alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1


                                  EXHIBIT 2.2

                 AMENDMENT TO THE PLAN AND AGREEMENT OF MERGER

     THIS AMENDMENT is made and entered into this 18th day of December, 1996,
by and between SPORTS & RECREATION, INC., a Delaware corporation ("SPORTS"),
and SPORTS & RECREATION REINCORPORATION, a Florida corporation ("FLORIDA").
All terms not defined herein shall have the meanings ascribed to them in that
certain Plan and Agreement of Merger dated the 23rd day of April, 1996 (the
"Merger Agreement") by and between SPORTS and FLORIDA.

                              W I T N E S S E T H:

     WHEREAS, SPORTS AND FLORIDA entered into the Merger Agreement dated the
23rd day of April, 1996 whereby SPORTS AND FLORIDA agreed to merge.

     WHEREAS, the Shareholders of SPORTS approved the Merger Agreement at a
meeting of the shareholders on June 12, 1996.

     WHEREAS, the Board of Directors of FLORIDA approved the Merger Agreement
in an Action by Written Consent of the Board of Directors on April 23, 1996.

     WHEREAS, SPORTS and FLORIDA now desire to amend the Plan and Agreement of
Merger;

     NOW, THEREFORE, in consideration of the mutual promises and agreements
herein contained and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto, intending to
be legally bound thereby, agree to amend the Plan and Agreement of Merger as
follows:

Paragraph 5 of the Plan and Agreement of Merger shall be stricken and the
following paragraph shall be substituted in its place:


5. NAME OF SURVIVING CORPORATION

     On the Effective Date, the Articles of Incorporation of Florida shall be
amended to change the name of FLORIDA to "Sports & Recreation, Inc." or such
other name that has been adopted by SPORTS prior to the Effective Date of the
merger.

     THIS AMENDMENT is being entered into this 18th day of December, 1996.

                                   SPORTS & RECREATION REINCORPORATION, INC.

                                   By: /s/   STEPHEN BEBIS
                                      ---------------------------
                                        Its: President

                                   SPORTS & RECREATION, INC.
                                   By: /s/   STEPHEN BEBIS
                                      ----------------------------
                                   Its: President



                                      E-5
**Exhibit 23.1**

***CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM***

We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (No. 333-105414, No. 333-111270,No. 333-161881 and No. 333-165661) and Form S-8 (No. 333-22217, No. 333-41754, No. 333-53380, No. 333-75060, No. 333-111275 , No. 333-121375, No. 333-139064, No. 333-148458 and No. 333-164846) ofOverland Storage, Inc. of our report dated September XX, 2010 relating to the consolidated financial statements, which appears in this Form 10–K. 

/s/ Moss Adams LLP 

San Diego, California

September 24, 2010
DISCIPLINARY DOCKET

96-499.

#### In re Hurd.

On March 27,1996, this court suspended respondent, Dwight I. Hurd, upon his conviction of a felony, pursuant to Gov.Bar R. V(5). On June 30, 1999, pursuant to Gov.Bar R. V(5)(D)(l)(a), the Board of Commissioners on Grievances and Discipline filed a certified copy of a judgment entry reversing respondent’s conviction. Upon consideration thereof,

IT IS ORDERED by this court, effective August 11,1999, that respondent, Dwight I. Hurd, a.k.a. Dwight Irvin Hurd, Attorney Registration No. 0012177, last known address in Columbus, Ohio, be reinstated to the practice of law in Ohio, pursuant to Gov.Bar R. V(5)(D)(1). It is further ordered by this court, *ama sponte,*that pursuant to Gov.Bar R. V(5)(D)(2), reinstatement of respondent shall not terminate any disciplinary proceeding that may be pending against him.
# Pacific

P.O. Box 20280 Mesa, Arizona 85277-0280 

# DOT-OST-

# 2..001-7...&

# fo7! L.L.C.

(888) 575-4546 Toll Free www.pacificwings.com

December 14, 2010

VIAELECTRONICMAIL Mr. Dennis DeVany, EssentialAir ServiceChief US Department ofTransportation EAS andDomesticAnalysis Division 1200New JerseyAvenue, SE W86-471 Washington, DC 20590 DearMr. DeVany, _C-- N 

