alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment No. 1 dated as of April 14, 2010



 Exhibit 10.21 

April 14, 2010 

Mr. Michael A. Weiss 
 c/o Express
Parent LLC 
 One Limited Parkway 

Columbus, OH 43230 
  

	 	Re:	Employment Agreement 

 Dear
Mr. Weiss: 
 This letter agreement shall amend the employment agreement, dated as of February 12, 2010, among you,
Express, LLC, and Express Parent LLC (the “Employment Agreement”) to clarify the manner in which your bonus performance targets have been and will continue to be developed by members of the Board or the Compensation Committee of the
Board other than you. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Employment Agreement. 

Each of the undersigned agrees that the Employment Agreement is hereby modified as follows: 

1. The first sentence of Section 2 of the Employment Agreement is hereby amended and restated as follows: “For each
spring and fall season of the Company during the Term commencing with the spring season commencing on or about February 1, 2010, you will also be eligible to earn a seasonal bonus based upon the achievement of performance targets for such
season (the members of the Board or the Compensation Committee of the Board, other than you, shall establish such performance targets (generally focusing on financial metrics of the Company in comparison to budget)).” 

2. Except as specifically modified herein, the Employment Agreement shall remain in full force and effect in accordance with all of the
terms and conditions thereof. 
 *   *   *   *   * 







 Please countersign a copy of this letter agreement to evidence your agreement to the terms
and conditions contained herein. 
  

			
	Sincerely,
	
	EXPRESS PARENT LLC
		
	By:	 	 /s/ Matthew Moellering

	Name:	 	Matthew Moellering
	 Its: Executive Vice President,

Chief Administrative Officer, Chief Financial Officer, Treasurer and Secretary

	
	EXPRESS, LLC
		
	By:	 	 /s/ Matthew Moellering

	Name:	 	Matthew Moellering
	Its:	 	Executive Vice President,
	Chief Administrative Officer, Chief Financial Officer, Treasurer and Secretary



ACKNOWLEDGED, ACCEPTED AND AGREED: 
  

	
	 /s/ Michael A. Weiss

	Michael A. Weiss
	
	 4/13/10

	Date:
Exhibit 2(B)(i)

                                STATE OF FLORIDA

                               ARTICLES OF MERGER

                                       OF
            SSGI-UST ACQUISITION CORPORATION, a Florida corporation

                                      INTO
                 U.S. TECHNOLOGIES, INC., a Florida corporation


Pursuant to Section 607.1101 and 607.1105 of the Florida Business Corporation
Act, the undersigned corporations adopt the following Articles of Merger for the
purposes of merging SSGI-UST Acquisition Corporation into U.S.
Technologies, Inc.:

FIRST: The Plan of Merger attached hereto as Exhibit A was adopted by the Board
of Directors and shareholders of SSGI-UST Acquisition Corporation, a Florida
corporation ("SUAC"), on the 26th day of March, 1998, and was adopted by the
Board of Directors and shareholders of U.S. Technologies, Inc., a Florida
corporation ("UST"), on the 26th day of March, 1998.

SECOND: The Merger is effective at 5:00 P.M. on March 26, 1998 or the time of
filing of these Articles of Merger, whichever shall be later ("Effective Date").

THIRD: As provided in the Plan of Merger, the Articles of Incorporation of UST
as in effect immediately prior to the Effective Date shall be the Articles of
Incorporation of UST, the surviving corporation.


Prepared by:

Michael T. Cronin, Esquire
Johnson, Blakely, Pope, Bokor,
Ruppel & Burns, P.A.
911 Chestnut Street
Clearwater, Florida 33756
Bar No. 0469841
(813) 461-1818


IN WITNESS WHEREOF, each of the undersigned has caused these Articles of Merger
to be signed in its corporate name on the 26th day of March, 1998.


SSGI-UST ACQUISITION CORPORATION,           U.S. TECHNOLOGIES, INC.,
a Florida Corporation                       a Florida corporation




By:   /s/ Peter S. Steele                   By:  /s/ John J. Cadigan
      ________________________                   __________________________
Name: Peter S. Steele                       Name: John Cadigan
Title:  President                           Title:  Secretary
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
       
<S>                     <C>
<PERIOD-TYPE>           12-MOS
<FISCAL-YEAR-END>                   DEC-31-1998
<PERIOD-END>                        DEC-31-1998
<CASH>                               12,158,374
<SECURITIES>                                  0
<RECEIVABLES>                                 0
<ALLOWANCES>                                  0
<INVENTORY>                                   0
<CURRENT-ASSETS>                     17,256,198
<PP&E>                                        0
<DEPRECIATION>                                0
<TOTAL-ASSETS>                       17,256,198
<CURRENT-LIABILITIES>                   527,720
<BONDS>                                       0
<COMMON>                                      0
<PREFERRED-MANDATORY>                         0
<PREFERRED>                                   0
<OTHER-SE>                                    0
<TOTAL-LIABILITY-AND-EQUITY>         17,256,198
<SALES>                                       0
<TOTAL-REVENUES>                      4,479,633
<CGS>                                         0
<TOTAL-COSTS>                                 0
<OTHER-EXPENSES>                      2,723,565
<LOSS-PROVISION>                              0
<INTEREST-EXPENSE>                            0
<INCOME-PRETAX>                       1,756,068
<INCOME-TAX>                                  0
<INCOME-CONTINUING>                   1,756,068
<DISCONTINUED>                                0
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                          1,756,068
<EPS-PRIMARY>                               150.78
<EPS-DILUTED>                               150.78
        

</TABLE>
*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. 96-20098

Summary Calendar

EDWARD CASTELLANO,

Plaintiff-Appellee,

versus

WHOLE FOODS MARKET, INCORPORATED,

Defendant-Appellant.

