alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w1



 





EXHIBIT 10.1




AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT




     THIS
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT, effective as of this 3rd day of January, 2007,
is entered into by and between True Religion Apparel, Inc., a Delaware corporation (“TRA”), and
Charles Lesser (“Executive”).



     WHEREAS, TRA and Executive entered into an Employment Agreement dated January 4, 2006 (the
“Employment Agreement”).



     NOW, THEREFORE, in consideration of the foregoing and the mutual covenants, terms and
conditions contained herein, it is hereby agreed as follows:



     1.     Position and Duties. Section 2(a)(i) of the Employment Agreement is
hereby amended by deleting the second sentence thereof and replacing it with the following:



     “Executive shall report to the President of TRA.”



     2.     Remaining Terms Unchanged. The Employment Agreement shall remain in full
force and effect without further change or amendment, except as set forth in Section 1 above.



     IN WITNESS WHEREOF, Executive has hereunto set Executive’s hand and, pursuant to the
authorization from the Board, TRA has caused these presents to be executed in its name on its
behalf, all as of the day and year first above written.



	 	 	 	 	 	 	 	 
	“Executive”	 	“TRA”
	 
	 	 	 	 	 	 
	 	 	TRUE RELIGION APPAREL, INC.
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	/s/ Charles Lesser 

	 	By:	 	 /s/ Michael Buckley
	 	 	 	 	 
	Name: Charles Lesser

	 	 	 	Name:  
	 	Michael Buckley
	 

	 	 	 	Title:
	 	President
[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Notices]
[Page 13348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5420]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Center for Scientific Review; Notice of Closed Meeting

    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 
meeting.
    The meeting 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: Center for Scientific Review Special Emphasis 
Panel; Musculoskeletal and Vascular Sciences.
    Date: March 19, 2012.
    Time: 1 p.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6701 Rockledge Drive, 
Bethesda, MD 20892, (Telephone Conference Call).
    Contact Person: Aftab A Ansari, Ph.D., Scientific Review 
Officer, Center for Scientific Review, National Institutes of 
Health, 6701 Rockledge Drive, Room 4108, MSC 7814, Bethesda, MD 
20892, 301-237-9931, <a href="/cdn-cgi/l/email-protection#3859564b594a5159785b4b4a16565150165f574e"><span class="__cf_email__" data-cfemail="6d0c031e0c1f040c2d0e1e1f43030405430a021b">[email protected]</span></a>.

    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, 
Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 
93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, 
National Institutes of Health, HHS)

    Dated: February 28, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2012-5420 Filed 3-5-12; 8:45 am]
BILLING CODE 4140-01-P


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</html>
<TABLE> <S> <C>

<ARTICLE> 7
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF WMA CORPORATION FOR THE YEAR ENDED DECEMBER 31, 1998 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<DEBT-HELD-FOR-SALE>                         9,869,679
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                           0
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                               9,869,679
<CASH>                                       6,617,710
<RECOVER-REINSURE>                             101,034
<DEFERRED-ACQUISITION>                      27,537,866
<TOTAL-ASSETS>                              44,881,174
<POLICY-LOSSES>                              2,624,020
<UNEARNED-PREMIUMS>                                  0
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      2,500
<COMMON>                                    24,370,639
<OTHER-SE>                                  44,881,174
<TOTAL-LIABILITY-AND-EQUITY>                 7,280,489
<PREMIUMS>                                     951,101
<INVESTMENT-INCOME>                            267,063
<INVESTMENT-GAINS>                           4,098,371
<OTHER-INCOME>                               3,442,631
<BENEFITS>                                   1,541,439
<UNDERWRITING-AMORTIZATION>                  2,917,483
<UNDERWRITING-OTHER>                         3,396,218
<INCOME-PRETAX>                              1,156,861
<INCOME-TAX>                                 2,239,357
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,239,357
<EPS-PRIMARY>                                     0.90
<EPS-DILUTED>                                     0.90
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
* Pursuant to 5 TH C IR
. 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 5 TH C IR
. R. 47.5.4. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-10572 Conference Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee
v. MANUEL PEREZ-CANO Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:06-CR-60-ALL Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges. PER CURIAM: * Appealing the Judgment in a Criminal Case, Manuel Perez-Cano raises arguments that are foreclosed by A lmendarez-Torres v. United States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. U nited States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug. 28, 2007) (No. 07-6202). The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. United States Court of Appeals

Fifth Circuit 

### F I L E D December 5, 2007 Charles R. Fulbruge III Clerk
exv10w40



 





Exhibit 10.40




Amendment to Stock Option Agreement and Notice




     This
Amendment to Stock Option Agreement (the “Amendment”) is
made on the
27th day of
December, 2006 by and between Cyberonics, Inc., a Delaware corporation (the “Company”) and Shawn P.
Lunney, an individual residing in Texas (“Optionee”).



