alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.22

First Amendment to Employment Agreement between Marshall C. Turner and  DuPont Photomasks, Inc., effective as of June 24, 2004

This First Amendment to Employment Agreement (this "Amendment") is between Marshall C. Turner, an individual ("Executive") and DuPont Photomasks, Inc.
("DPI") and is effective as of June 24, 2004.

BACKGROUND



AMENDMENT

In consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Executive and DPI agree
as follows:

1.Definitions.Capitalized terms used in this Amendment and not otherwise defined in this Amendment shall have
the meanings set forth in the Agreement.

2.Other Expenses.Section 1.4.6 of the Agreement is hereby amended and restated to read in its entirety
as follows:



119

---



3.Continued Effectiveness of Section 1.4.6.The provisions of Section 1.4.6 of the Agreement
(without giving effect to this Amendment) shall govern the reimbursement of Executive's Temporary Living Expenses through and including June 30, 2004.

4.Successors and Assigns.The provisions of Section 4.8 of the Agreement are hereby amended and restated
to read in their entirety as follows:



5.Miscellaneous.The provisions of this Amendment supersede all provisions of the Agreement that are
inconsistent with the provisions of this Amendment. The Agreement, as modified by this Amendment, constitutes the entire agreement of Executive and DPI with respect to the subject matter of the
Agreement, and supersedes any prior agreements or understandings of Executive and DPI with respect thereto. This Amendment may be executed in several counterparts, all of which taken together shall
constitute a single agreement between the Parties.

In
witness whereof, the Parties have caused this Amendment to be executed by their duly authorized representatives, who by their signatures represent that they are so authorized, to be effective as of
the date written in the first paragraph above.

|DUPONT PHOTOMASKS, INC.                        |  | MARSHALL C. TURNER    
|---------------------------------------------- |  | ----------------------
|/s/ Susan V. Sam,Chair, Compensation Committee |  | /s/ Marshall C. Turner
|Date: August 24, 2004                          |  | Date: August 24, 2004 

120

---



QuickLinks
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<FN>
Included in other expenses are minority interest expense and gain/(loss) on
exchange of self-storage facilities
</FN>

</TABLE>
II

104TH CONGRESS

2D SESSION S. 2041

To amend the Marine Protection, Research, and Sanctuaries Act of 1972

with respect to the dumping of dredged material in Long Island Sound,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 1996

Mr. D’AMATO (for himself, Mr. MOYNIHAN, and Mr. FAIRCLOTH) introduced

the following bill; which was read twice and referred to the Committee

on Environment and Public Works

A BILL

To amend the Marine Protection, Research, and Sanctuaries

Act of 1972 with respect to the dumping of dredged

material in Long Island Sound, 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 ‘‘Long Island Sound

5 Preservation and Protection Act of 1996’’.
2

•S 2041 IS

1 SEC. 2. DUMPING OF DREDGED MATERIALS IN LONG

2 ISLAND SOUND.

3 Section 106(f) of the Marine Protection, Research,

4 and Sanctuaries Act of 1972 (33 U.S.C. 1416(f)) is

5 amended to read as follows:

6 ‘‘(f) DUMPING OF DREDGED MATERIAL IN LONG IS7 LAND SOUND.—

8 ‘‘(1) IN GENERAL.—No dredged material from

9 any Federal or non-Federal project that contains

10 any of the constituents prohibited as other than

11 trace contaminants (as defined by the Federal ocean

12 dumping criteria stated in section 227.6 of title 40,

13 Code of Federal Regulations) may be dumped in

14 Long Island Sound or Block Island Sound except in

15 a case in which it is demonstrated to the Adminis16 trator, and the Administrator certifies by publication

17 in the Federal Register, that the dumping of the

18 dredged material containing the constituents will not

19 cause significant undesirable effects, including the

20 threat associated with bioaccumulation of such con21 stituents in marine organisms.

