alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.6

Options Media Group Holdings, Inc.

123 NW 13th Street, Suite 300

Boca Raton, Florida 33432



October 23, 2009





GFT Holdings, Inc.

5014 Sanctuary Lane

Boca Raton, FL 33431

Attention: Nelson Gerard, President



Re:

Secured Loan Agreement



Dear Mr. Gerard:



This letter agreement (the Agreement) sets forth the terms and conditions for the amendment of that certain Secured Promissory Note dated March 13, 2009 in the original principal amount of $300,000 made by Options Media Group Holdings, Inc., a Nevada corporation (Company) in favor of GFT Holdings, Inc. (Holder), as amended by that certain letter agreement dated August 13, 2009 (the Note) and that certain Secured Loan Agreement dated March 13, 2009 between the Company and the Holder, as amended by that certain letter agreement dated August 13, 2009 (the Loan Agreement).



In consideration for the Holder extending the due date of the Note from September 30, 2009 to December 31, 2009 at which time the entire principal balance and all accrued interest shall be due and payable, waiving interest which has accrued under the Note through September 30, 2009, and not exercising the right to charge default interest under the Note, the Company shall, upon receipt of the Holders executed Agreement, the original Note, and an investment representation letter in the form attached hereto as Exhibit A, issue the Holder an amended and restated note in the form attached hereto as Exhibit B and 500,000 shares of common stock of the Company.



All other terms and conditions of the Loan Agreement and of any guaranty or indemnity agreement executed and delivered by anyone in connection herewith or therewith shall remain in full force and effect.



If the foregoing is acceptable to you, please sign in the place indicated below and return an executed copy to us.



| |  |                        
| |  | -----------------------
| |  | Very truly yours,      
| |  |                        
| |  |                        
| |  | Scott Frohman          
| |  | Chief Executive Officer



---

GFT Holdings, Inc.

October 23, 2009

Page 2









| |  | 
| |  | 





AGREED AND ACCEPTED:





GFT Holdings, Inc.



By: __________________________

Nelson Gerard, President
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1448 Reported in House (RH)]

                                                 House Calendar No. 204
111th CONGRESS
  2d Session
H. RES. 1448

                          [Report No. 111-508]

 Providing for further consideration of the bill (H.R. 5297) to create 
the Small Business Lending Fund Program to direct the Secretary of the 
Treasury to make capital investments in eligible institutions in order 
 to increase the availability of credit for small businesses, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2010

  Mr. Perlmutter, from the Committee on Rules, reported the following 
resolution; which was referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________

                               RESOLUTION

 
 Providing for further consideration of the bill (H.R. 5297) to create 
the Small Business Lending Fund Program to direct the Secretary of the 
Treasury to make capital investments in eligible institutions in order 
 to increase the availability of credit for small businesses, and for 
                            other purposes.

    Resolved, That during further consideration of the bill (H.R. 5297) 
to create the Small Business Lending Fund Program to direct the 
Secretary of the Treasury to make capital investments in eligible 
institutions in order to increase the availability of credit for small 
businesses, and for other purposes, pursuant to House Resolution 1436, 
it shall be in order to consider the amendments printed in the report 
of the Committee on Rules accompanying this resolution as though they 
were the last two amendments printed in part C of House Report 111-506.
                                                 House Calendar No. 204

111th CONGRESS

  2d Session

                              H. RES. 1448

                          [Report No. 111-508]

_______________________________________________________________________

                               RESOLUTION

 Providing for further consideration of the bill (H.R. 5297) to create 
the Small Business Lending Fund Program to direct the Secretary of the 
Treasury to make capital investments in eligible institutions in order 
 to increase the availability of credit for small businesses, and for 
                            other purposes.

