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Exhibit 10.33  


 
 

SUMMARY OF COMPENSATION ARRANGEMENT
  WITH STEPHEN J. HOFFMAN    
    


        The following description of certain compensation arrangements between Allos Therapeutics, Inc. (the
"Company") and Stephen J. Hoffman, the Company's Chairman of the Board of Directors, is provided pursuant to Paragraph 10(iii) to Item 601
of Regulation S-K, which requires a written description of any compensatory plan or arrangement between a registrant and any of its directors when the compensation information is
not set forth in any formal document. 


        On
February 17, 2006,in recognition of the duties and responsibilities undertaken by Dr. Hoffman in connection with the Board of Directors' identification, evaluation and
recruitment of a suitable candidate to succeed Michael E. Hart as the Company's President and Chief Executive Officer, and the substantial time commitment and efforts required of Dr. Hoffman's
role, the Company's Board of Directors granted Dr. Hoffman options to purchase 20,000 shares of common stock effective February 17, 2006 (the "Initial
Grant") and agreed to grant Dr. Hoffman additional options to purchase 5,000 shares of common stock on the 1st day of each month, commencing
March 1, 2006, until such time as Mr. Hart's successor has been duly appointed (each, a "Subsequent Grant"). The Initial Grant has an
exercise price of $3.32 per share, which represents the closing sale price of a share of the Company's common stock on the date of grant (as reported by the Nasdaq National Market), and each
Subsequent Grant will have an exercise price equal to the closing sale price of a share of the Company's common stock on the date of grant (as reported by the Nasdaq National Market). All such options
will: 



	•
	be
nonqualified stock options granted under the Company's 2000 Stock Incentive Compensation Plan;



	•
	vest
in full on the one-year anniversary of the date of grant;



	•
	have
a ten-year term; and



	•
	be
granted pursuant to the terms of the Company's standard form of stock option agreement for non-employee directors, as approved by the Board on
February 17, 2006. 
















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SUMMARY OF COMPENSATION ARRANGEMENT WITH STEPHEN J. HOFFMAN
ISAAC J. HARVIS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D14-2303

_____________________________/

Opinion filed September 5, 2014.

An appeal from the Circuit Court for Bay County.

Elijah Smiley, Judge.

Isaac J. Harvis, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

PADOVANO, THOMAS, and CLARK, JJ., CONCUR.
**Exhibit 31.1**
 
 I, R. David Russell, certify that:
  1.  I have reviewed this quarterly report on Form 10-Q of Apollo Gold Corporation;
  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 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;
  5.  The registrant's other certifying officers 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: November 15, 2004

/s/ R. David RussellR. David Russell, Chief Executive Officer
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.                  

###### General Services Administration

# AGENCY:

General Services Administration.

# ACTION:

Notice.

# SUMMARY:

Because of low usage the Department of Treasury is cancelling the following Standard Form:

SF 210, Signature/Designation Card for Certifying Officer.

# DATES:

                        Effective upon publication in the                         **Federal Register.**

# FOR FURTHER INFORMATION CONTACT:

Ms. Barbara Williams, General Services Administration, (202) 501-0581.

Dated: September 26, 2000.

Barbara M. Williams,

Deputy Standard and Optional Forms Management Officer.

[FR Doc. 00-27652 Filed 10-26-00; 8:45 am]

BILLING CODE 6820-34-M
**Exhibit32.2**

 

CERTIFICATION PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

I, Christopher J. Willi, hereby certify, pursuant to 18 U.S.C. (s)1350,as adopted pursuant to (s)906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The accompanying annual report on Form 10-K for the fiscal year endedJuly 31, 2004 fully complies with the requirements of Section 13(a)or Section 15(d) of the Securities Exchange Act of 1934, as amended; and

 

(2) The information contained in such report fairly presents, in allmaterial respects, the financial condition and result of operations of SherwoodBrands, Inc. 

