alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
dxlg-ex101_6.htm



 

Exhibit 10.1

FIRST AMENDMENT to TRANSITION AGREEMENT

This First Amendment to Transition Agreement (the “First Amendment”) is made as of this 25 day of June, 2018 (the “Execution Date”) by and between Destination XL Group, Inc., a Delaware corporation (“Company”), and David A. Levin, an individual (“Executive”).  The terms “Party” or “Parties” shall be used to refer to the Company and/or Executive.  Capitalized terms not defined herein shall have the meaning ascribed in the Employment Agreement (defined below).

WHEREAS, the Company and Executive are parties to that certain Transition Agreement dated as of March 20, 2018 (the “Transition Agreement”);

WHEREAS, the Company and Executive have agreed to amend the Transition Agreement to remove a provision relating to a tax gross up in the event of a change in control; and

NOW, THEREFORE, for and in consideration of the promises and the consideration more fully set forth herein and in the Transition Agreement, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Company and Executive mutually agree as follows:

1.Paragraph 1(g) of the Transition Agreement is deleted in its entirety and replaced with the following:

(g)In the event of a Change of Control while Executive remains employed by the Company during the Term of Employment, Executive shall be paid the Remaining Payments otherwise due for the remainder of the Term of Employment in a lump sum payment on the business day immediately preceding the effective date of the Change of Control.

2.The parties acknowledge that good and valuable consideration supports this First Amendment.

3.Except as otherwise modified hereby, the terms and conditions of the Transition Agreement are hereby ratified, approved and confirmed as of the date hereof and shall remain in full force and effect.

4.This First Amendment supersedes all prior communications between the parties hereto with respect to the subject matter hereof and shall be binding upon and inure to the benefit of the parties, their respective successors and assigns.  

5.This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one agreement.  

[SIGNATURE PAGE FOLLOWS]




 

 

IN WITNESS WHEREOF, and intending to be legally bound hereby, the Parties hereby execute this First Amendment as of the first date set forth below.

 


		
	
DATED: June 25, 2018
	
Destination XL Group, Inc.  

By: /s/ Willem Mesdag  

Its: Director and Chairman, 

Compensation Committee 

 

 

	
DATED:  June 25, 2018
	
By:  /s/ David A. Levin 

        David A. Levin
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

BRANDON SMALL,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D22-3348

[April 13, 2023]

Appeal of order denying rule 3.850 from the Circuit Court for the 

Fifteenth Judicial Circuit, Palm Beach County; Jeffrey Dana Gillen, Judge;

L.T. Case No. 502014CF011955A.

Brandon Small, Miami, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed.

KLINGENSMITH, C.J., DAMOORGIAN and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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Adam L. PERRY, petitioner, v. William Earl BRITT, Judge, United States District Court for the Eastern District of North Carolina.

No. 16-9638.

Supreme Court of the United States

Oct. 2, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
----

Grant Thornton LLP Chartered Accountants Management Consultants 

Consent of Independent Accountants 

To the Board of Directors of **Gammon Lake ResourcesInc.**
We consent to the inclusion in this annual report onForm 40-F of: 
-  Our auditors' report dated  September 10, 2005 on the consolidated balance sheet of Gammon Lake Resources  Inc. as at July 31, 2005 and the consolidated statements of operations and  deficit and cash flows for the year then ended.Our auditors' report dated September 10,  2005 on Canadian & US GAAP Differences prepared under Item 17 of Form 20-F.
 

 
Halifax, Nova ScotiaGrant Thornton    LLP
June 1, 2007Chartered    Accountants
# L_2007209EN.01006201.xml

| 9.8.2007 | EN | Official Journal of the European Union | L 209/62 |
| --- | --- | --- | --- |

9.8.2007

EN

Official Journal of the European Union

L 209/62

---

DECISION OF THE EEA JOINT COMMITTEE

No 34/2007

of 27 April 2007

amending Annex XX (Environment) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

| (1) | Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 125/2006 of 22 September 2006 (1). |
| --- | --- |

(1)

Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 125/2006 of 22 September 2006 (1).

| (2) | Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (2) is to be incorporated into the Agreement, |
| --- | --- |

(2)

Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 21aj (Commission Decision 2004/461/EC) of Annex XX to the Agreement:

| ‘21ak. | 32004 L 0107: Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ L 23, 26.1.2005, p. 3).’ |
| --- | --- |

‘21ak.

Article 2

The text of Directive 2004/107/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 28 April 2007, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 27 April 2007.

