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Amendment of the Consulting Agreement between Bruce M. McWilliams and Tessera



 Exhibit 10.1 

TESSERA, INC. 

March 26, 2010 
 Bruce M. McWilliams

 3025 Orchard Parkway 
 San Jose, CA
95134 
  

	Re:	Amendment to Consulting Agreement between Bruce M. McWilliams and Tessera, Inc., dated April 3, 2009 (the “Agreement”) 


Dear Bruce: 
 The purpose of
this letter is to amend the Agreement by replacing Exhibit A with the enclosed Exhibit A, effective as of March 31, 2010. All other terms of the Agreement remain unchanged. 

If you agree with this Amendment, indicate your acceptance by signing below and initialing the new Exhibit. 

Yours very truly, 
  

			
		 	
		
	By:	 	/s/ Bernard J. Cassidy
	 Name:
	 	Bernard J. Cassidy
	 Title:
	 	Executive Vice President and General Counsel


 AGREED
AND ACCEPTED: 
  

			
	
		
	By:	 	/s/ Bruce M. McWilliams
	Name:	 	Bruce M. McWilliams

 Enclosure: Exhibit A 







 EXHIBIT A 

DESCRIPTION OF CONSULTING SERVICES 

AND COMPENSATION 

Services: 
 Consultant will
provide strategic advice and analysis at the request of the Chief Executive Officer, which may include sales and market analysis, product and business development plans, and merger and acquisition analysis. 

Compensation: 
 Your stock options
and restricted stock grants (set forth below) shall continue to vest pursuant to their original terms for so long as you continue to provide consulting services to the Company, subject to the following conditions: 

 

	 	(i)	stock options vesting during the term of this Agreement will be treated as Nonstatutory Stock Options, and to the extent any options vested upon termination of your
employment are not exercised within three months of your employment termination, they will also be treated as Nonstatutory Stock Options, and not as Incentive Stock Options; 


 

	 	(ii)	after this Agreement terminates, you will have ninety (90) days thereafter to exercise any vested options, pursuant to your Stock Option Agreements; and


  

	 	(iii)	upon termination of this Agreement, all unvested stock options and stock grants shall cease vesting, and all unvested options and grants will be cancelled.


  

								
	 Grant Date
	  	No. of Shares	  	Exercise Price Per
Share	  	 Vesting

	 Stock Options
	  		  			  	
	 08/18/04
	  	5,633	  	$	17.75	  	1/60th per month
	 08/18/04
	  	224,367	  	$	17.75	  	1/60th per month
	 11/22/05
	  	55,000	  	$	28.07	  	1/48th per month
	 05/18/06
	  	3,546	  	$	28.20	  	1/48th per month
	 05/18/06
	  	96,454	  	$	28.20	  	1/48th per month
	 08/27/07
	  	2,687	  	$	37.21	  	1/48th per month
	 08/27/07
	  	122,313	  	$	37.21	  	1/48th per month
	 05/15/08
	  	125,000	  	$	19.75	  	1/48th per month
				
	 Restricted Shares
	  		  			  	
	 05/18/06
	  	16,000	  	$	—  	  	1/48th per month
	 08/27/07
	  	10,000	  	$	—  	  	1/48th per month

 [ /s/bmw ] [ /s/bjc ]

 INITIAL   INITIAL
United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 19-5048 September Term, 2021

 FILED ON: AUGUST 3, 2022

AMERICAN HOSPITAL ASSOCIATION, ET AL.,

APPELLEES

v.

XAVIER BECERRA, IN HIS OFFICIAL CAPACITY AS THE SECRETARY OF HEALTH AND HUMAN

SERVICES AND UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES,

APPELLANTS

Consolidated with 19-5198

On Remand from the Supreme Court of the United States

Before: SRINIVASAN, Chief Judge, and MILLETT and PILLARD, Circuit Judges

J U D G M E N T

These causes came to be heard on remand from the Supreme Court of the United States,

and upon appellees' unopposed motion for remand to the district court in light of the Supreme

Court's judgment in American Hospital Ass'n v. Becerra, 142 S. Ct. 1896 (2022), which reversed

this court’s judgment, filed July 31, 2020, and remanded for further proceedings consistent with

its opinion. Upon consideration of the foregoing, it is

ORDERED that the motion be granted. It is

FURTHER ORDERED and ADJUDGED that these cases be remanded to the district

court for further proceedings consistent with the Supreme Court's opinion.

The Clerk is directed to issue the mandate forthwith to the district court.

FOR THE COURT:

Mark J. Langer, Clerk

BY: /s/

Daniel J. Reidy

Deputy Clerk
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-41636

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAIME VALLE-RIVERA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-03-CR-955-ALL

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

Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Jaime Valle-Rivera appeals the sentence imposed following

his guilty plea conviction of being found in the United States

after deportation/removal in violation of 8 U.S.C. § 1326. 

Valle-Rivera contends that the “felony” and “aggravated felony”

provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional. 

