alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.13(d)


 


SECOND AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT
AGREEMENT


 


THIS SECOND
AMENDMENT (this “Amendment”) is made as of this 4th day of April,
2005 to that certain AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated as of May
15, 2002 (the “Employment Agreement”), by and between CHARLES D. FRAZER (“Employee”)
and JOS. A. BANK CLOTHIERS, INC. (“Employer”).


 


FOR
GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby
acknowledged, Employer and Employee, being the sole parties to the Employment
Agreement, hereby amend the Employment Agreement as follows:


 


1.
Subject to earlier termination otherwise set forth in the Employment Agreement,
the last day of the Employment Period shall be January 31, 2007.


 


2.
Effective February 27, 2005, Employee’s Base Salary shall be $200,000.00.


 


Except
as specifically amended hereby, the Employment Agreement shall remain in full
force and effect according to its terms. To the extent of any conflict between
the terms of this Amendment and the terms of the remainder of the Employment
Agreement, the terms of this Amendment shall control and prevail. Capitalized
terms used but not defined herein shall have those respective meanings
attributed to them in the Employment Agreement. This Amendment shall hereafter
be deemed a part of the Employment Agreement for all purposes.


 


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


 


	
  JOS. A. BANK
  CLOTHIERS, INC.

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/ Robert N. Wildrick

  	
   

  	
  /s/ Charles D.
  Frazer

  	
   

  
	
   

  	
   Robert N. Wildrick,

  	
  CHARLES D.
  FRAZER

  
	
   

  	
   Chief Executive Officer
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 8-K
 CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 Date of Report (Date of the earliest event reported): May 15, 2009
 Valeant Pharmaceuticals International
  Delaware
    
    1-11397
    
    33-0628076(State or other jurisdiction of
    
    (Commission File Number)
    
    (I.R.S Employerincorporation or organization)
    
    
    
    Identification No.)
 One Enterprise
Aliso Viejo, California 92656
 (949) 461-6000
   o
    
    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)o
    
    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o
    
    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))o
    
    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))




---



TABLE OF CONTENTS  Item 3.03 Material Modification to Rights of Security HoldersSIGNATURES    Table of Contents  
 Item 3.03 Material Modification to Rights of Security Holders.
   2




---



##### Table of Contents



SIGNATURES
  Date: May 15, 2009
    VALEANT PHARMACEUTICALS
INTERNATIONALBy:
    /s/  Steve T. MinName:
    Steve T. MinTitle:
    Executive Vice President
and General Counsel 3
**EXHIBIT 32.2**

 

**CERTIFICATION OF VICE PRESIDENT, FINANCE**

**CALLISTO PHARMACEUTICALS, INC.**

**FORM 10-Q FOR THE QUARTER ENDED MARCH 31,2006**

**PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED**

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACTOF 2002**

 

I am the Vice President,Finance of Callisto Pharmaceuticals, Inc., a Delaware corporation (the “Company”).I am delivering this certificate in connection with the Form 10-Q of theCompany for the quarter ended March 31, 2006 and filed with the Securitiesand Exchange Commission (“Form 10-Q”).

 

Pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, Ihereby certify that, to the best of my knowledge, the Form 10-Q fullycomplies with the requirements of Section 13(a) or Section 15(d) ofthe Securities Exchange Act of 1934 and that the information contained in the Form 10-Qfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| *Date: May 22, 2006*  |                        |
|---------------------------------|-----------------------------|
|                            |                        |
|                            | */s/  Bernard F. Denoyer*   |   |
|                            | * *                    |   |
|                            | *Bernard  F. Denoyer*  |
|                            | *Vice  President, Finance*  |

 

----
EXHIBIT 32.1
 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
    August 14, 2008
    
    /s/ Jeffrey T. HansonDate
    
    Jeffrey T. HansonPresident
Grubb & Ellis Realty Investors, LLC,
the Manager of NNN 2002 Value Fund, LLC(principal executive officer)
<PAGE>



                                                                    EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                         CALLISTO PHARMACEUTICALS, INC.
              FORM 10-QSB FOR THE QUARTER ENDED SEPTEMBER 30, 2004
                 PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I am the Chief Executive Officer of Callisto Pharmaceuticals, Inc., a Delaware
corporation (the "Company"). I am delivering this certificate in connection with
the Form 10-QSB of the Company for the quarter ended September 30, 2004 and
filed with the Securities and Exchange Commission ("Form 10-QSB").

