alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
##### 



Exhibit 10.40
 AMENDMENT TO THE
TOLLGRADE COMMUNICATIONS, INC.
1995 LONG-TERM INCENTIVE COMPENSATION PLAN
       9.4
    
    Form and Timing of Payment of Performance Units/Shares.Payment of earned
Performance Units/Shares shall be made in a single lump sum within 2 1/2 months following
the close of the applicable Performance Period. Subject to the terms of this Plan, the
Appropriate Administrator, in its sole discretion, may pay earned Performance
Units/Shares in the form of cash or in Shares (or in a combination thereof) which have
an aggregate Fair Market Value equal to the value of the earned Performance
Units/Shares at the close of the applicable Performance Period. Such Shares may be
granted subject to any restrictions deemed appropriate by the Appropriate
Administrator.
   TOLLGRADE COMMUNICATIONS, INC.By:
    /s/ Sara M. AntolTitle:
    General Counsel and Secretary
1 

IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF OHIO 

 WESTERN DIVISION AT CINCINNATI

LADON SMITH, 

Petitioner, : Case No. 1:17-cv-570 

- vs - District Judge Michael R. Barrett 

Magistrate Judge Michael R. Merz 

WARDEN, 

 Chillicothe Correctional Institution 

 : 

 Respondent. 

DECISION AND ORDER DENYING MOTIONS FOR CERTIFICATE 

OF APPEALABILITY AND FOR LEAVE TO APPEAL IN FORMA 

PAUPERIS 

 

 This habeas corpus case is before the Court on Petitioner’s Notice of Appeal (ECF No. 19) 

and his associated Motions for Certificate of Appealability (ECF No. 21) and Leave to Appeal in 

forma pauperis (ECF No. 20). 

 The Notice of Appeal is from the Order Judge Barrett entered September 6, 2018, which 

Petitioner understands to be a “final order.” However, the Order of September 6, 2018, is not a 

final appealable order. Judge Barrett has not yet entered a final order in the case. Presumably he 

will do so when he resolves Petitioner’s Objections (ECF Nos. to the Report and 

Recommendations on the merits (ECF No. 13). As required by Habeas Rule 11, such a final order 

will itself contain a decision on a certificate of appealability and a recommendation to the Sixth 

Circuit on in forma pauperis status on appeal. 
2 

 The September 6, 2018, Order which Petitioner is attempting to appeal was not a final 

order. Rather, it adopted the Report and Recommendations (ECF No. 17) on the Motion for 

Reconsideration (ECF No. 16) when Petitioner failed to file any objections to that Report. 

 Under 28 U.S.C. § 1291, a litigant may appeal to the circuit court only from final orders of 

a district court. Because the Order of September 6, 2018, is not a final order, it is not appealable. 

Therefore the instant Motions (ECF Nos. 20 and 21) are denied as moot. 

October 10, 2018. 

 s/ Michael R. Merz

 United States Magistrate Judge
##### 



Exhibit 99.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND
CHIEF FINANCIAL OFFICER

PURSUANT TO


18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002


I, Steve Jobs, certify, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the
Annual report of Pixar on Form 10-K for the annual period
ended December 28, 2002 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such
Form 10-K fairly presents in all material respects the
financial condition and results of operations of Pixar.



| |     |               
| | --- | --------------
| | By: | /s/ STEVE JOBS

| |                                                 
| | ------------------------------------------------
| |                                                 
| | Name: Steve Jobs                                
| | Title:  Chairman and Chief Executive
    Officer

I, Ann Mather, certify, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the
Annual report of Pixar on Form 10-K for the annual period
ended December 28, 2002 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such
Form 10-K fairly presents in all material respects the
financial condition and results of operations of Pixar.



| |     |               
| | --- | --------------
| | By: | /s/ ANN MATHER

| |                 
| | ----------------
| |                 
| | Name: Ann Mather

| |        |                                                           
| | ------ | ----------------------------------------------------------
| | Title: | Executive Vice President and 
     Chief Financial Officer
**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 of CTT International Distributors Inc.
      (“CTT”) on Form 10-QSB for the period ending June 30, 2005 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Amit
      Sankhala, President, Chief Executive Officer of CTT and sole member of the
      Board
      of Directors, certify, 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; and




(2)
        The information contained in the Report fairly represents, the financial
      condition and result of operations of CTT.








