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



Exhibit 10.12





FIRST AMENDMENT TO EXECUTIVE EMPLOYMENT AND NON-COMPETITION AGREEMENT




 This First Amendment to Executive Employment and Noncompetition Agreement ("Amendment") is dated as of November 20, 2018, and amends the Executive Employment and Noncompetition Agreement dated August 10, 2017 ("Agreement") between Papa Murphy’s Holdings, Inc. ("Company") and Weldon Spangler (the "Executive"). 


WHEREAS, the Company and Executive entered into that certain Executive Employment and Non-Competition Agreement dated as of August 10, 2017; 
WHEREAS, the parties now desire to amend the Agreement as set forth herein;
WHEREAS, the Company desires to be assured that the confidential information and goodwill of the Company will be preserved for the exclusive benefit of the Company;
WHEREAS, the Company desires to be assured that the unique and expert services of the Executive will continue to be available to the Company, and that the Executive is willing and able to render such services on the terms and conditions hereinafter set forth; and
NOW, THEREFORE, in consideration of such employment and the mutual covenants and promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company and Executive agree as follows:
1.Section 5.6(b) of the Agreement is amended and restated in its entirety as follows:
     "(b) Accelerated Vesting of Equity Compensation Upon a Change in Control. In the event of a Change in Control, and effective immediately prior to the Change in Control: (1) outstanding stock options held by Executive shall become immediately fully exercisable; (2) for outstanding restricted stock awards, any vesting or performance requirements shall be deemed satisfied, and any Company repurchase rights shall immediately terminate; (3) with respect to any outstanding equity compensation awards other than stock options and restricted stock awards (but including restricted stock units) with solely time-based vesting, Executive will immediately vest in and have the right to exercise or payment of such awards, all restrictions on such awards will lapse, and all other terms and conditions of such awards will be deemed met; (4) with respect to any outstanding equity compensation awards other than stock options and restricted stock awards (but including restricted stock units) with performance-based vesting that has not yet occurred, Executive will immediately vest in and have the right to exercise or payment of such awards, all restrictions on such awards will lapse, and all other terms and conditions of such awards will be deemed met, as if the performance goals had been achieved at the target level." 


2.Except as modified, all terms of the Agreement remain in effect. In the event of a conflict between the terms of the Agreement and this Amendment, the Amendment shall control.
COMPANY:


1









PAPA MURPHY’S HOLDINGS, INC.




By:  /s/ Jean M. Birch                
      Jean M. Birch
      Chair of the Board    


EXECUTIVE:




  /s/ Weldon Spangler                
Weldon Spangler




2
Marcus Deshonne HAYS, petitioner, v. J. SOTO, Warden.

No. 17-9531.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Mike CASSIANO, petitioner, v. UNITED STATES.

No. 17-9247.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The Honorable Jane A. Restani, Judge of the United States Court of **

International Trade, sitting by designation.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

LAZARO NAZARIO VAIL-DIAZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-74634

Agency No. A096-385-916

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Argued and Submitted November 5, 2010

San Francisco, California

Before: HALL and THOMAS, Circuit Judges, and RESTANI, Judge.** 

Lazaro Nazario Vail-Diaz, a native and citizen of Guatemala, petitions for

review of the Board of Immigration Appeals (“BIA”) decision affirming the

immigration judge’s denial of his applications for asylum, withholding of removal,

and protection under the Convention Against Torture. We deny the petition.

FILED

NOV 17 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

The BIA properly rejected Vail-Diaz’s asylum claim as time-barred. VailDiaz did not file an application for asylum within the statutorily mandated period

of one year. 8 U.S.C. § 1158(a)(2)(B). Substantial evidence supports the BIA’s

conclusion that Vail-Diaz had not proven the extraordinary circumstances

necessary to justify the late filing. 

Substantial evidence also supports the BIA’s adverse credibility

determination. Vail-Diaz’s testimony was inconsistent on numerous occasions,

and those inconsistencies went to the heart of his claim. In addition, when read as

a whole, the record demonstrates frequent changes in Vail-Diaz’s story when asked

for clarification about the details, which supports the BIA’s determination that he

was not credible. Therefore, the BIA did not err in rejecting his application for

withholding of removal.

