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f8k102610ex10ii_yesdtc.htm


Exhibit 10.2


 



PROMISSORY NOTE


 





	 	 
	
 AMOUNT: $7,000

	
  DATE: November 4, 2010


	  	  









 


For value received, the terms of this Promissory Note (the "Note") dictate that YesDTC, Inc. (the "Borrower") promises to pay to the order of Joseph Noel (the "Lender"), maintaining an address at 300 Beale Street, Suite 613, San Francisco, CA 94105 (the Lender's address), the principal sum of Seven Thousand Dollars ($7,000) in U.S. currency (the "Principal Amount").


 


Use of Proceeds: Proceeds from the value received of this Note shall be used by the Borrower to fund working capital.


 


Interest: Interest on the Principal Amount shall be equal to 10.0% per annum. This amount shall be determined on a pro rata basis for any monthly or fractional basis thereof. Interest is not compoundable and may be paid monthly or in full at the end of the Borrowing Period.


 


Terms of Repayment: The entire Principal Amount shall be fully paid by the Borrower to the Lender on or before February 15, 2011 or within ninety days (90 days) from the date of this Note (the "Borrowing Period").


 


All or any part of the Principal may be prepaid at any time and from time to time without penalty.


 


 



This Promissory No between the Borrower and Lender is signed and dated as per below. 




 





	 	 	 	 	 
	

/s/ Joseph Noel



	 	 	
11-4-10

	 
	
The Borrower

	 	 	
Date:

	 
	
 

	 	 	
 

	 









	 	 	 	 	 
	

/s/ Joseph Noel



	 	 	
11-4-10

	 
	
The Lender

	 	 	
Date:
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Advanced
Lighting Technologies, Inc. Condensed Consolidated Financial Statements for the
six months ended December 31, 1999 and is qualified in its entirety by reference
to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           2,064
<SECURITIES>                                         0
<RECEIVABLES>                                   41,705
<ALLOWANCES>                                     1,065
<INVENTORY>                                     41,691
<CURRENT-ASSETS>                                79,894
<PP&E>                                         122,484
<DEPRECIATION>                                  19,852
<TOTAL-ASSETS>                                 294,340
<CURRENT-LIABILITIES>                           55,920
<BONDS>                                        138,887
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     15,806
<COMMON>                                            20
<OTHER-SE>                                      83,707
<TOTAL-LIABILITY-AND-EQUITY>                   294,340
<SALES>                                        116,065
<TOTAL-REVENUES>                               116,065
<CGS>                                           71,696
<TOTAL-COSTS>                                   71,696
<OTHER-EXPENSES>                                37,238
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               7,113
<INCOME-PRETAX>                                    537
<INCOME-TAX>                                       339
<INCOME-CONTINUING>                                198
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       198
<EPS-BASIC>                                     (0.02)
<EPS-DILUTED>                                   (0.02)


</TABLE>
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

RON MORTON, Jr.,

 Petitioner - Appellant,

 v.

JAMES D. HARTLEY, Warden, Avenal

State Prison,

 Respondent - Appellee.

No. 08-15338

D.C. No. CV-06-00873-OWW

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Oliver W. Wanger, Senior District Judge, Presiding

Submitted June 15, 2011** 

Before: CANBY, O’SCANNLAIN and FISHER, Circuit Judges.

California state prisoner Ron Morton, Jr. appeals from the district court’s

judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction

under 28 U.S.C. § 2253, and we affirm.

FILED

JUN 24 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-15338

Morton contends that the Board’s 2004 decision to deny him parole was not

supported by “some evidence” and therefore violated his due process rights. The

only federal right at issue in the parole context is procedural, and the only proper

inquiry is what process the inmate received, not whether the state court decided the

case correctly. Swarthout v. Cooke, 139 S.Ct. 859, 863 (2011); see Roberts v.

Hartley, 2011 WL 1365811 at *2-3 (9th Cir. Apr. 12, 2011) (applying Cooke). 

Because Morton raises no procedural challenges, we affirm.

Petitioner’s motion to stay pending the final outcome of Cooke is denied as

moot.

AFFIRMED.
The State of



# Fourth Court of Appeals

**San Antonio, Texas**

Augu st 29, 2014

N o. 04

- 14

- 00125

- CR

Juan MARTINEZ

, Appellant

v.