*/s/
      Amit Sankhala*


Amit
      Sankhala


Chief
      Executive Officer






August
      10, 2005













**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 of CTT International Distributors Inc.
      (“CTT”) on Form 10-QSB for the period ending June 30, 2005 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Amit
      Sankhala, Treasurer and Chief Financial Officer of CTT, certify, 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; and




(2)
        The information contained in the Report fairly represents, the financial
      condition and result of operations of CTT.








*/s/
      Amit Sankhala*


Amit
      Sankhala


Chief
      Financial Officer






August
      10, 2005
Exhibit 99.1
                                                                    ------------



                       THE FIRST NATIONAL BANK OF ATLANTA

                        WACHOVIA CREDIT CARD MASTER TRUST


The undersigned, a duly authorized representative of The First National Bank of
Atlanta ("FNBA"), as Servicer pursuant to Amended and Restated Pooling and
Servicing Agreement dated as of June 4, 1999 (the "Pooling and Servicing
Agreement") by and between FNBA and The Bank of New York (Delaware), as trustee
(the "Trustee") does hereby certify that:

      1.  FNBA is Servicer under the Pooling and Servicing Agreement.

      2.  The undersigned is duly authorized pursuant to the Pooling and
          Servicing Agreement to execute and deliver this Certificate to the
          Trustee.

      3.  This certificate is delivered pursuant to Section 3.5 of the Pooling
          and Servicing Agreement.

      4.  A review of the activities of the Servicer during the period of
          November 1, 1999 to October 31, 2000 was conducted under the
          supervision of a servicing officer of FNBA.

      5.  Based on such review, the Servicer has, to the best of the knowledge
          of the undersigned, fully performed all its obligations under the
          Pooling and Servicing Agreement throughout such period and no default
          in the performance of such obligations has occurred or is continuing
          except as set forth in paragraph 6 below.

      6.  The following is a description of each default in the performance of
          the Servicer's obligations under the provisions of the Pooling and
          Servicing Agreement, including any Supplement, known to the
          undersigned to have been made during such period which sets forth in
          detail (i) the nature of each such default, (ii) the action taken by
          the Servicer, if any, to remedy each such default and (iii) the
          current status of each such fault:

                                      None


IN WITNESS WHEREOF, the undersigned has duly executed this certificate this 14th
day of November, 2000.

                                                     /s/ Michael L. Scheuerman
                                                     ---------------------------
                                                     Michael L. Scheuerman
                                                     Senior Vice President

                                       7
**Exhibit 10.41**
**Fourth Extension Agreement**
     This Fourth Extension Agreement is dated December 14, 2004 between TollgradeCommunications, Inc., having an address at 493 Nixon Road, Cheswick, PA 15024 (“Tollgrade”) andDictaphone Corporation, acting through its Electronic Manufacturing Services Division, with anaddress at 3900 W. Sarno Rd., Melbourne, FL 32934 (“Dictaphone”).
     **WHEREAS**, Tollgrade (as successor in interest to Acterna Corporation) and Dictaphone areparties to a Supply Agreement dated July 25, 2002, which sets forth the terms pursuant to whichDictaphone manufactures and supplies to Tollgrade, and Tollgrade purchases from Dictaphone, certainproducts (the “Supply Agreement”);
     **WHEREAS**, the Supply Agreement was initially scheduled to expire on July 24, 2004, and has beensuccessively extended through December 31, 2004;
     **WHEREAS**, Tollgrade and Dictaphone desire to replace the Supply Agreement with a new supplyagreement, but have not yet completed negotiations with respect to such new supply agreement; and
     **WHEREAS**, Tollgrade and Dictaphone desire to further extend the term of the Supply Agreementthrough March 31, 2005 or until a new supply agreement is executed, if sooner;
     **NOW THEREFORE**, in consideration of the premises contained herein and for other good andvaluable consideration, the parties agree as follows:
     **1. ****Extension of Supply Agreement****.**The parties hereby agree that the Supply Agreementis hereby extended through March 31, 2005 or until such time as the parties execute a new supplyagreement, if sooner.
     **2. ****Miscellaneous****.**Except as extended hereby, the provisions of the Supply Agreementshall remain in full force and effect. This Fourth Extension Agreement will be governed in allrespects by the laws of the Commonwealth of Pennsylvania without reference to any choice of lawprovisions. This Fourth Extension Agreement may be executed in any number of counterparts and bythe different parties hereto on separate counterparts, each of which, when so executed, shall bedeemed an original, but all such counterparts shall constitute but one and the same instrument.
     IN WITNESS WHEREOF, the parties have hereunto set their hands the date first above written.         **TOLLGRADE COMMUNICATIONS, INC.**   **DICTAPHONE CORPORATION**         By: /s/ Jennifer M. Reinke   By: /s/ James Davis        Name: Jennifer M. Reinke   Name: James DavisTitle: Asst. Secretary   Title: Sr. VP, Operations
H. R. 4314 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and nine 

An Act 

To permit continued financing of Government operations. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. CONTINUED FINANCING OF GOVERNMENT OPERATIONS. 

