alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10x1.htm


Exhibit 10.1


 


 


ASPENBIO PHARMA, INC.


 


AMENDMENT TO 2002 STOCK INCENTIVE PLAN


 


EFFECTIVE NOVEMBER 22, 2010


 


This Amendment No. 3, dated and effective November 22, 2010 (the “Amendment”) is an amendment to the 2002 Stock Incentive Plan, as amended and restated on June 1, 2007 (the “Plan”) of AspenBio Pharma, Inc., a Colorado corporation (the “Company”).  All capitalized terms used in this Amendment without definition have the meanings set forth in the Plan.


 


WHEREAS, Section 20(a) authorizes the Board of Directors of the Company to make amendments to the Plan, subject to shareholder approval as required by law or agreement.


 


WHEREAS, on October 7, 2010, the Board approved an amendment to the Plan to increase the number of shares available for awards under the Plan from 6,100,000 to 6,800,000, and submitted such amendment to the Company’s shareholders for approval at the annual meeting of shareholders held on November 22, 2010.


 


WHEREAS, on November 22, 2010, the shareholders approved the foregoing amendment to the Plan.


 


NOW, THEREFORE, intending to be legally bound, and in accordance with the approvals set forth in the WHEREAS clauses, which are incorporated by reference into this Amendment, the Company amends the Plan as follows:


 


1.           Section 4 of the Plan is deleted in it entirety and is replaced by the following:


 


“4.           The Common Stock.  The Board is authorized to appropriate, issue and sell for the purposes of the Plan, and the Option Committee is authorized to grant Options and Rights to Purchase with respect to, a total number, not in excess of 6,800,000 shares of Common Stock, either treasury or authorized but unissued or the number and kind of shares of stock or other securities which in accordance with Section 16 of this Plan shall be substituted for the 6,800,000 shares or into which such 6,800,000 shares shall be adjusted.  All or any unsold shares subject to an Option or Right to Purchase that for any reason expires or otherwise terminates may again be made subject to Options or Rights to Purchase under the Plan.  No person may be granted Options or Rights to Purchase under this Plan covering in excess of an aggregate of 500,000 Option Shares and shares of Restricted Stock in any calendar year, subject to adjustments in connection with Section 16 of this Plan.”


 


2.           Except as amended by this Amendment, the Plan continues in full force and effect.


 


3.           In the event of a conflict between this Amendment and the Plan, this Amendment shall govern.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

November 29, 2005 Clifford W. Taylor,
Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver 128912 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, JEANNIE L. COLLINS, Personal Representative Justices of the Estate of RICHARD E. COLLINS, Deceased, and KIRBY TOTTINGHAM, Plaintiffs-Appellants,

v SC: 128912 COA: 251795 Jackson CC: 02-002521-NO MAES CORPORATION, d/b/a AUTO IMAGES OF JACKSON, ERIC MAES, and APRIL MAES, Defendants-Appellees.

________________ _______________ __________/

On order of the Court, the applicati on for leave to appeal the March 22, 2005 judgment of the Court of Appeals is cons idered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

d1121 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 29, 2005

Clerk
STATE v. John Wayne BONETSKY.

No. 180P16-1.

Supreme Court of North Carolina.

May 13, 2016.

Sharon L. Smith, Raleigh, Attorney at Law, for Bonetsky, John Wayne.

Joseph L. Hyde, Assistant Attorney General, for State of North Carolina.

David Learner, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 12th of May 2016 by Defendant for Temporary Stay:

> "Motion Allowed by order of the Court in conference, this the 13th of May 2016."

