alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.3


 





 


Execution Version


 


August 4, 2021


 


STRICTLY CONFIDENTIAL


 


Ecoark Holdings, Inc.


303 Pearl Parkway, Suite 200


San Antonio, TX 78215


 


Attn: Randy S. May, Chief Executive Officer


 


Dear Mr. May:


 


Reference is made to that
certain engagement agreement (the “Engagement Agreement”), dated as of July 30, 2021, by and Ecoark Holdings, Inc.
(the “Company”) and H.C. Wainwright & Co., LLC (“Wainwright”). Defined terms used herein but
not defined herein shall have the meanings given to such terms in the Engagement Agreement. The parties have agreed to amend the terms
of the Engagement Agreement on the terms set forth herein.


 


Section A.1 of the Engagement
Agreement shall be replaced with the following:


 


“1. Cash Fee.
The Company shall pay to Wainwright a cash fee, or as to an underwritten Offering an underwriter discount, equal to 7.0% of the aggregate
gross proceeds raised in each Offering and 7.0% of the aggregate gross proceeds received from the cash exercise of any warrants issued
in an Offering. The fee payable on such exercise of warrants shall be paid to Wainwright promptly following receipt by the Company and
in any event within five (5) days from the date(s) on which such warrants are exercised.”


 


The following sentence shall
be added at the end of first sentence of Section A.2 of the Engagement Agreement:


 


“Upon any exercise for
cash of any warrants issued to investors in each Offering, the Company shall issue to Wainwright (or its designees), within five (5) business
days of the Company’s receipt of the exercise price, the Wainwright Warrants to purchase that number of shares of common stock of
the Company equal to 7.0% of the aggregate number of such shares of common stock underlying the warrants that have been so exercised.”


 


Except as expressly set forth
above, all of the terms and conditions of the Engagement Agreement shall continue in full force and effect after the execution of this
amendment and shall not be in any way changed, modified or superseded except as set forth herein.


 


This amendment may be executed
in two or more counterparts and by facsimile or “.pdf” signature or otherwise, and each of such counterparts shall be deemed
an original and all of such counterparts together shall constitute one and the same agreement.


 


[Remainder of page intentionally
left blank]


 


430 Park Avenue | New York, New York 10022 | 212.356.0500


Security services provided by H.C. Wainwright & Co., LLC | Member:
FINRA/SIPC


 




    


     


    

 


 


IN WITNESS WHEREOF, this amendment is
executed as of the date first set forth above.


 


	 	Very truly yours,
	 	 
	 	H.C. WAINWRIGHT & CO., LLC
	 	 
	 	By 	/s/ Mark W. Viklund

	 	 	Name: 	Mark W. Viklund
	 	 	Title:	Chief Executive Officer



 


	Accepted and Agreed:	 
	 	 
	ECOARK HOLDINGS, INC.	 
	 	 
	By 	/s/ Randy May	 
	 	Name: 	Randy May	 
	 	Title:	CEO	 



  


[Signature Page to ZEST Engagement Agreement
Amendment]
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                       2,181,223
<SECURITIES>                                         0
<RECEIVABLES>                                  638,693
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,939,532
<PP&E>                                         602,090
<DEPRECIATION>                                  33,097
<TOTAL-ASSETS>                               3,705,439
<CURRENT-LIABILITIES>                          290,390
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        27,950
<OTHER-SE>                                   3,386,599
<TOTAL-LIABILITY-AND-EQUITY>                 3,705,439
<SALES>                                              0
<TOTAL-REVENUES>                            23,655,054
<CGS>                                                0
<TOTAL-COSTS>                               22,489,608
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,786
<INCOME-PRETAX>                              (256,844)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (256,844)
<EPS-PRIMARY>                                   (0.11)
<EPS-DILUTED>                                        0
        

</TABLE>
# Official Journal L 2/2016

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 2 |
| | |
| English edition | Legislation | Volume 595 January 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 2

English edition

Legislation

Volume 595 January 2016

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2016/1 of 3 December 2015 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for bifenazate, boscalid, cyazofamid, cyromazine, dazomet, dithiocarbamates, fluazifop-P, mepanipyrim, metrafenone, picloram, propamocarb, pyridaben, pyriofenone, sulfoxaflor, tebuconazole, tebufenpyrad and thiram in or on certain products (
  1
  ) | 1 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) 2016/1 of 3 December 2015 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for bifenazate, boscalid, cyazofamid, cyromazine, dazomet, dithiocarbamates, fluazifop-P, mepanipyrim, metrafenone, picloram, propamocarb, pyridaben, pyriofenone, sulfoxaflor, tebuconazole, tebufenpyrad and thiram in or on certain products (
  1
  )

1

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
EXHIBIT 32.2



BEA SYSTEMS, INC.



