alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1

 

FORM OF

AMENDMENT TO SEVERANCE

AND CHANGE IN CONTROL AGREEMENT

 

This Amendment to the Severance and Change in Control Agreement is made and entered into on October 6, 2015, by and between AAR CORP., a Delaware corporation (the “Company”), and                (“Employee”).

 

WHEREAS, the Company and Employee are parties to a Severance and Change in Control Agreement dated as of           , 20   and amendment dated as of December 18, 2008 (the “Agreement”) and now desire to further amend the Agreement to reflect a technical compliance revision and to provide for a “double-trigger” requirement for accelerated vesting of outstanding equity awards.

 

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Agreement, effective as of October 6, 2015, to read as follows:

 

1.                                      Section 7(a)(2) is amended to read as follows:

 

The Company shall, within 30 days following such termination of employment, pay to Employee in a lump sum, a cash payment in an amount equal to [two] [three] times Employee’s total compensation (base salary plus annual cash bonus) for either the fiscal year of the Company most recently ended prior to the date of termination, or the preceding fiscal year, whichever is the highest total compensation, subject to applicable withholding.

 

2.                                      Section 7(b) is amended to read as follows:

 

In the event that a Change in Control occurs and Employee becomes entitled to the benefits described in Section 7(a) above following termination of employment by the Company for other than Cause or Disability or by Employee for Good Reason, then notwithstanding any conditions or restrictions related to any Award granted to Employee under the AAR CORP. Stock Benefit Plan, 2013 Stock Plan or any successor plan of the Company, (i) all performance opportunity restricted stock shares eligible for award hereunder shall be immediately awarded based on the higher of target or actual performance through the effective date of a Change in Control using the latest data then available to determine goals applicable for the partial performance period, and all restrictions thereon shall be immediately released, and (ii) all outstanding option grants, stock appreciation rights, restricted stock and restricted stock units granted or awarded under the Plan which have not then become vested or exercisable or which remain restricted, shall immediately become vested or

 











 

exercisable and restrictions will lapse, as the case may be, and any such options shall remain exercisable for the full remaining life of the options.

 

IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Agreement on the 6th day of October, 2015.

 

 

	
 
    	
AAR   CORP.
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
 
    
	
 
    	
Its:
    	
 
    
	
 
    	
 
    
	
 
    	
EMPLOYEE
    
	
 
    	
 
    
	
 
    	
 
    


 

2
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 24 - 0 384 STATE OF MONTANA,

Plaintiff and Appellee, v. STUART CHARLES BLACKMAN,

Defendant and Appellant.

**G RANT**  Pursuant to authority granted under Mont. R. App. P. 26(1), the Appellant is given an extension of time until September 2 5 , 2024, to prepare, file, and serve the Appellant’s opening brief.

Electronically signed by: Bowen Greenwood Clerk of the Supreme Court August 19 2024

08/19/2024

Case Number: DA 24-0384
1

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION

Franklin David Jr Harris, et al., 

Plaintiffs, 

v. Case No. 1:17cv540 

Daniel Cooley, et al., Judge Michael R. Barrett 

Defendants. 

ORDER

This matter is before the Court on the Report and Recommendation filed by the 

Magistrate Judge on September 24, 2018 (Doc. 24). 

Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), including 

notice that the parties would waive further appeal if they failed to file objections to the Report 

and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 

1981). No objections to the Magistrate Judge=s Report and Recommendation have been filed. 

Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate 

Judge is hereby ADOPTED. Plaintiffs’ Motion for Entry of Default (Doc. 21) is GRANTED 

IN PART. The Clerk shall enter default against Defendants Daniel Cooley and Kaylay 

Cooley. The Motion (Doc. 21) is DENIED without prejudice to review as to Defendant 

Spraughe consistent with the recommendation by the Magistrate Judge. Plaintiffs’ Motion for 

Entry of Default (Doc. 23) is DENIED AS MOOT. 

IT IS SO ORDERED.

 s/Michael R. Barrett 

Michael R. Barrett, Judge 

United States District Court
<PAGE>
Exhibit 23
to
Form 10-KSB for 1996




Consent Of Independent Accounts

We consent to the incorporation by reference in the registration
statements of LCA-Vision Inc. on Form S-8 (File No. 333-07621) of
our report dated February 21, 1997 on our audits of the consolidated
financial statements of LCA-Vision Inc. as of December 31, 1996 and
1995, and for each of the three years in the period ended December
31, 1996, which report is included in this Annual Report on Form 10-KSB.


