alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex_262097.htm


Exhibit 10.7


 


AMENDMENT NO. 1 

TO THE EXECUTIVE EMPLOYMENT AGREEMENT


 


This Amendment No. 1 (“Amendment”) is entered into as of September 6, 2020 (“Amendment Effective Date”) by and between CYTOCOM, INC. a Delaware corporation (“CYTOCOM”) and Peter Aronstam, the “Executive”. CYTOCOM and Executive are each referred to individually as a “Party” and together as the “Parties”.


 


WHEREAS, CYTOCOM and Executive are parties to an Executive Employment Agreement with an effective date of May 1, 2020 (the “Agreement”); and


 


WHEREAS, the Parties mutually desire to amend, modify and restate certain terms and conditions of the Agreement regarding equity compensation.


 


NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, it is mutually agreed as follows:


 


	
			1.

				
			DEFINITIONS. Unless otherwise defined herein, capitalized words in this Amendment shall have the meaning attributed to them in the Agreement.

			



 


	
			2.

				
			AMENDMENTS. The Parties agree that, as of the Amendment Effective Date, the Agreement is amended as set forth in this Section 2.

			



 


	
			2.1

				
			Section 3.1(c) is deleted in its entirety and replaced by the following:

			



 


“Equity Compensation. The Executive will be granted 1,125,000 shares of the company’s common stock (the “Stock Purchase”) at a price of $0.001. The Stock Award will be granted under the Company’s 2020 Equity Incentive Plan (the “Plan”) and will be subject to the terms thereof, and as well as to certain additional terms specified in award agreements that will be delivered to the Executive under separate cover.”


 


	
			3.

				
			INTEGRATION. Except for the sections of the Agreement specifically amended hereunder, all terms and conditions of the Agreement remain and shall remain in full force and effect. This Amendment shall hereafter be incorporated into and deemed part of the Agreement and any future reference to the Agreement shall include the terms and conditions of this Amendment.

			



 


IN WITNESS WHEREOF, the Parties intending to be bound have caused this Amendment to be executed by their duly authorized representatives.


 


	CYTOCOM, INC.	 	EXECUTIVE	 
	 	 	 	 	 	 
	By:	/s/ Michael K. Handley	 	By:	/s/ Peter Aronstam	 
	 	 	 	 	 	 
	Name:	Michael K. Handley	 	Name:	Peter Aronstam	 
	 	 	 	 	 	 
	Title:	CEO 	 	Title:	Chief Financial Officer
<PAGE>
                                                                    EXHIBIT 99.2

                            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 Silverleaf Resorts, Inc.
(the "Company") on Form 10-Q for the quarter ended March 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Harry J. White, Jr., 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 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.

Dated:  November 19, 2002                               /s/ HARRY J. WHITE, JR.
                                                        -----------------------
                                                            Harry J. White, Jr.
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#### In the Matter of Warren J. Black.

—Motion granted only to the extent of referring the matter to the Departmental Disciplinary Committee for the First Judicial Department for a hearing, as indicated. Concur—Kupferman, J. P., Sandler, Asch, Rosenberger and Ellerin, JJ.
**Exhibit 32.1**

 

**Certification of the Chief ExecutiveOfficer Pursuant to**

 

**18 U.S.C. Section 1350,**

 

**as Adopted Pursuant to**

 

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

 

In connection with the Quarterly Report on Form 10-Qof PRAECIS PHARMACEUTICALS INCORPORATED (the “Company”) for the quarterlyperiod ended September 30, 2004 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Malcolm L. Gefter, Ph.D., asChief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, tothe best of my knowledge:

 

1.  The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

2.  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| /s/ Malcolm L. Gefter, Ph.D. |                     |
|------------------------------|--------------------------|
| Name:                        | Malcolm L. Gefter, Ph.D. |
| Title:                       | Chief Executive Officer  |
| Date:                        | November 9, 2004         |
|                              |                          |  |

 

 

A signed original of this written statement requiredby Section 906, or other document authenticating, acknowledging, or otherwiseadopting the signature that appears in typed form within the electronic versionof this written statement required by Section 906, has been provided to PRAECISPHARMACEUTICALS INCORPORATED and will be retained by PRAECIS PHARMACEUTICALSINCORPORATED and furnished to the Securities and Exchange  Commission or its staff upon request.