For the EEA Joint Committee

The President

Alan SEATTER

---

(1)  
  OJ L 333, 30.11.2006, p. 55.

1

(2)  
  OJ L 23, 26.1.2005, p. 3.

2

(*1)  No constitutional requirements indicated.

*1

---
Kenrick HAMILTON, petitioner, v. TRANSPORTATION SECURITY ADMINISTRATION.

No. 16-9714.

Supreme Court of the United States

Oct. 2, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
# L_2005133EN.01004201.xml

| 26.5.2005 | EN | Official Journal of the European Union | L 133/42 |
| --- | --- | --- | --- |

26.5.2005

EN

Official Journal of the European Union

L 133/42

---

DECISION OF THE EEA JOINT COMMITTEE

No 180/2004

of 16 December 2004

amending Protocol 31 to the EEA Agreement on cooperation in specific fields outside the four freedoms

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Articles 86 and 98 thereof,

Whereas:

| (1) | Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No 90/2004 of 8 June 2004 (1). |
| --- | --- |

(1)

Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No 90/2004 of 8 June 2004 (1).

| (2) | It is appropriate to encourage appropriate cooperation of the Contracting Parties to the Agreement in matters covered by the activities of the Galileo Joint Undertaking as set up in Council Regulation (EC) No 876/2002 of 21 May 2002 (2). |
| --- | --- |

(2)

It is appropriate to encourage appropriate cooperation of the Contracting Parties to the Agreement in matters covered by the activities of the Galileo Joint Undertaking as set up in Council Regulation (EC) No 876/2002 of 21 May 2002 (2).

| (3) | Protocol 31 to the Agreement should therefore be amended in order to allow for this cooperation to take place, |
| --- | --- |

(3)

Protocol 31 to the Agreement should therefore be amended in order to allow for this cooperation to take place,

HAS DECIDED AS FOLLOWS:

Article 1

The following paragraph shall be inserted after paragraph 7 in Article 1 (Research and technical development) of Protocol 31 to the Agreement:

| ‘8. | The Contracting Parties shall encourage appropriate cooperation between the competent organizations, institutions and other bodies in their respective territories where it would contribute to the strengthening and broadening of cooperation in matters covered by the activities of the Galileo Joint Undertaking (*1). |
| --- | --- |

‘8.

Article 2

This Decision shall enter into force on the day following the last notification to the EEA Joint Committee under Article 103(1) of the Agreement (*2).

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 16 December 2004.

For the EEA Joint Committee

The President

Kjartan JÓHANNSSON

---

(1)  
  OJ L 349, 25.11.2004, p. 52.

1

(2)  
  OJ L 138, 28.5.2002, p. 1.

2

(*2)  No constitutional requirements indicated.

*2

---
ALVOID HARTLEY
,
Petitioner,

v.

STATE OF FLORIDA
, Respondent. ___________________________/ IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CASE NO. 1D 14

- 5037

Opinion filed December 9, 2014.

Petition Alleging Ineffective Assistance of Appellate Counsel

-- Original Jurisdiction

. Alvoid Hartley, pro se , Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee , for Respondent.

PER CURIAM.

We treat petitioner’s motion for extension of time as a petition alleging

ineffective assistance of appellate counsel for purposes of exercising our jurisdiction.

However, we find that petitioner has failed to establish good cause to extend the ti me
for filing such a petition. See Chance v. State , 65 So. 3d 1176 (Fla. 1st DCA 2011).

Accordingly, we deny relief and dismiss this proceeding.

VAN NORTWICK, ROWE, and MAKAR, JJ.
, CONCUR.
Mark MINNIS, petitioner, v. ILLINOIS.

No. 16-8052.

Supreme Court of the United States

Aug. 7, 2017.

Petition for rehearing denied.
# L_2005161EN.01004801.xml

| 23.6.2005 | EN | Official Journal of the European Union | L 161/48 |
| --- | --- | --- | --- |

23.6.2005

EN

Official Journal of the European Union

L 161/48

---

DECISION OF THE EEA JOINT COMMITTEE

No 21/2005

of 8 February 2005

amending Annex XXI (Statistics) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

| (1) | Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 175/2004 of 3 December 2004 (1). |
| --- | --- |

(1)

Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 175/2004 of 3 December 2004 (1).

| (2) | Council Regulation (EC) No 1222/2004 of 28 June 2004 concerning the compilation and transmission of data on the quarterly government debt (2) is to be incorporated into the Agreement. |
| --- | --- |

(2)

Council Regulation (EC) No 1222/2004 of 28 June 2004 concerning the compilation and transmission of data on the quarterly government debt (2) is to be incorporated into the Agreement.