/s/Coopers & Lybrand L.L.P.



Coopers & Lybrand L.L.P.

Cincinnati, Ohio
March 27, 1997
[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Proposed Rules]
[Page 2095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00625]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 559

RIN 3141-AA76


Facility License; Correction

AGENCY: National Indian Gaming Commission, Department of the Interior.

ACTION: Proposed rule; correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects the preamble to a proposed rule 
published in the Federal Register of December 1, 2021, regarding 
Facility Licenses. The document contained incorrect dates for 
submitting comments. This correction clarifies that comments are due 
January 31, 2022.

FOR FURTHER INFORMATION CONTACT: Michael Hoenig, 202-632-7003.

SUPPLEMENTARY INFORMATION:

Correction

    In the Federal Register of December 1, 2021, in FR Doc. 2021-25845, 
on page 68200, in the third column, change the DATES caption to read:
    DATES: Written comments on this proposed rule must be received on 
or before January 31, 2022.

    Dated: January 6, 2022.
Michael Hoenig,
General Counsel.
[FR Doc. 2022-00625 Filed 1-12-22; 8:45 am]
BILLING CODE 7565-01-P
<PAGE>   1
                                                                   EXHIBIT 10.52

                                    AGREEMENT

                  AGREEMENT, dated as of February 19, 1999, between GT
INTERACTIVE SOFTWARE CORP., a Delaware corporation (the "Company"), and RONALD
CHAIMOWITZ, the undersigned individual ("Executive").

                  WHEREAS, effective February 8, 1999, the Company employed Mr.
Thomas Heymann as Chairman and Chief Executive Officer of the Company, and such
employment would entitle the Executive to exercise his rights under Sections
5(d)(i)(B) and 5(d)(ii)(C) of the Employment Agreement, dated April 28, 1998,
between Executive and the Company (the "Employment Agreement").

                  NOW THEREFORE, IN CONSIDERATION of the mutual covenants and
agreements hereinafter set forth, the Company and Executive agree as follows:

                  1. CEO of OZM. Executive agrees to remain employed by the
Company, subject to Section 3 hereof, as the Chairman and Chief Executive
Officer of the Company's One Zero Media internet subsidiary ("OZM") and in that
capacity to produce a business plan for OZM (the "Business Plan"), which
Business Plan shall include a strategic plan, as well as business strategies,
projected income, expense, capital expenditure and cash flow through the period
March 31, 2000, which will be delivered to the Board of Directors of the Company
not later than March 17, 1999 and prior thereto discussed with Mr. Heymann.

                  2. Amount in Lieu of Bonus. The Company shall pay to Executive
the amount of One Million Four Hundred Thousand Dollars ($1,400,000) in cash on
or before March 31, 1999, as full payment of all amounts referred to as "60% of
such Base Salary in lieu of bonus," pursuant to Section 5(d)(i) of the
Employment Agreement.

                  3. Termination. If on or before March 31, 1999, the Company
and the Executive do not execute the Amended Employment Agreement in the form
attached hereto as Exhibit A, then either the Company or the Executive may
notify the other that it is not prepared to proceed with the Business Plan, and
in such case, Executive shall promptly terminate his employment with the Company
and OZM and the terms of the Employment Agreement shall govern (except for
amounts referred to as "60% of such Base Salary in lieu of bonus" under Section
5(d)(i) of the Employment Agreement, which amounts will be discharged by the
Company by complying with Section 2 above) and Executive shall be deemed to have
resigned for Good Reason (as defined in Section 5(b) of the Employment
Agreement).


                  IN WITNESS WHEREOF, the Company has caused this Agreement to
be duly executed on its behalf by an officer thereunto duly authorized and
Executive has duly executed this Agreement, all as of the date and year first
written above.



GT INTERACTIVE SOFTWARE CORP.:              EXECUTIVE:



By: /s/ JOSEPH CAYRE                        /S/ RONALD CHAIMOWITZ
   --------------------------               -----------------------------------
Name:    Joseph Cayre                       Ronald Chaimowitz
Title:  Chairman Emeritus
<PAGE>

   
                                                                   Exhibit 23.2a

CONSENT OF ERNST & YOUNG, LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in Registration Statement 
(Form S-8 No. 33-09067) pertaining to the 1995 Non-Employee Directors Stock 
Plan of Ascent Entertainment Group, Inc. of our report on On Command Video 
Corporation dated January 26, 1994, included in the Ascent Entertainment 
Group, Inc. Annual Report (Form 10K/A) for the year ended December 31, 1995, 
filed with the Securities and Exchange Commission.

