alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 10.18**

**NILE THERAPEUTICS, INC.**

**AMENDMENT OF EMPLOYMENT AGREEMENT**

THIS AMENDMENT OF EMPLOYMENT AGREEMENT (this “Amendment”) is entered into as of March 10, 2009 (the “Effective Date”), betweenPeter M. Strumph (“Employee”) and Nile Therapeutics, Inc., a Delaware corporation (the “Company”). 

**RECITALS**

WHEREAS, Employee and the Company entered into an Employment Agreement, dated as of May 11, 2007, as amended to date (the“Employment Agreement”), which provides for, among other things, certain benefits upon a change of control. 

WHEREAS, the Companyand Employee have agreed to modify the definition of change of control as set forth in this Amendment. 

**AGREEMENT**

NOW THEREFORE, in consideration of the foregoing and the mutual agreements contained herein and intending to be legally bound hereby, the parties herebyagree that the Employment Agreement shall be amended effective as of the Effective Date to the extent necessary give effect to this Amendment as follows: 

1. Performance Bonus. Section 5(c)(ii) of the Employment Agreement shall be amended and restated in its entirety as follows: 

“(ii) Notwithstanding Section 5(c)(i)A and 5(c)(i)B above, no transaction shall be considered a Change of Control under this Agreement, and no bonus shall be paid or options vest, pursuant to thisSection 5(c): 

A. if the stockholders existing prior to such transaction(s) hold in the aggregate more than fifty percent (50%) ofthe securities or assets of the surviving or resulting company; or 

B. in connection with a private placement of equity securities of theCompany in connection with a financing of the Company’s on-going operations.” 

2. Continuation of Other Terms. Except asset forth herein, all other terms and conditions of the Employment Agreement shall remain in full force and effect. 

3. CompleteAgreement. This Amendment and the Employment Agreement together constitute the entire agreement between Employee and the Company with respect to the employment of Employee by the Company and they are the complete, final and exclusive embodimentof their agreement with regard to this subject matter. This Amendment is entered into without reliance on any promise or representation other than those expressly contained herein. 

4. Further Assurances. The Employee agrees to promptly take, or cause to be taken and to do, or cause to be done, acts (including signing alldocuments, agreement or instruments) necessary, proper or advisable to consummate and make effective the transactions contemplated hereby as reasonably requested by the Company or any affiliate thereof. 

5. Applicable Law. This Amendment shall be governed by the law of the State of California as suchlaws are applied to agreements between California residents entered into and to be performed entirely within the State of California. 

(Signature Page Follows) 

 

2 

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date firstwritten above. 

 
**NILE THERAPEUTICS, INC.**By: /s/ Daron EvansName: Daron EvansTitle: Chief Financial Officer**EMPLOYEE**/s/ Peter M. StrumphPeter M. Strumph
 

3
EXHIBIT 32.2

SECTION 1350

CERTIFICATION OF CHIEF FINANCIAL OFFICER

In connection with the Annual Report of Union Drilling, Inc. (the Company) on Form 10-K for the year ended December 31, 2007, as filed with the
Securities and Exchange Commission (the Report), A.J. Verdecchia, Vice-President, Chief Financial Officer and Treasurer of the Company, does hereby certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §
1350), that to his knowledge:



| | 3) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 4) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ A.J. VerdecchiaName:

A.J. VerdecchiaTitle:

Vice-President, Chief Financial Officer and TreasurerDate:

March 6, 2008
**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**

Inconnection with the quarterly report of Pharmaceutical Product Development, Inc. (“PPD”) on Form 10-Q for the period ended September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the“Report”), I, Fredric N. Eshelman, Chief Executive Officer of PPD, 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 my knowledge: 

1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities 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 PPD as of, andfor, the periods presented in the Report. 

Date: November 6, 2006
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-50555

Summary Calendar

GUILLERMO EMILIO ALDANA,

Plaintiff-Appellant,

versus

FREESCALE SEMICONDUCTOR, INC.,

Defendant-Appellee.

_____________________

Appeal from the United States District Court for the

Western District of Texas, Austin

1:11-CV-614

____________________

Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

We affirm for essentially the reason stated by the District Court in its

order of April 5, 2012, Granting Appellees’s Summary Judgment.

United States Court of Appeals

Fifth Circuit

F I L E D

November 29, 2012

Lyle W. Cayce

Clerk

Pursuant to 5 Cir. R. 47.5, the court has determined that this opinion should not be * th

published and is not precedent except under the limited circumstances set for the in 5 Cir. R. th

47.5.4.

