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










Exhibit 10.16
        
    
SECOND AMENDMENT TO
EMPLOYMENT AGREEMENT


WHEREAS, Eric D. Major (“Executive”) and K2M, Inc. (the “Company”) are parties to an employment agreement, effective as of  August 12, 2010, as amended January 20, 2014 (the “Agreement”) setting forth the terms of Executive’s employment by the Company; and
WHEREAS, Executive and the Company desire to amend the Agreement effective as of the date hereof.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, Executive and the Company agree that the Agreement is amended as follows effective immediately. Capitalized terms used herein without definition shall have the meanings assigned to such terms under the Agreement.
1.Section 6.1 is hereby deleted in its entirety and replaced as follows:


“6.1    Definition of “Change of Control.” For purposes of this Agreement, “Change of Control” shall have the meaning ascribed to such term in the K2M Group Holdings, Inc. 2016 Omnibus Incentive Plan.”  
2.Section 6.2(a) is hereby deleted in its entirety and replaced as follows:


“ (a)     Upon a Change of Control, one hundred percent (100%) of any unvested options, restricted stock or restricted stock units held by the Executive immediately prior to the Change of Control shall immediately and automatically vest and, in the case of options, shall be fully exercisable.”
3.This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.


IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed and delivered on this 21st day of February, 2017.


EXECUTIVE
	
	
	/s/ Eric D. Major

	Name: Eric D. Major










K2M, INC.
	
	
	/s/  Gregory S. Cole

	Name: Gregory S. Cole
United States Court of Appeals

for the Fifth Circuit ____________

No. 23-11011

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Miguel Tejada-Cruz, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Northern District of Texas

USDC No. 3:21-CR-42-1

______________________________

Before Duncan, Wilson, and Douglas, Circuit Judges.

Per Curiam:*

Miguel Tejada-Cruz pleaded guilty to two counts of possession of a 

firearm by a felon and one count of possession with intent to distribute a 

controlled substance. He was sentenced to a total of 75 months of 

imprisonment and three years of supervised release. On appeal, he first 

presents a preserved argument that inchoate offenses are not included within 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

May 6, 2024

Lyle W. Cayce

Clerk

Case: 23-11011 Document: 49-1 Page: 1 Date Filed: 05/06/2024
No. 23-11011

2

the definition of a “controlled substance offense” in U.S.S.G. § 4B1.2

(2021). Second, he presents two unpreserved constitutional challenges to

18 U.S.C. § 922(g)(1) under the Commerce Clause and under the Second 

Amendment based on New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 

1 (2022). The Government has filed an unopposed motion for summary 

affirmance or, in the alternative, for an extension of time to file its brief. 

Tejada-Cruz correctly concedes that his arguments are foreclosed

under the applicable standards of review. See United States v. Vargas, 74 

F.4th 673, 680-90 (5th Cir. 2023) (en banc), cert. denied, 144 S. Ct. 828 

(2024); United States v. Jones, 88 F.4th 571, 573-74 (5th Cir. 2023), cert. 

denied, 2024 WL 1143799 (U.S. Mar. 18, 2024) (No. 23-6769). Therefore, 

summary disposition is appropriate. See Groendyke Transp., Inc. v. Davis, 406 

F.2d 1158, 1162 (5th Cir. 1969). The motion for summary affirmance is 

GRANTED, the alternative motion for an extension of time is DENIED, 

and the district court’s judgment is AFFIRMED.

Case: 23-11011 Document: 49-1 Page: 2 Date Filed: 05/06/2024
### SERVE D JUN E 22 , 201 0 U.S . DEPARTMEN T O FTRANSPORTATIO N

OFFIC EO FHEARING S WASHINGTON , D C I N TH EMATTE RO F RAYMON D H . FESSLE R FA A DOCKE T NO . CP10WP000 2 (Civi l Penalt y Action ) DM S No . FAA-2010-002 0 AMENDE D NOTIC EO FHEARIN GDATE S Paragrap h# 2 o f

th e Procedura l Orde r

i s amende da s follows : WHEREFORE , th e partie s b e an dar e hereb y ORDERE D t o adher e t o th e followin g procedura l schedule :