     Whereas, the Company and Optionee entered into a Stock Option Agreement having a grant date of
November 1, 1996, which agreement includes a Notice of Stock Option Grant (the “Agreement”); and



     Whereas, the Company and Optionee previously agreed to amend the Agreement to extend the
period for Optionee to exercise the option granted under the Agreement (the “Option”) to December
31, 2006;



     Whereas, the Option is currently unexercisable because an exercise of such right would violate
applicable securities laws; and



     Whereas, the Company’s Board of Directors has authorized the Company to extend the period for
Optionee’s exercise of the Option to thirty (30) days after the exercise of such Option would no
longer violate applicable securities laws, all on the conditions set forth in this Agreement;



     Now, Therefore, for a good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:



     1. The paragraph entitled, “Termination Period,” under “Notice of Stock Option Grant” is
deleted in its entirety, and the following is substituted therefor:




“The Option may be exercised within thirty (30) days after the date on which the exercise of
such Option would no longer violate applicable securities laws.”



     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.



	 	 	 	 	 	 	 
	OPTIONEE

	 	 	 	 	 	CYBERONICS, INC.
	 
	 	 	 	 	 	 
	/s/
Shawn P. Lunney
	 	 	 	By:	 	/s/ John A. Riccardi
	 

	 	 	 	 	 	 
	Shawn P. Lunney

	 	 	 	 	 	John A. Riccardi
	 

	 	 	 	 	 	Vice President, Finance
**Exhibit      32.2**

| (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:                  November 27, 2007  | By:                                | /s/ Yan                Liang                Fan  |
|                                            | Yan                        Liang Fan         |
|                                            | Chief                      Financial Officer |

----
Exhibit 31.2



LEGACY BANCORP, INC.



CERTIFICATION

Pursuant to Rule 13a
 14(a) / 15d-14(a)



I, Stephen M. Conley, certify
that:



|1. | I have reviewed this quarterly report on Form 10-Q/A of Legacy Bancorp, Inc.;
|-- | -----------------------------------------------------------------------------



|2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period covered by this report;
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: November 9, 2005



| |  |                                                             
| |  | ------------------------------------------------------------
| |  | /s/ Stephen M. Conley                                       
| |  | Stephen M. Conley                                           
| |  | Senior Vice President, Chief Financial Officer and Treasurer



6
<PAGE>
                                                                               .
                                                                               .
                                                                               .
                                  EXHIBIT 12.1
<TABLE>
<CAPTION>
                                             1998           1999          2000         2001           2002
                                           ---------     ---------     ---------     ---------      ---------
<S>                                        <C>           <C>           <C>           <C>            <C>
FIXED CHARGES:
Interest expense including
   amortization of debt issuance costs     $  12,491     $  16,447     $  20,108     $  18,278      $  17,301
Interest on rent expense (1)                   2,463         3,419         3,453         3,564          2,938
                                           ---------     ---------     ---------     ---------      ---------
Total fixed charges                           14,954        19,866        23,561        21,842         20,239

EARNINGS:
Income (loss) before income taxes             53,757        51,830         6,803       (76,364)      (107,427)
Fixed charges                                 14,954        19,866        23,561        21,842         20,239
                                           ---------     ---------     ---------     ---------      ---------
Income (loss) before fixed charges            68,711        71,696        30,364       (54,522)       (87,188)

RATIO OF EARNINGS TO FIXED CHARGES               4.6           3.6           1.3          -2.5           -4.3
</TABLE>


      (1)   The Company believes one-third of rent expense represents a
            reasonable approximation of the interest factor.
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# - 09/29/06
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EXHIBIT 31.1

CERTIFICATION

I, David H. Roche, certify that:

1. I have reviewed this annual report on Form 10-K of
Minn-Dak Farmers Cooperative;

2. Based on my knowledge, this annual report does not
contain any untrue statement of a material fact or omit to state a material
fact necessary to make the statements made, in light of the circumstances under
which such statements were made, not misleading with respect to the period
covered by this annual report;

