alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.5


 


AMENDMENT NO. 5

TO

1999 OMNIBUS STOCK INCENTIVE PLAN


 


This
Amendment No. 5 to the 1999 Omnibus Stock Incentive Plan (this “Amendment”)
is executed by the undersigned, by and on behalf of Caldera Systems, Inc., a
Delaware corporation (the “Company”).


 


Background


 


The
Company has adopted the Caldera Systems, Inc. 1999 Omnibus Stock Incentive Plan
(the “1999 Plan”). The Company desires to amend the 1999 Plan to increase the
number of shares of Common Stock reserved for issuance under the 1999 Plan.
Capitalized terms used in this Amendment but not defined herein have the
meaning set forth in the 1999 Plan.


 


Amendment


 


NOW,
THEREFORE, the 1999 Plan is hereby amended as follows:


 


1.               Increase is
Number of Shares Subject to the 1999 Plan and Individual Limitation. The
first sentence of Section 3(a) of the 1999 Plan is hereby deleted in its
entirety and the following is inserted in its stead:


 


“Subject to adjustment under Section 3(c) below,
the maximum number of shares of Common Stock that may be issued under the Plan
shall be 10,905,238 shares, increased as of November 1 each year,
beginning November 1, 2000, by three percent (3%) of the total number of
shares of Common Stock that are issued and outstanding on the immediately
preceding October 31st.


 


2.               Ratification.
Except as specifically modified hereby, the 1999 Plan is hereby ratified and
affirmed by the Company.


 


3.               Effectiveness.
No shares of Common Stock shall be issued or other Incentive Awards shall be
permitted to be exercised in reliance upon this Amendment unless and until the
stockholders have approved this Amendment and any waiting periods required by
governing laws or regulations have passed.


 


The
undersigned, who is the duly elected Secretary of the Board of Directors of the
Company, hereby certifies that the Board of Directors of the Company approved
this Amendment on February 23, 2001.


 


 


	
   

  	
  Caldera Systems,
  Inc., a Delaware corporation

  
	
   

  
	
   

  
	
   

  	
  By:

  	
  /s/ RICHARD C. RIFE

  	
   

  
	
   

  	
   

  	
  Richard C.
  Rife

  
	
   

  	
   

  	
  Secretary to the
  Board of Directors
**EXHIBIT 32.1****Certification**     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), Stephen S.Schwartz, Chief Executive Officer of Asyst Technologies, Inc. (the “Company”), and Richard H.Janney, Interim Chief Financial Officer and Interim Principal Accounting Officer of the Company,each hereby certifies that, to the best of his knowledge:     1. The Company’s Annual Report on Form 10-K for the fiscal year ended March 31, 2006 filed onOctober 13, 2006, as amended by the Form 10-K/A, Amendment No. 2 to which this Certification isattached as Exhibit 32.1 (the “Periodic Report”), fully complies with the requirements of section13(a) or section 15(d) of the Securities Exchange Act of 1934, and     2. The information contained in the Periodic Report fairly presents, in all material respects,the financial condition and results of operations of the Company.Dated: November 28, 2006       /s/ STEPHEN S. SCHWARTZ   /s/ RICHARD H. JANNEY    StephenS. Schwartz, Ph.D.    Richard H. Janney  Chief Executive Officer   Interim Chief Financial Officer
Agreement, dated April 4, 2005



 Exhibit 10.1 
  
 Tessera Technologies, Inc. 
 3099 Orchard Drive 
 San Jose, California 95134 
  
 March 24, 2005 
  
 To:  D. James Guzy 
  
 Re:  Director Emeritus Position 
  
 Dear
Jim: 
  
 We are pleased to confirm the following terms of your continuing
relationship with Tessera Technologies, Inc. (the “Company”) as a Director Emeritus. These terms have been approved by our Board of Directors and will become effective following our annual meeting of stockholders currently scheduled for
May 19, 2005, subject to your acceptance hereof. 
  
 The initial term of the
Director Emeritus position will be two years. Thereafter, the position can be renewed annually by vote of the Board of Directors. 
  
 As a Director Emeritus, you will have no voting rights or any rights or duties under our bylaws. However, you will have the right to attend all Board of Directors
meetings as appropriate to your position. You will remain subject to the Company’s insider trading policy, code of ethics, and other policies and guidelines applicable to the Company’s directors. 
  
 As a Director Emeritus, you agree to make yourself available to consult with the
Company’s Chief Executive Officer or board members as requested. However, you are not required to devote any minimum number of hours to this duty. In consideration of such services, you will receive a cash retainer equal to $15,000 per year.
You will not be eligible to receive option grants or other equity compensation. Your prior option grants will continue to vest and be exercisable during the term of your service as Director Emeritus. 
  