 

This certification accompanies the Report pursuant toSection 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to theextent required by the Sarbanes-Oxley Act of 2002, be deemed filed by theCompany for purposes of Section 18 of the Securities Exchange Act of 1934, asamended.

 

----
**Exhibit      32.2**

**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

|   | (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. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                |                             |                                 |
|-------------------------------------|----------------------------------|--------------------------------------|
|                           |                        |                            |
| Dated:              August 10, 2006 |                             | /s/              HARRY J. WHITE, JR. |
|                                | Harry              J. White, Jr. |
|                                |                             |

----
#### Joseph J. Glover, Plaintiff/Third-Party Defendant-Respondent, and Ronald Pritchard, Appellant, et al., Plaintiff, v Frances E. Batista, Defendant/Third-Party Plaintiff-Respondent, et al., Defendant.

[941 NYS2d 665]

In an action, inter alia, to recover damages for personal injuries, the plaintiff Ronald Pritchard appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Elliot, J.), dated April 29, 2011, as granted the separate motions of the defendant/third-party plaintiff, Frances E. Batista, and the plaintiff/third-party defendant, Joseph J. Glover, in effect, for summary judgment dismissing the complaint insofar as asserted by him against Frances E. Batista on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.

Ordered that the order is reversed insofar as appealed from, *700on the law, with one bill of costs, and the separate motions of the defendant/third-party plaintiff, Frances E. Batista, and the plaintiff/third-party defendant, Joseph Glover, for summary judgment dismissing the complaint insofar as asserted by the appellant against Frances E. Batista are denied.

The defendant/third-party plaintiff, Frances E. Battista, sued herein as Frances E. Batista, and the plaintiff/third-party defendant, Joseph J. Glover, failed to meet their prima facie burdens of demonstrating that the appellant did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident *(see Toure v Avis Rent A Car Sys.,*98 NY2d 345, 350 [2002]; *Gaddy v Eyler,*79 NY2d 955, 956-957 [1992]). Battista’s and Glover’s motion papers failed to adequately address the appellant’s claim, clearly set forth in the bills of particulars, that he sustained a medically-determined injury or impairment of a nonpermanent nature which prevented him from performing substantially all of the material acts which constituted his usual and customary daily activities for not less than 90 days during the 180 days immediately following the subject accident *(cf. Tinsley v Bah,*50 AD3d 1019, 1019-1020 [2008]).

Since Battista and Glover failed to meet their prima facie burdens, it is unnecessary to determine whether the papers submitted by the appellant in opposition were sufficient to raise a triable issue of fact *(id.*at 1020).

Accordingly, the Supreme Court should have denied Battista’s and Glover’s separate motions for summary judgment dismissing the complaint insofar as asserted by the appellant. Skelos, J.E, Dickerson, Hall, Roman and Cohen, JJ., concur.
AMENDMENT TO EMPLOYMENT AGREEMENT


This Amendment to Employment Agreement is made and entered by and between 
Douglas Netter ("Employee") and Netter Digital Entertainment, Inc., a Delaware 
corporation ("Employer"), as of the 11th day of September, 1998, with 
reference to the following facts:

A. Employee is employed by Employer as its President and Chief Executive 
Officer pursuant to that certain Employment Agreement dated as of 
September 15, 1995 as amended to date (the "Employment Agreement").