The STATE of Texas, Appellee

From the 216th Judicial District Court, Kendall County, Texas

Trial Court No. 5481 Honorable N. Keith Williams, Judge Presiding



### ORDER

As stated in our previous order, the reporter’s record was due on August 25, 2014. On August 28, 2014, the court reporter responsible for filing the reporter’s record in this appeal filed a second notification of late record requesting more than thirty additional days to complete and

file the reporter’s record. Although Texas Rule of Appellate Procedure 35.3(b) allow s the appellate court to extend the deadline to file the record if re quested by the court reporter

, it also provides that “[e]ach extension must not exceed 30 days in an ordinary [] appeal.” See T EX

. R.

A PP

. P. 35.3(b). Accordingly, we GRANT the court reporter a thirty

- day extension of time to file the reporter’s record. Th e reporter’s record is due on September 24, 2014

.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 29th day of August, 2014

.

___________________________________ Keith E. Hottle

Clerk of Court
Exhibit 32.1



CERTIFICATION 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 Annual Report of Apple Hospitality Two, Inc., (the Company) on Form 10-K for the year ending December 31, 2005 as filed with the Securities and Exchange Commission on the date
hereof (the Report), the undersigned hereby certifies, pursuant to 18 U.S.C Section 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 and Exchange Act of 1934; and (2) the information contained in the Report fairly represents, in all material respects, the financial conditions and results of operations of the Company as of
December 31, 2005, and for the period then ended.



|                                       
|---------------------------------------
|                                       
|/s/ Glade M. Knight                    
|Glade M. Knight Chief Executive
Officer
|                                       
|/s/ Bryan Peery                        
|Bryan Peery Chief Financial
Officer    



March 9, 2006
EXHIBIT 13.2

CERTIFICATION OF
PRINCIPAL FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Paul E. Preston, the Chief Financial Officer (Principal Financial Officer) of Balaton Power Inc. (the "Company"), hereby 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:

(i)          the Annual Report on Form 20-F of the Company for the fiscal year ended December 31, 2008 (the "Annual Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

(ii)         the information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





| | By:    | /s/ Paul E. Preston    
| | ------ | -----------------------
| | Name:  | Paul E. Preston        
| | Title: | Chief Financial Officer
| |        |                        
| | Date:  | July 15, 2009          

This certification accompanies this Annual Report on Form 20-F pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
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Exhibit 32.1

CERTIFICATION 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 on Form 10-Q of Open Text Corporation (the Company) for
the quarter ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John Shackleton, President and Chief Executive Officer of the Company, 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 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 respects, the financial condition and results of operations of the Company.



/s/ JOHN SHACKLETONJohn ShackletonPresident and Chief Executive Officer


Dated: November 9, 2007
# E C 

# / R Incorporated Providing Environmental Technical Support Since 1989

501 Eastowne Drive, Suite 25 0  Chapel Hill, North Carolina 2751 4 Telephone: (919)484

- 0222  Fax: (919) 484

- 0122 

# CONTACT REPORT

Date/Time Project Name Project Number

August 17 , 20 1 1 10 : 30 a m Ferroalloys RTR MME

- 4 11

EC/R Originator Contact Phone Number

Bradley Nelson Justyna Krupa

– Calgon Carbon Corp. ( 4 12 ) 787

- 4762

General Subject

The purpose of the telephone call was to discuss mercury control options for an electric arc

furnace equipped with a wet scrubber. M s

. Krupa stated that Calgon Carbon installs both

activated carbon injection (ACI) and carbon bed systems. However, based on the stack gas
parameters provided to the company, they believe that the carbon bed is not feasible or

practical based on the high exhaust flow rate. Additional information with regards to the

mercury control of the EAF was sent by the vendor and is in cluded as an attachment to this

contact report.

### Attachment 1. Email Correspondence

From: Justyna Krupa [ mailto:JKrupa@calgoncarbon

- us.com ]

Sent: Thursday, August 18, 2011 12:37 PM

To: Brad Nelson

S ubject: Initial Remarks

Brad,

At this time, a fixed bed carbon system for treating this high flowrate for Hg removal is not feasible or practical. The linear velocity for a carbon fixed bed needs to be less than 100 fpm, so for the flow rate of 183, 671 acfm, that is a large surface area which means several large adsorbers.