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 periodic report of BEA Systems, Inc. (the
Company) on Form 10-Q for the period ended October 31, 2005 as filed with the Securities and Exchange Commission (the Report), I, Mark P. Dentinger, Chief Financial Officer of the Company, hereby certify as of the date
hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods
indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



This Certification has not been, and
shall not be deemed, filed with the Securities Exchange Commission.



Date:
December 9, 2005



By:

/s/ Mark P. DentingerMark P. Dentinger Chief Financial Officer




56
[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Page 43241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16795]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisitions of Shares of a Bank 
or Bank Holding Company

    The notificants listed below have applied under the Change in Bank 
Control Act (Act) (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank 
holding company. The factors that are considered in acting on the 
applications are set forth in paragraph 7 of the Act (12 U.S.C. 
1817(j)(7)).
    The public portions of the applications listed below, as well as 
other related filings required by the Board, if any, are available for 
immediate inspection at the Federal Reserve Bank(s) indicated below and 
at the offices of the Board of Governors. This information may also be 
obtained on an expedited basis, upon request, by contacting the 
appropriate Federal Reserve Bank and from the Board's Freedom of 
Information Office at https://www.federalreserve.gov/foia/request.htm. 
Interested persons may express their views in writing on the standards 
enumerated in paragraph 7 of the Act.
    Comments regarding each of these applications must be received at 
the Reserve Bank indicated or the offices of the Board of Governors, 
Ann E. Misback, Secretary of the Board, 20th Street and Constitution 
Avenue NW, Washington, DC 20551-0001, not later than August 19, 2021.
    A. Federal Reserve Bank of St. Louis (Holly A. Rieser, Manager) 
P.O. Box 442, St. Louis, Missouri 63166-2034. Comments can also be sent 
electronically to <a href="/cdn-cgi/l/email-protection#d99ab6b4b4bcb7adaaf7b8a9a9b5b0bab8adb0b6b7aa99aaadb5aaf7bfabbbf7b6abbe"><span class="__cf_email__" data-cfemail="c083afadada5aeb4b3eea1b0b0aca9a3a1b4a9afaeb380b3b4acb3eea6b2a2eeafb2a7">[email protected]</span></a>:
    1. The Peter Mahurin Revocable Trust, Peter Mahurin, Trustee, both 
of Bowling Green, Kentucky, and Sarah J. Mahurin, New Haven, 
Connecticut; as a group acting in concert, to retain voting shares of 
Boyle Bancorp, Inc., and thereby indirectly retain voting shares of The 
Farmers National Bank of Danville, both of Danville, Kentucky.

Board of Governors of the Federal Reserve System.
Ann Misback,
Secretary of the Board.
[FR Doc. 2021-16795 Filed 8-5-21; 8:45 am]
BILLING CODE P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<PAGE>


                                                                    Exhibit 32.2

                                WRITTEN STATEMENT
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350

    The undersigned, Brent W. Christensen, the Chief Financial Officer of Meade
Instruments Corp. (the "Company"), pursuant to 18 U.S.C.ss.1350, hereby
certifies that:

    (i) the Form 10-Q/A for the quarter year ended May 31, 2004 of the Company
(the "Report") fully complies with the requirements of section 13(a) and 15(d)
of the Securities Exchange Act of 1934; and

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

Date: July 21, 2004

By: /s/ Brent W. Christensen
    ---------------------------------

This certification accompanies this Report on Form 10-Q/A pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent
required by such Act, be deemed filed by the Company for purposes of Section 18
of the Security Exchange Act of 1934, as amended.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Roni Singer, Formerly Known as Roni S. Williams v. Robert L. Singer

Appellate case number: 01

- 14

- 00226

- CV

Trial court case number: 2012

- 71242

Trial court: 247th Judicial District Court of Harris County

On July 3 1 , 2014, t his case was abated and remanded to the trial court to enter the written findings of fact and conclusions of law requested by appellant . In that Order of
Abatement, we also stated that this appeal would be reinstated once a supplemental clerk’s record that complies with that order was filed with the Clerk of this Court . On August 26 , 2014, the trial court clerk fi led a compliant supplemental clerk’s record with findings of fact and conclusions of law

. Accordingly, we sua sponte REINSTATE this case on the Court’s active docket.

The appellant’s brief is ORDERED to be filed within 30 days of the date of this
order, with no further extensions. See T EX

. R. A PP

. P . 2, 38.6(a ).

