alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
f10k2011ex10xxiii_scivanta.htm


EXHIBIT 10.23


 


AMENDMENT NO. 2 TO EXECUTIVE EMPLOYMENT AGREEMENT


 


This Amendment No. 2, dated as of January 3, 2012 (this “Amendment”), to the Executive Employment Agreement, dated as of January 1, 2008 and amended as of February 1, 2010 (the “Agreement”), is made by and between Scivanta Medical Corporation, a Nevada corporation (the “Company”), and David R. LaVance (the “Executive”).


 


WHEREAS, the Company and the Executive desire to modify the Agreement for the mutual benefit of both parties;


 


NOW, THEREFORE, in consideration of the foregoing and the mutual covenants, undertakings and representations contained herein, and intending to be legally bound thereby, the Company and the Executive agree as follows:


 


1. The modifications of the Agreement herein will be effective as of November 1, 2011 and will remain in effect for the duration of the Agreement unless further modified in writing by the parties hereto.


 


2. The last paragraph of Section 7, as set forth in Amendment No. 1 to the Agreement dated as of January 1, 2008, shall be deleted in its entirety.


 


3. The following new paragraphs are hereby added at the end of Section 6 of the Agreement:


 


Effective February 1, 2010, the Company and the Executive agreed to reduce the Executive’s annual base salary to $200,000, which was to be increased to the original $275,000 per annum upon raising sufficient capital that would provide the Company the ability to pay the original base salary of $275,000.


 


Effective November 1, 2011, the Company and the Executive agree to reduce the Executive’s annual base salary to $0 until the Company has raised sufficient capital, as determined by the Company’s board of directors, that will provide the Company the ability to pay either the original base salary of $275,000 or the reduced base salary of $200,000 or some other amount as mutually agreed upon by the Executive and the Company’s board of directors.


 


4. Other than as specifically modified in this Amendment, all other terms, conditions and covenants of the Agreement shall remain in full force and effect as written.


 


IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of January 3, 2012.


 




	 	 
SCIVANTA MEDICAL CORPORATION


	 	 	 
	 	
By: 

	 
/s/ Thomas S. Gifford


	 	 	 
Thomas S. Gifford


	 	 	 
Executive Vice President and


	 	 	 
Chief Financial Officer









 




	 	 
DAVID R. LAVANCE


	 	 	 
	 	
By: 

	 
/s/ David R. LaVance                   


	 	 	 
David R. LaVance
Exhibit 32.1

CERTIFICATION

Pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Mission Broadcasting, Inc. (the Company), hereby certifies that the Companys Quarterly Report on Form 10-Q for the three months ended March 31, 2006 (the
Report) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.

Dated: May 12, 2006



/s/ DAVID S. SMITHDavid S. Smith President and Treasurer (Principal Executive Officer and Principal Financial and Accounting
Officer)


The foregoing certification is being furnished solely pursuant to 18 U.S.C. ss. 1350 and is
not deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liability of that section. The foregoing certification will not be deemed to be incorporated by reference into any filing under the
Securities Act of 1933 or the Securities Exchange Act of 1934.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

CHARLES LUCIOUS,

 Defendant - Appellant.

No. 10-10584

D.C. No. 2:09-cr-00224-RLH

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Roger L. Hunt, Chief District Judge, Presiding

Submitted September 27, 2011** 

Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges. 

Charles Lucious appeals from the 60-month sentence imposed following his

guilty-plea conviction for being a felon in possession of a firearm, in violation of

18 U.S.C. § 922(g). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

FILED

OCT 4 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-10584

Lucious contends that his below-Guidelines sentence was substantively

unreasonable because the district court determined that he was not harmed by his

indictment being delayed. In light of the 18 U.S.C. § 3553(a) sentencing factors

and the totality of the circumstances, including the 10-month downward variance

Lucious was granted for his rehabilitative efforts during the indictment delay

period, Lucious’s criminal history, and the new crimes Lucious committed during

the indictment delay period, Lucious’s below-Guidelines sentence is not

substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).