### .c

Two years ago Pacific Wings dba GeorgiaSkies began subsidized Essential Air Service to Macon Georgia, after Delta Airlines terminated service to the community. At the time, no major airline was willing to serve Macon. As a result, Macon migrated from a global airline mega-brand utilizing 50-seat equipment, to an independently owned and operated airline utilizing nine-seat aircraft, savingtaxpayers approximately50% intheprocess. Macon leaders insistedthat access toAtlanta-Hartsfield (ATL), and in particular, sterile access, was critical to the city's air service. Due to Hartsfield's sheer size and complexity, it took nearly one year, and significant time and resource investments to obtain access to ATL terminal facilities. Since that time, origin and destination data indicate GeorgiaSkies utilization has been steadilyincreasingatMacon. Recent statements, however, indicate City leadership has lost interest in ATL; and, may have unrealistic expectations of the passenger traffic Macon is capable of sustaining absent a branded major US air carrier. There also appears to be some misunderstanding about the role of the EAS program as a safety net for communities facedwithcomplete loss ofair service. In Macon, the expectation exists that EAS will also serve as a vehicle for rationalizing various ambitions related to Middle Georgia Regional Airport, which have nothing to do with statedEASD. DEVANY

- 14 DEC 2010 objectives. We understand and share the desire to see utilization at Macon increase, and for the airport to succeed. There seems to be a reluctance, however, to accept certain realities inherent to the City's EAS status; or, the fact that air carriers capable of delivering passenger levels anywhere near the expectations of City leaders are no longer willing to serve Macon, even with federal subsidies. and priorities of bid for subsidized in Macon, not only $39 fares for more Clearly, GeorgiaSkies misjudged the objectives Macon leadership in submitting its most recent service. The airline has invested significantly to access ATL, but also to provide everyday low than two years. At this point, GeorgiaSkies has much inMacon to simplywalkaway. invested far too
Please accept this correspondence as notice that GeorgiaSkies is withdrawing its bid for subsidized service at Macon, but will continue to serve the community without subsidy. Obviously, pricing and other adjustments will be necessary to make non-subsidized service viable; however, Pacific Wings has successfully done so in a numberof formerly subsidizedEAS locations across the country. I appreciate your attention to this matter, and hope you will not hesitate to contactme with anyquestions.

___**~-.? ~-c:~./-.** **~~v**

## Gr~Kahlstorf Chief**Executiv~** Officer PacificWings, L.L.C.

Page2
**Exhibit 32.2**

**Certifications of Chief Financial Officer**

**Pursuant to 1350 of Chapter 63 of Title 18 of the UnitedStates Code**

Pursuant to U.S.C. Section 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersignedChief Financial Officer of LightPath Technologies, Inc. (the “Company”) does hereby certify, to the best of such officer’s knowledge, that: 

1. The Annual Report on Form 10-K of the Company for the year ended June 30, 2008 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of theSecurities Exchange Act of 1934, as amended; and 

2. The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company. 

Dated: September 29, 2008 

 

The certifications set forth above are being furnished as an exhibit solely pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, and shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall they be deemed incorporated by reference in any filingunder the Securities Act of 1933, as amended. 

A signed original of this written statement required by Section 906, or other documentauthenticating, acknowledging or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to LightPath Technologies, Inc. and will be retainedby LightPath Technologies, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
ARMY SECURITY AGENCY 

WASHINGTON 2.5, D. C. -r·..,. .;, . . _,, _____ , . .... ... i 

WDG.IS-71 ll October 1946 

SUBJECT: Patent Application of William F. Friedman, SN 478,193 

TO: Chief Signal Officer 

Director, Legal Division 

Patents and Inventions Branch 

4C Z'l4, The Pentagon 

Washington 25, D. c. 

ATTENTION: Mr. Harry M. Saragovitz 

1. Inclosed herewith, in duplicate, is a proposed amendment to 

the subject application. 

2. The amendment is due in the Patent Office J.6 October 1946. 

FOR THE CHIEF, ARMY SECURITY AGENCY: 

1 Incl S. KULLBACK 

Amendment in dup Chief, Research and Developnent Division 

SIGLG-J-HS(ll Oct'46) 1st Ind 

··m, OCSigO, :·.ashingtor. 25, D. C.,15 October 19/j,-

To: Chief, J.nny SecuritJI .ii£ency, The :"entagon Bui1dinc;, "lashingtcn 25, D. C. 

Attn: Mr. Stauffer 

This is to advise that amendment covt:rinrr subject case vras filed 

in the Patent Office on 14 October 1946. 

FO?.. Tiffi GHIEF 3IGNAL OFFICFR: 

HAllR~ :!i*1rl 

1 Incl: 

w/d 

Asst. Chief, Patents & Inventions Branch 

Legal Division. 