We may have other ideas to offer but that will take a few days to investigate.

Please also be aware that the PAH will adsorb on carbon, but without knowing the composition/conc entration, we cannot estimate carbon usage rate. The Formaldehyde will not physically

adsorb on carbon. I hope this information is sufficient for your meeting today and I will follow

- up in a few days after we have come up with a potential solution. Thank you for your patience.

Regards,

Justyna Krupa Inside Technical Sales Representative

- East Region

412

- 787

- 4762 (direct)

412

- 787

- 4523 (fax) jkrupa@calgoncarbon

- us.com

This email and attachment(s) contain proprietary and/or confidential information which is protected from disclosure. It is for the sole use of the intended recipient(s) and any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient(s),please contact the sender by reply email and destroy the original message and any copies of the message as well as any attachment(s) to the original message.

This email is for your information only and is not intended to be legally binding. Neither Calgon Carbo n Corporation nor its affiliates or subsidiaries will have any legally binding obligation until execution by both parties of formal contract documents, all of the terms of which, including the terms herein, must first have been reviewed and approved by Cal gon Carbon Corporation’s Management and/or, if required by Calgon Carbon Corporation’s authority limitations, its Board of Directors.
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-20-00525-CV

IN THE INTEREST OF F.A.M., JR., a Child

From the 45th Judicial District Court, Bexar County, Texas

Trial Court No. 2019PA01301

Honorable Charles E. Montemayor, Judge Presiding

BEFORE JUSTICE CHAPA, JUSTICE WATKINS, AND JUSTICE RODRIGUEZ

In accordance with this court’s opinion of this date, the trial court’s order of termination is 

AFFIRMED. It is ORDERED that no costs be assessed against appellant in relation to this appeal 

because she qualifies as indigent under Texas Rule of Appellate Procedure 20.

SIGNED June 9, 2021.

_____________________________

Beth Watkins, Justice
**Exhibit 10.13(a)**

 

 

AMENDMENT NO. 3

 

This Amendment No. 3 (this“Amendment”) to the Collaboration and License Agreements effective October 29,1998 between the parties hereto, as amended previously (the “Agreements”), iseffective as of April 17, 2003 (the “Effective Date”) and by agreement of theparties as of the Effective Date amends the Agreements as follows:

 

1. Allcapitalized terms herein shall have the same meaning as in the Agreements.

 

2. The firstsentence of Section 5.2.4 is amended to read, in its entirety, as follows:

 

“In the finalyear of the Collaboration (i.e., year five if the Collaboration is notextended), Pharmacopeia shall have the right, starting on the thirtieth (30th)day after the end of the second quarter of the final year, to remove FTEs fromthe Collaboration during the remainder of the term of the Collaboration.

 

3. Theremaining terms of the Agreements, except to the limited extent modified by theterms of this Amendment, by the agreement letter dated March 29, 1999, byAmendment No. 1 effective April 15, 1999 and Amendment No. 2 effective October1, 1999, shall remain in full force and effect.

 

IN WITNESSWHEREOF, the parties hereto have caused this Amendment to be duly executed bytheir authorized representatives and delivered in triplicate originals on theEffective Date.

 
| SCHERING CORPORATION   | PHARMACOPEIA,  INC.       |
|------------------------|---------------------------|
|                   |                      |
|                   |                      |
| By:                    | /s/ David  Poorvin, Ph.D. |   | By: | /s/ Stephen  A. Spearman, Ph.D. |   |
|                   | DAVID  POORVIN, PH.D.     |   | STEPHEN A.  SPEARMAN, PH.D. |
|                   | Vice  President           |   | Executive  Vice President and |
|                   |                      | Chief  Operating Officer |
|                   |                      |
| SCHERING-PLOUGH,  LTD. |                      |
|                   |                      |
|                   |                      |
| By:                    | /s/ David  Poorvin, Ph.D. |   |   |
|                   | DAVID  POORVIN, PH.D.     |   |
|                   | Vice  President           |   |

 

----
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on a nd i s notpr e c e de nt * e xc e pta s pr ovi de d by 9th C i r . R . 36- 3.