ERVIN, J. recused.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF QUINTILES TRANSNATIONAL CORPORATION FOR THE NINE MONTHS
ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          75,186
<SECURITIES>                                    36,223
<RECEIVABLES>                                  213,665
<ALLOWANCES>                                     1,376
<INVENTORY>                                          0
<CURRENT-ASSETS>                               353,601
<PP&E>                                         236,059
<DEPRECIATION>                                  71,483
<TOTAL-ASSETS>                                 726,502
<CURRENT-LIABILITIES>                          212,526
<BONDS>                                        172,084
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           367
<OTHER-SE>                                     337,729
<TOTAL-LIABILITY-AND-EQUITY>                   726,502
<SALES>                                              0
<TOTAL-REVENUES>                               580,762
<CGS>                                                0
<TOTAL-COSTS>                                  518,226
<OTHER-EXPENSES>                                (4,899)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,784
<INCOME-PRETAX>                                 60,651
<INCOME-TAX>                                    22,102
<INCOME-CONTINUING>                             38,549
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    38,549
<EPS-PRIMARY>                                     0.54
<EPS-DILUTED>                                     0.52


</TABLE>
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DEAN STAUBIN MILLER,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D16-4289

[December 21, 2017]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Edward L. Artau, Judge; L.T. Case No. 

2016CA012297XXXXMB.

Dean S. Miller, South Bay, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and James Carney, 

Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

CIKLIN, CONNER and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT 32

                                  CERTIFICATION
                                       OF
                             CHIEF EXECUTIVE OFFICER
                                       AND
                             CHIEF FINANCIAL OFFICER
                           PURSUANT TO 18 U.S.C. 1350,
                             AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Leonard Armato, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form
10-QSB of AVP, Inc. for the quarter ended June 30, 2005 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that information contained in such Quarterly Report on Form 10-QSB fairly
presents, in all material respects, the financial condition and results of
operations of AVP, Inc.

I, Andrew Reif, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form
10-QSB of AVP, Inc. for the quarter ended June 30, 2005 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that information contained in such Quarterly Report on Form 10-QSB fairly
presents, in all material respects, the financial condition and results of
operations of AVP, Inc.


                                         By:/s/ Leonard Armato
                                            ------------------------------------
                                            Leonard Armato
                                            Chief Executive Officer

                                         By:/s/ Andrew Reif
                                            ------------------------------------
                                            Andrew Reif
                                            Chief Financial Officer

August 15, 2005
i i i i i i

MEMORANDUM OPINION

No. 04-08-00603-CR

Raul MARTINEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law No. 4, Bexar County, Texas

Trial Court No. 259224

Honorable Phil Chavarria, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Karen Angelini, Justice

Delivered and Filed: August 29, 2008

DISMISSED

The trial court’s certification in this appeal states that the case is a “plea-bargain case, and

the defendant has NO right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate Procedure

provides, “[t]he appeal must be dismissed if a certification that shows the defendant has a right of

appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). 

Appellant’s counsel has filed written notice with this court that counsel has reviewed the

record and “can find no right of appeal for Appellant.” We construe this notice as an indication that
04-08-00603-CR

-2-

appellant will not seek to file an amended trial court certification showing that he has the right of

appeal. See TEX. R. APP. P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174, 177 (Tex.

App.—San Antonio 2003, no pet.). In light of the record presented, we agree with appellant’s

counsel that Rule 25.2(d) requires this court to dismiss this appeal. Accordingly, this appeal is

dismissed.

PER CURIAM

DO NOT PUBLISH
# C_2008079EN.01002702.xml

| 29.3.2008 | EN | Official Journal of the European Union | C 79/27 |
| --- | --- | --- | --- |

29.3.2008

EN

Official Journal of the European Union

C 79/27

---

Judgment of the Court of First Instance of 14 February 2008 — Provincia di Imperia v Commission

(Case T-351/05) (1)

1

(European Social Fund - Community financial aid in the area of innovative measures under Article 6 of Regulation (EC) No 1784/1999 - Call for proposals - Rejection of the proposal)

(2008/C 79/53)

Language of the case: Italian

Parties

Applicant: Provincia di Imperia (Italy) (represented by: S. Rostagno and K. Platteau, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: D. Martin and A. Weimar, acting as Agents)

Defendant:

Re:

Annulment of the Commission's decision of 30 June 2005 not to accept the proposal presented by the applicant in response to call for proposals VP/2003/21 ‘Innovative Approaches to the Management of Change’, published in the context of innovative measures under Article 6 of the Regulation on the European Social Fund and all measures connected with that decision

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the Provincia di Imperia to bear its own costs and to pay the costs of the Commission. |
| --- | --- |

2.