The appellee’s brief , if any, is ORDERED to be filed within 30 days of the filing of appellant’s brief. See T EX

. R. A PP

. P . 38.6(b).

It is so ORDERED.

Judge’s signature: /s/ Laura C. Higley



Date: September 4, 2014
##### 



Exhibit 32.01
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ENACTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1)
    
    The Report fully complies with the requirements of section 13(a) or section 15(d) of
the Securities Exchange Act of 1934; and2)
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 /s/ Thomas M. MarraName:
    
    Thomas M. MarraTitle:
    
    President and Chief Operating OfficerDate:
    
    April 27, 2006
 55
# Official Journal C 335A/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.CA2013.335.eng |
| --- | --- |
| Official Journal
  of the European Union | C 335A |
| | |
| English edition | Information and Notices | Volume 5616 November 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.CA2013.335.eng

Official Journal

of the European Union

C 335A

English edition

Information and Notices

Volume 5616 November 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | Corrigenda |
| 2013/C 335A/01 | Corrigendum to notice of open competitions — EPSO/AD/267/13 — German-language (DE) lawyer-linguists (AD 7) — EPSO/AD/268/13 — Latvian-language (LV) lawyer-linguists (AD 7) — EPSO/AD/269/13 — Dutch-language (NL) lawyer-linguists (AD 7) — EPSO/AD/270/13 — Portuguese-language (PT) lawyer-linguists (AD 7) (OJ C 301 A, 17.10.2013) | 1 |

Notice No

Contents

page

Corrigenda

2013/C 335A/01

Corrigendum to notice of open competitions — EPSO/AD/267/13 — German-language (DE) lawyer-linguists (AD 7) — EPSO/AD/268/13 — Latvian-language (LV) lawyer-linguists (AD 7) — EPSO/AD/269/13 — Dutch-language (NL) lawyer-linguists (AD 7) — EPSO/AD/270/13 — Portuguese-language (PT) lawyer-linguists (AD 7) (OJ C 301 A, 17.10.2013)

(OJ C 301 A, 17.10.2013)

1

---

REVIEW OF COMPETITION C A OJs

Please find below the list of C A published during the present year.

Unless otherwise indicated, OJs are published in all language versions.

| 5 | |
| --- | --- |
| 27 | (RO) |
| 29 | |
| 33 | |
| 34 | |
| 36 | (DA) |
| 41 | (BG) |
| 43 | (EN) |
| 49 | (ET) |
| 50 | (HU) |
| 51 | (SL) |
| 54 | (DE/EN/FR) |
| 58 | (EN/GA) |
| 75 | |
| 81 | |
| 82 | |
| 88 | (BG) |
| 89 | (CS) |
| 94 | |
| 104 | |
| 109 | |
| 111 | |
| 112 | (DE/EN/FR) |
| 117 | (ET) |
| 118 | |
| 120 | |
| 131 | |
| 143 | |
| 160 | (DE/EN/FR) |
| 162 | |
| 166 | |
| 167 | |
| 168 | |
| 172 | |
| 173 | |
| 174 | |
| 176 | (BG/DE/EN/ET/FI/IT/LT/LV/MT/NL/PL/PT/SK/SL/SV) |
| 180 | (MT) |
| 182 | (DE/EN/FR) |
| 183 | (IT) |
| 191 | |
| 192 | |
| 193 | |
| 194 | |
| 196 | |
| 197 | |
| 199 | |
| 200 | |
| 204 | (DE/EN/FR) |
| 210 | (LV) |
| 211 | (PL) |
| 219 | |
| 227 | |
| 231 | |
| 235 | |
| 240 | |
| 264 | |
| 269 | |
| 276 | |
| 277 | |
| 279 | (PT) |
| 286 | (ET) |
| 289 | |
| 290 | |
| 292 | (SK) |
| 293 | (EN) |
| 294 | (DE) |
| 295 | (DA) |
| 299 | |
| 300 | (LT) |
| 301 | |
| 302 | |
| 308 | (DE/EN/FR) |
| 309 | |
| 310 | |
| 317 | |
| 320 | |
| 321 | |
| 322 | |
| 335 | |

5

27

(RO)

29

33

34

36

(DA)

41

(BG)

43

(EN)

49

(ET)

50

(HU)

51

(SL)

54

(DE/EN/FR)

58

(EN/GA)

75

81

82

88

(BG)

89

(CS)

94

104

109

111

112

(DE/EN/FR)

117

(ET)

118

120

131

143

160

(DE/EN/FR)