Substantial evidence also supports the BIA’s conclusion that Vial-Diaz did

not establish it was more likely than not that he would be tortured upon his return

to Guatemala, and thus ineligible for relief under the Convention Against Torture. 

8 C.F.R. § 1208.16(c)(2). Vial-Diaz has returned to Guatemala numerous times

since he left, and his wife and children continue to live there unharmed.

PETITION DENIED.
A99A0015.

#### GRANT v. THE STATE.

(535 SE2d 24)

Decided May 17, 2000.

*L. Elizabeth Lane,*for appellant.

*Charles H. Weston, District Attorney, Wayne G. Tillis, Howard Z. Simms, Assistant District Attorneys,*for appellee.

Smith, Presiding Judge.

In *Grant v. State,*272 Ga. 213 (528 SE2d 512) (2000), the Supreme Court reversed our decision in *Grant v. State,*237 Ga. App. 892 (515 SE2d 872) (1999), in which we affirmed the trial court’s denial of Grant’s motion to set aside his conviction based on Grant’s failure to show affirmatively by the record that the jury was not sworn. Accordingly, our opinion is vacated, and the judgment of the Supreme Court is made the judgment of this Court. Grant’s conviction is reversed, and his case is remanded for retrial.

*Judgment reversed and case remanded.*

*Pope, P. J., and Eldridge, J., concur.*
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Small Business Administration [Disaster Declaration #17440 and #17441; NEW MEXICO Disaster Number NM-00080]
 AGENCY: Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the State of New Mexico (FEMA-4652-DR), dated 05/04/2022. *Incident:*
                         Wildfires and Straight-line Winds. *Incident Period:*
                         04/05/2022 and continuing.
 DATES: Issued on 05/04/2022. *Physical Loan Application Deadline Date:*
                         07/05/2022. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         02/06/2023.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 05/04/2022, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties (Physical Damage and Economic Injury Loans):*
                     Colfax, Lincoln, Mora, San Miguel, Valencia. *Contiguous Counties (Economic Injury Loans Only):* New Mexico: Bernalillo, Chaves, Cibola, De Baca, Guadalupe, Harding, Otero, Quay, Rio Arriba, Santa Fe, Sierra, Socorro, Taos, Torrance, Union. Colorado: Costilla, Las Animas. The Interest Rates are: Percent*For Physical Damage:*Homeowners with Credit Available Elsewhere
2.875Homeowners without Credit Available Elsewhere
1.438Businesses with Credit Available Elsewhere
5.880Businesses without Credit Available Elsewhere
2.940Non-Profit Organizations with Credit Available Elsewhere
1.875Non-Profit Organizations without Credit Available Elsewhere
1.875*For Economic Injury:*Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere
2.940Non-Profit Organizations without Credit Available Elsewhere
1.875
 The number assigned to this disaster for physical damage is 17440 5 and for economic injury is 17441 0. (Catalog of Federal Domestic Assistance Number 59008) Joshua Barnes, Acting Associate Administrator for Disaster Assistance.


[FR Doc. 2022-10439 Filed 5-13-22; 8:45 am] BILLING CODE 8026-09-P
“Exhibit 33”

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

 

In connection with the Annual Report of Golden Patriot, Corp. (the “Company”), on Form 10-KSB for the period ending April 30,2007, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Bradley Rudman, President and 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 duly 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 Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

/s/ Bradley Rudman

___________________________

Bradley Rudman, President & Chief Financial Officer

May 8, 2008
ttoo-ex1047_827.htm



                     Exhibit 10.47

AMENDMENT 

TO

CHANGE OF CONTROL SEVERANCE AGREEMENT

 

This Amendment to Change of Control Severance Agreement is entered into as of June 6, 2017, by and between T2 Biosystems, Inc., a Delaware corporation having its principal place of business at 101 Hartwell Avenue, Lexington, Massachusetts 02421 USA (“T2 Bio”) and Michael Gibbs (“Employee”).  Capitalized terms used herein without definition shall have the meaning ascribed thereto in the Severance Agreement (as defined below). 

 

Recitals

 

A.T2 Bio and Employee previously executed that certain Letter Agreement governing severance compensation and payments upon a Change in Control, dated as of October 29, 2014 (as may be amended, restated, or otherwise modified, the “Severance Agreement”).