| (3) | This Decision is not to apply to Liechtenstein, |
| --- | --- |

(3)

This Decision is not to apply to Liechtenstein,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 19p (Council Regulation (EC, Euratom) No 1287/2003) of Annex XXI to the Agreement:

| ‘19q. | 32004 R 1222: Council Regulation (EC) No 1222/2004 of 28 June 2004 concerning the compilation and transmission of data on the quarterly government debt (OJ L 233, 2.7.2004, p. 1).
  The provisions of the Regulation shall, for the purposes of the present Agreement, be read with the following adaptation:
  This Regulation shall not apply to Liechtenstein.’ |
| --- | --- |

‘19q.

The provisions of the Regulation shall, for the purposes of the present Agreement, be read with the following adaptation:

This Regulation shall not apply to Liechtenstein.’

Article 2

The texts of Regulation (EC) No 1222/2004 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 9 February 2005, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 8 February 2005.

For the EEA Joint Committee

The President

Richard WRIGHT

---

(1)  
  OJ L 133, 26.5.2005, p. 29.

1

(2)  
  OJ L 233, 2.7.2004, p. 1.

2

(*1)  No constitutional requirements indicated.

*1

---
dest-ex102_180.htm



Exhibit 10.2

 

April 23, 2018

David R. Stern

c/o Destination Maternity Corporation 

232 Strawbridge Drive

Moorestown, NJ 08057

Re: Amendment to Employment Agreement

Dear Mr. Stern: 

Reference is made to that certain Employment Agreement (as may have been amended, the “Agreement”), by and between you and Destination Maternity Corporation (the “Company”). Unless defined herein, capitalized terms used herein shall have the meanings assigned in the Agreement.

The Company desires to provide for accelerated vesting of certain time-vested equity incentive awards (such as stock option or restricted stock awards) that are currently held by you in the event of a Change in Control, under certain circumstances.

Accordingly, the Company hereby adds a new Section 11 to the Agreement as follows: 

11.Treatment of Time-Vested Equity Awards.  All time-vested equity incentive awards (such as stock option or restricted stock awards) that are held by Executive on April 23, 2018 and that, as of the time immediately prior to a Change in Control, remain outstanding and otherwise unvested will vest at that time, provided Executive remains in service with the Company through the closing of such Change in Control.

Except as specifically provided in and modified by this letter, the Agreement is in all other respects hereby ratified and confirmed and references to the Agreement shall be deemed to refer to the Agreement, as modified by in this letter.

 


	
Company
	
 
	
 
	
 
	
Executive:

	
 
	
 
	
 
	
 
	
 

	
By
	
 
	
/s/ Ronald K. Masciantonio
	
 
	
/s/ David R. Stern

	
Name:
	
 
	
Ronald J. Masciantonio
	
 
	
David R. Stern

	
Title:
	
 
	
Executive Vice President & Chief
	
 
	
 

	
 
	
 
	
Administrative Officer
Donald J. TRUMP, President of the United States, et al., petitioners, v. HAWAII, et al.

No. 16-1540 (16A1191).

Supreme Court of the United States

July 19, 2017.

The Government's motion seeking clarification of our order of June 26, 2017, is denied. The District Court order modifying the preliminary injunction with respect to refugees covered by a formal assurance is stayed pending resolution of the Government's appeal to the Court of Appeals for the Ninth Circuit.

Justice THOMAS, Justice ALITO, and Justice GORSUCH would have stayed the District Court order in its entirety.
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HomeCFTC Headquarters
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AMERICAN ECONOMY INSURANCE COMPANY, et al., petitioners, v. NEW YORK, et al.

No. 17-1179.

Supreme Court of the United States

June 4, 2018.

Petition for writ of certiorari to the Court of Appeals of New York denied.
EXHIBIT 32.1
                   Certification of Periodic Financial Report
                       Pursuant to 18 U.S.C. Section 1350

For purposes of 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002,  the  undersigned,  Buck A. Mickel,  the chief
executive officer of RSI Holdings, Inc. (the "Company"),  hereby certifies that,
to his knowledge:

(i) the  Quarterly  Report on Form 10-QSB of the  Company for the quarter  ended
February 29, 2004, as filed with the Securities  and Exchange  Commission on the
date hereof (the "Report") fully complies with the requirements of section 13(a)
or 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.

Dated:  April 14, 2004


/s/ Buck A. Mickel
-----------------------------
Buck A. Mickel
President and Chief Executive Officer



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