Jeclassified and approved for release 

JY NSA on 07-22-2014 pursuant to CONHBENTIAt= o 13526 
1l1 l f 

/1Y) f I 'J J .I l I , 

• REF ID:A362541« 

CONFIDEN1l 

~il ll OoioW lw.6 

aum1 Pat.tit b.ppU...t.ion .t ws.11 •• r. rrt ' r, a 47a._m 

l. Inoloeed. ••cl.th, in 4ap11Mt.e, i.e a ~ ·mnn.-.1t ._ the •®JHt. applloatloll. 

l Iael 

A b It i:a dap 

CONFIDENTIAL
* Pursuant to 5 TH C IR

. R. 47.5, the court has deter mined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED
July 8, 2003
Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-11091 Summary Calendar

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

versus

WESLEY PAUL COONCE, JR.,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:02-CR-58-1-Y

-------------------- Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Attorney Don Davison appointed to represent Wesley Paul

Coonce, Jr. (“Coonce”) has requested leave to withdraw and has

filed a brief as required by Anders v. California
, 386 U. S. 738
(1967). Coonce has not responded to the motion. Our independent

review of the brief and the record discloses no nonfrivolous issue

for appeal. Counsel’s motion for leave to withdraw is GRANTED,

counsel is excused from further responsibilities, and the appeal is

DISMISSED. See 5 TH C IR

. R. 42.2.MOTION GRANTED; APPEAL DISMISSED.
REF·ID:A522172 

• 

··-· _OC.'.3ig0·· 

RESEARCH & PEVELOPMENT DIVISION 

"10:.·~ 46/IUt_~ .</J 

Maj ·• M_i"tchell 

. Ca,pt.Murphy 

Lieut". Elder 

Mr.Cole 

· l:.1rs. Studier 

Hiss "i3roek~.t-· 

GENERAL FILES 

.:.. 

. . 

Note and file 

Note· and return 

Ne6essary Rction· 

Preyi.ou·s corr~sp. 

R~commend,_a ti.on 

Prepare re.ply · 

Comment . 

Signature 

16.pproved for Release l:>y_NSA on 

~ 1-20-2013 pursuanfto E·o .. · . . 13526 . . . . .
### THE THIRTEENTH COURT OF APPEALS

13

- 24

- 00201

- CV

MALOLITO INVESTMENTS, LLC, SELECT MONEY MANAGEMENT, LLC,

BRUCE KAMINSKI
, AND KANDI LATRECE DANIELS
v. NOEHMI GARCIA

On Appeal from the 96th District Court of Tarrant County , Texas Trial Court Cause No. 0 96

- 344317

- 23

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on
appeal, vacates the trial court ’ s judgment and dismisses the case . The Court orders the

trial judgment dated December 13, 202 3 VACATED
, and the appeal DISMISSED . Costs
of the appeal are adjudged aga inst appell ant s

. We further order this decision certified below for observance.
May 16, 2024
From: Sroka, Kristin Sent: Wednesday, May 06, 2015 3:59 PM To: jburns919@earthlink.net Subject: Test reports for Lee Brick kilns

John , Thank you again for speaking with me earlier today regarding the PM tests on two of Lee Brick’s four kilns. Attached are copies of the test reports for the tests we discussed, as requested. I will be interested to hear your insights after reviewing these. Thanks, Kristin Sroka

Kristin P. Sroka RTI International 3040 Cornwallis Road P.O. Box 12194 Research Triangle Park, NC 27709 Phone: (919) 316
- 3838 Fax: (919) 541
- 7155

<< BIA
- 055_3
- 29
- 2005.pdf >> << BIA
- 055_4
- 25
- 2007.pdf >>

**(*** **Copies of these attachments can be found in the docket as Docket Item Nos. EPA -**  **HQ**   ** OAR** **- 2013**  **- 0291**  **- 0280 and EPA**  **- HQ**  **- OAR**  **- 2013**  **- 0291**  **- 0279, respectively.)**
EXHIBIT 32

                           Section 1350 Certifications
     Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
     with Respect to the North Valley Bancorp Quarterly Report on Form 10-Q
                    for the Quarter ended September 30, 2006


         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of section 1350, chapter 63 of title 18, United States Code), each
of the undersigned officers of North Valley Bancorp, a California corporation
(the "Company"), does hereby certify that:

         1.       The Company's Quarterly Report on Form 10-Q for the quarter
                  ended September 30, 2006 (the "Form 10-Q") fully complies with
                  the requirements of Section 13(a) or 15(d) of the Securities
                  Exchange Act of 1934, as amended; and

         2.       Information contained in the Form 10-Q fairly presents, in all
                  material respects, the financial condition and results of
                  operations of the Company.