AFFIRMED.
##### 



EXHIBIT 99.1
 Joel P. Moskowitz
    
    Phil Bourdillon/Gene HellerChief Executive Officer
    
    Silverman Heller Associates(714) 549-0421, x8261
    
    (310) 208-2550
 CERADYNE, INC. RECEIVES $41.1 MILLION CERAMIC BODY ARMOR ORDER
FOR U.S. ARMY
   www.ceradyne.com
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of Webb Interactive Services, Inc. (the Company) on Form 10-KSB for the period ended December 31, 2004,
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Lindley S. Branson, Vice President  General counsel currently the only executive officer of the Company, certifies, pursuant to 18 U.S.C.
§1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



(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.



/s/ Lindley S. BransonVice President  General Counsel




Date: April 15, 2005



Ex-84
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                    
                -                       the agency docket number / agency internal file number                    
                -                       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.                  

###### International Trade Commission

          - [USITC SE-24-001]

# AGENCY HOLDING THE MEETING:

United States International Trade Commission.

# TIME AND DATE:

January 18, 2024 at 11:00 a.m.

# PLACE:

Room 101, 500 E Street SW,  Washington, DC 20436, Telephone: (202) 205-2000.

# STATUS:

Open to the public.

# MATTERS TO BE CONSIDERED:

                                                       ( print page 1601)    

1. Agendas for future meetings: none.

2. Minutes.

3. Ratification List.

4. Commission vote on Inv. Nos. 701-TA-589 and 731-TA-1394-1396 (Review)(Forged Steel Fittings (FSF) from China, Italy, and Taiwan). The Commission currently is scheduled to complete and file its determinations and views of the Commission on January 26, 2024.

5. Outstanding action jackets: none.

# CONTACT PERSON FOR MORE INFORMATION:

Sharon Bellamy, Supervisory Hearing and Information Officer, 202-205-2000.

The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

By order of the Commission.

Issued: January 8, 2024.

Sharon Bellamy,

Supervisory and Hearings Information Officer.

[FR Doc. 2024-00464 Filed 1-8-24; 4:15 pm]

BILLING CODE 7020-02-P
<PAGE>

                     32.1 SECTION 1350 CERTIFICATION OF CEO

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 Quarterly Report of Commonwealth Income & Growth Fund IV,
(the "Company") on Form 10-Q for the quarter ending March 31, 2006, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Kimberly A. Springsteen, 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, to the best of my knowledge:

     (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 result of operations of the
Company.


/s/ Kimberly A. Springsteen
------------------------------------
Kimberly A. Springsteen
Chief Executive Officer
May 15, 2006
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DATA COMPLETENESS REPORT Sep. 12, 2012 Report Request ID: 1018494 Report Code: AMP430

Selection Criteria Page 1 User ID:KHO

State County City

Site Parameter POC AQCR UAR CBSA CSA EPA Region Method Duration Begin Date End Date 06 007 GEOGRAPHIC SELECTIONS

PROTOCOL SELECTIONS Parameter Classification Parameter Method Duration CRITERIA 88101

SELECTED OPTIONS

OZONE EVALUATION AGENCY ROLE MERGE PDF FILES Option Type Option Value SEASONAL-HOURLY REPORTING YES SORT ORDER

1 2 3 4 5 6 7 Order Column

EPA_REGION STATE_CODE MONITOR_TYPE COUNTY_CODE SITE_ID PARAMETER_CODE POC GLOBAL DATES

2011 Start Date End Date 2011 01 12 Tribal CodeSep. 12, 2012 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

AIR QUALITY SYSTEM DATA COMPLETENESS REPORT



### Page 1 of 3 MONITORS NOT REPORTINGSep. 12, 2012 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

AIR QUALITY SYSTEM DATA COMPLETENESS REPORT



### Page 2 of 3 DATE RANGE: REGION:(09) SAN FRANCISCO

California MONITOR TYPE: California Air Resources Board SLAMS JAN. 01, 2011 DEC. 31, 2011

THRU

SITE ID CITY ADDRESS PARAMETER POCDURATION METHOD ------------------------------- OBSERVATIONS ------------------------------- NUMBER / PERCENT
06-007-0002 88101PM2.5 - Local Conditions 1 7 Chico 468 MANZANITA AVE, CHICO 117 5 100% 5