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge,
the Form 10-QSB fully complies with the requirements of Section 13(a) or Section
15(d) of the Securities Exchange Act of 1934 and that the information contained
in the Form 10-QSB fairly presents, in all material respects, the financial
condition and results of operations of the Company.

Date: November 12, 2004

                                                    /s/ Gary S. Jacob
                                                    -----------------------

                                                    Gary S. Jacob
                                                    Chief Executive Officer
**Exhibit 32.2**

 

**WRITTENSTATEMENT OF THE CHIEF FINANCIAL OFFICER**

**PURSUANTTO 18 U.S.C. 1350**

 

Solely for the purposes of complying with 18 U.S.C. 1350, I, theundersigned Chief Financial Officer of Liquidmetal Technologies, Inc. (the“Company”), hereby certifies, based on my knowledge, that the Quarterly Reporton Form 10-Q of the Company for the quarter ended March 31, 2008,(the “Report”) fully complies with the requirements of Section 13 (a) ofthe Securities Exchange Act of 1934 and that the information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
| /s/ Gerald Morrow                       |   |   |
|-----------------------------------------|--------|--------|
| Gerald Morrow, Chief  Financial Officer |   |   |
| August 19, 2008                    |   |   |

 

----
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

JUN 2 4 2015 

Mr. Kevin M. Tauzier 

Director of Operations 

Chevron Aircraft GOMBU 

96 Runway Road 

Picayune, MS 39466 

Dear Mr. Tauzier: 

This letter is to infonn you that we require further clarification of your December I I, 2014 

petition for exemption from Title 14, Code of Federal Regulations (14 CFR) part 91.9(a). 

You request an exemption from a specific operating limitation in one of the Rotorcraft 

Flight Manual (RFM) supplements cited in your petition but fail to specify which limitation. 

If you could provide copies of the portion of the RFM containing the specific requirement or 

limitation to clarify your request and delineate any specifics, it would allow us to make a 

clear detem1ination. In addition, please provide any procedures to be followed by the flight 

crew to mitigate risk. This information is considered proprietary and confidential and will 

not be available for public review. We require this to make an informed decision regarding 

your request. 

What You Should Do 

If you want us to process your request any further, you must send the information described 

above to reach us within 30 days. We will consider the docket for your petition open until 

we receive this required information from you. 

If We Do Not Hear From You 

If we do not hear from you within 30 days, we will close the docket without notifying you 

further. If you have any questions or require additional time, you may call (202) 267-4552. 

Sincerely, 

lJ~ l. s ·I Les te H. mtt 1 

Manager, Air Transportation Division
EXHIBIT 23.1

Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the Registration Statements Nos. 333-03040, 333-67581, 333-72979,
333-67579, 333-109304, 333-109981, and 333-117600 on Form S-3 (as amended) and Registration Statements
Nos. 333-03042, 333-03044, 333-27987, 333-95497, 333-103009, 333-109941, and 333-127382 on
Form S-8 (as amended) of our reports dated February 28, 2008, relating to the consolidated financial statements of UnionBanCal Corporation and subsidiaries (which report
expresses an unqualified opinion and includes an explanatory paragraph related to the change in method of accounting for defined pension and other postretirement plans as of December 31, 2006)
and the effectiveness of internal control over financial reporting, appearing in this Annual Report on Form 10-K of UnionBanCal Corporation for the year ended December 31,
2007.