                                            ERNST & YOUNG LLP


San Jose, California
February 19, 1997
Case: 1:17-cv-00774-SJD Doc #: 55 Filed: 10/02/19 Page: 1 of 1 PAGEID #: 984
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 of Giant Jr.  Investments,  Corp. (the
"Company")  on Form 10-QSB for the period  ending May 31, 2005 as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Javan
Khazali,   Chief  Executive  Officer  and  Chief  Financial  Officer  (Principal
Accounting Officer) of the Company, certify, 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 Exchange Act of 1934; and

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




/s/ Javan Khazali
-------------------
Javan Khazali
Chief Executive Officer
and Chief Financial Officer
(Principal Accounting Officer)
July 15,  2005
Exhibit 99.1

                            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 ESSXsport,  Corp. (the "Company") on
Amendment  No. 2 to Form 10-QSB for the period ending May 31, 2002 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Bruce Caldwell,  Chief Executive Officer and Chief Financial Officer  (Principal
Accounting Officer) of the Company, certify, 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 Exchange Act of 1934; and

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


/s/ Bruce Caldwell
-------------------
Bruce Caldwell
Chief Executive Officer and
Chief Financial Officer
(Principal Accounting Officer)
September 11, 2003
Exhibit 35.1

Servicer Compliance Statement of AmeriCredit Financial Services, Inc.

This Annual Statement as to Compliance is delivered to you pursuant to Section 4.10 (a) of the Sale and Servicing Agreement dated as of
November 14, 2012 (the Agreement) and Item 1123 of Regulation AB, executed in connection with the formation of AmeriCredit Automobile Receivables Trust 2012-5 (the Trust), the issuance of the Notes by the Trust and
the closing of the transactions and the execution and delivery of the various documents by General Motors Financial Company, Inc. (f/k/a AmeriCredit Corp.), AmeriCredit Financial Services, Inc. (the Servicer) and AFS SenSub Corp. in
connection therewith. The capitalized terms used herein shall have the same meanings as in the Agreement.

The undersigned certifies that
I am the Executive Vice President, Accounting Corporate Controller of the Servicer. I further certify as follows:



| | 1. | I have conducted, or caused to be conducted under my supervision, a review of the Servicer during the preceding period from January 1, 2013 through December 31, 2013, and its performance under the Agreement.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, following such review, the Servicer has fulfilled all its obligations under the Agreement throughout such period, and, to the best of my knowledge, there has been no default in the
fulfillment of any such obligation.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

AmeriCredit Financial Services, Inc.



|    |  |                                 |  |  |  |                      
|--- |  | ------------------------------- |  |  |  | ---------------------
|By: |  | /s/ Connie Coffey               |  |  |  | Dated: March 28, 2014
|    |  | Connie Coffey                   |  |  |  |                      
|    |  | Executive Vice President,       |  |  |  |                      
|    |  | Accounting Corporate Controller |  |  |  |
No. 70359 

FILED 

JUN 1 0 2016 

IN THE SUPREME COURT OF THE STATE OF NEVADA 

TANYA WALLACE, 

Petitioner, 

vs. 

THE EIGHTH JUDICIAL DISTRICT 

COURT OF THE STATE OF NEVADA, 

IN AND FOR THE COUNTY OF 

CLARK; AND THE HONORABLE 

LINDA MARIE BELL, DISTRICT 

JUDGE, 

Respondents, 

and 

THE ESTATE OF DAVID L. WALLACE; 

AND SHAFFER C. SMITH, 

Real Parties in Interest. 

ORDER DENYING PETITION FOR WRIT OF MANDAMUS 

This original petition for a writ of mandamus challenges 

district court oral decisions granting a joint motion for a good-faith 

settlement determination, determining that petitioner lacked standing to 

amend real party in interest The Estate of David L. Wallace's complaint, 

and vacating a May 9, 2016, trial date in a contract action. 