_______________________________________________________________________

                             June 16, 2010

        Referred to the House Calendar and ordered to be printed
```
exhibit101.htm








Exhibit 10.1


 


DESCRIPTION OF 2016 CASH BONUS PLAN








In February 2016, the Compensation Committee (the "Committee") of the Board of Directors (the "Board") of Covenant Transportation Group, Inc., a Nevada corporation (the "Company"), approved performance-based bonus opportunities for the Company's senior management group (the "Program") under the Company's 2006 Omnibus Incentive Plan, as amended (the "Plan").  As set forth in the Plan, the Committee may choose from a range of defined performance measures.







Under the Program, and consistent with the objectives of the Plan, certain employees, including the Company's named executive officers, may receive bonuses upon satisfaction of fiscal 2016 consolidated adjusted earnings per share targets (and, for Sam Hough and Jim Brower, the satisfaction of fiscal 2016 operating income and operating ratio targets established for the Company's subsidiaries, Covenant Transport, Inc. ("CTI") and Star Transportation, Inc. ("Star"), respectively) (collectively, the "Performance Targets").  Each applicable Performance Target corresponds to a percentage bonus opportunity for the employee that is multiplied by the employee's 2016 year-end annualized salary to determine the employee's bonus.  Pursuant to the Program, in 2016 the Company's named executive officers are eligible to receive performance bonuses as follows: (i) David Parker may receive between 32.5% and 130.0% of his 2016 year-end annualized salary depending on the consolidated Performance Targets achieved, if any, (ii) Joey Hogan may receive between 30% and 120.0% of his 2016 year-end annualized salary depending on the consolidated Performance Targets achieved, if any, (iii) Richard Cribbs may receive between 25.0% and 100.0% of his 2016 year-end annualized salary depending on the consolidated Performance Targets achieved, if any, (iv) Sam Hough may receive between 7.5% and 30.0% of his 2016 year-end annualized salary depending on the consolidated Performance Targets achieved, if any, and between 17.5% and 70.0% of his 2016 year-end annualized salary depending on the Performance Targets achieved for CTI, if any, and (v) Jim Brower may receive between 7.5% and 30.0% of his 2016 year-end annualized salary depending on the consolidated Performance Targets achieved, if any, and between 17.5% and 70.0% of his 2016 year-end annualized salary depending on the Performance Targets achieved for Star, if any.  The performance bonuses based upon consolidated Performance Targets are subject to a 10.0% upward or downward adjustment depending upon year-over-year net income margin percent improvement/decline of the Company compared to five peer companies.




 


Back to Form 10-Q
ex10-1.htm


 


Exhibit 10.1


 



AMENDMENT NO. 2 TO


STOCK PURCHASE AGREEMENT







This AMENDMENT NO. 2 TO STOCK PURCHASE AGREEMENT (this “Amendment”) is made as of the 25th day of March, 2016, by and between Arotech Corporation, a Delaware corporation (the “Company”) and Admiralty Partners, Inc., a Delaware corporation (the “Investor”).







WHEREAS, the parties hereto have entered into that certain Stock Purchase Agreement dated as of February 3, 2016, as amended on February 23, 2016 (the “Purchase Agreement”); and







WHEREAS, the Parties desire to further amend the Purchase Agreement as set forth herein.







NOW, THEREFORE, in consideration of the mutual promises made herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:







1.           Definitions.  Any capitalized terms used but not defined herein shall have the meanings ascribed to them in the Purchase Agreement.







2.           Voting Agreement Term.  The definition of “Voting Agreement Term,” defined in Section 8.1 of the Purchase Agreement as being until July31, 2018, is hereby changed to being until July 31, 2017, such that the first clause at the beginning of Section 8.1 reads as follows:







“The Investor hereby agrees that, until July 31, 2017 (the “Voting Agreement Term”),...”







3.           No Other Amendments, Modifications or Waivers.  Except as expressly set forth herein, (a) nothing contained herein shall be deemed to constitute an amendment, modification or waiver, express or implied, of any term or provision of the Purchase Agreement or any other Transaction Document and (b) the Purchase Agreement and all other Transaction Documents are and shall remain in full force and effect in accordance with their terms.







4.           Miscellaneous.  The provisions of Section 10 (Miscellaneous) of the Purchase Agreement shall apply mutatis mutandis to this Amendment.







5.           Counterparts; Electronic Signature.  This Amendment may be executed in multiple counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement. This Amendment may be executed by facsimile or electronic (.pdf) signature and a facsimile or electronic (.pdf) signature shall constitute an original for all purposes.







[Remainder of Page Intentionally Left Blank]


 




  





  











  






 


 


IN WITNESS WHEREOF, the parties have executed this Agreement or caused their duly authorized officers to execute this Agreement as of the date first above written.


 




	
The Company:

	
AROTECH CORPORATION


	  	  
	 	
By: /s/ Steven Esses                               


	 	
Name: Steven Esses


	 	
Title: President and CEO


	  	  
	 	 
	
The Investor:

	
ADMIRALTY PARTNERS, INC.


	  	  
	 	
By: /s/ Jon B. Kutler                                


	 	
Name: Jon B. Kutler


	 	
Title: Chairman and CEO











 


 


 


 




  






[Signature Page to Amendment No. 2 to Stock Purchase Agreement]
**Exhibit 8.1**

 

**Telecom Argentina S.A. Subsidiaries**

 
| **Name**                           | ** ** | **Jurisdiction of Incorporation** |
|------------------------------------|------------|---------------------------------------------|
| Telecom   Personal S.A.            |       | Argentina                                   |
|                               |       |                                        |
| Núcleo   S.A. (1)             |       | Paraguay                                    |
|                               |       |                                        |
| Springville   S.A. (1)(2)          |       | Uruguay                                     |
|                               |       |                                        |
| Micro   Sistemas S.A. (2)          |       | Argentina                                   |
|                               |       |                                        |
| Telecom   Argentina USA, Inc. |       | Delaware,   United States                   |

 

----

(1)          Interest held indirectly through Telecom Personal S.A.

(2)          Dormant Entity in all periods reported.

 

----
```

[Federal Register: July 21, 1998 (Volume 63, Number 139)]
[Notices]
[Page 39074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy98-39]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

TIME AND PLACE: 2:00 p.m., Monday, August 10, 1998.