Appeal from the United States District Court

For the Southern District of Texas

(CA-H-94-2675)

June 17, 1998

Before POLITZ, Chief Judge, EMILIO M. GARZA and DeMOSS, Circuit Judges.

PER CURIAM:*

This matter is before the court under 28 U.S.C. § 1292(b) as a certified

question from the district court which denied the defendant’s motion to dismiss on

the basis that same-sex harassment was not actionable under Title VII of the Civil
1

 118 S.Ct. 998 (1998).

2

Id. at 1001-1002.

2

Rights Act of 1964. We welcome the certification.

On March 4, 1998 the Supreme Court of the United States, in Oncale v.

Sundowner Offshore Services, Inc.,

1

held that “nothing in Title VII bars a claim

of discrimination ‘because of . . . sex’ merely because the plaintiff and defendant

(or the person charged with acting on behalf of the defendant) are of the same

sex.”2 Same-sex harassment is a cognizable claim under Title VII.

We AFFIRM the district court and REMAND this case for further

proceedings.
Exhibit 32.1



GLOBAL EQUITY INTERNATIONAL, INC.

A Nevada corporation

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with
the Quarterly Report of Global Equity International, Inc. ("Company") on Form 10-Q for the quarter ended June 30, 2012,
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Peter J. Smith, President
and Chief Executive Officer, certify, pursuant to 18 U.S.C. §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.



A signed original of
this written statement required by Section 906, or other document authentication, acknowledging, or otherwise adopting the signature
that appears in typed from within the electronic version 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.





|Date: August 10, 2012 | /s/
    Peter J. Smith               
|--------------------- | -------------------------------------
|                      | Peter J. Smith                       
|                      | President and Chief Executive Officer
|                      | (Principal Executive Officer)
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 Earth Science Tech Corporation (the “Company”) on Form 10-Q for the period
ending September 30, 2018 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Nickolas
S. Tabraue certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 result of operations
of the Company.



|Dated:
    November 19, 2018 | By:  | /s/
    Nickolas S. Tabraue    
|---------------------------- | ---- | -------------------------------
|                             |      | Nickolas
    S. Tabraue        
|                             | Its: | President, Director, & Chairman



A
signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise
adopting the signature that appears in typed form within the electronic version of this written statement 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.
Exhibit 4.1





Exhibit 4.1




Amendment No. 2 to the 

Amended and Restated Stockholder Protection Rights Agreement




This Amendment No. 2, dated as of April 21, 2010 (this “Amendment”), to the Amended
and Restated Stockholder Protection Rights Agreement, dated as of October 1, 2009 (the “Rights
Agreement”), between the Morgans Hotel Group Co. (the “Company”) and Mellon Investors
Services LLC, as rights agent (the “Rights Agent”). Capitalized terms used but not defined
herein shall have the meanings assigned to such terms in the Rights Agreement.



WHEREAS, pursuant to Section 5.4 of the Rights Agreement, the Company may amend the Rights
Agreement in any respect prior to the Flip-in Date without the consent of the holders of Rights;




WHEREAS, the Flip-in Date has not occurred; and




WHEREAS, the Company would like to amend Section 1.1 of the Rights Agreement.



NOW, THEREFORE, the Company and the Rights Agent hereby agree to amend the Rights Agreement as
follows:



Section 1. From and after the execution and delivery of this Amendment, the definition of the
term “Beneficial Owner” in Section 1.1 of the Rights Agreement is hereby amended to add the
following sentence to the end of such definition:



“Notwithstanding the foregoing, the ownership of the Company’s 2.375% Senior Subordinated
Convertible Notes Due 2014 (the “Notes”) by any Person shall not be deemed to result in the
Beneficial Ownership of the shares of Common Stock into which such Notes are convertible for so
long as such Notes have not been acquired in the two years preceding October 17, 2014 and provided
further that at the time the Notes were acquired the Market Price of the shares of Common Stock
did not exceed the conversion price applicable to the Notes.”



Section 2 . THIS AMENDMENT SHALL BE DEEMED TO BE A CONTRACT MADE UNDER THE LAWS OF THE STATE
OF DELAWARE AND FOR ALL PURPOSES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
SUCH STATE APPLICABLE TO CONTRACTS TO BE MADE AND PERFORMED ENTIRELY WITHIN SUCH STATE; EXCEPT THAT
ALL PROVISIONS REGARDING THE RIGHTS, DUTIES AND OBLIGATIONS OF THE RIGHTS AGENT SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE
AND TO BE PERFORMED ENTIRELY WITHIN SUCH STATE.