/S/ DELOITTE & TOUCHE LLP

Deloitte &
Touche LLP

San
Francisco, California
February 28, 2008

---



QuickLinks
Exhibit 31.2CertificationI, Terry A. Klebe, certify that: 1. I have reviewed this report on Form 10-Q of Cooper Industries, Ltd.;  2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;  3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;  4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13(a)-15(f) and 15(d)-15(f)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  b) Designed such internal control over financial reporting, or caused such internalcontrol over financial reporting to be designed under our supervision, to providereasonable assurance regarding the reliability of financial reporting and the preparationof financial statements for external purposes in accordance with generally acceptedaccounting principles;  c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on suchevaluation; and  d) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and 5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and  b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.   Date: May 1,2008 /s/ Terry A. Klebe     Terry A. Klebe  Senior Vice President and Chief Financial Officer
#### W. M. Hancock, *Appellant,*v. State Exchange Bank and Others, *Appellees.*

Opinion filed Nov. 2, 1915.

The Court may postpone to the final hearing an application by one claiming a homestead exemption in a judgment in his favor as to which a writ of garnishment has issued and as to a claim for personal property not actually levied upon.

Appeal from Circuit Court, Columbia County; M. F. Horne, Judge. '

Order affirmed.

*262
      *Co'ne & Chapman,*for Appellant;

*R. T. Boozer,*for Appellees.

Per Curiam.

A bill was filed praying that certain personal property be set aside as exempt including a judgment in favor of the complainant against one of the defendants, against whom a writ of garnishment had issued. Upon the filing- of the bill immediate action was requested, but it being made to appear that no actual levy had been made, the court refused to act immediately and held the matter in abeyance until the final hearing.

The time consumed by this appeal has been considerably more than would have been needed to bring the matters to an issue in the manner desired by the chancellor. The two questions sought to be decided on this appeal, *vis.,*is an actual levy necessary before the sheriff is called upon to allow the exemption, and is the garnishment of a money judgment properly cognizable in these proceedings, have never been passed upon by the court of first instance, and we, as an appellate court sitting to correct its errors, should not undertake to pass upon these questions.

We think the court had the right to postpone the decision of these questions until all the parties interested could be fully heard, and we will not interfere with his order of postponement.

Order affirmed.

Taylor, C. J., and Shackleford, Cockrell, Whitfield and Ellis, JJ., concur.
IN THE SUPREME COURT OF PENNSYLVANIA

OFFICE OF DISCIPLINARY COUNSEL,

Petitioner

v.

AARON S. FRIEDMANN,

Respondent :

:

:

:

:

:

:

:

: No. 2339 Disciplinary Docket No. 3

No. 209 DB 2016

Attorney Registration No. 40596

(Philadelphia)

ORDER

PER CURIAM

AND NOW , this 12 th day of February, 2018, upon consideration of the Verified

Statement of Resignation, Aaron S. Friedmann is disbarred on consent from the Bar of

the Commonwealth of Pennsylvania, retroactive to January 12, 2017

. See Pa.R.D.E.

215. Respondent shall comply with the provisions of Pa.R.D.E. 217, and pay costs to

the Disciplinary Board pursuant to Pa.R.D.E. 208(g).
Exhibit 32.1

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

CHIEF EXECUTIVE OFFICER

OF MAX CAPITAL GROUP LTD.

This certification is
provided pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1350, and accompanies the quarterly report on Form 10-Q (the Form 10-Q) for the quarter ended June 30, 2009 of Max Capital Group Ltd. (the
Issuer).

I, W. Marston Becker, the Chief Executive Officer of Issuer, certify that:

(i) the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a) or 78o(d)); and

(ii) the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition
and results of operations of the Issuer.