Orders the Provincia di Imperia to bear its own costs and to pay the costs of the Commission.

---

(1)  OJ C 296, 26.11.2005.

1

---
Document Headings

                    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.                  

###### Department of Health and Human Services

###### Food and Drug Administration

          - [Docket No. 2004N-0486]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Notice.

# SUMMARY:

The Food and Drug Administration (FDA) is announcing that a collection of information entitled “Experimental Study of Health Claims on Food Packages” has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

# FOR FURTHER INFORMATION CONTACT:

Peggy Robbins, Office of Management Programs (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-1223.

# SUPPLEMENTARY INFORMATION:

                    In the                     **Federal Register**                     of April 20, 2005 (70 FR 20568), the agency announced that the proposed information collection had been submitted to OMB for review and clearance under  44 U.S.C. 3507.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  OMB has now approved the information collection and has assigned OMB control number 0910-0565.  The approval expires on August 31, 2008.  A copy of the supporting statement for this information collection is available on the Internet at                     *http://www.fda.gov/​ohrms/​dockets*.                

Dated: September 7, 2005.

Jeffrey Shuren,

Assistant Commissioner for Policy.

[FR Doc. 05-18283 Filed 9-14-05; 8:45 am]

BILLING CODE 4160-01-S
STATE of North Carolina v. Jiten Ashwin PATEL.

No. COA14-1120.

Court of Appeals of North Carolina.

Aug. 18, 2015.

**CASE REPORTED WITHOUT PUBLISHED OPINION**

No Prejudicial Error.
II 

110TH CONGRESS 

1ST SESSION S. 770 

To amend the Food Stamp Act of 1977 to permit participating households 

to use food stamp benefits to purchase nutritional supplements providing 

vitamins or minerals, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2007 

Mr. HARKIN (for himself and Mr. HATCH) introduced the following bill; which 

was read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

A BILL 

To amend the Food Stamp Act of 1977 to permit participating households to use food stamp benefits to purchase 

nutritional supplements providing vitamins or minerals, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Food Stamp Vitamin 

5 and Mineral Improvement Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


ccoleman on PROD1PC60 with BILLS
2 

•S 770 IS

1 (1) the dietary patterns of Americans often do 

2 not comply with the daily intakes of vitamins and 

3 minerals recommended by the Food and Drug Ad4 ministration; 

5 (2) children in low-income families and the el6 derly often fail to achieve adequate nutrient intakes; 

7 (3) pregnant women have particularly high nu8 trient needs, which they often fail to meet; 

9 (4)(A) scientific studies show that nutritional 

10 supplements containing folic acid (a B vitamin) may 

11 prevent as many as 60 to 80 percent of neural tube 

12 birth defects; 

13 (B) the Public Health Service, in September 

14 1992, recommended that all women of childbearing 

15 age who are capable of becoming pregnant consume 

16 at least 0.4 milligrams of folic acid per day to re17 duce the risk of spina bifida and other neural tube 

18 birth defects affecting the fetus; and 

19 (C) the Food and Drug Administration has ap20 proved a health claim that folic acid reduces the risk 

21 of neural tube birth defects; 

22 (5) infants who do not receive adequate intakes 

23 of iron may suffer from impaired mental and behav24 ioral development; and 


ccoleman on PROD1PC60 with BILLS
3 

•S 770 IS

1 (6) scientific evidence indicates that increased 

2 intake of specific nutrients over an extended period 

3 of time protects against diseases and conditions such 

4 as osteoporosis, cataracts, cancer, and heart disease. 

5 SEC. 3. USE OF FOOD STAMPS TO PURCHASE VITAMINS 

6 AND MINERALS. 

7 Section 3(g)(1) of the Food Stamp Act of 1977 (7 

8 U.S.C. 2012(g)(1)) is amended by striking ‘‘or food prod9 uct’’ and inserting ‘‘, food product, or nutritional supple10 ment providing a vitamin or mineral, or both,’’. 