B. Employer and Employee mutually desire to modify the terms of the 
Employment Agreement as further set forth herein.

NOW, THEREFORE,  in consideration of the mutual promises of the 
parties and the mutual benefits they will gain by their performances therof, all
in accordance with the provisions hereinafter set forth, it is agreed:

1. Amendment to Employment Agreement.  The last sentence of Paragraph 
3(a) of the Employment Agreement is hereby amended to read in full as 
follows:

"However, the total amount of base salary and Executive Producer fees 
paid to Employee shall be subject to an annual cap of Three Hundred 
Thousand Dollars ($300,000) ("Annual Cap")."

1. Effect of Amendment.  Except as set forth in Paragraph 1 hereof, the 
Employment Agreement shall continue in full force and effect, in 
accordance with its terms in effect immediately prior to the effective date 
of this Amendment.

The parties have duly executed this Agreement effective as of the day and year 
set forth above.

                          					EMPLOYER:

                          					NETTER DIGITAL ENTERTAINMENT, INC.

                          					By:/s/Thomas Jorenson
                    					      An Authorized Representative

                          					EMPLOYEE:

                          					DOUGLAS NETTER

                          					By:/s/Douglas Netter
                    					      Douglas Netter
Case: 1:01-cv-05081 Document #: 21 Filed: 02/14/02 Page 1 of 27 PageID #:95
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Case: 1:01-cv-05081 Document #: 21 Filed: 02/14/02 Page 3 of 27 PageID #:97
Case: 1:01-cv-05081 Document #: 21 Filed: 02/14/02 Page 4 of 27 PageID #:98
Case: 1:01-cv-05081 Document #: 21 Filed: 02/14/02 Page 5 of 27 PageID #:99
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Case: 1:01-cv-05081 Document #: 21 Filed: 02/14/02 Page 7 of 27 PageID #:101
Case: 1:01-cv-05081 Document #: 21 Filed: 02/14/02 Page 8 of 27 PageID #:102
Case: 1:01-cv-05081 Document #: 21 Filed: 02/14/02 Page 9 of 27 PageID #:103
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Case: 1:01-cv-05081 Document #: 21 Filed: 02/14/02 Page 12 of 27 PageID #:106
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Case: 1:01-cv-05081 Document #: 21 Filed: 02/14/02 Page 22 of 27 PageID #:116
Case: 1:01-cv-05081 Document #: 21 Filed: 02/14/02 Page 23 of 27 PageID #:117
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Case: 1:01-cv-05081 Document #: 21 Filed: 02/14/02 Page 25 of 27 PageID #:119
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Case: 1:01-cv-05081 Document #: 21 Filed: 02/14/02 Page 27 of 27 PageID #:121
#### Stewart M. Shute, Jr., Appellant, v Robert McLusky, Respondent, et al., Defendant.

(Appeal No. 1.)

[945 NYS2d 889]

Appeal from an amended judgment (denominated amended order) of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered July 14, 2010. The amended judgment granted the motion of defendant Robert McLusky for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs *(see Matter of Eric D.*[appeal No. 1], 162 AD2d 1051 [1990]). Present — Scudder, P.J., Smith, Centra, Fahey and Peradotto, JJ.
#### The People of the State of New York, Respondent, v Frederick N., Appellant.

Adjudication unanimously affirmed. Counsel’s application to withdraw granted *(see, People v Crawford, 71*AD2d 38). (Appeal from adjudication of Supreme Court, Erie County, Bayger, J.—attempted robbery, third degree.) Present—Callahan, J. P., Doerr, Boomer, Green and Pine, JJ.
Case 1:01-cv-08790 Document 35 Filed 02/19/02 Page 1 of 9
Case 1:01-cv-08790 Document 35 Filed 02/19/02 Page 2 of 9
Case 1:01-cv-08790 Document 35 Filed 02/19/02 Page 3 of 9
Case 1:01-cv-08790 Document 35 Filed 02/19/02 Page 4 of 9
Case 1:01-cv-08790 Document 35 Filed 02/19/02 Page 5 of 9
Case 1:01-cv-08790 Document 35 Filed 02/19/02 Page 6 of 9
Case 1:01-cv-08790 Document 35 Filed 02/19/02 Page 7 of 9
Case 1:01-cv-08790 Document 35 Filed 02/19/02 Page 8 of 9
Case 1:01-cv-08790 Document 35 Filed 02/19/02 Page 9 of 9
Case: 1:04-cv-01051 Document #: 371 Filed: 08/26/08 Page 1 of 3 PageID #:8542
1:04-cv-01051 Document #: 371 Filed: 08/26/08 Page 2 of 3 PageID 
Case: 1:04-cv-01051 Document #: 371 Filed: 08/26/08 Page 3 of 3 PageID #:8544
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