Section 3. This Amendment may be executed in any number of counterparts and each of such
counterparts shall for all purposes be deemed to be an original, and all such counterparts shall
together constitute but one and the same instrument.


 


 









 





IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and
delivered as of the date first above written.



	 	 	 	 	 
	MORGANS HOTEL GROUP CO.

 	 	 
	By:  	/s/ Marc Gordon
 	 	 
	 	Name:  	Marc Gordon 	 	 
	 	Title:  	President 	 	 
	 
	MELLON INVESTOR SERVICES LLC

 	 	 
	By:  	/s/ Kieran McGovern
 	 	 
	 	Name:  	Kieran McGovern 	 	 
	 	Title:  	Senior Associate
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         249,000
<SECURITIES>                                         0
<RECEIVABLES>                                  389,000
<ALLOWANCES>                                     5,000
<INVENTORY>                                     72,000
<CURRENT-ASSETS>                               705,000
<PP&E>                                         768,000
<DEPRECIATION>                                 534,000
<TOTAL-ASSETS>                                 957,000
<CURRENT-LIABILITIES>                          251,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        31,000
<OTHER-SE>                                     675,000
<TOTAL-LIABILITY-AND-EQUITY>                   957,000
<SALES>                                      2,609,000
<TOTAL-REVENUES>                             2,609,000
<CGS>                                        1,778,000
<TOTAL-COSTS>                                1,778,000
<OTHER-EXPENSES>                             7,185,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (6,323,000)
<INCOME-TAX>                                     1,000
<INCOME-CONTINUING>                        (6,324,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (6,324,000)
<EPS-PRIMARY>                                   (2.03)
<EPS-DILUTED>                                   (2.03)
        

</TABLE>
exv10w2






Exhibit 10.2




SECOND AMENDMENT TO COMPROMISE AND SETTLEMENT AGREEMENT




          BE IT KNOWN, that on this the 15 day of April, 2010, Shell and Meridian hereby amended the
Compromise and Settlement Agreement (“Compromise”) Effective as of September 1,2009,1
and the Amendment to Compromise and Settlement Agreement dated March 30, 2010, as follows:





	 	1.	 	Section III(A)(2) of the Compromise is hereby amended such that the date for the
Initial Payment shall be the earlier of the closing of the Corporate Transaction or July 1,
2010.
	 
	 	2.	 	Section III(A)(4), subsection (1) of the Compromise is hereby amended to extend the
date set out from April 1, 2010 to July 1, 2010. Furthermore, Section III(A)(4), subsection
(3) is hereby amended to extend the date set out from April 2, 2010 to July 2, 2010.
	 
	 	3.	 	The Amendment to Compromise and Settlement dated March 30, 2010 is hereby revoked and
of no further effect.
	 
	 	4.	 	Meridian’s payment of the Initial Payment pursuant to the Compromise shall include
interest calculated a rate of 7.75%, compounded annually, from May 1, 2010 until that
amount is paid.




In all other respects, the Compromise shall remain in force and effect.




	 	 	 	 	 	 	 

	SO AGREED:	 	The Meridian Resource Corporation
	 
	 	 	 	 	 	 
	 

	 	 	 	BY:
	 	/s/ Paul D. Ching
	 

	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 	 	 	 	Title: Chairman, CEO and President
	 
	 	 	 	 	 	 
	SO AGREED:	 	Shell Oil Company, SWEPI LP
	 
	 	 	 	 	 	 
	 

	 	 	 	BY:
	 	/s/ B.K. Garrison
	 

	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 	 	 	 	Title: Attorney-in-Fact








 




			
	1	 	“Shell” and “Meridian” shall have the same meaning as was defined in the
Compromise. Moreover, all capitalized terms used herein shall have the same meaning as assigned in
the Compromise.
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Exhibit 32.1







CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

(ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)



In connection with the Annual Report on Form 10-K of Azco Mining Inc. (the Company) on Form 10-K for the year ended June 30, 2003, as filed with the Securities and Exchange Commission on the date hereof (the Report), W. Pierce Carson, as President and Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:



1.

The Report fully complies with the requirements of Section 13(a) or 15(d) of the

Securities Exchange Act of 1934, as amended; and



2.

The information contained in the Report fairly presents, in all material respects, the financial

condition and results of operations of the Company.



Date:  May 18, 2005





/s/ W. Pierce Carson

W. Pierce Carson

President and Chief Executive Officer
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  -  DLA CENTCOM & SOCOM             
  -  DLA Europe & Africa             
  -  DLA Indo-Pacific 
-  Customer Support    -  Self Help Tools             
  -  How to Order             
  -  Find Your Order             
  -  Customer Facing Offices             
  -  Training             
  -  Brochures             
  -  Warfighter Support             
  -  Customer Service Management 
-  Careers		 
-  About DLA    -  Contact Us             
  -  Locations             
  -  Leaders             
  -  News             
  -  History             
  -  Media Gallery             
  -  DLA Campaigns 

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