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

Dated: August 6, 2009



|       |  |                        
|------ |  | -----------------------
|       |  | /s/ W. Marston Becker  
|Name:  |  | W. Marston Becker      
|Title: |  | Chief Executive Officer
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ANNUAL
REPORT AS OF AND FOR THE YEAR ENDED APRIL 30, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          APR-30-2000
<PERIOD-START>                             MAY-01-1999
<PERIOD-END>                               APR-30-2000
<CASH>                                              79
<SECURITIES>                                         0
<RECEIVABLES>                                   25,861
<ALLOWANCES>                                       541
<INVENTORY>                                     49,333
<CURRENT-ASSETS>                                79,459
<PP&E>                                         136,448
<DEPRECIATION>                                  70,203
<TOTAL-ASSETS>                                 160,453
<CURRENT-LIABILITIES>                           35,415
<BONDS>                                        130,135
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            35
<OTHER-SE>                                    (19,248)
<TOTAL-LIABILITY-AND-EQUITY>                   160,453
<SALES>                                        172,114
<TOTAL-REVENUES>                               172,114
<CGS>                                          133,273
<TOTAL-COSTS>                                  133,273
<OTHER-EXPENSES>                                 8,343
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              15,167
<INCOME-PRETAX>                                    193
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                193
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       193
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
July 03, 2015

Twelfth Court of Appeals

1517 W Front St Ste 354

Tyler TX 75702

- 7854

Re: Donnie Dale Carr



### 12

- 14

- 00335

- CR

To The Honorable Clerk of the Court:

Please find enclosed a copy of the letter sent to my client regarding his right to file a PDR along

with a copy of the certified return receipt showing the mailing of the same.

Sincerely,

/s/ Austin Reeve Jackson ACCEPTED

12-14-00335-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

7/3/2015 9:43:37 AM

CATHY LUSK

CLERKJuly 02, 2015

Donnie Dale Carr

Inmate 01960656

Clements Unit

9601 Spur 591

Amarillo

, TX 77328

Re: Opinion

Mr. Carr :

Please find enclosed a copy of opinion issued by the Court of Appeals in your case. The Court

has affirmed your conviction.

Should you desire to do so, you do have the right to file a pro se Petition for Discretionary

Review in the Court of Criminal Appeals. If you decide to pursue that option you must file your

petition prior to the expiration of thirty days from the date of the court’s opinion

.

I would be happy to address any questions or concerns you have if you will simply let me know.

Sincerely,

Austin Reeve Jackson
**EXHIBIT 32.1**

**CERTIFICATION OF**

**CHIEF EXECUTIVE OFFICER**

**OF MAX RE CAPITAL LTD.**

This certification is providedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1350, and accompanies the quarterly report on Form 10-Q (the “Form 10-Q”) for the quarter ended September 30, 2006 of Max Re Capital Ltd. (the“Issuer”). 

I, W. Marston Becker, the Chief Executive Officer of Issuer certify that: 

(i) the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.78m(a) or 78o(d)); and 

(ii) the information contained in the Form 10-Q fairly presents, in all material respects, the financial conditionand results of operations of the Issuer. 

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 the Issuer and will be retained by the Issuer and furnished tothe Securities and Exchange Commission or its staff upon request. 

Dated: November 14, 2006
**Exhibit 15.1**

November 2, 2010 

TheBoard of Directors and Shareholders 

MCG Capital Corporation 

We are aware of the incorporation by reference in the Registration Statements (Form S-8 No. 333-137565 and Form S-8 No. 333-167494) pertaining to the Third Amended and Restated 2006 EmployeeRestricted Stock Plan of MCG Capital Corporation and the Third Amended and Restated 2006 Non-Employee Director Restricted Stock Plan of MCG Capital Corporation of our report dated November 2, 2010 relating to the unaudited consolidated interimfinancial statements and schedules of MCG Capital Corporation included in its Form 10-Q for the three- and nine-month periods ended September 30, 2010. 

/s/ Ernst & Young LLP
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, December 13, 2018.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, December 13, 2018

The Court of Appeals hereby passes the following order

A19D0179. DUNCAN MUKABI GIATHI v. FIDELIS W. NJUGUNA.

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be 

hereby DENIED.

LC NUMBERS:

171733240