related joint proxy statement/prospectus
of DIGITAL FUSION, INC. for the registration of 19,776,256 shares of its common
stock and to the inclusion and incorporation by reference therein of our report
dated March 31, 1999, with respect to the financial statements of digital
fusion, inc. (formerly ROI Consulting, Inc.) for the year ended December 31,
1998 included in the amended Current Report on Form 8-K/A of IBS interactive,
Inc. filed with the Securities and Exchange Commission on May 16, 2000.


/s/ Ernst & Young LLP

Jacksonville, Florida
September 26, 2000
----

----

EXHIBIT (32)(a)

| (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. |
|-----------------|------------------------------------------------------------------------------------------------------------------------------------------------------|

|                    |   |                                                         |   |
|-------------------------|--------|--------------------------------------------------------------|--------|
| Date: February 24, 2011 | By:    | /s/ Vinod M. Khilnani                                   |   |
|                    |   | Vinod M. Khilnani                                            |   |
|                    |   | Chairman of the Board, President and Chief Executive Officer |   |
|                    |   |                                                         |   |
** **

**Exhibit32.1**

 

**CERTIFICATION PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

Each of the undersigned, in his or her capacity as an officer of CubicCorporation hereby certifies pursuant to Section 906 of the Sarbanes-Oxley Actof 2002 that:

 

1.          The annual report ofCubic Corporation (the “Registrant”) on Form 10-K for the year endedSeptember 30, 2003 (the “Report”), which accompanies this certification,fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of  1934.

 

2.          The informationcontained in the Report fairly presents, in all material respects, thefinancial condition of the Registrant at the end of such year and the resultsof operations of the Registrant for such year.

 

 
| /S/   W. J. Zable       |                    | /S/ W.W. Boyle |   |
|------------------------------|-------------------------|----------------|--------|
| W. J. Zable                  | W. W. Boyle             |
| Chief Executive Officer      | Chief Financial Officer |
|                         |                    |
| Date: December 10, 2003 |                    |

 

1

----
EX-4.1



 Exhibit 4.1 
 




 
 Resource Development COMMON STOCK CUSIPINCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARETHIS CERTIFIES
THATIS THE REGISTERED HOLDER OFFULLY PAID AND NON-ASSESSABLE SHARES OF COMMON STOCK, $0.01 PAR VALUE PER SHARE OFWILD HORSE RESOURCE DEVELOPMENT CORPORATIONtransferable on the books of the Corporation in person or by duly authorized attorney upon
surrender of the Certificateproperly endorsed.This Certificate is not valid unless countersigned by the Transfer Agent and registered by the Registrar.WITNESS, the facsimile signature of the Corporation’s duly authorized officers.Dated:Jay C.
Graham, Chief Executive Officer [SEAL] Anthony Bahr, President 







 



 
 1(.,., ············
..·.·.·-·.-.·.·.·.·.·.·.-.··.·.w·.·.·.-.-.·.-.-.-.-.-.-.·.-.·.·.-.
..·.·.··.··.·.·.·.w .·•.-.·.-.w.-• .-.-.• .
..-•.-.·.·.-.·.·”’”·”•”•””•”“w.w.-.-.·.·.-.w. ·.·.·.-.-. .-.·.w.v•.• . w.w.-.The following
abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they werewritten out in full according to applicable laws or regulations:TEN COM—as tenants in commonTEN ENT—as tenants by the
entiretiesIT TEN—as joint tenants with right of survivorshipand not as tenants in commonUNIF GIFT MIN ACT———Custodian,             (Cust) (Minor)under Uniform Gifts to
MinorsAct             (State)Additional abbreviations may also be used though not in the above list.For value received,——————————hereby
sell, assign and transfer untoPLEASE INSERT SOCIAL SECURITY OR OTHERIDENTIFYING NUMBER OF ASSIGNEEPLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING POSTAL ZIP CODE, OF
ASSIGNEE—————————————————————- Sharesof the Common Stock represented by the within Certificate, and do hereby irrevocably constitute and
appointto- tr-ans-fer- th-e C-om-mo-n -Sto-ck- on- th-e b-ook-s o-f t-he -wit-hin- na-me-d -Co-rpo-rat-ion- wi-th -ful-l po-we-r o-f s-ubs-tit-utio-n -in t-he- pre-mi-ses-. AttorneyDated————-Signature(s) Guaranteed:XXNOTICE: THE
SIGNATURE(S) TO TillS ASSIGNMENT MUSTCORRESPOND WITH THE NAME(S) AS WRITTEN UPON THEFACE OF THE CERTIFICATE IN EVERY PARTICULAR,WITHOUT ALTERATION OR ENLARGEMENT OR ANYCHANGE WHATEVER.THE SIGNATURE(S) MUST BE GUARANTEED BY AN ELIGffiLEGUARANTOR
INSTITUTION (BANKS, STOCKBROKERS, SAVINGSAND LOAN ASSOCIATIONS AND CREDIT UNIONS WITHMEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEEMEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17 Ad-15.
#### Bobbie Jean CASWELL and Glen E. Caswell, Appellants, v. Arden D. ROGERS et al., Appellees.