 Please indicate your acceptance of and agreement to the foregoing by signing in the space
provided below. 
  

	
	 Yours very truly,

	
	 /s/ Bruce McWilliams


	 Dr. Bruce McWilliams

	 Chairman, Chief Executive Officer and President



  
 Accepted and agreed to this 4th
day of April, 2005 
  

			
	By:	 	 /s/ D. James Guzy


	 	 	D. James Guzy
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan



### September 22, 2008 Clifford W. Taylor, Chief Justice
Michael F. Cavanag h Elizabeth A. Weave r 

### 136492 Marilyn Kell y Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markman, Justices 

### PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 136492 COA: 283357 Berrien CC: 81-002950-FY ERVIN RUSSELL SIMS, Defendant-Appellant.

________________ _________________________/

On order of the Court, the application for leave to appe al the April 17, 2008 order of the Court of Appeals is considered, a nd it is DENIED, because the defendant has failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).

d0915 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

September 22, 2008

Clerk
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C SECTION 1350

In connection with the Annual Report of Tucows Inc. (the "Company") on Form 10-K for the period ended
December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Elliot Noss, Chief Executive Officer and President of the Company, hereby certify to
my knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



Date: March 22, 2011

/s/ ELLIOT NOSS Elliot Noss Chief Executive Officer and President


A
signed original of this written statement required by Section 906 the Sarbanes-Oxley Act of 2002, 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 the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.

---



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EXHIBIT 32.1


                            CERTIFICATION PURSUANT TO
                   TITLE 18, UNITED STATES CODE, SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the Annual Report of Diamond Hill Investment Group,
Inc. (the "Company") on Form 10-KSB for the annual period ended December 31,
2003 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), We, R.H. Dillon, Chief Executive Officer of the Company, and
James F. Laird, Chief Financial Officer of the Company, certify, pursuant to
Title 18, United States Code, Section 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 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.


                                         /S/ R.H. Dillon
                                         --------------------------------
                                         Print Name:  R.H. Dillon
                                         Title:  Chief Executive Officer
                                         Date:  March 29, 2004



                                         /S/ James F. Laird
                                         --------------------------------
                                         Print Name:  James F. Laird
                                         Title:  Chief Financial Officer
                                         Date:  March 29, 2004
EXHIBIT 23.2



CONSENT OF INDEPENDENT ACCOUNTANTS



We consent to the incorporation by reference in the registration statements on Form S-8 of
NB&T Financial Group, Inc., filed on March 23, 1995 of our report dated February 5, 2002 relating to the consolidated statements of income, stockholders equity, and cash flows for the year ended December 31, 2001 for NB&T Financial
Group, Inc. and subsidiaries., which appears in this Form 10-K



/s/ J. D. Cloud & Co. L.L.P.J. D. Cloud & Co. L.L.P. Certified
Public Accountants




Cincinnati, Ohio

March 16, 2004



69
I 

115TH CONGRESS 

2D SESSION H. R. 4756 

To amend the Federal Reserve Act to establish a blackout period for public 

communications by the Federal Open Market Committee, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2018 

Ms. TENNEY introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To amend the Federal Reserve Act to establish a blackout 

period for public communications by the Federal Open 

Market Committee, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Reserve Black5 out Improvement Act’’. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HR 4756 IH

1 SEC. 2. FEDERAL OPEN MARKET COMMITTEE BLACKOUT 

2 PERIOD. 

3 Section 12A of the Federal Reserve Act (12 U.S.C. 

4 263) is amended by adding at the end the following new 

5 subsection: 

6 ‘‘(d) BLACKOUT PERIOD.— 

7 ‘‘(1) IN GENERAL.—During a blackout period, 

8 the only public communications that may be made 

9 by members and staff of the Committee with respect 

10 to macroeconomic or financial developments or about 

11 current or prospective monetary policy issues are the 

12 following: 

13 ‘‘(A) The dissemination of published data, 

14 surveys, and reports that have been cleared for 

15 publication by the Board of Governors of the 

16 Federal Reserve System. 

17 ‘‘(B) Answers to technical questions spe18 cific to a data release. 

19 ‘‘(C) Communications with respect to the 

20 prudential or supervisory functions of the 

21 Board of Governors. 

22 ‘‘(2) BLACKOUT PERIOD DEFINED.—For pur23 poses of this subsection, and with respect to a meet24 ing of the Committee described under subsection (a), 

25 the term ‘blackout period’ means the time period 

26 that— 


lotter on DSKBCFDHB2PROD with BILLS
3 

•HR 4756 IH

1 ‘‘(A) begins immediately after midnight on 

2 the day that is one week prior to the date on 

3 which such meeting takes place; and 

4 ‘‘(B) ends at midnight on the day after the 

5 date on which such meeting takes place. 