PLACE: 1155 21st St., N.W., Washington, D.C., 9th Floor Conference
Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Adjudicatory Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 98-19528 Filed 7-17-98; 3:32 pm]
BILLING CODE 6351-01-M
```

----

**======== RETURN TO INDEX    ========**

----
[880 NYS2d 605]

#### In the Matter of Stephen J. Katz (Admitted as Stephen Joshua Katz), an Attorney, Respondent. Departmental Disciplinary Committee for the First Judicial Department, Petitioner.

First Department,

May 19, 2009

APPEARANCES OF COUNSEL

*Alan W. Friedberg, Chief Counsel, Departmental Disciplinary Committee,*New York City *(Orlando Reyes*of counsel), for petitioner.

No appearance for respondent.

OPINION OF THE COURT

Per Curiam.

Respondent Stephen J. Katz was admitted to the practice of *164law in the State of New York by the Second Judicial Department on October 24, 2001. At all times relevant to this proceeding, respondent has maintained his principal place of business within the First Judicial Department.

On July 7, 2008, respondent pleaded guilty in Supreme Court, New York County, to one count of attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16), a class C felony, and one count of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06), a class D felony, in full satisfaction of two separate indictments. Respondent admitted that on May 18, 2007 he knowingly and unlawfully possessed the hallucinogenic “MDMA,” a controlled substance, with the intent to sell it, and that on June 1, 2007 he knowingly and unlawfully attempted to possess at least one gram of “MDMA” and “MA,” another hallucinogen, with the intent to sell it. On September 2, 2008, respondent was sentenced to two concurrent prison terms of one year.

The Departmental Disciplinary Committee now moves for an order, pursuant to Judiciary Law § 90 (4) (b), striking respondent’s name from the roll of attorneys on the ground that he was automatically disbarred as of the date of his conviction of a felony, as defined by Judiciary Law § 90 (4) (e) (see *Matter of Berman,*53 AD3d 11 [2008]; *Matter of Cherry,*51 AD3d 119 [2008]). For the purposes of automatic disbarment, conviction occurs at the time of plea or verdict *(see Matter of Sheinbaum,*47 AD3d 49 [2007]; *Matter of Ramirez,*7 AD3d 52 [2004]), and respondent’s conviction of two drug-related felonies constitutes grounds for automatic disbarment (see *Matter of Weinstat,*128 AD2d 90 [1987]; *Matter of Hill,*61 AD2d 185 [1978]).

Accordingly, the Committee’s motion should be granted, and respondent’s name stricken from the roll of attorneys and counselors-at-law, effective nunc pro tunc to July 7, 2008, the date of entry of his guilty plea.

Gonzalez, EJ., Tom, Sweeny, Buckley and Acosta, JJ., concur.

Respondent’s name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to July 7, 2008.
----

            COMMISSION REGULATION (EC) No 1146/2004

of 22 June 2004         

fixing the definitive rate of refund and the percentage of system B export licences to be issued in the fruit and vegetables sector (tomatoes, oranges and apples)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1),

Having regard to Commission Regulation (EC) No 1961/2001 of 8 October 2001 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables (2), and in particular Article 6(7) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For applications for system B export licences submitted pursuant to Article 1 of Regulation (EC) No 766/2004 between 7 May and 3 June 2004, the percentages of licences to be issued and the rates of refund applicable are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 23 June 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 June 2004.

For the Commission

J. M. SILVA RODRÍGUEZ            

Agriculture Director-General

----

(1)OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 1).

(2)OJ L 268, 9.10.2001, p. 8. Regulation as amended by Regulation (EC) No 1176/2002 (OJ L 170, 29.6.2002, p. 69).

(3)OJ L 120, 24.4.2004, p. 26.

----

ANNEX

Percentages for the issuing of licences and rates of refund applicable to system B licences applied for between 7 May and 3 June 2004 (tomatoes, oranges and apples)

----
U.S. COMMODITY FUTURES TRADING COMMISSION
Three Lafayette Centre
1155 21st Street, NW, Washington, DC 20581
Telephone: (202) 418-5000
Facsimile: (202) 418-5521
www.cfte.gov

January 22, 2016

Suellen M, Galish

Senior Managing Director

& General Counsel

Javelin Capital Markets, LLC

443 Park Avenue South, Suite 1000
New York, NY 10016

Re: Application of Javelin SEF, LLC for Registration as a Swap Execution Facility

Dear Ms. Galish:

By submissions dated September 11, 2013 through January 4, 2016, Javelin SEF, LLC
(“Javelin”) has applied to the Commodity Futures Trading Commission (“Commission”),
pursuant to Section Sh of the Commodity Exchange Act (“Act”), 7 U.S.C. § 7b-3, and
Commission Regulation 37.3(b), 17 C.F.R. § 37.3(b), for registration as a swap execution facility
