alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Form of Amendment to Non-Qualified Stock Option Grant- 2003 Stock Incentive Plan



 EXHIBIT 10.7 
 CHENIERE ENERGY, INC. 
 AMENDMENT TO NON-QUALIFIED STOCK OPTION GRANT 
 This Amendment is made and entered into effective as of
                    , 2008, by and between Cheniere Energy, Inc. (the “Company”) and
                                        
(the “Optionee”). 
 WHEREAS, the Optionee was previously granted a non-qualified stock option by the Company subject
to the terms and conditions of the Cheniere Energy, Inc. Amended and Restated 2003 Stock Incentive Plan, as amended (the “Plan”), and pursuant to the Non-Qualified Stock Option Grant dated
                    , 200    , (the “Agreement”), by and between the Company and the Optionee;

 WHEREAS, the Company and the Optionee desire to amend the Agreement to extend the Option Period for an additional five
(5) years as permitted by the Plan; 
 WHEREAS, Section 1.409A-1(b)(5)(v)(C) of the Final Section 409A Regulations
permit the extension of the exercise period of an option where, at the time of the extension, the fair market value of the underlying stock is less than or equal to the exercise price; 
 WHEREAS, Section 2.4 of the Plan provides that the Committee (as defined in the Plan) has the authority to amend an option at any time; and

 WHEREAS, pursuant to the Plan, any amendment of an outstanding option requires the consent of the optionee. 
 NOW, THEREFORE, in consideration of the mutual covenants and agreements contained therein, the parties hereto agree as follows: 
 1. Section II.E. of the Agreement is hereby amended, in its entirety, to read as follows: 
 “E. Option Period:
                    , 200     through
                    , 20     (until 12:00 p.m. central).” 
 2. Section III. of the Agreement is hereby amended, in its entirety, to read as follows: 
 “III. Option Period. The Option Period shall begin on the Grant Date and terminate on the
         day of                     , 20     (the “Option
Expiration Date”).” 
 3. Unless otherwise defined herein, all capitalized terms used in this Amendment shall have the same
meanings as set forth in the Agreement and the Plan. 
 4. Except as modified and amended in this Amendment, the Agreement shall remain in
full force and effect. 
 5. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument. 







 IN WITNESS WHEREOF, this Amendment is executed this ____ day of __________, 2008. 
  

			
	CHENIERE ENERGY, INC.
		
	By:	 	 
	Name:	 	 
	Title:	 	 
		
	Address:	 	 700 Milam Street, Suite 800
 Houston, Texas
77002



 Accepted and agreed this          day of
                    , 2008. 
  

			
	OPTIONEE
	
	 
	Name:	 	 
		
	Address:	 	 
		 	 
		 	 


  

 2
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.                  

###### Department of Agriculture

# AGENCY:

Forest Service, USDA. 

# ACTION:

 Notice of meeting.

# SUMMARY:

An Opal Creek Scenic Recreation Area Advisory Council meeting will convene in Stayton, Oregon on Monday, January 22, 2001. The meeting is scheduled to begin at 6 p.m., and will conclude at approximately 8:30 p.m. The meeting will be held in the South Room of the Stayton Community Center located on 400 West Virginia Street in Stayton, Oregon.

The Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996 (Opal Creek Act) (Pub. L. 104-208) directed the Secretary of Agriculture to establish the Opal Creek Scenic Recreation Area Advisory Council. The Advisory Council is comprised of thirteen members representing state, county and city governments, and representatives of various organizations, which include mining industry, environmental organizations, inholders in Opal Creek Scenic Recreation Area, economic development, Indian tribes, adjacent landowners and recreation interests. The council provides advice to the Secretary of Agriculture on preparation of a comprehensive Opal Creek Management Plan for the SRA, and consults on a periodic and regular basis on the management of the area. The tentative agenda will include refining issue statements and describing the desired future condition of the SRA. 

The public comment period is tentatively scheduled to begin at 8:00 p.m. Time allotted for individual presentations will be limited to 3 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits of the comment period. Written comments may be submitted prior to the January 22 meeting by sending them to Designated Federal Official Stephanie Phillips at the address given below.

# FOR FURTHER INFORMATION CONTACT:

 For more information regarding this meeting, contact Designated Federal Official Stephanie Phillips; Williamette National Forest, Detroit Ranger District, HC 73 Box 320, Mill City, OR 97360; (503) 854-3366.

Dated: December 4, 2000.

Darrel Kenops, 

Forest Supervisor.