22 ‘‘(2) FEDERAL PROJECTS EXCEEDING 25,000

23 YARDS.—In addition to other provisions of law and

24 notwithstanding the specific exclusion relating to

25 dredged material of the first sentence in section

26 102(a), any dumping of dredged material in Long
3

•S 2041 IS

1 Island Sound from a Federal project (or pursuant to

2 Federal authorization) by a non-Federal applicant in

3 a quantity exceeding 25,000 cubic yards shall com4 ply with the criteria established under the second

5 sentence of section 102(a) relating to the effects of

6 dumping.

7 ‘‘(3) RELATION TO OTHER LAW.—Subsection

8 (d) shall not apply to this subsection.’’.

Æ
#### Irma Jean PEREZ, Plaintiff-Appellant, v. Wayne A. SIMMONS, James Nalls, Thomas Miller, Marks Meske, and City of Santa Barbara, Defendants-Appellees.

No. 86-6663.

United States Court of Appeals, Ninth Circuit.

Aug. 2, 1993.

Before HUG, ALARCON, and KOZINSKI, Circuit Judges.

*776The opinion filed in this case on August 31, 1989, *Perez v. Simmons,*884 F.2d 1136 (9th Cir.1989), was amended by an order filed April 18, 1990, *Perez v. Simmons,*900 F.2d 213 (9th Cir.1990). A typographical error in that order may lead to confusion as to the sentence to be changed on page 1142 of the original opinion.

Therefore, the order is corrected to read:

> Following a petition for rehearing filed by the Government, the opinion in this case, filed August 31, 1989, *Perez v. Simmons,*884 F.2d 1136 (9th Cir.1989), is amended as follows:

> Page 1140, first paragraph in the second column. The' last sentence should be modified to read:

> ' “However, if the officers did not have reasonable grounds for believing that Albert resided in the apartment, the search was illegal under *Steagald [v. United States,*451 U.S. 204, 68 L.Ed.2d 38 (1981) ].”

Page 1142, first paragraph in the first column’. The second sentence in the first paragraph, commencing with the word “Unless,” should be modified to read:

“Unless a jury finds that the officers had reasonable grounds for believing that Albert was a co-resident of the apartment, and for believing that Albert was in the apartment at the time, *see Payton [v. New York],*445 *U.S.*[573] at 603, *100 S.Ct.*[1371] at 1388 [63 L.Ed.2d 639 (1980) ], the search was in violation of Irma Perez’s constitutional rights.”
Exhibit 32.2

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

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, the Acting Principal Financial Officer of Gladstone Capital Corporation (the Company), hereby certifies on the date hereof,
pursuant to 18 U.S.C. §1350(a), as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q for the quarter ended March 31, 2018 (Form 10-Q), filed concurrently herewith by the Company, 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-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: May 2, 2018



|                                  
|----------------------------------
|/s/ Julia Ryan                    
|Julia Ryan                        
|Acting Principal Financial Officer
#### Maggie DAWKINS et al., Petitioners, v. A. P. VAN WINKLE, Respondent.

No. A-10020.

Supreme Court of Texas.

April 1, 1964.

John D. Dashiell, Buffalo, Baker, Jordan, Shaw & Foreman, Dallas, for petitioners.

Ñaman, Howell, Smith & Chase, Waco, for respondent.

PER CURIAM.

On January 23, 1964, the Court of Civil Appeals affirmed the judgment of the trial court in this cause. Tex.Civ.App., 375 S.W. 2d 341. Petitioners did not file a motion for rehearing in the Court of Civil Appeals.

Rule 468, Texas Rules of Civil Procedure, provides that the application for writ of error shall be filed within 30 days after the overruling of a motion for rehearing in the Court of Civil Appeals. Rule 469(c), Texas Rules of Civil Procedure, provides that the points of error to be relied upon in this court *shall*be assigned as error in the motion for rehearing in the Court of Civil Appeals.

This Court has interpreted the above rules as requiring the overruling of a motion for rehearing in the Court of Civil Appeals prior to the filing of an application for writ of error. Where this prerequisite has not been met, this Court has no jurisdiction. See State Board of Morticians v. Cortez, 157 Tex. 649, 308 S.W.2d 12; East Texas Motor Freight v. Loftis, 148 Tex. 242, 223 S.W.2d 613.