.. . O n o r before Augus t

21 , 2010 , th e partie s shal l conclud e al l discover y including , but

no t limite dto , depositions , documen t production , response s t o productio n request s and/o r interrogatories . I f

th e partie s canno t

resolv e a discover y disput e the y shal l submi t th e disput e t o th e undersigne dfo r resolutio n i n atimel y manner.. . NOTIC EI S HEREB Y GIVE N tha t testimon y an devidenc e wil l b e hear dan dconsidere d o n Augus t

30,31,2010 , inclusive , i n th e Nationa l Transportatio n Safet y Boar d Courtroom , 151 5 W . 190t hST . St e 555 , Gardena , C A 90248. ' Hearing s wil l commenc e at

9:0 0 a.m . an dconclud e at 4:3 0 p.m . eac hday . Settle dcase s wil l no t b e remove dfro mth e docke t unti l th e Judg e receive s th e prope r pleading(s) . Pleading s ma y b e forwarde db y fax , expres s mail , courie r o r posta l service . S O ORDERED . Richar dC . Good'^r-1 ^ U.S . Administrativ e La w Judg e Attachmen t

- Servic e Lis t

' Thi s i s abifurcatedhearing . Responden t i s excusedfromattending the session s i n Gardena , CA . Responden

t wil l b e give n the opportunit

y to presen

t ora l testimon y a t ahearing i

n Pocatell o or

Boise , ID . depending o

n the availabilit

y o f cour t facilitie s pursuan

t to ou r Amende dProcedura

l Order . Ou

r Amende d Orde r o n Venue , servedMa

y 5,2010 , remain s i

n effect .FA A Docke t No . CP10WP000 2 (Civi l Penalty Action ) SERVIC ELIS T ORIGINA L& ON ECOP Y Federal Aviatio n Administratio n 80 0 Independenc e Avenue , S.W . Washmgton , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-43 0 Wilbu r Wrigh t Buildin g - Suit e 2W1000 '

ON ECOP Y Eri c A . Seitz , Respondent' s Attorne y 82 0 Mililan i Street , Suit e 71 4 Honolulu , H I 9681 3 TEL : 808-533-743 4 Christophe r

I . Merrill , Complainant' s Counse l Offic e o f th e Regiona l Counse l Western-Pacifi c Region , AWP- 7 Federal Aviatio n Administratio n P.O . Bo x 9200 7 Lo s Angeles , C A 90009-200 7 TEL : 310-725-710 5 FAX : 310-725-681 6 Th e Honorabl e Richar dC . Goodwin , Administrativ e Law Judg e Offic e o f Hearings , M-2 0 U.S . Departmen t

o f Transportatio n 120 0 Ne w Jerse y Avenue , S.E . Eas t Buildin g Groun dFloor , Roo mEl2-32 0 Washington , D C 2059 0 TEL : Attorney-Adviso r

202-366-213 9 Legal Assistan t

202-366-512 1 FAX : 202-366-753 6

' Servic e wa s b y U.S . Mail . Fo

r servic e i n perso n o r b y expedite dcourier , us e th e followin g address : Hearin g Docket , Federa l Aviatio n Administration, 60

0 Independenc

e Avenue, S.W. , Wilbti

r Wrigh t Building

- Roo

m 2014 , Washington

, D C 20591 , Attention : Hearin

g Docke t Clerk , AGC-430.
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-22-00094-CV

IN RE JAMES FLOYD, Relator §

§

§

§

§

Original Proceeding

396th District Court of Tarrant County, Texas

Trial Court No. 1494376

March 25, 2022

Memorandum Opinion by Justice Bassel

JUDGMENT

This court has considered relator’s petition for writ of prohibition and the real 

party in interest’s response and holds that the petition should be conditionally 

granted. Accordingly, we (1) conditionally grant Relator James Floyd’s writ of

prohibition, (2) vacate our previous stay order, and (3) direct the trial court to refrain 

from conducting any further proceedings or taking any further action in trial court 

cause number 1494376 until the appeal in appellate court cause number 02-22-00004-

CR is concluded by issuance of mandate by this court. The writ of prohibition will 

issue only if the trial court fails to act in accordance with this opinion.
SECOND DISTRICT COURT OF APPEALS

By _/s/ Dabney Bassel___________________

 Justice Dabney Bassel
**Exhibit 31.1**

 

CERTIFICATION

 

 

I, Theodore R. Maloney,Chief Executive Officer of MediCor Ltd. (the “Registrant”), certify that:

 

