alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-40869

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

KEITH LEMORRIS JONES,

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 5:13-CR-24-1

Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Keith Lemorris Jones has moved for 

leave to withdraw and has filed a brief in accordance with Anders v. California, 

386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). 

Jones has not filed a response. We have reviewed counsel’s brief and the 

relevant portions of the record reflected therein. We concur with counsel’s 

assessment that the appeal presents no nonfrivolous issue for appellate review. 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

July 7, 2015

Lyle W. Cayce

Clerk

 Case: 14-40869 Document: 00513106840 Page: 1 Date Filed: 07/07/2015
No. 14-40869

2

Accordingly, counsel’s motion to seal the record excerpts is GRANTED; 

counsel’s motion for leave to withdraw is GRANTED; counsel is excused from 

further responsibilities herein; and the APPEAL IS DISMISSED. See 5TH CIR.

R. 42.2.

 Case: 14-40869 Document: 00513106840 Page: 2 Date Filed: 07/07/2015
Exhibit 99.1
                                WRITTEN STATEMENT
                                       OF
               CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER



     The undersigned hereby certify that the Quarterly Report on Form 10-QSB for
the quarter ended March 31, 2003 filed by Technology Flavors & Fragrances, Inc.
with the Securities and Exchange Commission fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that
information contained in the report fairly presents, in all material respects,
the financial condition and results of operations of the issuer.




Dated:  April 24, 2003              /s/   Philip Rosner
                                    -----------------------------------------
                                    Philip Rosner
                                    Chairman and Chief Executive Officer




Dated:  April 24, 2003              /s/   Joseph A. Gemmo
                                    -----------------------------------------
                                    Joseph A. Gemmo
                                    Vice President and Chief Financial Officer
Exhibit










Exhibit 10.34
FBC Holdings S.à r.l.
c/o Trustmoore Luxembourg S.A.
6 Rue Dicks
L-1417 Luxembourg
Luxembourg
October 31, 2019
Sphere 3D Corp.
895 Don Mills Road, Bldg 2
Suite 900
Toronto, Ontario, Canada
M3C 1W3
Re:  Series B Preferred Shares – Waiver of Mandatory Redemption Rights
Ladies and Gentlemen:
FBC Holdings S.à r.l. (“FBC”) is the registered and beneficial owner of 6,500,000 Series B Preferred Shares of Sphere 3D Corp. (“S3D”) (the “Series B Shares”) which represents the total issued and outstanding Series B Shares.  The rights, privileges and preferences of the Series B Shares are as stated in S3D’s articles of amendment filed on July 12, 2019 (the “Terms of the Series B Shares”). Under the Terms of the Series B Shares, S3D is required to redeem 1,000,000 of the outstanding Series B Shares on or before November 13, 2020 (the “Mandatory Redemption”).
As of the date hereof, FBC, as the sole shareholder of the Series B Shares, hereby irrevocably waives its entitlement to the Mandatory Redemption.
Nothing in this letter shall be, or construed as, a waiver, amendment, consent or agreement in respect of any other Terms of the Series B Shares.  All other Terms of the Series B Shares shall remain in full force and effect.
By FBC Holdings S.à r.l. as Holder 
By: /s/ Trustmoore Luxembourg S.A.
Name: Trustmoore Luxembourg S.A.
Title: Manager A
By: /s/ Cyrus Capital Partners, LP    
Name: Cyrus Capital Partners, LP
Title: Manager B
II

105TH CONGRESS

1ST SESSION S. 1450

To suspend until January 1, 2001, the duty on a chemical.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 7, 1997

Mr. HELMS introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To suspend until January 1, 2001, the duty on a chemical.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SUSPENSION OF DUTY.

4 Subchapter II of chapter 99 of the Harmonized Tar5 iff Schedule of the United States is amended by inserting

6 in numerical sequence the following new item:

‘‘ 9902.32.40 2,7-

naphthalenedisulfonic

acid, 4-

(benzoylamino)-5-

hydroxy-, (CAS No.

117–46–4) (provided

for in subheading

2924.29.75.90) ........ Free No change No change On or before

12/31/2000 ’’.
2

•S 1450 IS

1 SEC. 2. APPLICABILITY.

2 The amendment made by section 1 applies with re3 spect to goods entered, or withdrawn from warehouse for

4 consumption, on or after the 15th day after the date of

5 enactment of this Act.

Æ
Exhibit








EXHIBIT 10.4




Taylor Morrison, Inc.




Darrell Sherman 
EMAIL DELIVERY
 
April 8, 2020




Dear Darrell,


This letter (this “Agreement”) reflects the agreement between you and Taylor Morrison, Inc. (the “Company”) regarding your offer to temporarily reduce your gross annual base salary from $475,000 per annum to $356,250 per annum in recognition of the unusual circumstances expected to continue to impact the Company’s operations as a result of the COVID-19 pandemic. You acknowledge and agree that the reduction will apply beginning April 8, 2020 (and will be reflected in your April 10, 2020 paycheck), and the suspension of the payment of the amounts so reduced will continue through the duration of substantial social distancing/economic shut down restrictions, as such date is determined by the Company (the “Salary Suspension End Date”); provided, that if such restrictions continue beyond June 30, 2020, the Compensation Committee of Taylor Morrison Home Corporation will revisit compensation determinations with respect to your base salary.  