 
| Date: October 28, 2004 |   |
|-----------------------------|--------|
|                        |   |
|                        |   |
| /s/  CHRISTOPHER J. WILLI   |   |
| Christopher  J. Willi       |   |
| Chief  Financial Officer    |   |

 

----
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3366 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3366

 To provide for the release of the property interests retained by the 
 United States in certain land conveyed in 1954 by the United States, 
 acting through the Director of the Bureau of Land Management, to the 
  State of Oregon for the establishment of the Hermiston Agricultural 
Research and Extension Center of Oregon State University in Hermiston, 
                                Oregon.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 29, 2013

  Mr. Walden introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To provide for the release of the property interests retained by the 
 United States in certain land conveyed in 1954 by the United States, 
 acting through the Director of the Bureau of Land Management, to the 
  State of Oregon for the establishment of the Hermiston Agricultural 
Research and Extension Center of Oregon State University in Hermiston, 
                                Oregon.

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

SECTION 1. RELEASE OF RETAINED INTERESTS IN BUREAU OF LAND MANAGEMENT 
              LAND CONVEYED TO THE STATE OF OREGON FOR ESTABLISHMENT OF 
              HERMISTON AGRICULTURAL RESEARCH AND EXTENSION CENTER.

    (a) Release of Retained Interests.--Any reservation or reversionary 
interest retained by the United States in connection with the 
conveyance pursuant to the first and second sections of the Act of 
September 23, 1950 (chapter 1005; 64 Stat. 981) of certain land by the 
United States to the State of Oregon for the establishment of the 
Hermiston Agricultural Research and Extension Center of Oregon State 
University in Hermiston, Oregon, is hereby released without 
consideration.
    (b) Instrument of Release.--The Secretary of the Interior, acting 
through the Director of the Bureau of Land Management, shall execute 
and file in the appropriate office a deed of release, amended deed, or 
other appropriate instrument reflecting the release of retained 
interests under subsection (a).
                                 <all>
```
**EXHIBIT 32.2**

 

**CERTIFICATION**

CERTIFICATION PURSUANT TO 18 U.S.C. Section 1350 (ADOPTED PURSUANT TO SECTION906 OF THE SARBANES-OXLEY ACT OF 2002)

            In connection with the quarterly report of PC Mall, Inc., a Delawarecorporation, and its wholly owned subsidiaries (collectively, the "Company") onForm 10-Q for the fiscal quarter ended September 30, 2003 as filed with the Securities and Exchange Commission (the"Report"), I, Ted Sanders, Chief Financial Officer of the Company, herebycertify as of the date hereof, solely for purposes of Title 18, Chapter 63,Section 1350 of the United States Code, that to the best of my knowledge:

                   (1)  the Report fullycomplies with the requirements of Section 13(a) or 15(d), as applicable, of theSecurities Exchange Act of 1934, and 

                   (2)  the informationcontained in the Report fairly presents, in all material respects, the financialcondition and results of operations of the Company at the dates and for theperiods indicated.  

              A signed original of thiswritten statement required by Section 906 has been provided to the Company andwill be retained by the Company and furnished to the Securities and ExchangeCommission or its staff upon request.

              This Certification has notbeen, and shall not be deemed, "filed" with the Securities and ExchangeCommission.
Observers Sign In Sheet 

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### Observers Sign In SheetObservers Sign In SheetObservers Sign In Sheet 

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# 'I **___;::::..._-1-1--1--~--------------**Observers Sign In Sheet



# A~rrt--l 

# I EPA.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3480 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3480

    To prohibit entities from using Federal funds to contribute to 
       political campaigns or participate in lobbying activities.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 2013

 Ms. Tsongas introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on House 
   Administration, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
    To prohibit entities from using Federal funds to contribute to 
       political campaigns or participate in lobbying activities.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Taxpayer Money for Corporate 
Campaigns Act of 2013''.

SEC. 2. PROHIBITION ON THE USE OF FEDERAL FUNDS FOR CAMPAIGN AND 
              LOBBYING ACTIVITIES.

    (a) Prohibition.--With respect to Federal funds received by an 
entity, other than a natural person, it shall be unlawful for such 
entity to--
            (1) use such funds to advocate the election or defeat of a 
        political candidate;
            (2) use such funds for voter registration activities or 
        get-out-the-vote activities;
            (3) use such funds to engage in any lobbying activity; or
            (4) donate such funds to any entity that advocates for the 
        election or defeat of a political candidate or engages in 
        lobbying activities.
    (b) Exception for Activities Authorized by Law.--Subsection (a) 
does not apply to the use of funds by an entity for an activity 
specifically authorized by Federal law, rule, or regulation.
                                 <all>
```
<TABLE> <S> <C>