162

166

167

168

172

173

174

176

(BG/DE/EN/ET/FI/IT/LT/LV/MT/NL/PL/PT/SK/SL/SV)

180

(MT)

182

(DE/EN/FR)

183

(IT)

191

192

193

194

196

197

199

200

204

(DE/EN/FR)

210

(LV)

211

(PL)

219

227

231

235

240

264

269

276

277

279

(PT)

286

(ET)

289

290

292

(SK)

293

(EN)

294

(DE)

295

(DA)

299

300

(LT)

301

302

308

(DE/EN/FR)

309

310

317

320

321

322

335

| EN | |
| --- | --- |

EN
#### The People of the State of New York, Respondent, v Darryl Thomas, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered April 21, 1983, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The arresting officer testified at trial that on September 14, 1982, at about 5:00 p.m., he was on radio motor patrol on Winthrop Street in Brooklyn, when he and his partner observed a black male, whom he identified in court as the defendant, riding a motorcycle without a license plate. The officers turned on their lights and siren, but defendant accelerated away from them. During the ensuing chase, the officer saw a gun butt in defendant’s rear pocket. Defendant was stopped, the gun was seized, and defendant was arrested.

*679Defendant testified he found a package, wrapped in newspaper, in the street, but did not open it as he was anxious to ride his friend’s new motorcycle. He placed the one-foot square package in his rear pocket and got on the motorcycle. He had stopped the motorcycle at a light when the police questioned him concerning the missing license. The police then searched him, found the package, unwrapped it, and found the gun. The only other witness was a police ballistics expert who testified that both the gun and its ammunition were operable.

At trial, defense counsel sought to introduce the testimony of defendant’s parole officer to impeach the credibility of the arresting officer. The parole officer would have testified that he spoke with the arresting officer shortly after defendant’s arrest, and that the police officer described the events surrounding defendant’s arrest in a slightly different fashion than he did at trial. This testimony was collateral to the ultimate issue before the jury, which was whether defendant knowingly possessed a gun, and bore only on the police officer’s credibility. The admissibility of such evidence is entrusted to the sound discretion of the Trial Judge *(see, People v Duncan,*46 NY2d 74, *cert denied*442 US 910), and we find that under the present circumstances, there was no abuse of discretion. Mangano, J. P., Bracken, Niehoff and Eiber, JJ., concur.
#### Tilden Financial Corp., Respondent, v Robert Wulwick, Appellant. (And a Third-Party Action.)

In an action, *inter alia,*to recover the unpaid balance of moneys due under an equipment lease which had been accelerated upon default, defendant appeals from (1) an order of the Supreme Court, Nassau County (Roncallo, J.), dated December 21, 1983, which granted plaintiff’s motion for summary judgment, and (2) a judgment of the same court, dated March 12, 1984, in favor of plaintiff and against him in the principal sum of $43,905.48.

Appeal from the order dated December 21, 1983, dismissed. *(See, Matter of Aho,*39 NY2d 241, 248.) The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).

Judgment affirmed.

Plaintiff is awarded one bill of costs.

The written lease upon which this action is based makes it abundantly clear that there was no genuine issue of fact to preclude summary judgment *(North Fork Bank & Trust Co. v Holbrook,*89 AD2d 599). Thompson, J. P., Brown, Niehoff and Lawrence, JJ., concur.
# Official Journal C 43/2020

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 43 |
| | |
| English edition | Information and Notices | Volume 637 February 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 43

English edition

Information and Notices

Volume 637 February 2020

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 43/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  1
  ) | 1 |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| 2020/C 43/02 | Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  2
  ) | 10 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 43/01

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  1
  )

1

1

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

2020/C 43/02

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  2
  )

2

10

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |
| | (2)   Text with EEA relevance, except for products falling under Annex I of the Treaty |

---

(1)   Text with EEA relevance

1

(2)   Text with EEA relevance, except for products falling under Annex I of the Treaty

2

| EN | |
| --- | --- |

EN
#### Carol S. Irvine, as Administratrix of the Estate of David T. Irvine, Deceased, Plaintiff, v Robert Meeks, Sr., Defendant and Third-Party Plaintiff-Appellant. County of Jefferson, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

— Judgment unanimously affirmed, without costs *(see, Stalteri v County of Monroe,*107 AD2d 1071; *Wilson v Sponable,*81 AD2d 1, *appeal dismissed*54 NY2d 834). (Appeal from judgment of Supreme Court, Jefferson County, Lawton, J. — dismiss third-party complaint.) Present — Callahan, J. P., Denman, Boomer, Pine and Schnepp, JJ.