 Case: 12-50555 Document: 00512068180 Page: 1 Date Filed: 11/29/2012
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JUNE 15, 2009

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 08-16650

Non-Argument Calendar

________________________

D.C. Docket No. 08-00080-CR-WTM-4

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RONALD EUGENE KERSEY,

Defendant-Appellant.

__________________________

Appeal from the United States District Court for the

Southern District of Georgia

_________________________

(June 15, 2009)

Before BIRCH, BLACK and HULL, Circuit Judges.

PER CURIAM:

Robert Paul Phillips, III, appointed counsel for Ronald Eugene Kersey in

this direct criminal appeal, has moved to withdraw from further representation of

the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87
S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record

reveals that counsel’s assessment of the relative merit of the appeal is correct. 

Because independent examination of the entire record reveals no arguable issues

of merit, counsel’s motion to withdraw is GRANTED, and Kersey’s conviction

and sentence are AFFIRMED.

2
EXHIBIT 31.2Cronos Global Income Fund XVI, L.P.Rule 13a-14 CERTIFICATIONS     I, John Kallas, certify that:     1. I have reviewed this quarterly report on Form 10-Q of Cronos Global Income Fund XVI, L.P.(the “Partnership”);     2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this quarterly report;     3. Based on my knowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financial condition, resultsof operations and cash flows of the Partnership as of, and for, the periods presented in thisquarterly report;     4. The other certifying officer of Cronos Capital Corp. (“CCC”), the General Partner of thePartnership, and I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Partnership and wehave:          (a) designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe Partnership, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this quarterly report is being prepared;and          (b) evaluated the effectiveness of the Partnership’s disclosure controls and procedures andpresented in this quarterly report our conclusions about the effectiveness of the disclosurecontrols and procedures, based on our evaluation; and          (c) disclosed in this quarterly report any change in the Partnership’s internal control overfinancial reporting that occurred during the Partnership’s most recent fiscal quarter (thePartnership’s fourth fiscal quarter in the case of an annual report) that has materially affected,or is reasonably likely to materially affect, the Partnership’s internal control over financialreporting.     5. CCC’s other certifying officer and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the Partnership’s auditors and the Audit Committeeof Partnership’s Board of Directors (or persons performing the equivalent function):          (a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect thePartnership’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 havea significant role in the Partnership’s internal control over financial reporting.Date: August 11, 2006   /s/ JOHN KALLAS John Kallas  Vice President and  Chief Financial Officer of CCC
EXHIBIT 24.9

POWER OF ATTORNEY

Know all by these presents, that I, the undersigned, do hereby appoint Mike
Kinney and Robert E. Brummels, or either of them, as my attorney-in-fact with full power of substitution, to execute in their respective names, individually and in my capacity as director:

(i) the Annual Report on Form 10-K for the year ended December 31, 2007 (the 2007 Annual Report) of Husker Ag, LLC and any and all
amendments thereto, and to file the 2007 Annual Report, any and all such amendments, and exhibits and documents thereto required in connection therewith with the Securities and Exchange Commission and granting unto each attorney-in-fact and any
substitute, full power and authority to do and to perform each and every act and thing requisite and necessary to be done in connection therewith, as fully as I might or could do in person, hereby ratifying and confirming all that said
attorneys-in-fact and their substitutes may lawfully do or cause to be done by virtue hereof; and

(ii) the Rule 13e-3 Transaction
Statement Under Section 13(e) of the Securities Exchange Act of 1934 on Schedule 13E-3 (the Schedule 13E-3) of Husker Ag, LLC and any and all amendments thereto, and to file the Schedule 13E-3, any and all such amendments, and
exhibits and documents thereto required in connection therewith with the Securities and Exchange Commission and granting unto each attorney-in-fact and any substitute, full power and authority to do and to perform each and every act and thing
requisite and necessary to be done in connection therewith, as fully as I might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and their substitutes may lawfully do or cause to be done by virtue hereof.

IN WITNESS WHEREOF, I have hereunto set my hand this 24thday of March, 2008.



/s/ Gerald WinterGerald Winter




|                  |  |   |  |    
|----------------- |  | - |  | ---
|STATE OF NEBRASKA |  | ) |  |    
|                  |  | ) |  | ss.
|COUNTY OF PIERCE  |  | ) |  |    

On this 24thday of March, 2008, before me, a Notary public qualified for said County, personally came Gerald Winter, known to me to be the identical person who signed the
foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed.



|       |  |  |  |  |  |                                 
|------ |  |  |  |  |  | --------------------------------
|       |  |  | 
|       |  |  |  |  |  | /s/ Kristine Wacker             
|{Seal} |  |  |  |  |  | Notary Public                   
|       |  |  | 
|       |  |  |  |  |  | My commission expires: 2-28-2010
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 182 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 182

 To prohibit the Secretary of Health and Human Services from using any 
  type of fee collected to advertise or market Exchanges established 
         under the Patient Protection and Affordable Care Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2017

  Mr. Mullin introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
 To prohibit the Secretary of Health and Human Services from using any 
  type of fee collected to advertise or market Exchanges established 
         under the Patient Protection and Affordable Care Act.