T he pa ne l una ni m ous l y c onc l ude s thi s c a s e i s s ui t a bl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. CELI A J . STEA RN S, D e f

e n d a n t - A p p e lla n t. N o. 11- 30113 D. C . No . 2 : 0 1 - c r - 0 0 1 7 1 - R HW ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f orthe E a s t e rn D i s tr i c tof W a s hi ngt on R obe r tH . W ha l e y , D i s tr i c tJ udge , P r e s i di ng S ubm i tt e d A pr i l 17, 2012 ** B efo re: L E A V Y , P A E Z , an d B E A , C i rcu i tJu d g es. C e lia J . S te a rn s ap p e a ls f r o m th e d is tr ic t c o u r t’s o r d e rd e n y in g h e rm o tio n to s e ve rj oi ntl i a bi l i ty a nd othe ra l t e rna t i ve r e l i e f . W e ha ve j ur i s di c t i on unde r28 U . S. C. § 1 2 9 1 , a n d w e a f f i rm. 

# FI LED APR18 2 012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS11- 30113 2 S t ea rns c on t ends thatthe di stri ctcourterre d w hen i thel d thati tl ac ked j ur i s di c t i on t o a m e nd the j udgm e ntt o s e ve rj oi ntl i a bi l i ty , ort o c om pe l the gove rnm e ntt o pur s ue the e s t a t e of he rc o- de f

e nda ntt o r e c ove rr e s t i tut i on paym ent s. S t ea rns f

ai l s t o est abl i sh the appl i cabi l i ty of a ny of the l i m i t ed c ir c u m s ta n c e s u n d e rw h ic h a n o r d e ro f r e s titu tio n m a y b e a lte r e d . See 1 8 U . S. C. § 3 6 6 4 ( o ) ; se e al

so U ni t ed Stat es v. Moral es , 328 F . 3d 1202, 1205 ( 9th C i r . 2003) ( di s tr i c tc our t s do notha ve “ i nhe r e nta uthor i ty ” t o m odi f y a f i ne i m pos e d a s pa r tof a s ent ence ). A dd i t i on al l y, S t ea rns i dent i fi es no autho ri ty upo n w hi ch the court m ay com pel the go vernm entt o p ursue the es t at e of herco-defe nd antt o rec ov er r e s titu tio n p a y m e n ts . See ge ne r al l y U ni t e d Stat e s v . B r i

ght , 353 F . 3d 1114, 1124 (9th C i r. 20 04 ) ( “ N othi ng i n the [M andat ory V i ct i m s R es t i tut i on A ct ] i nd i ca t es that d is tr ic t c o u r ts th e m s e lv e s a r e r e q u ir e d to r e a c h o u t a n d o r d e rth e g o v e rn m e n t to tr a n s f e rf o r f e ite d f u n d s f r o m g o v e rn m e n t e n titie s to v ic tim s .” ) . AF F I RME D.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 1**  **3**
**- 2434** 

UNITED STATES OF AMERICA ,

P laintiff

- Appell ee ,

v.
$2,280.00 IN UNITED STATES CURRENCY ,
Defendant ,
and

JOHN HARVEY GODDARD, SR. ,
Claimant

- Appellant

.

Appeal from the United States District Court for the Northern District of West Virginia , at Wheeling

. John Preston Bailey , Chief District Judge. ( 5 : 13

- c v
- 00 017

- JPB )

Submitted : April 17, 2014 Decided: April 21, 2014

Before WILKINSON, KING, and DUNCAN , Circuit Judges.

Affirm ed by un published per curiam opinion

.

John Harvey Goddard, Sr. , Appellant Pro Se. John Castle Parr, Assistant United States Attorney, Wheeling, West Virginia , for Appellee.

Unpublished opinions are not binding preced ent in this circuit.2 PER CURIAM:
John Harvey Goddard, Sr., appeals the district court ’ s

order denying his motion for reconsideration of a forfeiture
judgment. We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the

district court. United States v. $2,280.00 in U.S. Currency ,

No. 5:13

- cv
- 00017

- JPB (N.D.W. Va. Nov. 5, 2013)

. We grant
Goddard’s motion to pro ceed in forma pauperis on appeal. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before

th is court and argument would not aid the decisional process.

AFFIRMED