6 ‘‘(3) EXEMPTION FOR CHAIRMAN OF THE

7 BOARD OF GOVERNORS.—Nothing in this section 

8 shall prohibit the Chairman of the Board of Gov9 ernors of the Federal Reserve System from partici10 pating in or issuing public communications.’’. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS
<TABLE> <S> <C>




<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF QPQ CORPORATION FOR THE TWELVE MONTHS ENDED DECEMBER
31, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS. 
</LEGEND> 
<MULTIPLIER>                       1,000
        
<S>                                 <C>
<PERIOD-TYPE>                     12-MOS
<FISCAL-YEAR-END>                 DEC-31-1997
<PERIOD-START>                    JAN-01-1997
<PERIOD-END>                      DEC-31-1997
<CASH>                                438,731
<SECURITIES>                                0
<RECEIVABLES>                         171,972
<ALLOWANCES>                                0
<INVENTORY>                            57,718
<CURRENT-ASSETS>                    1,077,060
<PP&E>                              2,627,591
<DEPRECIATION>                       (639,340)
<TOTAL-ASSETS>                      3,393,987
<CURRENT-LIABILITIES>                 838,085
<BONDS>                                     0
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<COMMON>                               76,535
<OTHER-SE>                          2,179,367
<TOTAL-LIABILITY-AND-EQUITY>        3,393,987
<SALES>                             2,093,145
<TOTAL-REVENUES>                    2,093,145
<CGS>                               3,532,435
<TOTAL-COSTS>                       3,532,435
<OTHER-EXPENSES>                    1,390,848
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                     36,844
<INCOME-PRETAX>                    (2,866,982)
<INCOME-TAX>                                0
<INCOME-CONTINUING>                (2,866,982)
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                       (2,866,982)
<EPS-PRIMARY>                            (.42)
<EPS-DILUTED>                            (.42)


        


</TABLE>
<partyblock><br><br><div align="center"><b><font size="+1">The People of the State of New York, Respondent,<br><br>against<br><br>Mauricio Torres, Appellant.</font></b></div><br><br><p>Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Stephanie L. Zaro, J.), rendered October 2, 2014. The judgment convicted defendant, after a nonjury trial, of public lewdness.</p><p>ORDERED that the judgment of conviction is affirmed.</p><p>Following a nonjury trial, defendant was found guilty of public lewdness (Penal Law ยง 245.00 [a]).</p><p>Defendant's challenge to the legal sufficiency of the evidence is preserved for appellate review since he raised these same contentions with specificity before the Criminal Court (<i>see</i> CPL 470.05 [2]; <a href="../2008/2008_09254.htm" target="_blank"><i>People v Hawkins</i>, 11 NY3d 484</a>, 492 [2008]; <i>People v Gray</i>, 86 NY2d 10, 19 [1995]). Viewing the evidence in the light most favorable to the prosecution (<i>see People v Contes</i>, 60 NY2d 620 [1983]), we find that it was sufficient to establish, beyond a reasonable doubt, defendant's guilt of public lewdness (<a href="../2015/2015_50172.htm" target="_blank"><i>see People v Conde</i>, 46 Misc 3d 142</a>[A], 2015 NY Slip Op 50172[U] [App Term, 2d Dept, 9th &amp; 10th Jud Dists 2015]; <a href="../2012/2012_50442.htm" target="_blank"><i>People v Dolan</i>, 34 Misc 3d 159</a>[A], 2012 NY Slip Op 50442[U] [App Term, 2d Dept, 9th &amp; 10th Jud Dists 2012]; <a href="../2011/2011_52406.htm" target="_blank"><i>People v Young</i>, 34 Misc 3d 137</a>[A], 2011 NY Slip Op 52406[U] [App Term, 2d Dept, 2d, 11th &amp; 13th Jud Dists 2011]).  Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (<i>see</i> CPL 470.15 [5]; <a href="../2007/2007_09814.htm" target="_blank"><i>People v Danielson</i>, 9 NY3d 342</a> [2007]), we nevertheless accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony, and observe their demeanor (<i>see People v Mateo</i>, 2 NY3d 383, 410 [2004]; <i>People v Bleakley</i>, 69 NY2d 490, 495 [1987]). Upon a review of the record, and particularly the consistent testimony of the two impartial eyewitnesses to the incident who both clearly viewed defendant's lewd act in a public place, we find no basis to disturb the Criminal Court's credibility determinations and, as a result, we are satisfied that the verdict of guilt was not against the weight of the evidence (<a href="../2006/2006_08640.htm" target="_blank"><i>see People v Romero</i>, 7 NY3d 633</a> [2006]; <a href="../2011/2011_50575.htm" target="_blank"><i>People v James</i>, 31 Misc 3d 130</a>[A], 2011 NY Slip Op 50575[U] [App Term, 2d Dept, 2d, 11th &amp; 13th Jud Dists 2011]).</p><p>Accordingly, the judgment of conviction is affirmed.</p><p>Elliot, J.P., Pesce and Solomon, JJ., concur.</p><br>Decision Date: January 24, 2017<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
#### Thomas CAMPISI, alias “Sporty,” Defendant-Appellant v. UNITED STATES of America.