(“SEF”),

The Commission has reviewed Javelin’s application and has determined to grant Javelin
registration as a SEF, subject to the terms and conditions specified in the accompanying Order of
Registration.

Sincerely,

ae ffl

Christopher J. Kirkpatrick
Secretary of the Commission
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: BENEDICT K. GOODMAN 

DOCKET NUMBER: 105 

DOCUMENT TYPE: ISSUANCE OF COMPLAINT 

UNITED STATES DEPARTMENT OF AGRICULTURE 

Commodity Exchange Authority 

Washington 25, D. C. 

ISSUANCE OF COMPLAINT -- CEA DOCKET NO. 105 

(Administrative Hearing under the Commodity Exchange Act) 

A complaint and notice of hearing has been signed by the Assistant Secretary 

of Agriculture, charging violation of the Commodity Exchange Act by: 

Benedict K. Goodman 

(Chicago, Illinois) 

The complaint charges that the respondent exceeded the limit on speculative 

positions in soybean futures on the Chicago Board of Trade on 112 business days 

during the period from November 5, 1958, through April 20, 1959. The complaint 

also charges that the respondent failed to file 14 reports and failed to include 

all of his transactions and positions on 48 reports on certain days during the 

November 5, 1958 April 20, 1959, period. The respondent concealed his 

violations by carrying part of his positions in accounts carried in the name of 

the Library Plaza Corporation. 

The issuance of a complaint under the Commodity Exchange Act does not 

constitute proof of violation of the law. Such violation is established only 

when the Judicial Officer of the Department has made a determination that the 

evidence substantiates allegations in the complaint. Complaints are filed in 

the Office of the Hearing Clerk of the Department of Agriculture and are a 

matter of public record. Pending disposition by the Judicial Officer, it is the 

policy of the Commodity Exchange Authority not to comment or elaborate on 

charges contained in complaints or to discuss evidence on which they are based. 

A public hearing on the complaint is scheduled to be held before a referee at 

10:00 a.m., local time, March 5, 1962, in Chicago, Illinois. 

LOAD-DATE: June 12, 2008 
Page 2
**Exhibit 99.1**

**CERTIFICATION PURSUANT TO SECTION 906****OF THE SARBANES-OXLEY ACT OF 2002**

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.§ 1350, as adopted),  John Monahan, Chief Executive Officer and President of Avigen, Inc. (the “Company”), and Thomas J. Paulson, Chief Financial Officer of the Company, each hereby certify that, to the best of his knowledge:

**1.**  The Company’s Annual Report on Form 10-K for the period ended December 31, 2002, to which this Certification is attached as Exhibit 99.1 (the “Annual Report”) fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, and

**2.**  The information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

A signed original of this written statement required by Section 906 has been provided to Avigen, Inc. and will be retained by Avigen, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

**In Witness Whereof,** the undersigned have set their hands hereto as of the 26th day of March, 2003.

 

|   |   |   |                                    |
|--------|--------|--------|-----------------------------------------|
|        |   |   | /s/ JOHN MONAHAN                        |
|   |   |   |                                         |
|   |   |   | John Monahan***Chief Executive Officer* |

 

|   |   |   |                                       |
|--------|--------|--------|--------------------------------------------|
|        |   |   | /s/ THOMAS J. PAULSON                      |
|   |   |   |                                            |
|   |   |   | Thomas J. Paulson*Chief Financial Officer* |
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               JUN-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                       3,407,057
<SECURITIES>                                 9,631,979
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            13,039,036
<PP&E>                                       3,249,118
<DEPRECIATION>                               1,597,913
<TOTAL-ASSETS>                              14,760,353
<CURRENT-LIABILITIES>                        1,103,157
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,288
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                14,760,353
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                              (6,384,628)
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              69,978
<INCOME-PRETAX>                            (5,576,552)
<INCOME-TAX>                                     1,654
<INCOME-CONTINUING>                        (5,578,206)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,578,206)
<EPS-PRIMARY>                                    (.77)
<EPS-DILUTED>                                    (.77)
        

</TABLE>