alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit
10.6


 


AMENDMENT NO. 1

RANDY GOLD EMPLOYMENT AGREEMENT


 


THIS
FIRST AMENDMENT to the Employment Agreement is made and entered into, effective
as of January 1, 2009, by and between NuCO2 Inc. (“Employer”)
and Randy Gold (“Executive”).


 


R E C I T A L S


 


WHEREAS,
Employer and Executive are parties to that certain Employment Agreement, dated
as of May 28, 2008 (the “Employment Agreement”), pursuant to which
Executive serves as Employer’s Senior Vice President of Sales and Customer
Service; and


 


WHEREAS,
Employer and Executive desire to amend the terms of the Employment Agreement as
set forth herein, effective as of January 1, 2009, in order to comply with
the provisions of Section 409A of the Internal Revenue Code of 1986, as
amended from time to time (the “Code”), and the rules and
regulations promulgated thereunder.


 


A G R E E M E N T


 


NOW,
THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the parties hereto hereby agree as follows:


 


1.                                       The first
sentence of Section 3.2(b) is amended to read as follows:


 


“In
the event that the employment of the Executive shall be terminated by reason of
the Executive becoming permanently incapacitated, then, as additional
consideration for his past services to the Corporation, he shall receive one
hundred percent (100%) of his then current annual Base Salary, in equal
quarterly installments, without interest, during the one (1) year
following the termination of employment.”


 


2.                                       The Employment
Agreement as hereby amended shall continue in full force and effect.


 


[Signature Page Follows]


 

















 


IN WITNESS WHEREOF, the parties have duly
executed this Amendment No. 1 as of the date first written above.


 


 


	
   

  	
  NUCO2 INC.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
   /s/ Eric M. Wechsler

  
	
   

  	
   

  	
  Name:
  Eric M. Wechsler

  
	
   

  	
   

  	
  Title:
  General Counsel

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  EXECUTIVE

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   /s/ Randy Gold

  
	
   

  	
  Randy
  Gold
SERVED JULY 6, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASfflNGTON, D.C. 

IN THE MATTER OF 

MARIA TAVERAS, 

Respondent. 

FAA DOCKET NO. CP10SW0005 

DMS NO. FAA-2010-0316 

HEARING NOTICE 

PLEASE TAKE NOTICE that the hearing in this case will be held on July 15, 2010, 

beginning at 10:00 a.m., local time at the following location: 

Manhattan Service District 

26 Federal Plaza, Room 230 

New York, NY 10278 

nIT "Tin'I 

Allow time to pass through security. 

Isaac D. Benkin 

Administrative Law Judge 

Attachment-Service List 

L.s 
FAA DOCKET NO. CP10SW0005 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-43 0 

Wilbur Wright Building—Suite 2W1000* 

ONE COPY 

Alexei Schacht, Respondent's Counsel 

Nalven & Schacht, Attorneys at Law 

350 Fifth Avenue, Suite 4022 

New York, NY 10118 

TEL: 212-616-5540 

FAX: 212-616-5543 

Yolanda Ayala Bemal, Complainant's Counsel 

Office of the Regional Counsel 

Southwest Region, ASW-7E3, YAB 

Federal Aviation Administration 

2601 Meacham Boulevard 

Fort Worth, TX 76137-0007 

TEL: 817-222-5099 

FAX: 817-222-5945/5092 

The Honorable Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-2132 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). K V / R es ear ch NOT F OR P UB L I CAT I ON

UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T MOHA MM AD MAMUN H OS S AIN, P et i t i on er , v. E R I C H . H O L D E RJ r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 07- 72816 A ge nc yN o. A 072- 856- 294 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d M ar c h 16, 2010 ** B efo re: S C H R O E D E R , P R E G E R S O N , an dR A W L IN S O N , C i rcu i tJu d g es. M oham m a d M am un H os s a i n, na t i ve and c i t i z e n of B angl a de s h, pe t i t i ons f or r e v ie w o f

th e B o ar do f

I m m ig r a tio n A p p e a ls ’ ( “B I A ” ) o r d e rd e n y in g h is m o tio n to r e ope n. W e have j ur i s di c t i on unde r8 U . S . C . § 1252. W e r e vi e w f orabus e of 

# FI LED MA R 25 2010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALSK V / Res ea r ch 07- 72816 2 d is c r e tio n , I

tu rr i b a rr i a v . I

NS , 321 F . 3d 889, 894 ( 9th C i r . 2003) , and w e de nythe p e t i t i o n f o rr e v i e w. T h e B I A d idn o t ab u s e its d is c r e tio n in d e n y in g H o s s a in ’s s e c o n dm o tio n to re o p en as u n ti m ely w h er e th e m o ti o n w as filedn ea rly tw o ye ar s a fterth e B IA ’s p r io rd e c is io n , se e 8 C . F . R . § 1 00 3. 2(c) (2), and H ossa i n fai l ed t o est abl i sh changed c ountryc ondi t i ons i n B angl a de s h t o qua l i f yf orthe r e gul a t orye xc e pt i on t o the tim e lim ita tio n , se e 8 C .F .R . § 1 0 0 3 .2 ( c ) ( 3 ) ( ii) ; s e e a ls o M a ltyv . A s h c r o