Æ 


ccoleman on PROD1PC60 with BILLS
Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                               18 U.S.C. ss.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with the Annual Report of BRIAZZ,  INC. (the  "Company") on Form
10-K for the fiscal year ended  December  28, 2003 as filed with the  Securities
and  Exchange  Commission  on the date  hereof  (the  "Report"),  I,  Victor  D.
Alhadeff,  the 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.

                  March 25, 2004                     /s/ Victor D. Alhadeff
                                                     --------------------------
                                                     Victor D. Alhadeff
                                                     Chief Financial Officer
Alan EPLEY, Plaintiff, v. Fern INGBER, Defendant.

No. COA15-378.

Court of Appeals of North Carolina.

Jan. 19, 2016.

**Case Reported Without Published Opinion**

Affirmed.
STEWART v. KRUEGER, et al.

No. 274P15-1.

Supreme Court of North Carolina.

Nov. 5, 2015.

Robert K. Stewart, Marion, for Stewart, Robert K.

Amy Kunstling Irene, Assistant Attorney General.

Maureen Krueger, District Attorney.

**Opinion**

The following order has been entered on the motion filed on the 5th of August 2015 by Petitioner to Appoint Counsel:

> "Motion Dismissed as moot by order of the Court in conference, this the 5th of November 2015."
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 Captaris, Inc. (the Company) on Form 10-Q for the period ended September 30, 2002 as filed with the Securities and Exchange Commission
on the date hereof (the Report), I, Jeffrey B. deCillia, Chief Financial 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 Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m or 78o(d)); and





(2)  To the best of my knowledge, the information contained in the
Report fairly presents, in all material respects, the financial condition and result of operations of the Company.





/s/    JEFFREY B. DECILLIAJeffrey B. deCillia Senior Vice President and Chief Financial Officer





November 14, 2002
Khalid Edward COCHRAN v. STATE of North Carolina.

No. 2P16.

Supreme Court of North Carolina.

Jan. 5, 2016.

Khalid Edward Cochran, for Cochran, Khalid Edward.

Robert C. Montgomery, Special Deputy Attorney General, for State of N.C.

*ORDER*

Upon consideration of the petition filed by Petitioner on the 4th of January 2016 in this matter for a writ of mandamus, the following order was entered and is hereby certified to the Superior Court, Guilford County:

> "Denied by order of the Court in conference, this the 5th of January 2016."
Exhibit 99.19

CONSENT OF LUKE EVANS

Reference is made to the Annual Report on Form 40-F and the documents incorporated by reference therein (the 40-F) of Goldcorp
Inc. (the Company) for the fiscal year ended December 31, 2013, and any amendments thereto, to be filed with the United States Securities and Exchange Commission pursuant to the United States Securities Exchange Act of 1934, as
amended, and the Annual Information Form (the AIF) and Managements Discussion and Analysis (MD&A) of the Company for the year then ended, which are filed as exhibits to and incorporated by reference in the 40-F.

I hereby consent to the references to, and the information derived from, the following report(s) and to the references, as applicable, to
my name in connection with (including, as an expert or qualified person) the following report(s) and documents:



|1. | The technical report dated March 27, 2014, entitled Technical Report on the Pueblo Viejo Project, Sanchez Ramirez Province, Dominican Republic (the Pueblo Viejo Report); and
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|2. | The 40-F, the MD&A and the AIF, which include references in connection with information relating to the Pueblo Viejo Report and the Pueblo Viejo Project, and the properties described therein.
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

I also hereby consent to the incorporation by reference of such information contained in the 40-F, the MD&A and the AIF into Registration
Statement Nos. 333-126038, 333-126039, 333-126040, 333-151243, 333-151251, 333-174376, 333-181116 and 333-188805 on Form S-8 of the Company.

Date: March
31, 2014



/s/ Luke EvansName: Luke Evans, M.Sc., P.Eng.