He therefore argues that his conviction must be reduced to one

under the lesser included offense found in 8 U.S.C. § 1362(a),

his judgment must be reformed to reflect a conviction only under

United States Court of Appeals

Fifth Circuit

F I L E D

June 23, 2004

Charles R. Fulbruge III

Clerk
No. 03-41636

-2-

that provision, and his sentence must be vacated and the case

remanded for resentencing to no more than two years’ imprisonment

and one year of supervised release. 

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Valle-Rivera acknowledges that his arguments are foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his arguments for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
exv10w2



 





Exhibit 10.2




Promissory Note




	 	 	 
	$3,000,000.00

	 	Effective Date: August 25, 2006






     FOR VALUE RECEIVED, E Energy Adams, LLC (“Maker”), promises to pay to the order of Farm Credit
Services of America, PCA (“FCSA”) at its office at 5015 South 118th St., Omaha, Nebraska
68137, or such other place as FCSA shall direct in writing, the principal sum of Three Million
Dollars ($3,000,000.00) or, if less, the amount outstanding under this Note for Advances pursuant
to the Credit Agreement dated as of August 25, 2006, by and between FCSA and Maker (as it may be
amended from time to time in the future, the “Credit Agreement”) and any indebtedness related
thereto. This Note is issued and delivered to FCSA pursuant to the Credit Agreement. All
capitalized terms used in this Note and not otherwise defined herein shall have the same meanings
as set forth in the Credit Agreement.



     The unpaid balance of this Note from time to time outstanding shall bear interest as set forth
in the Credit Agreement. Principal and interest shall be payable as provided in the Credit
Agreement. The amount of each principal and interest payment shall be determined as provided in the
Credit Agreement. This Note has been issued by Maker to FCSA pursuant to the Credit Agreement and
reference is made thereto for specific terms and conditions under which this Note is made and to
which this Note is subject.



     Upon the occurrence of an Event of Default, Maker agrees that FCSA (including its assignee,
“Holder”) shall have all rights and remedies set forth in the Credit Agreement, including without
limitation the rights of acceleration set forth in the Credit Agreement. In addition, Holder shall
have the right to recover all costs of collection and enforcement of this Note as provided in the
Credit Agreement.



     Maker and any endorser, guarantor, surety or assignor hereby waives presentment for payment,
demand, protest, notice of protest, and notice of dishonor and nonpayment of this Note, and all
defenses on the ground of delay, suretyship, impairment of collateral, or of extension of time at
or after maturity for the payment of this Note.



     This Note shall be governed in all respects by the law of the State of Nebraska.



	 	 	 	 	 
	 	Maker:



E Energy Adams, LLC

 	 
	 	By:  	/s/ Jack L. Alderman
 	 
	 	 	Jack L. Alderman, President 	 
	 	 
	 	 	 
	 	By:  	                                         /s/ Dennis L. Boesiger
 	 
	 	 	Dennis L. Boesiger, Secretary
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Agreements Adopted by the Traffic 

Conferences of the International Air 

Transport Association 

OST-2010- 0033 

APPLICATION FOR APPROVAL OF AGREEMENTS 

BY THE 

INTERNATIONAL AIR TRANSPORT ASSOCIATION 

lATA AGREEMENT APPROVED & IMMUNIZED A 

DOCKET OST- /d - 003 3 NZW ^MTF /''W / ^ , "^ I ° 

This approval and grant of antitrust immunity is subject, where applicable, 

to conditions previously imposed. 

This action is effective after 7 days unless a petition is filed under 

14 CFR 385.30 or a review is undertaken on the Department's own motion. 

In view of the agteement's noncontroversiai nature and the availability of 

the above pra^edjlre the ll-dnyoerijidyrUCFR 303.42 is waived. 

12 February 2010 

Communications with respect to 

this document should be sent to 

Douglas E. Lavin 

Regional Vice President - North America 

Intemational Air Transport Association 

lATA Washington, 

601 Pennsylvania Avenue, N.W. Suite 300 - North Building 

Washington DC 20004
---

2013 FORM - 20F        EXHIBIT - 13.1 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 Annual Report on Form-20F for fiscal year ended June 30, 2013of Continental Energy Corporation, a British Columbia, Canada corporation (the “Company”), as filed with the Securities and Exchange Commission on the date hereof (the “Annual Report”), I, Richard L. McAdoo, 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 Annual 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 Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 Dated: May 13, 2014 <Signed>Richard L. McAdooCEO
  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 required by Section 906, has been provided to Continental Energy Corporation and will be retained by Continental Energy Corporation and furnished to the Securities and Exchange Commission or its staff upon request.