ft , 381 F . 3d 94 2, 94 5 (9th C i r. 20 04 ) ( “ T he cr i t i ca l qu es t i on i s . . . w hether c i rc um st ance s h a v e c h an g e ds u f

f ic ie n tlyth a t ap e titio n e rw h o p r e v io u s lyd idn o t h av e ale g itim a te c la im f o ra s y lu m n o w h a s aw e ll- f o u n d e df e aro f f u tu r e p e r s e c u tio n .” ) . P E T I T I ON F OR RE V I E W DE NI E D.
Exhibit 32.3



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT
0F 2002



In connection with the Annual Report of APT Systems, Inc. (the
Company") on Form 10-Q for the period ended herein as filed with the Securities and Exchange Commission (the "Report"),
I. Carl Hussey, Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.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 fully presents,
in all material respects, the financial condition and results of operations or the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                         |     | APT Systems, Inc.           
|------------------------ | --- | ----------------------------
|                         |     |                             
|Date: September 20, 2013 | By: | /s/ Carl Hussey             
|                         |     | Carl Hussey                 
|                         |     | Principal Accounting Officer
|                         |     |
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 196 Agreed to Senate (ATS)]

113th CONGRESS
  1st Session
S. RES. 196

To constitute the majority party's membership on certain committees for 
  the One Hundred Thirteenth Congress, or until their successors are 
                                chosen.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 16 (legislative day, July 15), 2013

 Mr. Reid submitted the following resolution; which was considered and 
                               agreed to

_______________________________________________________________________

                               RESOLUTION

 
To constitute the majority party's membership on certain committees for 
  the One Hundred Thirteenth Congress, or until their successors are 
                                chosen.

