alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.79


 


AMENDMENT NO. 2


TO


SEVERANCE AGREEMENT


 


This Amendment No. 2
(this “Amendment”), dated as of January 12, 2009, amends that
certain Severance Agreement (the “Agreement”) entered into on April 4,
2008, by and between Force Protection, Inc., a Nevada corporation (the “Company”),
and Daniel Busher (the “Executive”).


 


WHEREAS, in order to correct a “scrivener’s error in
the language in Section 5 of the Agreement, the Company and the Executive
desire to enter into this Amendment to amend certain provisions of the
Agreement.


 


NOW,
THEREFORE, for and in
consideration of the promises and the mutual covenants and agreements in the
Agreement and herein, the Company and the Executive hereby agree as follows:


 


1.                                       Capitalized Terms. 
Capitalized terms that are not defined in this Amendment shall have the
meanings ascribed thereto in the Agreement.


 


2.                                       Section 5 of the Agreement is amended in
its entirety to read as follows:


 


“5.            
Payments Upon Non-Qualifying Termination of
Employment.  If
the Executive’s employment with the Company shall terminate by reason of a
Nonqualifying Termination, then the Company shall pay to the Executive (or the
Executive’s beneficiary or estate) within thirty (30) days following the Date
of Termination, a lump-sum cash amount equal to the Accrued Amounts (other than
the amount described in Section 3(a)(ii) if the Executive is
terminated by the Company for Cause) and provide the Other Benefits.”


 


3.                                       Counterparts.  This
Amendment may be executed (including by facsimile transmission confirmed
promptly thereafter by actual delivery of executed counterparts) in
counterparts, each of which shall be deemed to be an original and all of which
together shall constitute one and the same instrument.


 


4.                                       Governing Law.  This
Amendment shall be governed by, and construed and enforced in accordance with,
the internal laws of the State of South Carolina without regard to the
principle of conflicts of laws.


 


5.                                       Headings.  Section headings
are for convenience only and shall not be considered a part of this Amendment.


 

















 


IN
WITNESS WHEREOF, the
Company and the Executive have caused this Amendment No. 2 to be executed,
effective as of the date first written above.


 


 


	
   

  	
  FORCE
  PROTECTION, INC.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/
  Lenna Ruth Macdonald

  
	
   

  	
  Name: Lenna Ruth Macdonald

  
	
   

  	
  Title: Chief Strategy Officer, General
  Counsel & Corporate Secretary 

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  EXECUTIVE

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/
  Daniel Busher

  
	
   

  	
  Name:
  Daniel Busher

  
	
   

  	
  Title:
  Executive Vice President, Operations
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE ADEN
ENTERPRISES, INC. ANNUAL REPORT ON FORM 10-K FOR THE PERIOD ENDED APRIL 30, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                  1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              APR-30-1999
<PERIOD-START>                                 MAY-01-1998
<PERIOD-END>                                   APR-30-1999
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  302
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               302
<PP&E>                                         34
<DEPRECIATION>                                 13
<TOTAL-ASSETS>                                 378
<CURRENT-LIABILITIES>                          11,098
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       4,055
<OTHER-SE>                                     (14,725)
<TOTAL-LIABILITY-AND-EQUITY>                   378
<SALES>                                        98
<TOTAL-REVENUES>                               98
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               3,237
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             666
<INCOME-PRETAX>                                (3,805)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (3,805)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (3,805)
<EPS-BASIC>                                  (0.05)<F1>
<EPS-DILUTED>                                  (0.05)
<FN>
<F1>REFLECTS BASIC EPS ACCORDING TO SFAS 128
</FN>


</TABLE>
<PAGE>
                                                                               .
                                                                               .
                                                                               .
                                                                     Exhibit 8.1

                                  SUBSIDIARIES

<TABLE>
<CAPTION>
                                                                LOCATION AND
               NAME                                        COUNTRY OF INCORPORATION
               ----                                    ----------------------------------
<S>                                                    <C>
BE Semiconductor Industries USA, Inc.                  Londonderry, New Hampshire, USA
Fico B.V.                                              Duiven, the Netherlands
Fico Molding Systems B.V.                              Duiven, the Netherlands
Fico Trim & Form Integration Systems B.V.              Duiven, the Netherlands
Fico Tooling B.V.                                      Duiven, the Netherlands
Fico Tooling Leshan Company Ltd.                       Leshan, China
Fico Asia SDN. BHD.                                    Shah Alam, Malaysia
Fico America Inc.                                      Chandler, Arizona, USA
ASM Fico (F.E.) SDN. BHD.                              Shah Alam, Malaysia
Besi Korea Ltd.                                        Seoul, Korea
Fico Hong Kong Ltd.                                    Hong Kong, China
Nihon Fico Ltd.                                        Tokyo, Japan
Fico Sales & Service Pte. Ltd.                         Singapore
Meco International B.V.                                Drunen, the Netherlands
Meco Equipment Engineers B.V.                          Drunen, the Netherlands
Besi Japan Co. Ltd.                                    Tokyo, Japan
Meco Equipment Engineers Inc.                          Rock Hill, South Carolina, USA
Meco Equipment Engineers (Far East) Pte Ltd.           Singapore
Besi Die Handling Inc.                                 Londonderry, New Hampshire, USA
</TABLE>
EXHIBIT 32.1


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

     In connection with the Annual Report of Maxi Group, Inc. (the "Company") on
Form 10-KSB for the period ended December 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Alvin Estevez,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that, to the
best of my knowledge:

     (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/ Alvin Estevez
Chief Executive Officer
March 29, 2005
ACRONYMS AND ABBREVIATIONS 

AEC Annual Energy Consumption 

AEO Annual Energy Outlook 

ANOPR Advance Notice of Proposed Rulemaking 

ANSI American National Standards Institute 

ASHRAE American Society of Heating, Refrigeration and Air-Conditioning 

Engineers 

BOM bill of materials 

BT building technologies 

BTU British thermal units 

BVM	 beverage vending machine 

CBEC Commercial Building Energy Consumption Survey 

CEC compressor energy consumption 

CFC chlorofluorocarbons 

CFR Code of Federal Regulations 

COGS cost of goods sold 

CRE commercial refrigeration equipment 

CRI color rendering index 

CMER consumer marginal energy rates 

CSL candidate standard level 

DAT discharge air temperature 

DC direct current 

DEC daily energy consumption 

DOE U.S. Department of Energy 

DOJ	 U.S. Department of Justice 

ECM electronically commutated motors 

EER energy efficiency ratio 

EHD electro-hydrodynamic 

EIA Energy Information Administration 

EPA U.S. Environmental Protection Agency 

EPACT 1992 Energy Policy Act of 1992 

EPACT 2005 Energy Policy Act of 2005 

EPCA Energy Policy and Conservation Act of 1975 

°F degrees Fahrenheit 

FTC U.S. Federal Trade Commission 

GRIM Government Regulatory Impact Model 

HCFC hydrocholorofluorcarbon 

HFC hydrofluorocarbon 

INC incremental cost 

ImSET Impact of Sector Energy Technologies 

kWh kilowatt hours 

LCC life-cycle cost 

LED light emitting diode 

Low-E low-emissivity 

LSHX liquid-suction heat exchangers 

AA-i 

EERE-2006-STD-0125 COMMENT 74
MPC manufacturing production cost 

MIA manufacturer impact analysis 

MLP manufacturer list price 

MPC manufacturer production cost 

MSP manufacturer selling price 

NAICS North American Industry Classification System 

NEMS National Energy Modeling System 

NES national energy savings 

NIA national impact analysis 

NPV net present value 

NOPR Notice of Proposed Rulemaking 

ODP ozone depletion potential 

PBP payback period 

PPI producer price indices 

PSI pounds per square inch 

PSC permanent split capacitor 

R&D research and development 

RTTC Refrigeration and Thermal Test Center 

RIA regulatory impact analysis 

SBA U.S. Small Business Administration 

SCT saturated condenser temperature 

SEC U.S. Securities Exchange Commission 

SET saturated evaporator temperature 

SPM shaded-pole motors 

TSD Technical Support Document 

TSL trial standard level 

USC United States Code 

W watt 

WACC weighted-average cost of capital 

AA-ii 

EERE-2006-STD-0125 COMMENT 74
H. Con. Res. 28 Agreed to April 12, 2021

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Sunday, 

the third day of January, two thousand and twenty-one 

Concurrent Resolution 

Resolved by the House of Representatives (the Senate concurring), That the Architect of the Capitol is authorized and directed 

to transfer the catafalque which is situated in the Capitol Visitor 

Center to the rotunda of the Capitol so that such catafalque may 

be used in connection with services to be conducted there for United 

States Capitol Police Officer William F. Evans. 

Attest: 

Clerk of the House of Representatives. 

Attest: 

Secretary of the Senate.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1048 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 1048

 To prohibit the transfer or release of individuals detained at United 
   States Naval Station, Guantanamo Bay, Cuba, to the United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2021

  Mr. Duncan introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To prohibit the transfer or release of individuals detained at United 
   States Naval Station, Guantanamo Bay, Cuba, to the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON TRANSFER OR RELEASE OF INDIVIDUALS DETAINED 
              AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO 
              THE UNITED STATES.

    No amounts authorized to be appropriated or otherwise made 
available for the Department of Defense for any fiscal year may be used 
to transfer, release, or assist in the transfer of or release to or 
within the United States, its territories, or possessions Khalid Sheikh 
Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after January 20, 2009, at United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
                                 <all>
```
Why Do We Call it ARNG 4.0?

In the history of the All Volunteer Force, the ARNG has experienced four phases 

of development towards becoming an operational reserve:

ARNG 1.0 — The ARNG saw the need to increase professionalism within its ranks following 

the end of the Vietnam War. The introduction of the all-volunteer force necessitated a new role for 

the ARNG. The Total Force Policy, or “Abrams Doctrine,” increased reliance on the ARNG, but 

only as part of the Nation’s strategic reserve. 

ARNG 2.0 — The Reagan–era military increased emphasis on training and professionalism 

across the Army. Though standards for training spread across the Total Army, units fell into a 

system of tiered readiness and older equipment from the Active Component was used to equip the 

ARNG. A number of initiatives were introduced during this era to maintain a higher level of 

readiness. “Round out” maneuver brigades were assigned to Active Component units, and the 

1993 Offsite Agreement restructured capabilities between the ARNG and the Army Reserve. By 

the end of the 1990s, the ARNG was taking on an increasing number of international assistance 

and peace-keeping missions in Bosnia and Kosovo—a precursor to larger deployments in the 

future.

ARNG 3.0 — The terrorist attacks of September 11, 2001 forever changed the ARNG. As the 

ARNG increased the homeland defense mission, it also began the largest mobilization of ARNG 

Soldiers since WWII. For 16 years, the Army National Guard became an operational reserve, 

fighting wars in Iraq and Afghanistan while simultaneously providing forces for rotational 

deterrence and peacekeeping missions. During this era, the ARNG prepared for rotational 

deployments with long lead times. With the benefit of modern equipment, lengthy post-mobilization 

training periods and combat-proven leadership, it quickly became the best-manned, trained and 

equipped force in the history of the National Guard. 

ARNG 4.0 — Today, the ARNG is in the midst of another evolutionary shift. The ARNG maintains its identity as the operational reserve of the all-volunteer Army, one that is trained and 

equipped better than in the past. ARNG 4.0 builds on the organization’s heritage as America’s first 

responder by preparing our Soldiers to train, fight, win, and return home safely with little or no 

notice. With the smallest Active Component Army since WWII, the ARNG must be poised to excel 

at any mission the Nation requires of us.

Why do we need to build readiness?

History shows us the tragic consequences of neglecting combat readiness. The history of 

America’s Army includes momentous defeats during the first engagements of major wars. The First 

Battle of Bull Run in the Civil War, the Battle of Kasserine Pass in the early years of World War II 

and the fate of Task Force Smith in the Korean War all serve as examples. America’s Army fought 

and lost these battles because units were unprepared for combat operations against a peer 

adversary.

FOUNDATIONS

 ARNG 4.0
#### Marie MILLER, Appellant, v. Earl B. SMITH, Appellee.

No. 12934.

United States Court of Appeals District of Columbia Circuit.

Argued April 9, 1956.

Decided April 19, 1956.

Mr. Louis Ginberg, Washington, D. C., for appellant.

Mr. John P. Arness, Washington, D. C., with whom Mr. John J. Sirica, Washington, D. C., was on the brief, for appellee.

Before EDGERTON, Chief Judge, and BAZELON and DANAHER, Circuit Judges.

PER CURIAM.

The appellant was injured in a collision between a car she was driving and one the appellee was driving. The District Court declined to instruct the jury on the last clear chance doctrine. We find no error affecting substantial rights.

Affirmed.
<PAGE>   1
          


                                   EXHIBIT 11

                Statement re: Computation of Per Share Earnings

<PAGE>   2


                                   EXHIBIT 11
                LIVING CENTERS OF AMERICA, INC. AND SUBSIDIARIES
                       COMPUTATION OF PER SHARE EARNINGS
                    (in thousands, except per share amounts)
                                  (unaudited)

<TABLE>
<CAPTION>
                                                Three Months            Nine Months
                                               Ended June 30,          Ended June 30,