100% 5 100% 5 100% 5 100% 5 100% 5

100% 6 100% 5 100% 4

80% 5 100% 5 100% 60

98% MONITORS REPORTING

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YEAR STATE: REP ORG:Sep. 12, 2012 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

AIR QUALITY SYSTEM DATA COMPLETENESS REPORT



### Page 3 of 3 DATE RANGE: REGION:(09) SAN FRANCISCO

California
MONITOR TYPE:

California Air Resources Board SLAMS JAN. 01, 2011 DEC. 31, 2011

THRU

PARAMETER ACTIVE MONITORS # NOT REPORTING # MONITORS > 75% MONITORS AVG COMPLETENESS 88101 PM2.5 - Local Conditions 1 0 1 98.0% 1 0 1 98.0% 1 0 1 98.0% 1 0 1 98.0% 1 0 1 98.0% 1 0 1 98.0% California Air Resources Board California REGION SUMMARY:(09) SAN FRANCISCO REPORT SUMMARY: MT SUMMARY:SLAMS REPORT SUMMARY

STATE:

STATE SUMMARY: REP ORG:

RO SUMMARY:
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1999             SEP-30-1998
<PERIOD-START>                             OCT-01-1998             OCT-01-1997
<PERIOD-END>                               SEP-30-1999             SEP-30-1998
<CASH>                                           1,076                     243
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   97,780                  85,900
<ALLOWANCES>                                         0                       0
<INVENTORY>                                    114,128                 105,586
<CURRENT-ASSETS>                               220,404                 196,846
<PP&E>                                          44,160                  36,421
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                                 275,296                 267,883
<CURRENT-LIABILITIES>                           53,014                  20,981
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           144                     146
<OTHER-SE>                                     191,760                 178,368
<TOTAL-LIABILITY-AND-EQUITY>                   275,296                 267,883
<SALES>                                        308,385                 259,146
<TOTAL-REVENUES>                                     0                       0
<CGS>                                          163,983                 135,412
<TOTAL-COSTS>                                  274,648                 235,918
<OTHER-EXPENSES>                                 7,800                   6,143
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               1,421                     874
<INCOME-PRETAX>                                 25,937                  17,085
<INCOME-TAX>                                     9,454                   6,491
<INCOME-CONTINUING>                             16,483                  10,594
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                    16,483                  10,594
<EPS-BASIC>                                       1.13                     .72
<EPS-DILUTED>                                     1.13                     .72


</TABLE>
Exhibit 99.01-CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL
              OFFICER

      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, hereby certify that the Quarterly Report of New England Acquisitions, Inc. on
Form 10-QSB for the quarterly period ended September 30, 2003 fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934 and that information contained in the Quarterly Report fairly presents,
in all material respects, the financial condition of New England Acquisitions,
Inc. as of September 30, 2003.

Date: November 13, 2003

 /s/ Gary Cella
 -------------------------
     Gary Cella
     Principal Executive Officer and
     Principal Financial Officer of the Registrant
II

104TH CONGRESS

1ST SESSION S. 1510

To designate the United States Courthouse in Washington, District of Columbia, as the ‘‘E. Barrett Prettyman United States Courthouse’’, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 22, 1995

Mr. WARNER introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

A BILL

To designate the United States Courthouse in Washington,

District of Columbia, as the ‘‘E. Barrett Prettyman

United States Courthouse’’, 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. DESIGNATION OF E. BARRETT PRETTYMAN

4 UNITED STATES COURTHOUSE.

5 The United States Courthouse located at 3rd Street

6 and Constitution Avenue Northwest, in Washington, Dis7 trict of Columbia, shall be known and designated as the

8 ‘‘E. Barrett Prettyman United States Courthouse’’.
2

•S 1510 IS

1 SEC. 2. REFERENCES.

2 Any reference in a law, map, regulation, document,

3 paper, or other record of the United States to the United

4 States courthouse referred to in section 1 shall be deemed

5 to be a reference to the ‘‘E. Barrett Prettyman United

6 States Courthouse’’.

Æ
(1)
    
    Registration Statement (Form S-8 No. 333-105623) pertaining to the registration of
2,178,205 shares of common stock pursuant to the Amended and Restated Employee Stock
Purchase Plan;(2)
    