    Resolved, That the following shall constitute the majority party's 
membership on the following committees for the One Hundred Thirteenth 
Congress, or until their successors are chosen:
    Committee on Agriculture, Nutrition, and Forestry: Ms. Stabenow 
(Chairman), Mr. Leahy, Mr. Harkin, Mr. Baucus, Mr. Brown, Ms. 
Klobuchar, Mr. Bennet, Mrs. Gillibrand, Mr. Donnelly, Ms. Heitkamp, and 
Mr. Casey.
    Committee on Commerce, Science, and Transportation: Mr. Rockefeller 
(Chairman), Mrs. Boxer, Mr. Nelson, Ms. Cantwell, Mr. Pryor, Mrs. 
McCaskill, Ms. Klobuchar, Mr. Warner, Mr. Begich, Mr. Blumenthal, Mr. 
Schatz, Mr. Heinrich, and Mr. Markey.
    Committee on Foreign Relations: Mr. Menendez (Chairman), Mrs. 
Boxer, Mr. Cardin, Mrs. Shaheen, Mr. Coons, Mr. Durbin, Mr. Udall of 
New Mexico, Mr. Murphy, Mr. Kaine and Mr. Markey.
    Committee on Small Business and Entrepreneurship: Ms. Landrieu 
(Chairman), Mr. Levin, Mr. Harkin, Ms. Cantwell, Mr. Pryor, Mr. Cardin, 
Mrs. Shaheen, Mrs. Hagan, Ms. Heitkamp, and Mr. Markey.
                                 <all>
```
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**Exhibit 31.1**

**CERTIFICATIONS**

I, Mark A. Miller,certify that:

1.              I have reviewed thisreport on Form 10-K of New Horizons Worldwide, Inc.; 

2.              Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report; 

3.              Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report; 

4.              The registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) and internal control over financial reporting (as defined inExchange Act Rules 13a-15(f) and 15(d)-15(f)) for the registrant and have: 

a)             Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared; 

b)            Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and 

c)             Disclosed in thisreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and 

5.              The registrant’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (orpersons performing the equivalent functions): 

a)             All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and 

b)            Any fraud, whether ornot material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

June 25, 2007
| /s/ Mark A. Miller                            |   |
|-----------------------------------------------|--------|
| Name: Mark A.  Miller                         |
| Title: President  and Chief Executive Officer |

 

----
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

NANEA C. K. MARCIAL

, Appellant,

v.

DAVID RENE CUSTIN

, Appellee.

No. 4D2023

- 1944

[ November 16, 2023 ]

Appeal of nonfinal order from the Circuit Court for the Seventeenth

Judicial Circuit, Broward County; Darren D. Shull, Judge; L.T. Case No.

FMCE20

- 003718.

David M. Scott of the Law Office of David Scott, P.A.

, Fort Lauderdale

, for appellant.

Stacey D

. Mullins of GrayRobinson, P.A.

, Boca Raton

, for appellee.

P ER C URIAM

.

Affirmed

.

K LINGENSMITH

, C.J., C IKLIN and F ORST

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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Exhibit 10.33
 SMART Modular Technologies (WWH), Inc.
 Agreement    Company    Indemnitee




---



##### 



Certain Definitions
  Change of Control
 Continuing Director
 Corporate Status
 Disinterested Director
 Enterprise
 ERISA
  2 of 17




---



##### 



Exchange Act
 Expenses
 Independent Counsel
 Liabilities
 Proceeding
  3 of 17




---



##### 



Services By Indemnitee
 . Services By Indemnitee.
  4 of 17




---



##### 



Indemnification
 . General.
    Witness Expenses
 Expenses as a Party Where Wholly or Partly Successful
  5 of 17




---



##### 



. Exclusions.
 Sarbanes-Oxley Act
  . Gross-Up Payment
 Advancement Of Expenses; Defense of Claims; Payment Of Liabilities
 . Advances.
  6 of 17




---



##### 



. Repayment of Advances or Other Expenses.
 . Defense of Claims.
 Payment of Liabilities.
 Procedures For Notification of and Determination of Entitlement To Indemnification
 . Notification; Request for Indemnification.
   7 of 17




---



##### 



. Determination of Entitlement.
   8 of 17




---



##### 



. Presumptions and Burdens of Proof; Effect of Certain Proceedings.
 provided
   9 of 17




---



##### 



Remedies of Indemnitee
 Adjudication or Arbitration
  10 of 17




---



##### 



de novo
     11 of 17




---



##### 



Directors and Officers Liability Insurance
 . D&O Liability Insurance.
 Miscellaneous
 . Nonexclusivity of Rights.
 . Insurance and Subrogation.
   12 of 17




---



##### 



Amounts from Other Enterprise.
 . Contribution.
 . Amendment.
 . Waivers.
  13 of 17




---



##### 



. Entire Agreement.
 . Severability.
 . Notices.
 . Binding Effect.
  14 of 17




---



##### 



. Governing Law.
 . Consent to Jurisdiction. New York Court
 . Headings.
 . Counterparts.
  15 of 17




---



##### 



. Use of Certain Terms.
 Primary Obligor
 [This space intentionally left blank.]  16 of 17




---



##### 



SMART Modular Technologies (WWH), Inc.By:Name:Title:
 Address:
    
    39870 Eureka DriveNewark, California 94560Facsimile:
    
    510-624-8231Attention:
    
    CEOWith a copy to:
    
    SMART Modular TechnologiesAddress:
    
    39870 Eureka DriveNewark, California 94560Facsimile:
    
    510-624-8231Attention:
    
    Legal DepartmentINDEMNITEEAddress:Facsimile:With a copy to:Address:Facsimile:Attention:
  17 of 17
#### James C. McFARLANE, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

No. 89-215.

Supreme Court of Wyoming.

Nov. 2, 1989.

*932James Charles McFarlane, pro se.

Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., Cheyenne, for appellee.

Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.

PER CURIAM.

Appellant, James Charles McFarlane, seeks review of an order of the district court denying a pro se motion for credit for time served on probation.

We affirm.

McFarlane pleaded guilty to three counts of delivery of a controlled substance pursuant to W.S. 35-7-1031(a)(ii) and 35-7-1016(d)(ii) on September 6, 1985, and was sentenced to probation on February 19, 1986. He violated the terms of his probation on three occasions, and although the district court exercised leniency for the first two violations, it imposed the formerly suspended penitentiary sentence for the third violation since it involved a drug sale.

Acting pro se, McFarlane filed some ten motions from June 15, 1989, to July 24, 1989, seeking a reduction in his sentence, a clarification of credit to his sentence for time served in the county jail and credit for time on probation. The district court explained to McFarlane in correspondence how his jail time was to be credited to his prison sentence, but the court otherwise denied his motions.

Although no briefs have been filed, it is apparent that the only issue McFarlane could raise here is the district court’s denial of his motion which was made pursuant to W.R.Cr.P. 36. We have previously disposed of such cases summarily and without briefing. *Peper v. State,*776 P.2d 761 (Wyo.1989); *Mower v. State,*770 P.2d 233 (Wyo.1989).

Under W.R.Cr.P. 36, a district court may reduce a sentence within one year after a sentence is imposed or probation is revoked. The district court has broad discretion in determining whether to reduce a defendant’s sentence, and we will not disturb its determination absent an abuse of discretion. *Mower v. State,*750 P.2d 679 (Wyo.1988). Further, no requirement exists, either constitutionally or statutorily, that a court must take into account time served on probation following a probation revocation. *United States v. Shead,*568 F.2d 678, 682-83 (10th Cir.1978); and *Thomas v. United States,*327 F.2d 795, 796-97 (10th Cir.1964), *cert. denied,*377 U.S. 1000, 84 S.Ct.1936, 12 L.Ed.2d 1051. *See also Loper v. Shillinger,*772 P.2d 552, 553 (Wyo.1989). Here, there is no showing that the court’s denial of McFarlane’s motion was not a sound exercise of discretion.

Affirmed.