[FR Doc. 00-31394  Filed 12-8-00; 8:45 am]

BILLING CODE 3410-11-M
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EXHIBIT 31.1

CERTIFICATION PURSUANT TO RULE 13a-14(a) OR RULE 15d-14(a)

I, David T. Hung, M.D., certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Medivation, Inc. (the Company);

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 Company as of, and for, the periods presented
in this report;

4. The Company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 Company 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 Company, 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 Company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 Companys internal control over financial reporting that occurred during the Companys most recent
fiscal quarter (the Companys fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the Companys internal control over financial reporting; and

5. The Companys other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the
Companys auditors and the audit committee of the Company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 Company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 Companys internal control over financial reporting.

Dated: May 14, 2007



|       |  |                                      
|------ |  | -------------------------------------
|       |  | /s/ David T. Hung, M.D.              
|Name:  |  | David T. Hung, M.D.                  
|Title: |  | President and Chief Executive Officer
<PAGE>
                                                                   Exhibit 10.14

                             SUBSCRIPTION AGREEMENT

     This Subscription Agreement, dated as of November 22, 2004, is between
Dresser-Rand Holdings, LLC, a Delaware limited liability company (the
"Company"), and the individual whose name appears on the signature page hereof
(the "Purchaser"). Capitalized terms used in this Agreement have the meaning
given in the Amended and Restated Limited Liability Company Agreement of the
Company, dated as of October 29, 2004 (the "LLC Agreement").

     The Company and the Purchaser hereby agree as follows:

     Section 1. Acquisition and Issuance of Units. On November 22, 2004 (the
"Closing"), the Purchaser shall make a Capital Contribution in the amount set
forth on the signature page hereof and the Purchaser shall acquire, and the
Company shall issue to the Purchaser, the number of Common Units set forth on
the signature page hereof (the "Common Units") and the number of Service Units
and Exit Units on the signature page hereof (together with the Common Units, the
"Units"), and the Managing Members shall amend Schedule A to reflect such
issuances. Upon issuance of the Units and delivery by the Purchaser of an
executed signature page to the LLC Agreement, the Purchaser shall be admitted as
a Management Member.

     Section 2. Purchaser's Acknowledgements and Representations. As of the date
hereof and again as of the Closing, the Purchaser makes and shall be deemed to
make, to and for the benefit of the Company, the acknowledgements,
representations and agreements provided for in the LLC Agreement.

                          [The signature page follows]
<PAGE>
     IN WITNESS WHEREOF, the Company and the Purchaser have executed this
Agreement as of the date first above written.

                                        DRESSER-RAND HOLDINGS, LLC


                                        By:
                                            ------------------------------------
                                            Name:
                                                  ------------------------------
                                            Title:
                                                   -----------------------------


                                        PURCHASER:


                                        ----------------------------------------
                                        ((Name))

                                        Address of the PURCHASER:

                                        ((Address))

Number of Common Units: ((Shares))

Total Capital Contribution: $((Share_Amount))

Number of Service Units:
Number of Exit Units Tranche A
Number of Exit Units Tranche B
Number of Exit Units Tranche C
Number of Exit Units Tranche D
Number of Exit Units Tranche E


                                        2
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#### GRAHAM v. STATE.

No. 16073.

Court of Criminal Appeals of Texas.

May 31, 1933.

Hughes & Monroe, of Dallas, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

HAWKINS, Judge.

Conviction is for robbery, punishment assessed being five years in the penitentiary.

The indictment charges the offense. The record is 'before this court without statement of facts or bills of exception. In such condition nothing is presented for review.

The judgment is affirmed.
#### BROWN v. STATE.

No. 16489.

Court of Criminal Appeals of Texas.

Feb. 28, 1934.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

KRUEGER, Judge.

The appellant was tried and convicted of selling intoxicating liquor, and his punishment assessed at confinement in the state penitentiary for a term of one year.

The testimony adduced upon the trial, briefly stated, is as follows: On the night of the 20th day of May, 1933,. Bill Hardy and R. W. Haynes were in the town of Lubbock-, Tex. During the time they were in the town they visited the pool hall together, and while there decided that they would like to have a drink of whisky. They saw the appellant out on the street and R. W. Haynes informed the appellant of his desire to buy some whisky. The appellant told Haynes that he had no whisky but thought that ¡he knew where they might get some, and walked away, but some time later came back and told them where he thought they could find whisky. He told them it was down at the ball park in the southeast corner of a little patch. They, the said Hardy and Haynes, went to that place and loohed for it and found one pint bottle in a Post Toasties box under a piece of tin. Haynes testified that he paid appellant $1 for the whisky, but Hardy testified that he did not see money paid nor did he pay a cent for the whisky which they found in the box under a piece of tin. The testimony further shows that the sheriff a few minutes later arrested Har* dy and Haynes and searched them apparently without any reason or probable cause and' took a pint bottle about two-thirds full of liquor from Mr. Haynes. The appellant testified in his own behalf, denying that Haynes paid him 7⁄81 or any other amount, and denied placing the whisky at the place where Haynes and Hardy testified they found it.