The Company agrees to reinstate your current gross annual base salary in effect on the date immediately preceding April 8, 2020, effective as of the Salary Suspension End Date.  In addition, the Company will compensate you in an amount equal to the compensation you gave up as a result of the temporary reduction in your annual gross salary from April 8, 2020, through the Salary Suspension End Date; provided that such payment will be made on or before December 31, 2020.  


You hereby acknowledge and agree that this reduction in your gross annual base salary will not constitute Good Reason for purposes of your Amended and Restated Employment Agreement with the Company, dated as of June 15, 2018 (the “Employment Agreement”).  The reduction in your annual base salary will be disregarded for purposes of any severance benefits that may become payable to you under the Employment Agreement.  You represent that your decision to enter into this Agreement is completely 









voluntary. Except as modified by this Agreement, the Employment Agreement will remain in full force and effect.


Thank you for your service to Taylor Morrison Home Corporation and the Company in these challenging times. Please indicate your acceptance of the terms of this letter by signing below and returning a copy to me.


Very truly yours,


Taylor Morrison, Inc.


	
					
	By: /s/ Sheryl D. Palmer
	 
	 
	 
	 

	Sheryl Palmer
	 
	 
	 
	 

	Chairman, President and CEO
	 
	 
	 
	 










Acknowledged and Agreed to:


	
			
	By: /s/ Darrell C. Sherman
	 
	 

	Darrell Sherman
	 
	 












2
<PAGE>

                                                                   EXHIBIT 99.2

                   REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS

To the Shareholders and Board of Directors of
Locus Computing Corporation:

  We have audited the accompanying consolidated statements of operations,
shareholders' equity and cash flows of LOCUS COMPUTING CORPORATION (a
California corporation) AND SUBSIDIARIES for the year ended January 31, 1995
(not presented herein). These financial statements are the responsibility of
the Company's management. Our responsibility is to express an opinion on these
financial statements based on our audit.

  We conducted our audit in accordance with generally accepted auditing
standards. Those standards require that we plan and perform the audit to
obtain reasonable assurance about whether the financial statements are free of
material misstatement. An audit includes examining, on a test basis, evidence
supporting the amounts and disclosures in the financial statements. An audit
also includes assessing the accounting principles used and significant
estimates made by management, as well as evaluating the overall financial
statement presentation. We believe that our audit provides a reasonable basis
for our opinion.

  In our opinion, the financial statements referred to above present fairly,
in all material respects, the results of operations and cash flows of LOCUS
COMPUTING CORPORATION AND SUBSIDIARIES for the year ended January 31, 1995 in
conformity with generally accepted accounting principles.

  As discussed further in Note 6, the Company's Articles of Incorporation
allow for a redemption privilege of the Series A preferred stock together with
accrued dividends on March 27, 1992. While the ultimate outcome is uncertain,
it is the belief of management that total redemption would not currently be
allowed under California law. Management has reached an agreement with the
remaining Series A preferred stockholders that the Company will make
redemptions based on cash flows, current profitability, and planned future
profitability, as defined. As there is no assurance that amounts will be
redeemed in the next year, the Company has not included the redemption amount
in current liabilities at January 31, 1995 (see Note 6).

                              Arthur Andersen LLP

Los Angeles, California
March 20, 1995
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 203 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                 S. 203

 To amend the Federal Property and Administrative Services Act of 1949 
  to authorize the transfer to State and local governments of certain 
surplus property for use for law enforcement or public safety purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 23, 1997

 Mrs. Feinstein (for herself and Mrs. Boxer) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

 
 To amend the Federal Property and Administrative Services Act of 1949 
  to authorize the transfer to State and local governments of certain 
surplus property for use for law enforcement or public safety purposes.

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

SECTION 1. AUTHORITY TO TRANSFER SURPLUS PROPERTY FOR USE FOR LAW 
              ENFORCEMENT OR PUBLIC SAFETY PURPOSES.

    (a) In General.--Section 203(p)(1) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 484(p)(1)) is amended by 
striking ``required'' and all that follows through ``offenders as'' and 
inserting ``needed for use by the transferee or grantee for a law 
enforcement or public safety purpose''.
    (b) Application of Law to Prior Transfers and Conveyances.--Section 
203(p) of the Federal Property and Administrative Services Act of 1949 
(40 U.S.C. 484(p)) is amended by adding at the end the following:
    ``(4) Any real or related personal property transferred or conveyed 
under this subsection before the date of the enactment of this 
paragraph may, with the approval of the Attorney General, be used for a 
law enforcement or public safety purpose.''.
                                 <all>
```
UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

TODD and JESSICA BLISCHKE; 

WARREN and CHERYL HOLT; 

DERRICK and MICHELLE JOHNSON; 

THOMAS and MARIA LAMPROS; and 

DANNIE and LANETTE RASMUSSEN, 

Plaintiffs, 

v. 

TUMALO IRRIGATION DISTRICT and 

DESCHUTES COUNTY, 

Defendants. 

JUDGMENT 

Civil No.6:15-cv-01555-AA 

Pursuant to the OPINION AND ORDER signed on June 27, 2016, this action is dismissed 

and remanded to state court for further proceedings consistent with that OPINION AND ORDER. 

Dated this 27th day of June 2016. 

Ann Aiken 

United States District Judge 

JUDGMENT 

Case 6:15-cv-01555-AA Document 43 Filed 06/27/16 Page 1 of 1