<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                              69
<SECURITIES>                                         0
<RECEIVABLES>                                        5
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                    82
<PP&E>                                              75
<DEPRECIATION>                                      72
<TOTAL-ASSETS>                                      85
<CURRENT-LIABILITIES>                               50
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                        35
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-BASIC>                                     (0.00)
<EPS-DILUTED>                                   (0.00)


</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-1813

BROTHERS OF THE WHEEL M.C. EXECUTIVE COUNCIL, INC., a West 

Virginia Corporation,

Plaintiff - Appellant,

v.

GERALD R. MOLLOHAN,

Defendant - Appellee,

and

JOHN DOES 1-50,

Defendant.

No. 14-1815

BROTHERS OF THE WHEEL M.C. EXECUTIVE COUNCIL, INC., a West 

Virginia Corporation,

Plaintiff - Appellee,

v.

GERALD R. MOLLOHAN,

Defendant - Appellant,

and

JOHN DOES 1-50,

Defendant.
2

Appeals from the United States District Court for the Southern 

District of West Virginia, at Charleston. Thomas E. Johnston, 

District Judge. (2:11-cv-00104)

Submitted: April 24, 2015 Decided: July 2, 2015

Before SHEDD, Circuit Judge, and HAMILTON and DAVIS, Senior 

Circuit Judges.

Affirmed by unpublished per curiam opinion.

Richard J. Lindroth, South Charleston, West Virginia, for 

Appellant/Cross-Appellee. Gerald R. Mollohan, Appellee/CrossAppellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
3

PER CURIAM:

In these consolidated cross-appeals, Plaintiff Brothers of 

the Wheel M.C. Executive Council, Inc. and Defendant Gerald R. 

Mollohan appeal the district court’s final judgment order in 

this trademark infringement case. On appeal, the parties raise 

numerous assignments of error. Having carefully reviewed the 

briefs, the record, and the relevant law, we conclude that each 

assignment of error is without merit. Accordingly, we affirm 

for the reasons stated by the district court. See Brothers of 

the Wheel M.C. Exec. Council, Inc. v. Mollohan, No. 2:11-cv00104 (S.D. W. Va. Feb. 19, 2014; Feb. 14, 2014; June 25, 2013; 

June 6, 2013; Nov. 14, 2012). We dispense with oral argument 

because the facts and legal contentions are adequately presented 

in the materials before this court and argument would not aid 

the decisional process.

AFFIRMED
I 

113TH CONGRESS 

1ST SESSION H. R. 346 

To amend title I of the Patient Protection and Affordable Care Act to 

ensure that the coverage offered under multi-State qualified health plans 

offered in Exchanges is consistent with the Federal abortion funding 

ban. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 22, 2013 

Mr. NUNNELEE introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend title I of the Patient Protection and Affordable 

Care Act to ensure that the coverage offered under 

multi-State qualified health plans offered in Exchanges 

is consistent with the Federal abortion funding ban. 