 

B.T2 Bio and Distributor desire to amend the Severance Agreement.

 

NOW THEREFORE, in consideration of the foregoing and the mutual agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties to this Amendment agree to amend the Severance Agreement in accordance with Section 4(a) thereof as follows:

  

1. Amendment to Section 1(a).  Section 1(a) of the Severance Agreement is hereby amended by deleting it in its entirety and replacing it with the following:

 

“(a)the Company will pay you severance in an amount equal to 12 months of your then current annual base salary, payable in equal installments over a period of 12 months (the “Severance Period”) in accordance with the Company’s payroll practices, commencing on your termination of employment;”

 

2.No Other Amendments.  Except to the extent amended hereby, all of the definitions, terms, provisions and conditions set forth in the Severance Agreement are hereby ratified and confirmed and shall remain in full force and effect.  The Severance Agreement and this Amendment shall be read and construed together as a single agreement and the term “Agreement” shall henceforth be deemed a reference to the Severance Agreement as amended by this Amendment.  This Amendment may be signed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument.  In making proof of this Amendment, it shall not be necessary to produce or account for more than one such counterpart.

 

 

[Signature Page Follows]






 

 

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives below.

 


					
	
T2 BIOSYSTEMS, INC.
	
 
	
 

 

	
By:
	
/s/ John McDonough__________
	
 
	
By:
	
/s/ Michael Gibbs

	
 
	
 
	
 
	
 
	
 

	
Name:
	
John McDonough
	
 
	
Name:
	
Michael Gibbs

	
Title:
	
President & CEO
	
 
	
Date:
	
 June 6, 2017




 

 

 

 




2

 



 

 

3
EXHIBIT 32.1

                                  AIRTRAX, 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 Annual Report of Airtrax, Inc (the "Company") on Form
10-KSB/A for the period ended December 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Peter Amico, Chief
Executive Officer and Acting Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. ss.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 results of operations of the Company.

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



Date: November 3, 2005

                              /s/ Peter Amico
                              ---------------
                              Peter Amico
                              Chief Executive Officer and Acting Chief Financial
                              Officer
No. 3154-0016-E002



                                   ENDORSEMENT
                                   -----------

Attached to and forming part of PROPERTY AND CASUALTY EXCESS OF LOSS REINSURANCE
AGREEMENT NO. 3154-0016 between PENN-AMERICA INSURANCE COMPANY, PENN-STAR
INSURANCE COMPANY, both of Hatboro, Pennsylvania, (hereinafter referred to as
the "Company"), and AMERICAN RE-INSURANCE COMPANY, a Delaware Corporation with
administrative offices in Princeton, New Jersey (hereinafter referred to as the
"Reinsurer")

It is understood and agreed that effective 12:01 a.m., Eastern Standard Time,
January 1, 2004, this Agreement is canceled in accordance with the provisions of
ARTICLE XVI, COMMENCEMENT AND TERMINATION. The Reinsurer shall not be bound on
any risk on or after the aforementioned date. All risks bound under the terms of
this Agreement which are in effect as of said date shall remain in force until
cancellation or natural expiration thereof.

It is further understood and agreed that notwithstanding the cancellation of
this Agreement, the provisions of this Agreement shall continue to apply to all
unfinished business hereunder until all obligations and liabilities incurred by
each party thereunder prior to said date shall be fully performed and
discharged.

IN WITNESS WHEREOF the parties hereto have caused this Endorsement to be
executed in duplicate in Hatboro, Pennsylvania, this 28th day of June, 2004;

ACCEPTED:
PENN-AMERICA INSURANCE COMPANY
PENN-STAR INSURANCE COMPANY

/s/ Joseph F. Morris
--------------------

and in Princeton, New Jersey, this 21 day of June 2004.


                                              AMERICAN RE-INSURANCE COMPANY



                                              /s/
                                              ------------------------------
                                              Vice President


DATED:  June 15, 2004


<PAGE>
Konstantinos X. FOTOPOULOS, petitioner, v. FLORIDA.

No. 18-5060.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the Supreme Court of Florida denied.
In Re TAE HON CHON, petitioner.