No. 71-265.

District Court of Appeal of Florida, Fourth District.

Sept. 15, 1971.

Appeal from Circuit Court, Palm Beach County; James C. Downey, Judge.

Appeal dismissed.
257 La. 981

#### STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS v. Helen Seal RIVERS.

No. 51199.

Supreme Court of Louisiana.

March 10, 1971.

In re: Helen Seal Rivers applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of Washington. 242 So.2d 916.

It is ordered that the writ of review issue; that the Court of Appeal send up the record in duplicate of the case; and that counsel for plaintiff and defendant be notified.
# C_2013199EN.01000102.xml

| 11.7.2013 | EN | Official Journal of the European Union | C 199/1 |
| --- | --- | --- | --- |

11.7.2013

EN

Official Journal of the European Union

C 199/1

---

Non-opposition to a notified concentration

(Case COMP/M.6873 — IntercontinentalExchange/NYSE Euronext)

(Text with EEA relevance)

2013/C 199/02

On 24 June 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6873. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6873. EUR-Lex is the on-line access to the European law.

---
Exhibit



                 Exhibit 10.38
712 Fifth Avenue
New York, New York 10019
(212) 957-5002





November 16, 2016




GS Direct, L.L.C.
c/o Goldman Sachs & Co. 
85 Broad Street
New York, NY 10004
Attention: Bradley J. Gross


Re: Purchase Agreement


Dear Sir/Madam:


Reference is made to the Purchase Agreement, dated November 13, 2013, by and between GS Direct, L.L.C. (“GS Direct”) and Griffon Corporation (“Griffon”), as amended by that letter agreement dated November 12, 2014 an as further amended by that letter agreement dated November 12, 2015.


This is to confirm our agreement that Section 10 of the Purchase Agreement (“Right of First Negotiation, Investment Agreement and Registration Rights Agreement”) is hereby amended to extend the period thereunder from December 31, 2016 to December 31, 2017.


Please execute this letter in the space provided below to confirm your agreement with the foregoing. 


Sincerely,


Griffon Corporation




_/s/ Ronald J. Kramer___
Ronald J. Kramer
Chief Executive Officer


Acknowledged and Agreed:




G.S. Direct, L.L.C.




_/s/ Bradley J. Gross   __
Bradley J. Gross
Vice President
Exhibit 10.2






 







$10,000.00


Aug 9, 2016
















Promissory Note










As hereinafter agreed Grote Molen, Inc., jointly and severally, promises to pay to the order of David N. Nemelka  Ten Thousand Dollars ($10,000.00). And it is hereby agreed that the said amount ($10,000.00) shall be payable upon demand. Interest shall accrue at a rate of six percent (6%) per annum and will be charged on the unpaid balance until the whole amount of the principal and interest is paid. There shall be no penalty for early payment of this note.










Should default be made in the payment of the demand note then the whole unpaid amount shall become immediately due and payable; and in the event default is made and said note is placed in the hands of an attorney for collection or suit is brought on the same, then the undersigned agrees to pay all costs and attorney's fees that might be incurred.  If there is a lawsuit, borrower agrees upon lender's request to submit to the jurisdiction of the county of Bannock County, the State of Idaho. This note shall be governed by and construed in accordance with the laws of the State of Idaho.


 




	 	
UNDERSIGNED:


	 	
John B. Hofman


	 	 
	 	 
	 	
 /s/ John B. Hofman


	 	
John B. Hofman, President


	 	
Grote Molen, Inc.