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 ‘‘Stop Abortion Funding 

5 in Multi-state Exchange Plans Act’’ or ‘‘SAFE Act’’. 


smartinez on DSK6TPTVN1PROD with 
2 

•HR 346 IH

1 SEC. 2. CONSISTENCY WITH FEDERAL ABORTION FUNDING 

2 BAN FOR COVERAGE UNDER MULTI-STATE 

3 PLANS IN EXCHANGES. 

4 (a) IN GENERAL.—Paragraph (6) of section 1334(a) 

5 of the Patient protection and Affordable Care Act (42 

6 U.S.C. 18054(a)(6)) is amended to read as follows: 

7 ‘‘(6) CONSISTENCY WITH FEDERAL ABORTION

8 FUNDING BAN.— 

9 ‘‘(A) IN GENERAL.—In entering into con10 tracts under this subsection, the Director shall 

11 ensure that no multi-State qualified health plan 

12 offered in an Exchange provides coverage of 

13 abortion. 

14 ‘‘(B) EXCEPTION.—The limitation estab15 lished in subparagraph (A) shall not apply to 

16 an abortion— 

17 ‘‘(i) if the pregnancy is the result of 

18 an act of rape or incest; or 

19 ‘‘(ii) in a case where a woman suffers 

20 from a physical disorder, physical injury, 

21 or physical illness that would, as certified 

22 by a physician, place the woman in danger 

23 of death unless an abortion is performed, 

24 including a life-endangering physical condi25 tion caused by or arising from the preg26 nancy itself.’’. 


smartinez on DSK6TPTVN1PROD with 
3 

•HR 346 IH

1 (b) PREEMPTION.—Section 1303(c) of the Patient 

2 Protection and Affordable Care Act (42 U.S.C. 18023(c)) 

3 is amended— 

4 (1) in paragraph (1), by striking ‘‘Nothing in 

5 this Act’’ and inserting ‘‘Subject to paragraph (4), 

6 nothing in this Act’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(4) APPLICATION OF LIMITATION FOR MULTI9 STATE PLANS.—Paragraph (6) of section 1334(a) 

10 shall preempt any State law requiring coverage of or 

11 funding for abortions with respect to the application 

12 of such law to multi-State health plans.’’. 

Æ 


smartinez on DSK6TPTVN1PROD with
<PAGE>   1


                                                                   Exhibit 3.2

                            LEXFORD RESIDENTIAL TRUST

                              ARTICLES OF AMENDMENT



         Lexford Residential Trust, a Maryland real estate investment trust (the
"Trust"), hereby certifies to the State Department of Assessments and Taxation
of Maryland that:

         FIRST: The Declaration of Trust of the Trust is hereby amended by
striking out "Section 6.1 (G). Remedies Not Limited" and inserting in lieu
thereof the following:

         G. REMEDIES NOT LIMITED. Subject to Section 6.6, nothing contained in
this Article VI shall limit the authority of the Board of Trustees to take such
other action as it deems necessary or advisable to protect the Trust and the
interests of its Shareholders by preservation of the Trust's status as a REIT."

         SECOND: The amendment to the Declaration of the Trust of the Trust as
hereinabove set forth has been duly advised by the board of trustees and
approved by the sole shareholder of the Trust.

         IN WITNESS WHEREOF: Lexford Residential Trust, has caused these
Articles of Amendment to be signed in its name and on its behalf by its
Executive Vice President and attested by its Secretary on January 30, 1998.

         THE UNDERSIGNED, Executive Vice President of Lexford Residential Trust,
who executed on behalf of said Trust the foregoing Articles of Amendment of
which this certificate is made a part, hereby acknowledges, in the name and on
behalf of said Trust, the foregoing Articles of Amendment to be the act of said
Trust and further certifies that, to the best of his knowledge, information, and
belief, the matters and facts set forth therein with respect to the approval
thereof are true in all material respects, under the penalties of perjury.


ATTEST:                                     LEXFORD RESIDENTIAL TRUST:


/s/ Bradley A. Van Auken                    /s/ Mark D. Thompson
---------------------------                 -----------------------------
Bradley A. Van Auken                        Mark D. Thompson
Senior Vice President,                      Executive Vice President
General Counsel & Secretary