No. 18-9378.

Supreme Court of the United States

June 17, 2019.

Motion of petitioner for leave to proceed *in forma pauperis* denied, and the petition for writ of habeas corpus dismissed. See Rule 39.8.
Michael P. JOHNSON, petitioner, v. Mark HOOKS, Warden.

No. 18-8937.

Supreme Court of the United States

June 10, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
James TROIANO, petitioner, v. UNITED STATES.

No. 18-9275.

Supreme Court of the United States

June 17, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Exhibit
32.1





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 Annual Report of Medifast, Inc. (the “Company”) on Form 10-Q
for the quarter ended June 30, 2009, as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, Michael S. McDevitt, Chief
Executive Officer and Chief Financial Officer, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, to the best of my knowledge, that:





(1)
            The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934, as amended;
  and





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





By:
                /s/ Michael S. McDevittMichael
      S. McDevittChief
      Executive Officer, Chief Financial OfficerAugust
      6, 2009
IB

Union Calendar No. 111

106TH CONGRESS

1ST SESSION H. R. 1653

[Report No. 106–195]

To approve a governing international fishery agreement between the United

States and the Russian Federation.

IN THE HOUSE OF REPRESENTATIVES

APRIL 29, 1999

Mr. YOUNG of Alaska (for himself, Mr. SAXTON, and Mr. FALEOMAVAEGA)

(all by request): introduced the following bill; which was referred to the

Committee on Resources

JUNE 22, 1999

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To approve a governing international fishery agreement

between the United States and the Russian Federation.

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

3 SECTION 1. RUSSIAN FEDERATION FISHING AGREEMENT.

4 Notwithstanding any provision of the Magnuson-Ste5 vens Fishery Conservation and Management Act (16
2

•HR 1653 RH

1 U.S.C. 1801 et seq.), the governing international fishery

2 agreement entered into between the Government of the

3 United States and the Government of the Russian Federa4 tion, as contained in the message to Congress from the

5 President of the United States dated January 20, 1999,

6 is approved by the Congress and shall enter into force and

7 effect with respect to the United States on the date of

8 the enactment of this Act.

Union Calendar No. 111

106TH CONGRESS

1ST SESSION H. R. 1653

[Report No. 106–195]

A BILL

To approve a governing international fishery agreeFederation. ment between the United States and the Russian

JUNE 22, 1999

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
#### **EXHIBIT 32**

## ** **

## **MID-ATLANTICREALTY TRUST**

## ** **

## **CERTIFICATIONPURSUANT TO**

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

## **ASADOPTED PURSUANT TO**

## **SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

## ** **

 

Pursuant to, and for purposes only of, 18 U.S.C. § 1350, I, F. PatrickHughes, President and Chief Executive Officer of Mid-Atlantic Realty Trust (the“Company”) hereby certify that (i) the Quarterly Report of the Company on Form10-Q for the quarter ended June 30, 2003 filed with the Securities and ExchangeCommission (the “Report”) fully complies with the requirements of Section 13(a)or 15(d) of the Securities Exchange Act of 1934, and (ii) information containedin the Report fairly presents, in all material respects, the financialcondition and results of operations of the Company.

 

 
| Dated: August 14, 2003 | /s/ F. Patrick Hughes                  |   |
|------------------------|----------------------------------------|--------|
|                   | F. Patrick Hughes                      |
|                   | President and Chief Executive  Officer |

 

----

 

## **MID-ATLANTICREALTY TRUST**

## ** **

## **CERTIFICATIONPURSUANT TO**

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

## **ASADOPTED PURSUANT TO**

## **SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

 

 

Pursuant to, and for purposes only of, 18 U.S.C. § 1350, I, Deborah R.Cheek, Controller of Mid-Atlantic Realty Trust (the “Company”) hereby certifythat (i) the Quarterly Report of the Company on Form 10-Q for the quarter endedJune 30, 2003 filed with the Securities and Exchange Commission (the “Report”)fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, and (ii) information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| Dated: August 14, 2003 | /s/ Deborah R. Cheek |   |
|------------------------|----------------------|--------|
|                   | Deborah R. Cheek     |
|                   | Controller           |

 

----