Dated:   November 8, 2006           /s/ MICHAEL J. CUSHMAN
         ----------------           --------------------------------------------
                                    Michael J. Cushman
                                    President and Chief Executive Officer
                                    (Principal Executive Officer)



Dated:   November 8, 2006           /s/ KEVIN R. WATSON
         ----------------           --------------------------------------------
                                    Kevin R. Watson
                                    Executive Vice President &
                                    Chief Financial Officer
                                    (Principal Financial Officer & Principal
                                    Accounting Officer)


         A signed original of this written statement required by Section 906 has
been provided to North Valley Bancorp and will be retained by North Valley
Bancorp and furnished to the Securities and Exchange Commission or its staff
upon request.


                                       32
REF ID:A41~Efka5 . 

Dr. 3. · E1. ·Uilk.B 

Department of Mat~tics 

Box 708, ·F'lne HBJ.l . ?rinceton Uni,ver~1ty 

?rincetcn, Hew Jorse7 

. -

Ssri!U.~ t/3 ")/'· 

;tJ-%-Aty 

I am aratifittd at rou.r aaeeptance ¢f the invitation to 

be a member ot o~ new ~Yathematics. Pa.rial in addition to your 

current service as a mom.her ot the Advioory Board itult. 

As ~'OU ·undoubtedly ~ber1 the J'UJ.xh meeting Of the 

!bard will hfll held somcthle t!1is sprina. At that t:ime 1t is 

intended that a r>apart on t;.he pan.el$* mernborahip 'be suboitted 

to the Doard together with som.eproblome that ean be reftirred· 

tor e.poci.fic panel t\ction. Subsequent to t.hi~: Board meeting, 

actual panel a.ctivitte.e should be.1nitlatGd. 

I wi~h to thenk you for your ready' acceptMce ot _, imitation, oinee it :la ·indicat.ive ot your contint.Jing active 

1nterellt .in our p~bl.oms. · · 

AG· 

C/S · . . 

S/ASST (Mr. Friedman) 

CCI 

Sincer~, 

loliiLPH .J. e~:mt::; 

· Lieutimant General, us Amy 

D1rect.or · 

M/R: Acknowledgment of Dr. Wiiks• ltr dtd 4 Jan 54. Dr. Wilks · ·accepts Gen. Canine' s irlvitation for membership on the Me.thematics 

Panel of the NSASAB. . 

ID!Felerski/S/ASST/60493/3. Feb 54 

@'pp roved for Release by NSA on .12-01-2014 pursuantto E .0. 1352a 

, .
--

)Cr. lSor1• c.w It Baplin 

Cr.rpto A.G. 

We1fl))argatre.a1e lO 

Zug, Switzerland 

Dear Jor1•r 

REF ID:A63867 

_) 

!L'b&lk 70U VerJt Jrll.Oh ~or your letter ot 22 January. J(y plan now 1• 

to J.ae.ve Washington by air on ll :rebruar;y and to reach Zug flOltetim& on 

the ath or 13th at lebrua:cy. I YOUld let :you lmow ey telelilone or teJ.e ... graph :trom Jtaria Juat when to expect 'f1l1 air art"ival at Zurich Airport" 

With reference to the order tor the elcWan C-'2 mchima,. 'W• aro 

1omavb&t utoniahed to learn that ;you bad not Jet received. the of'.t'icial 

ol."der. OUr letter to the Sigr;>e.l Co:}1G autborl.tiea in :luropc about thi• 

pUl"~ba.se let't here on 8 December J.954• I em bavillg th.ta toll.owed up 

and J'OU '.11i1Q" be wro the order vUl reach you soon, if' it baa not b;r the 

t1ms this letter reaches ;you. In the meantim1 we are d.eairoua ot having 

®a C-52 -.chi»e .. ~- ... potJ&dble1 to plJq' vith and to continue our 

9'tud1ea, but I lfOUl4 not "Want you to take one rst the •1-ven nachinea 

mmticmed aboVe tar thi• purpc>.t1e. To do 10 vould. on:cy- get ua into 

1ntermimble 4itticul.tie1 with the Signal Corps 1190ple aP1 thi• ahoul.d 

bo- •voided by all means. n.retore, what I propose ~or your kind con-

•ideration ia tbi•t Coul.d 1'0U ~ ua a C-52 Juat u aoon aa om becomes 

a.vaila'ble even U' it vill 1J.ow up, toe.. anall extent., the ahipent of t.he 

•leven machine• on Qi"der. 1'hu loe.n -.e~ could be tw:'x:Ktd. over to tM 

Air Attache b Stockholm, who wculd aee to ita 'be:!Jla t~d by air 

«K.preaa tom in WMhington. ~. mchine could be returned l&te:r on., 

together with the CJC ... 52 on lean, or. it you F*f"er,_ ve 'WOUl.d. keep the 

C-52 a.mi. Mnd 10U a p.irchaae order later on to ¢0Ye'f it. Juet a.a •oon 

u I hear tram ;you :!A this rqard I will have the Air Attache appropriately 

notified and he can pt in touch with Mr. l,Yberg. 