Sept. 28, 2009

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 09-11890

Non-Argument Calendar

________________________

D. C. Docket No. 07-00129-CR-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PATRICK LORENZO DAWSON,

a.k.a. Black,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Georgia

_________________________

(September 28, 2009)

Before TJOFLAT, EDMONDSON and HILL, Circuit Judges.

PER CURIAM:
Christopher J. Hudson, appointed counsel for Patrick Lorenzo Dawson in

this direct criminal appeal, has filed a motion to withdraw from further

representation, supported by a brief prepared pursuant to Anders v. California, 386

U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the

entire record reveals that counsel’s assessment of the relative merit of the appeal is

correct. Because independent examination of the record reveals no arguable issues

of merit, counsel’s motion to withdraw is GRANTED, and Dawson’s convictions

and sentences are AFFIRMED.

2
[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Page 44366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17168]


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

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 27, 2021.
    A. Federal Reserve Bank of Minneapolis (Chris P. Wangen, Assistant 
Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:
    1. Patty Beyers, Roscoe, South Dakota; to retain voting shares of 
Ipswich Community Bancshares, Inc., and thereby indirectly retain 
voting shares of Ipswich State Bank, both of Ipswich, South Dakota.

    Board of Governors of the Federal Reserve System, August 6, 
2021.
Ann Misback,
Secretary of the Board.
[FR Doc. 2021-17168 Filed 8-11-21; 8:45 am]
BILLING CODE P
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CHYVAS ARIEL PEOPLES, ) ) Appellant, ) ) v. ) Case No. 2D18-475 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed October 5, 2018. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Nick Nazaretian, Judge.

PER CURIAM.

Affirmed. BLACK, SALARIO, and ROTHSTEIN-YOUAKIM, JJ., Concur.
**Exhibit 99.1**

 

**CERTIFICATIONPURSUANT TO****18 U.S.C.SECTION 1350,****ASADOPTED PURSUANT TO****SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of U.S. Restaurant Properties, Inc., (the “Company”) on Form10-Q for the period ending September 30, 2002 as filed with the Securities andExchange Commission on the date hereof (the Report), I, Robert J. Stetson,Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Reportfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C.78m or 78o(d)); and

 

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

 

 
| /s/ Robert  J. Stetson   |   |
|--------------------------|--------|
| Robert J.  Stetson       |
| Chief  Executive Officer |
| November 14,  2002       |

 

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

JUDGMENT RENDERED AU GUST 29, 2014

NO. 03

- 12

- 00548

- CV

Beau Hale and Marhaw Partners, LLC, Appellant s

v.

Bank of America, Successor by merger to BAC Home Loans Servicing, LP, Appellee

APPEAL FROM 250TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES PURYEAR, RO SE, AND GOODWIN

AFFIRMED

-- OPINION BY JUSTICE ROSE

This is an appeal from the judgment signed by the district cou rt on July 16, 2012. Having

reviewed the record and the parties’ arguments, the C ourt holds that there was no reversible error

in the district court’s judgment . Therefore, the C ourt affirms the district court’s judgment

. The

appellant s shall pay all cos ts relating to this appeal, both in this Court and the court below.