1.             I have reviewed this Quarterly Report on Form10-QSB of the Registrant;

 

2.             Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.             Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the Registrant as of, and for, the periods presented in thisreport;

 

4.             The Registrant’s other certifying officersand I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theRegistrant and have:

 

(a)     Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theRegistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

(b)     Evaluated the effectiveness of the Registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

(c)     Disclosed in this report any change in theRegistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the Registrant’s fourth fiscal quarterin the case of this annual report) that has materially affected, or is likelyto materially affect, the Registrant’s internal control over financialreporting; and

 

5.             The Registrant’s other certifying officersand I have disclosed, based on our most recent evaluation of internal controlover financial reporting, to the Registrant’s auditors and the audit committeeof Registrant’s board of directors (or persons performingthe equivalent functions):

 

(a)     All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the Registrant’sability to record, process, summarize and report financial information; and

 

(b)     Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theRegistrant’s internal control over financial reporting.

 

 
| Dated:  May 16, 2005           |
|--------------------------------|
|                           |
| /s/  Theodore R. Maloney       |   |
| Theodore  R. Maloney,          |
| Chief  Executive Officer       |
| (Principal  Executive Officer) |

 

----
<PAGE>   1





                       SECURITIES AND EXCHANGE COMMISSION

                             Washington, D.C. 20549

                                   FORM 8-K/A

                                 CURRENT REPORT

     PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

       Date of Report (Date of earliest event reported): August 29, 1996

                         Commission file number 0-26980

                           ARV ASSISTED LIVING, INC.
             (Exact name of Registrant as specified in its charter)


                CALIFORNIA                                  33-0160968
      (STATE OR OTHER JURISDICTION OF                    (I.R.S. EMPLOYER
      INCORPORATION OR ORGANIZATION)                    IDENTIFICATION NO.)

         245 FISCHER AVENUE, D-1
              COSTA MESA, CA                                   92626
  (ADDRESS OF PRINCIPAL EXECUTIVE OFFICE)                   (ZIP CODE)



       REGISTRANT'S TELEPHONE NUMBER, INCLUDING AREA CODE: (714) 751-7400
<PAGE>   2

Item 7.   Financial Statements and Exhibits

The Registrant submits this Form 8-K/A in order to supply the financial
statements and schedules required pursuant to Rule 3-05 of Regulation S-X with
respect to the Registrant's acquisitions of Northgate Park ("Northgate"),  an
Ohio limited partnership and 50.8% of the limited partnership units of American
Retirement Villas Properties II ("ARVP II"), and to provide the audited
financial statements of Northgate and ARVP II required thereby.  This
information should be read in conjunction with the Registrant's Forms 8-K filed
with the Commission on August 29, 1996 and August 23, 1996, respectively.



Financial Statements of  Real Estate Operations Acquired

Exhibit 99.1   "Historical Summary of Gross Income and Direct Operating
        Expenses of Northgate Park for the year ended December 31, 1995.

Exhibit 99.2   A statement showing the estimated taxable operating results for
        Northgate based on its most recent 12-month period.

Exhibit 99.3   "Unaudited Pro Forma Combined Balance Sheet of ARV Assisted
        Living, Inc. as of June 30, 1996, the Unaudited Pro Forma
        Combined Statement of Operations for the Three Months Ended June
        30, 1996 and the Unaudited Pro Forma Combined Statement of
        Operations for the year ended March 31, 1996 and the related
        notes thereon."
<PAGE>   3



Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.

ARV Assisted Living, Inc.


By:       /s/ Patrick M. Donovan
         -----------------------------
              Patrick M. Donovan
              Vice President, Finance
              (Duly authorized officer)

Date: October 29, 1996
Exhibit 31.1**CERTIFICATIONS**I, Gerald T. Mulligan, certify that:1. I have reviewed this Form 10-Q of LSB Corporation; 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 this report; 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)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiary, is madeknown to us by others within those entities, particularly during the period in whichthis report is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusion about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and,  c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarterthat has materially affected, or is reasonably likely to materially affect, theregistrant’s internal 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 operationof internal controls over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting,Date: May 11, 2007                                                             /s/ Gerald T. Mulligan   Gerald T. Mulligan   President andChief Executive Officer
##### 



Exhibit 99.1
 
 Skilled Healthcare Announces Management Changes
Dev Ghose Appointed Executive Vice President and Chief Financial Officer Upon John
Kings Departure in March 2008