lt the abort operathls illatructiona -ror tho CJC .. 52 cau. be aent to 

- now 'that w1ll 'be tine~ l pl'eSWl10 tbat nthe iwceaeary note• with rep.rd 

to the C-52 exeautionlf are nere]3 in tha form~ .a.dendum to th& wtruations 

tor operatllJ& the OC-52. In any case, Vbatever inatructicmal :ma.terial you be.~ will 1- rece1Ted with.~ thanka. 

I alerted 'llf1' tr1em lf'ith regard to the Can&tl.a book~ ha ha• prond.aed. 

to let• knOV ee.r:Q" thia comilJS week~ he bu QQ4 a.s be expect• to open 

the boxe• this week.end. 

X JlOte vbat ;you aq abou:t the "Weather but I plan to briog 70U better 

atutt in. that l.:!;po. .Attectionate greetings. 

SinceX'el.1, 

@'pp roved for Release by NSA on 06-19-2014 pursuantto E .0. 1352a
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                    
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                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Health Resources and Services Administration

# FOR FURTHER INFORMATION CONTACT:

                        Anyone requiring information regarding the ACCV should contact Annie Herzog, DICP, HSB, HRSA, Room 11C-26, 5600 Fishers Lane, Rockville, Maryland 20857, telephone (301) 443-6593, or email:                         *aherzog@hrsa.gov.*

Jackie Painter,

Director, Division of the Executive Secretariat.

[FR Doc. 2015-05200 Filed 3-6-15; 8:45 am]

 BILLING CODE 4165-15-P
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 19

- 00136

- CR

S TEVEN S EARLS

, Appellant

V

.

T HE S TATE OF T EXAS §

§

§

§

§ On Appeal from the 16th District

Court

of Denton County (F1 7

- 32 68

- 16)

August 27, 2019

Opinion by Justice Bassel

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that the

appeal should be dismissed. It is ordered that the appeal is dismissed for want of

jurisdiction

.

SECO ND DISTRICT COURT OF APPEALS

By /s/ Dabney Bassel

Justice Dabney Bassel
Exhibit 10.8







July 1, 2010




Mr. Eberhard Schoneburg

Suite 2403, Pacific Place Apartments 

Pacific Place, 88 Queensway 

Hong Kong

Re: Amendment to Employment Agreement

 

Dear Eberhard,

This letter sets forth the mutual agreement between you and Artificial Life, Inc.
(the “Company”) concerning an amendment to your employment agreement with the Company dated as of July 1, 2006, as
amended March 28, 2007 and June 1, 2008 (the “Employment Agreement”). This amendment to the Employment Agreement will be
effective as of the date of this letter.



Section 5 of the Employment Agreement is amended to read in its entirety:

Subject to Paragraph 6 hereof, your employment
and appointment hereunder shall be for a fixed term commencing on the date hereof and expiring on December 31, 2014, unless
extended or earlier terminated as provided in accordance with the terms hereof (“the Term”). On December 31, 2014, and each
anniversary thereof, the Term shall be automatically extended for an additional period of one (1) year, unless you or the Company give
written notice of at least ninety (90) days prior to the end of the then current Term indicating that the Term will not be so extended.


Except for the modifications set forth above, the Employment Agreement shall remain
in full force and effect in accordance with its terms. Please sign below to acknowledge your agreement to the terms and conditions of this
amendment to the Employment Agreement.




Yours sincerely, 



/s/ Claudia Alsdorf 

Claudia Alsdorf, Director 



/s/ Dr. Gert Hensel

Dr. Gert Hensel, Director



/s/ Rene Jaeggi

Rene Jaeggi, Director

Confirmed and agreed by 



/s/ Eberhard Schoneburg

Eberhard Schoneburg
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ENRIQUE MARTINEZ,

 Appellant,

v.

THE STATE OF TEXAS,

 Appellee.

§

§

§

§

§

No. 08-12-00320-CR

Appeal from the

41st District Court

of El Paso County, Texas

(TC# 20120D02642)

J U D G M E N T

The Court has considered this cause on the record and concludes there was error in the 

judgment. We therefore reverse the trial court’s judgment and render judgment dismissing the 

indictment against Appellant, in accordance with the opinion of the Court. We further order this 

decision be certified below for observance.

IT IS SO ORDERED THIS 16TH DAY OF NOVEMBER, 2016.

STEVEN L. HUGHES, Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ.