alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.5


 


FIRST AMENDMENT TO


EMPLOYEE AND DIRECTOR


INCENTIVE RESTRICTED SHARE PLAN OF


HEALTHCARE TRUST, INC.


 


WHEREAS, Healthcare Trust, Inc. (formerly
known as American Realty Capital Healthcare Trust II, Inc., the “Company”) maintains the Employee and Director
Incentive Restricted Share Plan (the “Plan”);


 


WHEREAS, pursuant to Section 9 of the
Plan, the Board of Directors of the Company (the “Board”) may at any time amend the Plan; and


 


WHEREAS, the Board desires to amend
the Plan as set forth herein.


 


NOW, THEREFORE, pursuant to Section
9 of the Plan, effective as of August 8, 2017:


 


		1.	The definition of “Advisory Agreement” in Section 1.2 is hereby deleted and replaced in its entirety with:



 


“‘Advisory Agreement’
shall mean that agreement dated February 17, 2017, by and among the Company, the Advisor and Healthcare Trust Operating Partnership,
L.P., as may be amended from time to time.”


 


		2.	The definition of “Fair Market Value” in Section 1.2 is hereby deleted and replaced in its entirety with:



 


“‘Fair Market Value’
means with respect to Shares:


 


		(i)	If the Shares are listed on any established stock exchange or a national market system, their Fair Market Value shall be the
closing sales price for the Shares, or the mean between the high bid and low asked prices if no sales were reported, as quoted
on such system or exchange (or, if the Shares are listed on more than one exchange, then on the largest such exchange) for the
date the value is to be determined (or if there are no sales or bids for such date, then for the last preceding business day on
which there were sales or bids), as reported in The Wall Street Journal.



 


		(ii)	If the Shares are regularly quoted by a recognized securities dealer but selling prices are not reported, or if there is no
secondary trading market for the Shares, their Fair Market Value shall be the Company’s estimated net asset value per Share,
calculated pursuant to the valuation guidelines adopted by the Board and published by the Company.”



 






    	 



     


    

 


		3.	Section 6.1 is hereby deleted and replaced in its entirety with the following:



 


“Automatic Grant. Without further action
of the Board or the Committee, Non-Employee Directors shall receive an Award of a number of Restricted Shares equal to the quotient
of (A) $30,000 divided by (B) the Fair Market Value of a Share as of the Grant Date of such Award, and such Award shall be made
on each of (i) the date of such Non-Employee Director’s initial election to the Board and (ii) the date of each annual stockholders’
meeting of the Company thereafter and, in each case, notwithstanding Section 5.1(c), each such date will be the Grant Date of such
Award.”


 


IN WITNESS WHEREOF, the Board has approved
the amendment to the Plan as set forth herein and authorized the undersigned officer of the Company to execute this amendment and
the undersigned has caused this amendment to be executed this 8th day of August, 2017.


 


	 	HEALTHCARE TRUST, INC.
	 	 
	 	 
	 	By: 	/s/ W. Todd Jensen
	 	 	Name: W. Todd Jensen
Title: Chief Executive Officer and President
##### 



CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this Annual Report on Form 10-KSB of IdleAire Technologies Corporation (the
Company);2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the Company as of, and for, the
periods presented in this report;4.
    
    The Companys other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) for the Company and have:
 a)
    
    designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the Company is made known to us by others within the Company,
particularly during the period in which this report is being prepared;b)
    
    evaluated the effectiveness of the Companys disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by this report based on
such evaluation; andc)
    
    disclosed in this report any change in the Companys internal control over
financial reporting that occurred during the Companys most recent fiscal quarter
that has materially affected, or is reasonably likely to materially affect, the
Companys internal control over financial reporting; and
 5.
    
    The Companys other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the Companys auditors and
the audit committee of the Companys board of directors:
 a)
    
    all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely to
adversely affect the Companys ability to record, process, summarize and report
financial information; andb)
    
    any fraud, whether or not material, that involves management or other employees
who have a significant role in the Companys internal control over financial
reporting.
 Date: April 2, 2007
    /s/ Michael C. CrabtreeMichael C. CrabtreePresident and Chief Executive Officer
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                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - 18 CFR Parts 50 and 380
          - [Docket No. RM06-12-000; Order No. 689]

      ( print page 198)    

### Correction

In rule document E6-20001 beginning on page 69440 in the issue of Friday, December 1, 2006, make the following correction:

                On page 69440, in the second column, under the                 **DATES**                 heading, in the second line, “February 2, 2007”  should read “January 30, 2007”.            

[FR Doc. Z6-20001 Filed 12-29-06; 8:45 am]

BILLING CODE 1505-01-D
**Exhibit 10.27**
**TRIZEC PROPERTIES, INC.**
**2004 Non-Employee Director Fees and Other Compensation**
     The following table sets forth the compensation payable to each non-employee director ofTrizec Properties, Inc. (“Trizec”) for his service to Trizec’s board of directors and itscommittees. Directors who are also employees of Trizec receive no additional compensation forserving on the board of directors:     Annual fee for serving on the board of directors $55,000(1)Annual fee for Audit Committee chairperson  7,500(1)Annual fee for Compensation Committee, Corporate GovernanceCommittee and Nominating Committee chairpersons  3,000(1)Annual fee for Presiding Independent Director  3,000(1)Meeting fee per board meeting attended  1,000 Meeting fee per Audit Committee meeting attended  2,000 Meeting fee per Compensation Committee, Corporate GovernanceCommittee and Nominating Committee meeting attended  1,000 
(1) Subject to certain exceptions, at least $30,000 of the $55,000 annual fee is payable inthe form of shares of Trizec’s common stock. A director may elect to receive any additionalamount up to the full $55,000 in shares of common stock. The annual fees that Trizec pays tocommittee chairpersons and the presiding independent director also are payable in shares ofTrizec’s common stock, rather than cash, if the chairperson or the presiding independentdirector, as the case may be, so elects. Meeting fees are paid in cash. Due to restrictionsin Trizec’s certificate of incorporation which prohibit “non-qualifying U.S. persons” fromholding shares of its common stock, all fees payable to two of its non-employee directors whoare not U.S. persons are paid solely in cash.
     Trizec also reimburses its non-employee directors for expenses incurred in attendingboard and committee meetings.
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1
JUAN LICOR-SANCHES , 2 Plaintiff-Appellant, 3
v. NO. 31,789 4 ALBUQUERQUE PRINTING COMPANY , 5 Defendant-Appellee. 6 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 7 Alan M. Malott, District Judge 8 Juan Licor-Sanches 9 Albuquerque, NM 10 Pro Se Appellant 11 Davis Law Firm 12 Mark Anthony Acuña 13 San Antonio, TX 14 Lewis and Roca, LLP 15 Erin E. Langewalter 16 Albuquerque, NM 17 for Appellee 18 MEMORANDUM OPINION 19 VIGIL, Judge. 202 Summary dismissal proposed for the reas ons stated in the notice of proposed 1 summary disposition. No memorandum oppos ing summary dismissal has been filed 2 and the time for doing so has expired. 3 DISMISSED . 4 IT IS SO ORDERED. 5

_______________________________ 6 MICHAEL E. VIGIL, Judge 7
WE CONCUR: 8

_________________________________ 9 JAMES J. WECHSLER, Judge 10

_________________________________ 11 CYNTHIA A. FRY, Judge 12
**Exhibit 32.1**

 

**DoverDowns Gaming & Entertainment, Inc.**

**CertificationPursuant to 18 U.S.C. Sec. 1350, as Adopted Pursuant to**

**Section 906of the Sarbanes-Oxley Act of 2002**

 

In connection with the Annual Report of Dover DownsGaming & Entertainment, Inc., a Delaware corporation (the “Company”),on Form 10-K for the period ended December 31, 2009 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, DenisMcGlynn, President and Chief Executive Officer and Director of the Company,certify, pursuant to 18 U.S.C. sec. 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that to my knowledge:

 

(1)          The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

(2)          The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 

Dated: March 5, 2010

 
| /s/ Denis McGlynn                                  |   |
|----------------------------------------------------|--------|
| Denis McGlynn                                      |   |
| President and Chief Executive Officer and Director |   |

 

This certification shall not be deemed “filed” for purposes of Section 18of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), orincorporated by reference in any filing under the Securities Act of 1933, asamended, or the Exchange Act, except as shall be expressly set forth byspecific reference in such a filing.

 

----
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED NOVEMBER 17, 2023

NO. 03-23-00551-CR

John W. Covington, Appellant

v.

The State of Texas, Appellee

APPEAL FROM COMAL COURT AT LAW NO. 3 OF COMAL COUNTY

BEFORE CHIEF JUSTICE BYRNE, JUSTICES KELLY AND THEOFANIS

DISMISSED FOR WANT OF PROSECUTION –

OPINION BY CHIEF JUSTICE BYRNE

This is an appeal from the judgment signed by the trial court on June 20, 2023. Having reviewed 

the record, the Court holds that John W. Covington has not prosecuted his appeal and did not 

comply with a notice from the Clerk of this Court. Therefore, the Court dismisses the appeal for 

want of prosecution. Because appellant is indigent and unable to pay costs, no adjudication of 

costs is made.
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

IN RE:

SAMUEL FITZGERALD WORRELL,

Debtor.

_________________________________/

CASE NO.: 21-20622-PDR

CHAPTER 13

ORDER OVERRULING DEBTOR’S OBJECTION TO CLAIM OF 1-1 NEWREZ LLC 

D/B/A SHELLPOINT MORTGAGE SERVICING (DE 30)

This matter came to be heard on March 15, 2022 on Debtor’s Objection to Claim 

of 1-1 NewRez LLC d/b/a Shellpoint Mortgage Servicing (DE 30), and for the reasons stated both 

in the Motion and on the record, it is hereby ORDERED that:

1. The Objection is OVERRULED.

END OF ORDER

###

Peter D. Russin, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on March 21, 2022.

Case 21-20622-PDR Doc 57 Filed 03/22/22 Page 1 of 2
Attorney, April Harriott, is directed to serve a copy of this order on in the parties listed and file a 

certificate of service.

Samuel Fitzgerald Worrell

7420 NW 41 Ct

Lauderhill, FL 33319

Robin R Weiner

POB 559007

Fort Lauderdale, FL 33355

Office of the US Trustee

51 S.W. 1st Ave.

Suite 1204

Miami, FL 33130

Case 21-20622-PDR Doc 57 Filed 03/22/22 Page 2 of 2
Shamar Dewayne LEWIS, Appellant, v. STATE of Florida, Appellee.

No. 4D16-4254

District Court of Appeal of Florida, Fourth District.

[August 2, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Stephen GOSCH, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D16-4103

District Court of Appeal of Florida, First District.

Opinion filed October 6, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Nick VINCENT, Appellant, v. STATE of Florida, Appellee.

No. 4D17-1248

District Court of Appeal of Florida, Fourth District.

[July 26, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
EXHIBIT 32

                            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 SkyFrames,  Inc. (the "Company") on
Form  10-QSB  for the  period  ending  September  30,  2003,  as filed  with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, James
W.  France,  President  and Chief  Financial  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 and 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/ JAMES W. FRANCE
                                    ---------------------------------------
                                    By:  James W. France
                                    President and Chief Financial Officer
                                    November 26, 2003
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



Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned officers of Puda Coal, Inc. (the "Company"), does hereby certify, to such officer's knowledge, that:

The Annual Report on Form 10-KSB/A for the fiscal year ended December 31, 2005 (the Form 10-KSB) of the Company fully complies with the requirement of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in the Form 10-KSB fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                    |                                  
|------------------- | ---------------------------------
|                    |                                  
|Dated: May 17, 2006 | /s/ Zhoa Ming                    
|                    | Zhoa Ming
Chief Executive Officer
|                    |                                  
|Dated: May 17, 2006 | /s/ Jin Xia                      
|                    | Jin Xia
Chief Financial Officer
**Exhibit 8.1**
**Subsidiariesof the Registrant**   **Company Name** **State or Jurisdiction of Incorporation**Converium Rückversicherung (Deutschland) AG GermanyConverium Finance S.A. LuxembourgConverium AG SwitzerlandConverium Holdings (North America) Inc. DelawareConverium Reinsurance (North America) Inc. ConnecticutConverium Insurance (North America) Inc. New JerseyConverium Holding (UK) Ltd UKConverium Insurance (UK) Ltd UKConverium London Management Ltd UKConverium Underwriting Ltd UKConverium IP Management Ltd BermudaConverium Finance (Bermuda) Ltd Bermuda
## Breadcrumb

-  Publications 
-  Reports 

#           Vegetation model technical report      

      January 1, 2012    

The vegetation model (LAVegMod) described in this appendix is the next generation of a similar model (habitat switching module) initially developed as part of the Louisiana Coastal Area study. LAVegMod divides the original 5-habitat model for the Louisiana coast into 19 vegetation types. LAVegMod provides longer estimates of interannual variation in aboveground biomass; however, biomass varies with vegetation type. The model is intended as a tool for protection and restoration planning that provides repeatable estimates of the changes in species composition based on changes in hydrology and wetland area. This tool is dependent on other models that forecast changes in hydrology and wetland area.

## Citation Information

## Related Content

                  -              Connect           

#### Jacoby Carter, Ph.D.

##### Scientist Emeritus

Wetland and Aquatic Research Center 

carterj@usgs.gov

337-262-7620

## Related Content

#### Jacoby Carter, Ph.D.

##### Scientist Emeritus

Wetland and Aquatic Research Center 

carterj@usgs.gov

337-262-7620

### Study Area

### Contact

####               Wetland and Aquatic Research Center - Gainesville, FL          

7920 NW 71st St.Gainesville, FL32653United States

352-378-8181

352-378-4956

### Explore Search

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Exhibit










Exhibit 10.1


Cenveo, Inc.
200 First Stamford Place
2nd Floor
Stamford, CT 06902
(203) 595-3000
May 3, 2017




Mr. Robert G. Burton
200 First Stamford Place
2nd Floor 
Stamford, CT 06902




Dear Bob:


Reference is made to the employment agreement (the “Employment Agreement”), dated October 27, 2005, as amended, between you and Cenveo, Inc. (the “Company”).   This letter agreement (the “Amendment”) will serve to amend the Employment Agreement in the following respects, effective as of the date of this letter.  (Capitalized terms not defined in this Amendment will have the same meaning as in the Employment Agreement.)


1.The first sentence of Section 1 (“Terms of Employment”) of the Employment Agreement is amended to extend the Term of the Employment Agreement by three (3) years by replacing the current expiration date “December 31, 2017,” with the date “December 31, 2020.”


The Employment Agreement otherwise remains in full force and effect.  This Amendment may be executed in two or more counterparts, each of which will constitute an original, and all of which together will constitute one and the same. 


If the foregoing terms and conditions are acceptable and agreed to by you, please sign the 
line provided below to signify such acceptance and agreement and return the executed copy to the undersigned.  


	
		
	CENVEO, INC.

	 
	 

	 
	 

	By:
	/s/ Dr. Mark J. Griffin

	Name:
	Dr. Mark J. Griffin

	Title:
	Director and Chairperson of Compensation Committee

	 




	
		
	Accepted and Agreed this

	May 3, 2017

	 
	 

	 
	 

	/s/ Robert G. Burton, Sr.

	Robert G. Burton, Sr.
## Breadcrumb

-  Publications 
-  Articles 

#           Tsunami warnings: Understanding in Hawai'i      

      January 1, 2007    

The devastating southeast Asian tsunami of December 26, 2004 has brought home the destructive consequences of coastal hazards in an absence of effective warning systems. Since the 1946 tsunami that destroyed much of Hilo, Hawai‘i, a network of pole mounted sirens has been used to provide an early public alert of future tsunamis. However, studies in the 1960s showed that understanding of the meaning of siren soundings was very low and that ambiguity in understanding had contributed to fatalities in the 1960 tsunami that again destroyed much of Hilo. The Hawaiian public has since been exposed to monthly tests of the sirens for more than 25 years and descriptions of the system have been widely published in telephone books for at least 45 years. However, currently there remains some uncertainty in the level of public understanding of the sirens and their implications for behavioral response. Here, we show from recent surveys of Hawai‘i residents that awareness of the siren tests and test frequency is high, but these factors do not equate with increased understanding of the meaning of the siren, which remains disturbingly low (13%). Furthermore, the length of time people have lived in Hawai‘i is not correlated systematically with understanding of the meaning of the sirens.

An additional issue is that warning times for tsunamis generated locally in Hawai‘i will be of the order of minutes to tens of minutes and limit the immediate utility of the sirens. Natural warning signs of such tsunamis may provide the earliest warning to residents. Analysis of a survey subgroup from Hilo suggests that awareness of natural signs is only moderate, and a majority may expect notification via alerts provided by official sources. We conclude that a major change is needed in tsunami education, even in Hawai‘i, to increase public understanding of, and effective response to, both future official alerts and natural warning signs of future tsunamis.

## Citation Information

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### Contact

#### USGS Volcano Science Center

1300 SE Cardinal CourtVancouver, WA38683United States

360-993-8900