---
<TABLE> <S> <C>

<ARTICLE>                                            9
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              Dec-31-2000
<PERIOD-START>                                 Jan-01-2000
<PERIOD-END>                                   Dec-31-2000
<CASH>                                         20,769
<INT-BEARING-DEPOSITS>                         129
<FED-FUNDS-SOLD>                               0
<TRADING-ASSETS>                               0
<INVESTMENTS-HELD-FOR-SALE>                    33,236
<INVESTMENTS-CARRYING>                         7,460
<INVESTMENTS-MARKET>                           7,458
<LOANS>                                        380,821
<ALLOWANCE>                                    3,670
<TOTAL-ASSETS>                                 467,593
<DEPOSITS>                                     367,686
<SHORT-TERM>                                   51,142
<LIABILITIES-OTHER>                            4,129
<LONG-TERM>                                    0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       61
<OTHER-SE>                                     44,575
<TOTAL-LIABILITIES-AND-EQUITY>                 467,593
<INTEREST-LOAN>                                29,112
<INTEREST-INVEST>                              2,682
<INTEREST-OTHER>                               267
<INTEREST-TOTAL>                               32,061
<INTEREST-DEPOSIT>                             12,988
<INTEREST-EXPENSE>                             14,736
<INTEREST-INCOME-NET>                          17,325
<LOAN-LOSSES>                                  1,350
<SECURITIES-GAINS>                             0
<EXPENSE-OTHER>                                15,481
<INCOME-PRETAX>                                3,832
<INCOME-PRE-EXTRAORDINARY>                     2,507
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   2,507
<EPS-BASIC>                                    0.41
<EPS-DILUTED>                                  0.41
<YIELD-ACTUAL>                                 4.75
<LOANS-NON>                                    579
<LOANS-PAST>                                   840
<LOANS-TROUBLED>                               0
<LOANS-PROBLEM>                                0
<ALLOWANCE-OPEN>                               2,671
<CHARGE-OFFS>                                  524
<RECOVERIES>                                   173
<ALLOWANCE-CLOSE>                              3,670
<ALLOWANCE-DOMESTIC>                           3,670
<ALLOWANCE-FOREIGN>                            0
<ALLOWANCE-UNALLOCATED>                        21



</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
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                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Child Health and Human Development Special Emphasis Panel, HIV Disclosure SEP.                    

*Date:*                         March 29-30, 2012.                    

*Time:*                         8 a.m. to 6 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue Bethesda, MD 20814.                    

*Contact Person:*                         Michele C. Hindi-Alexander, Ph.D., Scientific Review Officer, Division of Scientific Review, Eunice Kennedy Shriver National Institute of Child Health and Human Development, NIH, 6100 Executive Blvd., Room 5B01, Bethesda, MD 20892, 301-435-8382,                         *hindialm@mail.nih.gov.*

                        (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children;                               ( print page 12856)                            93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)                     

Dated: February 24, 2012.

Jennifer S. Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2012-5033 Filed 3-1-12; 8:45 am]

BILLING CODE 4140-01-P
Dismissed and Memorandum Opinion filed January 26, 2012.

In The

Fourteenth Court of Appeals 

____________

NO. 14-11-00889-CV

____________

AKILAH WILLERY, Appellant

V.

FEDERAL NATIONAL MORTGAGE ASSOCIATION a/k/a FANNIE MAE, 

Appellee

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 994882

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment in a forcible detainer action signed September 26, 

2011, 2011. According to the clerk’s record in this appeal, a writ of possession was issued 

on October 24, 2011. If a defendant in a forcible detainer action is no longer in possession 

of the premises, then an appeal from the forcible detainer judgment is moot unless the 

defendant asserts a potentially meritorious claim of right to current, actual possession of 

the premises. Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d 782, 787
2

(Tex. 2006); Wilhelm f. Federal Nat. Mortg. Ass’n, 349 S.W.3d 766, 768 (Tex. 

App.—Houston [14th Dist.] 2011, no pet.). 

On January 10, 2012, notification was transmitted to all parties of the court’s 

intention to dismiss the appeal as moot unless appellant filed a response within ten days 

demonstrating that this court has jurisdiction over the appeal. See Tex. R. App. P. 42.3(a). 

Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Seymore, Boyce, and Jamison.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17
- 7237

THERON JERMAINE THOMPSON , Plaintiff

- Appellant ,

v. M. TRAVIS BRAGG, Warden; PAUL KELLY; NATHANIEL BATES, Lieutenant; STEVE JOHNSON, Correction Officer; WILLIAM HICKS, Captain; UNITED STATES OF AMERICA , Defendants

- Appellees

.

Appeal from the United States District Court for the District of South Carolina , at Beaufort

. David C. Norton , District Judge. ( 9:15

- cv
- 01185

- DCN )

Submitted : February 15, 2018 Decided: February 20, 2018

Before WILKINSON, FLOYD, and THACKER , Circuit Judges.

Affirmed by un published per curiam opinion

.
Theron Jermaine Thompson , Appellant Pro Se. Marshall Prince, II, Assistant U nited S tates Attorney , OFFICE OF THE UNITED STATES ATTORNEY , Columbia, South Carolina, for Appellees

.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Theron Jermaine Thompson appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971) and the Federal Tort Claims Act, 28 U.S.C. § 1346(b) (2012) . We have
reviewed the record and find no reversible error. A ccordingly, we affirm for the reasons stated by the district court. Thompson v. Bragg , No. 9:15

- cv
- 01185

- DCN (D.S.C. Sept. 7, 2017) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before t his court and argument would not aid the decisional process.
AFFIRMED