There are no bills of exception to the reception of testimony, no objection to the court’s charge, and not even a motion for new trial in the record. We have examined the indictment and it appears to be in due form, and the testimony, although weak, seems to be sufficient to sustain the verdict of the jury.

No error appearing in the record, the judg-' ment of the trial court is in all things affirmed. ''

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF BAYCORP HOLDINGS, LTD. FOR THE SIX MONTHS ENDED JUNE 30,
1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JAN-30-1998
<EXCHANGE-RATE>                                      1
<CASH>                                           7,391
<SECURITIES>                                     9,294
<RECEIVABLES>                                    1,176
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                24,812
<PP&E>                                         106,286
<DEPRECIATION>                                  11,417
<TOTAL-ASSETS>                                 140,206
<CURRENT-LIABILITIES>                            4,242
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            84
<OTHER-SE>                                      72,474
<TOTAL-LIABILITY-AND-EQUITY>                   141,206
<SALES>                                         14,881
<TOTAL-REVENUES>                                14,881
<CGS>                                           19,942
<TOTAL-COSTS>                                   19,942
<OTHER-EXPENSES>                                   779
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (5,840)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (5,840)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,840)
<EPS-PRIMARY>                                   (0.51)
<EPS-DILUTED>                                   (0.51)
        

</TABLE>
Exhibit 32.1

CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350

In
connection with the filing of the NeighborCare's Annual Report on Form 10-K for the fiscal year ended September 30, 2004 with the Securities and Exchange Commission on the
date hereof (the "Report"), I, John J. Arlotta, the Chief Executive Officer of NeighborCare, Inc, certify, pursuant to 18 U.S.C. Section. 1350 that:

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.

|      |                   |  |                                  
|----- | ----------------- |  | ---------------------------------
|Date: | December 10, 2004 |  | /s/JOHN J. ARLOTTAJohn J. Arlotta

---



QuickLinks
CERTIFICATIONS

                             Certificate 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 Phlo Corporation and Subsidiaries
(the "Company") the Company on Form 10-QSB for the quarter ended September 30,
2004 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, James B. Hovis, Chief Executive Officer, certify, pursuant to
18 U.S.C. 1350, as adopted pursuant to 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; 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: October 5, 2005





/s/ James B. Hovis
-------------------------------------------
James B. Hovis
Chief Executive Officer
Principal Financial Officer

































                                       13
#### The People of the State of New York, Respondent, v Israel Marrero, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered July 15, 1988, convicting him of criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence. The appeal brings up for review *639the denial (Jackson, J.), after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence and his statements to law enforcement authorities.

Ordered that the judgment is affirmed.

For the first time on appeal, the defendant complains that a police officer’s trial testimony was inconsistent in some respects with the officer’s hearing testimony and, because of the resulting prejudice, this court should reverse his conviction. It is well-settled, however, that a defendant must request a reopening of the suppression hearing to preserve such a claim for appellate review *(see,*CPL 470.05 [2]; *People v Kern,*149 AD2d 187, 219, *affd 75*NY2d 638, *cert denied —*US —, 111 S Ct 77; *People v Perez,*104 AD2d 454, 455-456; *People v Smith,*89 AD2d 881, 882). The defendant neglected to make such a request and, under the circumstances of this case, review is not warranted in the interest of justice.

Additionally, contrary to the defendant’s contention that the police officer’s testimony was either fabricated or tailored to nullify constitutional objections, we hold that the hearing court properly found the police officer’s testimony to be "forthright, candid and credible”. Thompson, J. P., Lawrence, Kunzeman and Rosenblatt, JJ., concur.
Order issued September 19, 2012

In The 

## Tourt of Apprats IMO Bistritt of

- rxas at Dallas

No. 05-12-01134-CV IN RE TROY LEE PERKINS, Relator Original Proceeding from the 282nd Criminal District Court

Dallas County, Texas Trial Court Cause Nos. F07-00645-S



### ORDER Before Justices Bridges, Lang, and Fillmore The Court has before it relator's September 4, 2012 letter to this Court, which we construe as a motion for rehearing. This Court has no jurisdiction over habeas corpus proceedings in which the relator seeks relief from a felony judgment after final conviction. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2011). Accordingly, we DENY the motion for rehearing.

ROBERT M. FILLMORE JUSTICE