Subsection (b) of section 3101 of title 31, United States Code, 

is amended by striking the dollar amount contained therein and 

inserting ‘‘$12,394,000,000,000’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
UNITED STATES SECURITIES AND EXCHANGE
COMMISSION Washington, D.C. 20549

FORM 8-K

CURRENT REPORT Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported)  November 4, 2003

MAGNUM HUNTER
RESOURCES, INC. (Exact name of registrant as specified in its charter)

|Nevada                                                         | 1-12508                 | 87-0462881                       
|-------------------------------------------------------------- | ----------------------- | ---------------------------------
|(State or other jurisdiction of incorporation or organization) | (Commission File Number | (IRS Employer Identification No.)

600 East Las Colinas
Blvd., Suite 1100, Irving, Texas 75039(Address of principal
executive offices)        (Zip Code)

Registrant's telephone number, including area code   (972)
401-0752

(Former
name or former address, if changed since last report)

Item 12. Results of Operations and
Financial Condition.

The
following information shall not be deemed filed for purposes of Section 18 of
the Securities Act of 1934, nor shall it be deemed incorporated by reference in any filing
under the Securities Act of 1933, except as shall be expressly set forth by specific
reference in such a filing.

On
November 4, 2003, Magnum Hunter Resources, Inc. reported its second quarter 2003 financial
results.

Item 7. Financial Statements and
Exhibits.

(c)
Exhibits

99.1 Press
Release, dated November 4, 2003.

SIGNATURES

Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused
this report to be signed on its behalf by the undersigned hereunto duly authorized.

| | MAGNUM HUNTER RESOURCES, INC.BY:  /s/ Chris TongChris TongSr. Vice President and CFO
| | ------------------------------------------------------------------------------------

Dated:       November 4, 2003
**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 of CTT International Distributors Inc.
(“CTT”) on Form 10-QSB for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Amit
Sankhala, President, Chief Executive Officer of CTT and sole member of the Board
of Directors, certify, 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; and




(2)
  The information contained in the Report fairly represents, the financial
condition and result of operations of CTT.








*/s/
Amit Sankhala*


Amit
Sankhala


Chief
Executive Officer






May 13,
2005







***EX 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 of CTT International Distributors Inc.
(“CTT”) on Form 10-QSB for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Amit
Sankhala, Treasurer and Chief Financial Officer of CTT, certify, 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; and




(2)
  The information contained in the Report fairly represents, the financial
condition and result of operations of CTT.










*/s/
Amit Sankhala*


Amit
Sankhala


Chief
Financial Officer






May 13,
2005






***EX 32
- 2***
hwsy_ex1016.htm



EXHIBIT 10.16


 


AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT










THIS AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT, dated as of May 19, 2010 (this “Amendment”), by and between Mr. Michael Diamant, a resident of the State of Florida (the “Executive”), and Hawk Systems, Inc., a Delaware corporation (collectively, the “Company”).


 


WHEREAS, reference is hereby made to that certain Employment Agreement (the “Agreement”), dated as of December 15, 2009, by and among the Executive and the Company as amended on January 19, 2010.


 


WHEREAS, the Executive and the Company wish to amend certain provisions of the Agreement as set forth herein;


 


NOW, THEREFORE, for and in consideration of the mutual promises and covenants other agreements contained in this Amendment the Executive and the Company hereby agree to amend the Agreement as follows:


 


1.    Defined Terms; Conflicting Documents.  All capitalized terms used but not defined herein shall have the meaning set forth in the Agreement.  In the event of any conflict between the Agreement and this Amendment, this Amendment shall prevail and govern.