                                             -------------------     -------------------
                                              1997        1996        1997        1996

ASSUMING FULL DILUTION (a)


<S>                                          <C>         <C>         <C>         <C>    
Net Income                                   $13,669     $12,816     $36,208     $36,127
                                             =======     =======     =======     =======

Applicable Common Shares:

    Weighted average shares outstanding
        during the period                     19,548      20,250      19,529      20,230

    Weighted average shares issuable
        upon exercise of common stock
        options using the treasury stock
        method                                   380         241         380         205

    Weighted average shares issuable
        upon exercise of warrants using
        the treasury stock method                 29          10          29          --

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

    Total shares                              19,957      20,501      19,938      20,435
                                             =======     =======     =======     =======




Earnings per share (fully diluted)           $  0.68     $  0.63     $  1.82     $  1.77
                                             =======     =======     =======     =======
</TABLE>


(a)  This calculation is submitted in accordance with Regulation S-K, item 
     601 (b) (11) although not required by footnote 2 to paragraph 14 of APB 
     Opinion No. 15 because it results in less than 3% dilution.
NO. 07-05-0097-CR

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL D

	APRIL 7, 2005

	______________________________

	VINCE ARTHUR HALL, APPELLANT

	V.

	THE STATE OF TEXAS, APPELLEE

	_________________________________

	FROM THE COUNTY COURT OF MOORE COUNTY;

	NO. 19462; HONORABLE DELWIN MCGEE, JUDGE

	_______________________________

Before QUINN and REAVIS and CAMPBELL, JJ.

	MEMORANDUM OPINION

	Pending before the Court is appellant’s motion to dismiss this appeal.  Appellant and his attorney both have signed the document indicating that appellant withdraws the appeal.  Tex. R. App. P. 42.2(a).  No decision of this Court having been delivered to date, we grant the motion.  Accordingly, the appeal is dismissed.  No motion for rehearing will be entertained and our mandate will issue forthwith.

							James T. Campbell

							        Justice

Do not publish.
<PAGE>

                                                                    Exhibit 99.1





                    CERTIFICATION OF CHIEF EXECUTIVE 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 of Metretek Technologies, Inc.
(the "Company") on Form 10-QSB for the quarterly period ended June 30, 2002, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, W. Phillip Marcum, President and Chief Executive Officer of the
Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that:

          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 result of
               operations of the Company.



                                        /s/  W. Phillip Marcum
                                        --------------------------------------


                                        W. Phillip Marcum
                                        President and Chief Executive Officer
                                        August 12, 2002
117TH CONGRESS 

2D SESSION H. R. 1066 

AN ACT 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide flexibility with the cost 

share for fire management assistance, 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, 
2 

•HR 1066 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Wildfire Recovery 

3 Act’’. 

4 SEC. 2. FIRE MANAGEMENT ASSISTANCE COST SHARE. 

5 (a) IN GENERAL.—Section 420 of the Robert T. 

6 Stafford Disaster Relief and Emergency Assistance Act is 

7 amended— 

8 (1) by redesignating subsection (e) as sub9 section (f); and 

10 (2) by inserting after subsection (d) the fol11 lowing: 

12 ‘‘(e) FEDERAL SHARE.—The Federal share of assist13 ance under this section shall be not less than 75 percent 

14 of the eligible cost of such assistance.’’. 

15 (b) APPLICABILITY.—The amendment made by sub16 section (a) shall only apply to amounts appropriated on 

17 or after the date of enactment of this Act. 

18 SEC. 3. RULEMAKING. 

19 Not later than 3 years after the date of enactment 

20 of this Act, the President, acting through the Adminis21 trator of the Federal Emergency Management Agency, 

22 shall conduct and complete a rulemaking to provide cri23 teria for the circumstances under which the Administrator 

24 may recommend the President increase the Federal cost 

25 share for section 420 of the Robert T. Stafford Disaster 

26 Relief and Emergency Assistance Act (42 U.S.C. 5187). 
3 

•HR 1066 EH

1 Such criteria shall include a threshold metric that assesses 

2 the financial impact to a State or local government from 

3 responding to a fire for which fire management assistance 

4 is being provided. 

Passed the House of Representatives September 13, 

2022. 

Attest: 

Clerk. 
117TH CONGRESS 

2D SESSION H. R. 1066 

AN ACT 

To amend the Robert T. Stafford Disaster Relief 

sistance, and for other purposes. bility with the cost share for fire management asand Emergency Assistance Act to provide flexi-
William Roger KING v. Cathy Ann KING

2160030

Court of Civil Appeals of Alabama.

February 23, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.