The application for writ of error is dismissed for want of jurisdiction.
ex10-25.htm


Exhibit 10.25

 

FIRST AMENDMENT TO

MOCON INC. 2015 EMPLOYEE STOCK PURCHASE PLAN

 

WHEREAS, MOCON, Inc. (the “Company”) maintains and operates the MOCON, Inc. 2015 Employee Stock Purchase Plan (the “Plan”); and

 

WHEREAS, the Company desires to amend the Plan to allow for issuance of fractional shares in order to lower the administrative costs of operating the Plan;

 

NOW, THEREFORE, pursuant to Section 7.5 of the Plan, the Plan be and it is hereby amended as follows:

 

1.     By inserting the phrase “and fractional” before the words “shares” in the first sentence of Section 4.3(a) such that the sentence now reads in its entirety as follows:

 

“On the applicable Exercise Date for an Offering, each Participant shall automatically and without any action on such Participant’s part be deemed to have exercised his or her Option to purchase at the applicable Option Price the largest number of whole and fractional shares of Common Stock which can be purchased with the amount in the Participant’s Plan Account, subject to Sections 4.1 and 5.3 hereof.”

 

2.     By inserting the phrase “and fractional” before the words “shares” in clause (ii) of Section 6.1(a) such that the clause now reads in its entirety as follows:

 

“(ii) exercise the Option for the maximum number of whole and fractional shares of Common Stock on the applicable Exercise Date with any remaining Plan Account balance returned to the Participant in one lump-sum payment in cash within thirty (30) days after such Exercise Date”

 

3.     By deleting the proviso in clause (iii) of Section 3.1(b) such that this clause now ends with “other Section 423 Option”.
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<INTEREST-EXPENSE>                             100,398
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kodk-ex1013_296.htm



Exhibit (10.13)

 

 

 

EASTMAN KODAK COMPANY

2013 OMNIBUS INCENTIVE PLAN

 

EXCEL RESTRICTED STOCK UNIT AWARD AGREEMENT

 

 


		
	
Name of Grantee:

 
	
<Participant Name>

	
Grant Date:

 
	
April 1, 2016

	
Number of RSUs:

 
	
<Number of RSUs>




 

Vesting Schedule:

 


		
	
Vesting Date
	
Percentage Vesting

	
 

April 1, 2016

 
	
 

100%




 

These Restricted Stock Units (RSUs) are being granted to you by Eastman Kodak Company (Kodak) in payment of your 2015 EXCEL award.  The RSUs are granted under the Eastman Kodak Company 2013 Omnibus Incentive Plan (the “Plan”), which is hereby incorporated by reference, and the RSUs are subject to all of the terms of the Plan.  You may not sell, assign, pledge, encumber or otherwise transfer the RSUs in any manner.

 

The RSUs are fully vested on the date of the grant, and will be paid to you within approximately 30 days thereafter.  You will not have the rights of a Kodak shareholder with respect to the shares issued to you in payment of your RSUs until the shares are actually issued and delivered to you.

 

The applicable income and employment taxes required to be withheld from you upon payment of the RSUs will be collected by Kodak or one of its subsidiaries, netting from the Kodak shares to be issued to you, a portion of such shares with a value of an aggregate amount equal to the minimum amount of taxes required to be withheld.

 

The RSUs (at the time of vesting or otherwise) will be includible as compensation for pension.

 

 By accepting the RSUs, the Grantee agrees to be subject to the terms and conditions of the Plan and this Award Agreement.

 

Page | 1
EXHIBIT 10.10(a)

EXPRESSJET HOLDINGS, INC.

1600 SMITH

HOUSTON, TX   77002

April 24, 2002

Dear Mr. Cromer:

	You currently have Flight Privileges pursuant to your employment agreement with ExpressJet Holdings, Inc. (the "Company"), to which Continental Airlines, Inc. ("Continental") is a party for certain purposes. Capitalized terms used in this letter agreement are used with the same meanings ascribed to them in your employment agreement. 