2.    Amendment to Section 3(a): Salary. Subsection (a) of Section 3 of the Agreement is deleted in its entirety and replaced with the following new subsection:







(a) Salary.  The Company shall pay the Executive a salary at the annual rate of Five Hundred Thousand Dollars ($500,000.00) per year (“Base Salary”).  The Base Salary due the Executive hereunder shall be payable as follows: (i) Four Hundred Thousand Dollars ($400,000) shall be payable in cash, in equal monthly installments, less any amounts required to be withheld by the Company from time to time from such salary under any applicable federal, state or local income tax laws or similar laws then in effect; and (ii) One Hundred Thousand Dollars ($100,000) shall be payable in common stock of the Company.







3.    Ratification. Except as specifically herein amended and modified, all terms and conditions of the Agreement remain unchanged and in full force and effect.


 







[Signature Page Follows]


 




  





  











  




 


IN WITNESS WHEREOF, the parties have duly executed this Amendment as of the date first above written.


 




	 	HAWK SYSTEMS, INC., a Delaware corporation	 
	 	 	 	 
	
 

	
By: 

	/s/ David Coriaty	 
	 	 	Name: David Coriaty	 
	 	 	Title: Director	 
	 	 	 	 
	 	 	 	 
	 	/s/ Michael Diamant	 
	 	Michael Diamant	 





 





 






-2-
#### D. W. Perdue, plaintiff in error, vs. Samuel Bailey, defendant in error.

Where the verdict was contrary to a legal charge, a new trial should he granted. -

New trial. Charge of Court. Before Judge Hall. Pike Superior Court. April Term, 1874.

For the facts, see the decision.

L. T. Doyal; Boynton & Dismuke, for plaintiff in error.

Speer *&*Stewart, for defendant.

Warner, Chief Justice.

The plaintiff brought an action against the defendant on a promissory note for $228 00. The record does not show that the defendant filed any plea to the action, but on the trial the defendant offered evidence going to show that the note was given to the plaintiff in ignorance of his legal rights, and. that the same was without consideration. This evidence appears to have been introduced without objection. The jury found a verdict in favor of the plaintiff for three dollars only. A motion was made for a new trial by the plaintiff, on the ground that the verdict was contrary to the evidence and without evidence to support it, and contrary to the charge oí the court. The court sustained the motion, and granted a new trial whereupon the defendant excepted. It does not appear from the bill of exceptions as certified by the presiding judge, what the court did charge.the jury, and the defendant did not except to the charge of the court. Assuming-that the court charged the law correctly, in the absence of all knowledge as to what it did charge, and the court having granted a new trial on the ground that the verdict was contrary to its charge, we will not interfere with the discretion of the court in granting the new trial on the statement of facts as now presented in the record before us, but we express no opinion as to the merits of' the *334rights of the respective parties under the evidence offered at the trial.

Let the judgment of the court below be affirmed.
<PAGE>
Exhibit E-3

7 June 2001

EIDOS PLC: BOARD CHANGES

APPOINTMENT OF FINANCE DIRECTOR

Eidos plc ("Eidos") today announced the appointment of Stuart Cruickshank,
aged 47, as Finance Director. Stuart joins Eidos from Kingfisher PLC where he
was the Finance Director of Woolworths. Prior to joining Kingfisher, Stuart
was at United Biscuits where he worked in the corporate headquarters, McVities
U.K. and KP Foods. Stuart has also worked at Grand Metropolitan and Whitbread,
where he undertook a wide variety of financial roles. Stuart will join Eidos
on 3rd September.

Mike McGarvey, Chief Executive Officer of Eidos plc said:

"I am delighted that Stuart is joining the Group. He brings to Eidos many
years of broad commercial and financial experience in the retail and consumer
industries. Stuart joins the Group at an important stage, as the video games
industry enters an expected growth phase on the back of the launch of next
generation consoles from Sony, Microsoft and Nintendo together with the
associated software".

There are no details that are required to be disclosed under paragraphs
16.4(a) or 6.F.2(b) to (g) of the Listing Rules of the U.K. Listing Authority.

Enquiries:

Eidos plc:
Michael McGarvey, Chief Executive Officer 020-8636 3000

Brunswick:
Jonathan Glass 020-7404 5959
James Crampton

                                      E3-1
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4214 Enrolled Bill (ENR)]

        H.R.4214

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 An Act

 
To designate the facility of the United States Postal Service located at 
  45300 Portola Avenue in Palm Desert, California, as the ``Roy Wilson 
                             Post Office''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. ROY WILSON POST OFFICE.
    (a) Designation.--The facility of the United States Postal Service 
located at 45300 Portola Avenue in Palm Desert, California, shall be 
known and designated as the ``Roy Wilson Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Roy Wilson 
Post Office''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```