---



##### 



About Skilled Healthcare Group, Inc.
  Forward-Looking Statements
 This release includes forward-looking statements. You can identify these statements by the fact
that they do not relate strictly to historical or current facts. These statements include the
statements made by Mr. Hendrickson and other statements that contain words such as may, will,
project, might, expect, believe, anticipate, intend, could, would, estimate,
continue or pursue, or the negative or other variations thereof or comparable terminology. In
particular, they include statements relating to, among other things, future actions of Skilled
Healthcare Group, Inc and the transitional period of Mr. Kings employment. These forward-looking
statements are based on current expectations and projections about future events.
 Investors are cautioned that forward-looking statements are not guarantees of future performance or
results and involve risks and uncertainties that cannot be predicted or quantified and,
consequently, the actual performance of Skilled Healthcare Group, Inc. may differ materially from
those expressed or implied by such forward-looking statements. Such risks and uncertainties
include, but are not limited to, the factors described in Skilled Healthcare Group, Inc.s
Registration Statement on Form S-1 filed with the Securities and Exchange Commission (including the
sections entitled Risk Factors and Managements Discussion and Analysis of Financial Condition
and Results of Operations contained therein).
 Any forward-looking statements are made only as of the date of this release. Skilled Healthcare
Group Inc. disclaims any obligation to update the forward-looking statements. You are cautioned not
to place undue reliance on these forward-looking statements.
 CONTACT:
Exhibit
      32.3








Certification
      of Senior Vice President, Secretary and Treasurer








**CERTIFICATION
      PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**


**(18
      U.S.C. SECTION 1350)**








In
      connection with the Annual Report of Century Casinos, Inc. (the “Company”) on
      Form 10-K for the period ended December 31, 2005 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), the undersigned
      certifies pursuant to 18 U.S.C. 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, as amended;
                and





(2)
            The
                information contained in the Report fairly presents, in all material
                aspects, the financial condition and results of operations of the
                Company.













Date:
      March 8, 2006








/s/
      Larry Hannappel


Larry
      Hannappel


Senior
      Vice-President, Secretary and Treasurer
## State of N ew York Su p reme Cou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: September 25, 2014 105733

________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER ANTHONY M. BURKHART JR., Appellant.

________________________________ Calendar Date: August 4, 2014 Before: Lahtinen, J.P., McCarthy, Egan Jr., Devine and Clark, JJ.

__________ Dean C. Schneller, Plattsburgh, for appellant, and appellant pro se. Andrew J. Wylie, District Attorney, Plattsburgh (Nicholas J. Evanovich of counsel), for respondent.

__________ Appeal from a judgment of the Supreme Court (Lawliss, J.), rendered February 4, 2013 in Clinton County, which revoked defendant's probation and imposed a sentence of imprisonment. Defendant was convicted in October 2012 of criminal possession of a weapon in the third degree and rape in the third degree and was sentenced to lengthy terms of probation for both crimes. He was charged with violating the terms of his probation in November 2012 by failing to notify his probation officer that he had been ordered to move out of his approved residence and that he had been in contact with the police, by using the Internet to view pornography, and by failing to participate in substance abuse treatment. Defendant admitted to the violations, after which Supreme Court revoked his probation and resentenced-2- 105733

him to an aggregate prison term of six years, to be followed by postrelease supervision of 10 years (see Penal Law § 70.30 [1] [d]). He now appeals, contending solely that the sentence imposed was harsh and excessive. We disagree and affirm. Defendant's conviction arose from an incident wherein he forced himself upon a woman and then, brandishing a box cutter, prevented her from leaving. Supreme Court noted in resentencing defendant that it had initially been willing to show leniency, notwithstanding the serious nature of his crimes, because of his extremely difficult upbringing, mental health challenges and substance abuse issues. Defendant's immediate disregard of the terms of his probation led Supreme Court to the conclusion, however, that a lengthy prison term was necessary in order to protect the general public. Under these circumstances, we discern neither an abuse of discretion by Supreme Court nor the existence of any extraordinary circumstances that would warrant a reduction of the resentence in the interest of justice (see People v Long, 47 AD3d 1130, 1130 [2008]; People v Gurrola, 43 AD3d 1230, 1231 [2007]). Lahtinen, J.P., McCarthy, Egan Jr., Devine and Clark, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court