    Registration Statement (Form S-8 No. 333-86268) pertaining to 1,087,541 shares of
common stock related to certain Stock Option Grants outside of a plan;(3)
    
    Registration Statement (Form S-8 No. 333-74076) pertaining to 6,000,000 shares of
common stock pursuant to the 2001 Stock Incentive Plan;(4)
    
    Registration Statement (Form S-8 No. 333-41090) pertaining to 5,687,318 shares of
common stock pursuant to the 1992 Stock Incentive Plan, the 1999 Stock Incentive Plan and
the Employee Stock Purchase Plan;(5)
    
    Registration Statement (Form S-8 No. 333-136182) pertaining to 6,000,000 shares of the
2006 Performance-Based Stock Incentive Plan; and(6)
    
    Registration Statement (Form S-3 No. 333-142362) pertaining to $175,000,000 of 2.5%
Convertible Subordinated Notes due 2012 and 7,277,567 shares of common stock;
<PAGE>
                                                                   Exhibit 23.1


            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We hereby consent to the incorporation by reference in the following
Registration Statements of Post Properties, Inc. of our report dated March 15,
2005 relating to the financial statements, financial statement schedule,
management's assessment of the effectiveness of internal control over financial
reporting and the effectiveness of internal control over financial reporting,
which appears in this Form 10-K:

Form S-3 (No. 33-81772)
Form S-3 (No. 333-47399)
Form S-3 (No. 333-80427)
Form S-3 (No. 333-44722)
Form S-8 (No. 333-62243)
Form S-8 (No. 33-00020)
Form S-8 (No. 333-94121)
Form S-8 (No. 333-38725)
Form S-8 (No. 333-02374)
Form S-8 (No. 333-107092)
Form S-8 (No. 333-107093)


PricewaterhouseCoopers LLP
Atlanta, Georgia
March 15, 2005
#### Scott NELSON and Vivian Nelson, Individually and as Husband/Wife, Plaintiffs-Appellants, v. SAUDI ARABIA, King Faisal Specialist Hospital, Royspec, Defendants-Appellees.

No. 89-5981.

United States Court of Appeals, Eleventh Circuit.

July 27, 1993.

Jorge A. Duarte, P.A., Miami, FL, for plaintiffs-appellants.

Anthony D’Amato, Northwestern University School of Law, Chicago, IL, for Nelson.

Maureen E. Mahoney, Lathan & Watkins, Washington, DC, for Saudi Arabia.

Marc Cooper, Cooper, Wolfe & Bolotin, P.A., Miami, FL, for King Faisal Hosp. and SA.

Douglas Letter, Appellate Staff, Civ. Div., Dept, of Justice, Washington, DC, for U.S. amicus.

*

 Judge Re resigned on May 1, 1991 and did not participate in this decision. This decision is rendered by quorum. 28 U.S.C. § 46(d).

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before EDMONDSON and BIRCH, Circuit Judges.*

PER CURIAM:

In the light of *Saudi Arabia, et al. v. Nelson,*— U.S. -, 113 S.Ct. 1471, 123 L.Ed.2d 47 (1993), our prior opinion in this case, 923 F.2d 1528, is VACATED and the cause is REMANDED to the district court *271for dismissal in accordance with the Supreme Court’s judgment.

VACATED AND REMANDED.
Exhibit 31.2 CERTIFICATION I, Joseph M. Reardon, certify that:  1.
I have reviewed this quarterly report on Form 10-Q of 1stConstitution Bancorp;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;3.
Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this report;4.
The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and
have:(a) Designed such disclosure controls and procedures,
or caused such disclosure controls and procedures to
be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;(b) Evaluated the effectiveness of the registrant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 the
registrants internal control over financial reporting that occurred during the
registrants most recent fiscal quarter (the registrants fourth fiscal quarter
in the case of an annual report) that has materially affected, or is reasonably
likely to materially affect, the registrants internal control over financial
reporting; and 5.
The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the
registrants board of directors (or persons performing the equivalent functions):(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 the 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 who have a significant role in the registrants
internal control over financial reporting. Date: August 8, 2005 JOSEPH M. REARDONName:

Joseph M. ReardonTitle:

Senior Vice President andTreasurer