No. 7063.

Circuit Court of Appeals, Third Circuit.

July 19, 1939.

Rehearing Denied Sept. 5, 1939.

Anthony A. Calandra, of Newark, N. J., for appellant.

John J. Quinn, U. S. Atty., and Charles A. Stanziale, Asst. U. S. Atty., both of Trenton, N. J.

Before MARIS, BIDDLE, and. BUFFINGTON, Circuit Judges.

PER CURIAM.

It appearing that no substantial error has been committed by the court below, prejudicial to the rights of the appellant, the judgment is affirmed.
```

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[Senate]
[Page S5969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                         ADDITIONAL STATEMENTS

                                 ______
                                 

                          FROSTBURG, MARYLAND

 Mr. CARDIN. Mr. President, I wish to recognize the 200th 
anniversary of the city of Frostburg in western Maryland. Frostburg is 
located in the mountainous terrain of Alleghany County and sits on the 
eastern slope of Big Savage Mountain. Frostburg's first settlers 
arrived during the construction of the National Road in 1811; the first 
permanent residents settled there a year later, in 1812, which is the 
bicentennial we are observing September 14-16, 2012. The town was 
formally incorporated in 1816. It was originally called Mount Pleasant 
but the name was changed to Frostburg, after Josiah and Meshach Frost. 
Meshach Frost built the city's first house which later became home to 
the Stockton Stagecoach Company and prompted the construction of other 
hotels and accommodations for travelers on the National Road. This 
traffic along the road contributed to the growth of the town as it 
became a regular stopping point.
  Although coal had been discovered near the town as early as 1782, 
difficulties in transportation made mining in western Maryland 
impractical. But with the local development of the Baltimore & Ohio 
Railroad and the Chesapeake & Ohio Canal in the 1840s, coal mining 
began to flourish, providing tremendous economic opportunities for 
Frostburg. In 1846, Meshach Frost opened the Frostburg Coal Company and 
began to send the first large shipments of coal to the east. Only 4 
years later, numerous other companies became active in the area, 
including the Allegany Coal Company, the Maryland Coal Company, and the 
Washington Coal Company. By 1863, the economy of Frostburg and the 
surrounding area was firmly tied to the increasingly profitable coal 
industry. Another industry to develop during this period was the 
manufacturing of fire bricks from high grade clays found in the area. 
In 1902, the Big Savage Fire Brick Company was formed and to this day 
is one of the major manufactures of fire bricks on the east coast.
  Frostburg State University, founded in 1898, was donated to the State 
by the citizens of Frostburg and was intended to train teachers for 
Maryland's public schools. The school grew slowly from an original 
enrollment of 91 students and has expanded to serve over 6,000 students 
today. The University has become a major economic engine for the 
community and a hub for academic and cultural activity.
  I ask my colleagues to join me in congratulating Mayor W. Robert 
Flanigan and the residents of the city of Frostburg on its bicentennial 
birthday and 200 years of industry and ingenuity.

                          ____________________
```
EXHIBIT 32

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER

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

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Dennis Calvert, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
amended Quarterly Report of BioLargo, Inc. on Form 10-QSB for the quarter ended March 31, 2007 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such amended
Annual Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of BioLargo, Inc.



|                     |  |  |  |     |  |                       |  |                                                     
|-------------------- |  |  |  | --- |  | --------------------- |  | ----------------------------------------------------
|                     |  |  | 
|Dated: March 7, 2008 |  |  |  | By: |  | /S/    DENNIS
CALVERT
|                     |  |  |  |     |  |                       |  | Dennis Calvert President and Chief Executive Officer

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

I, Charles K. Dargan II, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the amended Quarterly Report of BioLargo, Inc. on Form 10-QSB for the quarter ended
March 31, 2007 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such amended Annual Report on Form 10-QSB fairly presents in all material respects the
financial condition and results of operations of BioLargo, Inc.



|                     |  |  |  |     |  |                             |  |                                             
|-------------------- |  |  |  | --- |  | --------------------------- |  | --------------------------------------------
|                     |  |  | 
|Dated: March 7, 2008 |  |  |  | By: |  | /S/    CHARLES K. DARGAN
II
|                     |  |  |  |     |  |                             |  | Charles K. Dargan II Chief Financial Officer

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