The last paragraph contained in Section 4.4 of your employment agreement is hereby amended to read in its entirety as follows:

"Flight Privileges are intended to be used solely for personal reasons and may not be used for business purposes (other than, with respect to Flight Privileges on the CO system, business purposes on behalf of the Company (during the term of the Capacity Purchase Agreement between the Company and Continental) or Continental, and with respect to Flight Privileges on the System (excluding the CO system), business purposes on behalf of Continental (during the term of such Capacity Purchase Agreement) or the Company). Accordingly, notwithstanding any provision herein to the contrary, credit availability on Executive's UATP card (or any Similar Card) may be suspended, and Executive's UATP card (or any Similar Card) may be revoked or cancelled, if Executive's UATP card (or any Similar Card) is used for business purposes (other than as described above) and, after receiving written notice from the Company (or Continental if such non-allowable usage is on Continental or any of its affiliates or any successor or successors thereto) to cease such usage, Executive again uses his UATP card (or any Similar Card) for any business purpose (other than as described above). The parties hereto agree that Continental's obligations regarding Flight Privileges are limited to each airline operated by Continental or any of its affiliates or any successor or successors thereto (the "CO system"), and that the Company's obligations regarding Flight Privileges extend to the System other than the CO system."

If you agree with the foregoing, please sign the enclosed copy of this letter agreement, whereby this letter agreement shall be a binding agreement among you, the Company and  Continental and shall amend your employment agreement accordingly.

Sincerely,

					

EXPRESSJET HOLDINGS, INC.				CONTINENTAL AIRLINES, INC.

 

By:_________________________				By:________________________

James B. Ream						Michael H. Campbell

President and Chief Executive Officer	Senior Vice President-Human

Resources and Labor

Agreed:								Relations

_____________________
**EXHIBIT 13.1**

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

**AS ENACTED PURSUANT TO**

**SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF2002**

In connection with the Annual Report of Guangshen Railway Company Limited, or the Company, on Form 20-F for the period endingDecember 31, 2016, as filed with the Securities and Exchange Commission on the date hereof, or the Report, the undersigned hereby certify that to the best of my knowledge: 

1. the Report fully complies with the requirements of Section 13(a) 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. 

Date: April 26, 2017 

 

A signed original of this written statement required by Section 906 has been provided to Guangshen RailwayCompany Limited and will be retained by Guangshen Railway Company Limited and furnished to the Securities and Exchange Commission or its staff upon request. 

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

**AS ENACTED PURSUANT TO**

**SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002**

In connection with the Annual Reportof Guangshen Railway Company Limited, or the Company, on Form 20-F for the period ending December 31, 2016, as filed with the Securities and Exchange Commission on the date hereof, or the Report, the undersigned hereby certify that to the bestof my knowledge: 

1. the Report fully complies with the requirements of Section 13(a) 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 ofthe Company. 

Date: April 26, 2017 

 

/s/ Hu Lingling
Hu LinglingGeneral Manager
A signed original of this written statement required by Section 906 has been provided to Guangshen RailwayCompany Limited and will be retained by Guangshen Railway Company Limited and furnished to the Securities and Exchange Commission or its staff upon request. 

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

**AS ENACTED PURSUANT TO**

**SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002**

In connection with the Annual Reportof Guangshen Railway Company Limited, or the Company, on Form 20-F for the period ending December 31, 2016, as filed with the Securities and Exchange Commission on the date hereof, or the Report, the undersigned hereby certify that to the bestof my knowledge: 

1. the Report fully complies with the requirements of Section 13(a) 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 ofthe Company. 

Date: April 26, 2017 

 

/s/ Tang Xiangdong
Tang XiangdongChief Accountant
A signed original of this written statement required by Section 906 has been provided to Guangshen RailwayCompany Limited and will be retained by Guangshen Railway Company Limited and furnished to the Securities and Exchange Commission or its staff upon request.