    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 ``Stop Obamacare Spam Act of 2017''.

SEC. 2. PROHIBITION OF USE OF FEES TO ADVERTISE OR MARKET EXCHANGES 
              UNDER PPACA.

    Notwithstanding any other provision of law, on and after the date 
of the enactment of this Act the Secretary of Health and Human Services 
may not use any fees collected, including assessments and fees charged 
under section 1311(d)(5)(A) of the Patient Protection and Affordable 
Care Act (42 U.S.C. 18031(d)(5)(A)), to advertise or otherwise market 
Exchanges established under such Act, including advertising or 
marketing qualified health plans offered through such Exchanges.
                                 <all>
```
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit

__________________________

JOHNNY B. WILLIAMS,

Petitioner,

v.

DEPARTMENT OF AGRICULTURE,

Respondent.

__________________________

2012-3166

__________________________

Petition for review of the Merit Systems Protection 

Board in case no. AT0752110898-I-1.

__________________________

ON MOTION

__________________________

O R D E R

On August 29, 2012, Johnny B. Williams’ petition was 

dismissed for failure to pay the docketing fee required by 

Federal Circuit Rule 52(a)(1) and to file the required Fed. 

Cir. R. 15(c) statement concerning discrimination. 

Williams moves to reinstate his petition for review. He 

also moves to proceed in forma pauperis and submits his 

completed Fed. Cir. R. 15(c) statement concerning 

discrimination.

Case: 12-3166 Document: 13 Page: 1 Filed: 02/28/2013
JOHNNY WILLIAMS V. DEPARTMENT OF AGRICULTURE 2

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion to proceed in forma pauperis is granted.

(2) The motion to reinstate the petition for review is 

granted. The court’s August 29, 2012 order is vacated, 

the court’s mandate is recalled, and the petition is reinstated.

(3) Williams’ brief is due 30 days from the date of this 

order.

FOR THE COURT

/s/ Jan Horbaly 

 Jan Horbaly

Clerk

s26 

Case: 12-3166 Document: 13 Page: 2 Filed: 02/28/2013
No: 19-046 September 17, 2019

CONTACT: Ivonne Couret, 301-415-8200

NRC 2019-2020 Information Digest Now Available Online

The Nuclear Regulatory Commission has published its 2019-2020 edition of the Information 

Digest, a publication that describes, in graphics and plain language, the agency's responsibilities and 

activities along with general information on nuclear-related topics. 

This latest edition, NUREG-1350, Volume 31, is intended to serve as a quick reference 

guide with facts about the agency and the industry it regulates in an easy-to-use format that includes 

visual aids. New this year is an abridged audiobook, which incorporates materials from the Digest 

and is designed to reach a wider audience by delivering audio information.

The Information Digest is published annually and is available on the NRC website. The 

digital version of the Digest has embedded hyperlinks for easy access to additional information 

regarding major topics. The NRC abridged audiobook, graphics, figures, maps, and data sets also 

are available online.

In addition, a print copy will be available in late September 2019, upon written request to 

the U.S. Nuclear Regulatory Commission, Office of Administration, Publications Branch, 

Washington, D.C. 20555-0001. Requests can be sent by email to distribution.resource@nrc.gov or 

by fax to 301-415-2289.
I 

115TH CONGRESS 

1ST SESSION H. R. 1915 

To amend the Small Business Act to provide the Administrator of the Small 

Business Administration authority to increase amount for general business loans, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2017 

Ms. VELA ́ZQUEZ introduced the following bill; which was referred to the 

Committee on Small Business 

A BILL 

To amend the Small Business Act to provide the Administrator of the Small Business Administration authority 

to increase amount for general business loans, 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. AUTHORITY FOR ADMINISTRATOR TO IN4 CREASE AMOUNT FOR GENERAL BUSINESS 

5 LOANS. 

6 Section 20 of the Small Business Act (15 U.S.C. 631 

7 note) is amended— 


lotter on DSK5VPTVN1PROD with BILLS
2 

•HR 1915 IH

1 (1) by redesignating subsection (j) as sub2 section (f); and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(g) AUTHORITY TO INCREASE AMOUNT OF GEN6 ERAL BUSINESS LOANS.— 

7 ‘‘(1) IN GENERAL.—For fiscal year 2018 and 

8 each fiscal year thereafter, if the Administrator de9 termines that the amount of commitments by the 

10 Administrator for general business loans authorized 

11 under section 7(a) for a fiscal year exceeds the limit 

12 on the total amount of commitments the Adminis13 trator may make for such loans under this Act, ap14 propriation Acts, or any other provision of law, the 

15 Administrator may make commitments for such 

16 loans for such fiscal year in total amount equal to 