Having reviewed the petition, we are not persuaded that our 

extraordinary and discretionary intervention is warranted. NRS 34.160; 

Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 

179 P.3d 556, 558 (2008); Pan v. Eighth Judicial Dist. Court, 120 Nev. 

222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 

107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular, 

petitioner has not met her burden to demonstrate that an appeal from an 

adverse final judgment would not be an adequate legal remedy. Pan, 120 

Nev. at 224, 88 P.3d at 841; see Rust v. Clark Cty. Sch. Dist., 103 Nev. 686, 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A wee.. LQ-4 qo 
688-89, 747 P.2d 1380, 1382 (1987) (noting that an oral pronouncement 

from the bench is not valid for any purpose and the district court remains 

free to reconsider its ruling before issuing a written order). Accordingly, 

we 

ORDER the petition DENIED. 

Hardesty 

Pickering 

cc: Hon. Linda Marie Bell, District Judge 

David Lee Phillips & Associates 

Snell & Wilmer, LLP/Las Vegas 

Hutchison & Steffen, LLC 

Eighth District Court Clerk 

SUPREME COURT 

OF 

NEVADA 2 

(0) 1947A e
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                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice: 11616]

# SUMMARY:

                        Notice is hereby given of the following determinations: I hereby determine that certain objects being imported from abroad pursuant to agreements with their foreign owners or custodians for temporary conservation and display in the exhibition “Henri Matisse: The Red Studio” at The Museum of Modern Art, New York, New York, and at possible additional exhibitions or venues yet to be determined, are of cultural significance, and, further, that their temporary conservation and exhibition or display within the United States as aforementioned are in the national interest. I have ordered that Public Notice of these determinations be published in the                         **Federal Register**                        .                    

# FOR FURTHER INFORMATION CONTACT:

                        Chi D. Tran, Program Administrator, Office of the Legal Adviser, U.S. Department of                               ( print page 536)                            State (telephone: 202-632-6471; email:                         *section2459@state.gov*). The mailing address is U.S. Department of State, L/PD, 2200 C Street NW (SA-5), Suite 5H03, Washington, DC 20522-0505.                    

# SUPPLEMENTARY INFORMATION:

                    The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                     *et seq.;*22 U.S.C. 6501 note,                     *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 2000, and Delegation of Authority No. 523 of December 22, 2021.                

Stacy E. White,

Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State.

[FR Doc. 2021-28511 Filed 1-4-22; 8:45 am]

BILLING CODE 4710-05-P
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-86,477-01

EX PARTE JUAN MARTIN LOPEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. CR-04-0780-A IN THE 22ND DISTRICT COURT

FROM HAYS COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). A jury convicted Applicant of several

child-sex offenses against four victims. There was no direct appeal. 

Applicant argues that he is actually innocent. He states that two of the four victims provided

recantations, and the State argues why the recantations are not credible. These recantations were not

made part of the habeas record to this Court, and the trial court did not hold an evidentiary hearing. 

We believe that, in recantation cases such as this one, before we make the important decision of

whether Applicant is entitled to relief, the record should be more fully developed. The trial court
-2-

shall therefore conduct a live evidentiary hearing on the matter. The trial court shall weigh the

evidence of Applicant’s guilt, including all of the testimony at trial, against the new evidence of

innocence. See Ex parte Tuley, 109 S.W.3d 388, 393 (Tex. Crim. App. 2002). The trial court shall

enter findings of fact as to the credibility of each witness and as to whether Applicant is actually

innocent of the offenses. The trial court shall also supplement the record to this Court with the

recantations Applicant provided.

It does not appear that Applicant is represented by habeas counsel. If not, the trial court,

within 30 days of the date of this order, shall determine whether Applicant is indigent. If Applicant

is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to

represent Applicant at the evidentiary hearing. TEX. CODE CRIM. PROC. art. 26.04. 

This application will be held in abeyance until the trial court has resolved the fact issues. The

issues shall be resolved within 90 days of this order. A supplemental transcript containing all

affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or

deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall

be forwarded to this Court within 120 days of the date of this order. Any extensions of time must

be requested by the trial court and shall be obtained from this Court. 

Delivered: April 12, 2017

Do not publish
Exhibit 32.1




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




In connection with the Quarterly Report on Form 10-Q of Rackspace Hosting, Inc. for the quarterly period ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), A. Lanham Napier, as Principal Executive Officer of Rackspace Hosting, Inc., hereby certifies, 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 his knowledge the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Rackspace Hosting, Inc.





Date: May 5, 2010



By:

/s/ A. Lanham NapierA. Lanham NapierChief Executive Officer, President and Director

(Principal Executive Officer)