3. Based on my knowledge, the financial statements,
and other financial information included in this annual report, fairly present
in all material respects the financial condition, results of operations and
cash flows of the Company as of, and for, the periods presented in this annual
report;

4. The Companys other certifying officers and I are
responsible for establishing and maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-15(e) and Rule 15d-15(e)) for the Company
and have:

a) designed such disclosure controls and procedures to
ensure that material information relating to the Company, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this annual report is being prepared;

b) evaluated the effectiveness of the Companys
disclosure controls and procedures and presented in this report our conclusions
about the effectiveness of the disclosure controls and procedures, as of the
end of the period covered by this report based on such evaluation; and

c) disclosed in this report any change in our internal
control over financial reporting that occurred during our most recent fiscal
quarter (fourth fiscal quarter) that has materially affected, or is reasonably
likely to materially affect, our internal control over financial reporting; and

5. the Companys other certifying officers and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to our auditors and to the audit committee of our board of
directors:

a) all significant deficiencies and material weaknesses
in the design or operation of internal control over financial reporting which
are reasonably likely to adversely affect our ability to record, process,
summarize and report financial information; and

b) any fraud, whether or not material, that involves
management or other employees who have a significant role in the registrants
internal control over financial reporting.

|      |          |                                      
|----- | -------- | -------------------------------------
|Date: | 11-28-06 | /s/ David H. Roche                   
|      |          |                                      
|      |          | President and Chief Executive Officer

---
---

EXHIBIT 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, James B. Hersch, President and Director of
Century Petroleum Corp., hereby certifies, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) the Quarterly Report on Form 10-QSB of Century Petroleum
Corp. for the quarterly period ended October 31, 2007 (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
Century Petroleum Corp.

Dated: June 9, 2008

/s/ James B. HerschJames B. Hersch
President and Director (Principal Executive Officer)

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 Century
Petroleum Corp. and will be retained by Century Petroleum Corp. and furnished to
the Securities and Exchange Commission or its staff upon request.

---
**Exhibit 10.3**

AMENDMENT NO. 4 

TO THE 

ADVISORYAGREEMENT 

This amendment no. 4 to the Advisory Agreement dated as of November 8, 2009 (the “AdvisoryAgreement”) between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”), is entered as of May 7, 2010 (the“Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement. 

WHEREAS, upon the terms set forth in this Amendment, the Advisor has agreed to amend and restate Article 16 of the Advisory Agreement andadvance funds to the Company upon the terms set forth below. 

NOW, THEREFORE, in consideration of the foregoing and of themutual covenants and agreements contained herein, the parties hereto agree that Article 16 of the Advisory Agreement is hereby amended and restated in its entirety as follows: 

ADVANCE 

Notwithstanding anything contained in Article 9 of this Agreement to the contrary, the Advisor hereby agrees to advance funds (the“Advance”) to the Company equal to the amount by which the cumulative amount of distributions declared by the Company from January 1, 2006 through the period ending July 31, 2010 exceeds the amount of the Company’s Fundsfrom Operations from January 1, 2006 through July 31, 2010. Advisor further agrees that the Company will only be obligated to reimburse the Advisor for the Advance if and to the extent that the Company’s cumulative Funds fromOperations for the period commencing January 1, 2006 through the date of any such reimbursement exceeds the lesser of (i) the cumulative amount of any distributions declared and payable to the Company’s Stockholders as of the date ofsuch reimbursement or (ii) an amount that is equal to a 7.0% cumulative, non-compounded, annual return on Invested Capital for the Company’s Stockholders for the period from July 18, 2006 through the date of such reimbursement.Advisor understands and agrees that no interest shall accrue on the Advance being made under this Agreement. 

 

 

*Signature page follows.*

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and yearfirst above written. 

 
KBS REAL ESTATE INVESTMENT TRUST, INC.   By: /s/ Charles J. Schreiber, Jr.  Charles J. Schreiber, Jr., Chief Executive Officer
 

 
KBS CAPITAL ADVISORS LLC   By: Schreiber Real Estate Investments, L.P., a Manager
 
By: Schreiber Investments, LLC, as general partner
 
By: /s/ Charles J. Schreiber, Jr.  Charles J. Schreiber, Jr., Manager