17 not more than 120 percent of such limit. 

18 ‘‘(2) APPROVAL REQUIRED BEFORE EXER19 CISING AUTHORITY.— 

20 ‘‘(A) IN GENERAL.—Not later than 30 

21 days before the date on which the Adminis22 trator intends to exercise the authority under 

23 paragraph (1), the Administrator shall submit 

24 notice of the intent of the Administrator to ex25 ercise the authority to— 


lotter on DSK5VPTVN1PROD with BILLS
3 

•HR 1915 IH

1 ‘‘(i) the Committee on Small Business 

2 and Entrepreneurship and the Sub3 committee on Financial Services and Gen4 eral Government of the Committee on Ap5 propriations of the Senate; and 

6 ‘‘(ii) the Committee on Small Busi7 ness and the Subcommittee on Financial 

8 Services and General Government of the 

9 Committee on Appropriations of the House 

10 of Representatives. 

11 ‘‘(B) APPROVAL.—The Administrator may 

12 not exercise the authority under paragraph (1) 

13 unless the exercise of authority has been ap14 proved by the Committee on Appropriations of 

15 the Senate and the Committee on Appropria16 tions of the House of Representatives.’’. 

Æ 


lotter on DSK5VPTVN1PROD with BILLS
EXHIBIT #23.1


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
               ---------------------------------------------------



We have issued our report dated March 20, 2003, except for notes 14 and 15,
which are dated December 1, 2003, accompanying the financial statements of MR3
Systems, Inc. (the "Company") on Form 10-KSB for the years ended December 31,
2002, 2001 and 2000, which is included in this Registration Statement. We
consent to the inclusion of our report in this Registration Statement.



/s/ POHL, MCNABOLA, BERG & CO.
----------------------------------
Pohl, McNabola, Berg & Co., LLP


San Francisco, California
December 10, 2003
#### Lewis, Appellant, vs. Lewis, Respondent.

*March 5*

April *1, 1930.*

*344The cause was submitted for the appellant on the brief of *F. E. Bachhuber*of Wausau, and for the respondent on that of *F. P. Regner*of Wausau.

Fritz, J.

Appellant alleges that the court erred in finding the value of the property of the parties to be $2,500; in requiring plaintiff to pay $1,250 to the defendant, and giving *345defendant a lien for that sum upon the wife’s property; in leaving plaintiff to pay her own costs; and in burdening her with the support of the children and releasing defendant from that responsibility.

Upon a review of the record we are satisfied that the court did not err in its findings and conclusions as to extent and sources of the property of the parties and as to the amount awarded to the defendant. Under the circumstances, the court, with due regard to the legal and equitable rights of both of the parties, properly adjudged, in lieu of alimony, a final division of so much of the estate of the plaintiff as was derived from the defendant. In that connection, inasmuch as that property was in part derived from the defendant, the court properly provided for the transfer and confirmation of title thereto in the plaintiff upon the payment of the $1,250 awarded to defendant, with a lien upon that property to secure to him his interest therein until payment of that amount. In determining the amount of property to be awarded in making that final division, the court could properly take into consideration the question of costs and attorney’s fees of the plaintiff, and consider a proper allowance for those items included in the property awarded to or retained by her, or make a separate award on that account. The judgment expressly provided that each party shall pay his own costs and attorney’s fees, and there is no occasion for disturbing that determination.

On the other hand, the court erred in entirely absolving the defendant from his obligation to contribute to the support of such of the minor children as are still dependent. The defendant is fifty-seven years of age. Although he claims to be under a doctor’s care, it does not appear that he is unable to work. He should be required to pay to plaintiff, from the date of the judgment, November 4, 1929, $5 per month per child, for the support of such child until it is fifteen years of age.

*346On the other hand, the payment of the $1,250 awarded to defendant should be deferred so as to be payable by the plaintiff, without interest, in instalments of $200 per year, Commencing on November 4, 1930. In the event of default by the defendant in his payments for the support of the minor children, the plaintiff may set off the amount so in default, during any year, against the instalment payable to the defendant at the end of such year.

Consequently, the judgment, in so far as it relates to the time of the payment of the $1,250 to the defendant, and in so far as it does not require the defendant to contribute to the support of the minor children, must be modified as here-inbefore directed.

*By the Court.*— Judgment modified, with directions to enter judgment in accordance with this opinion.