alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.39



 Exhibit 10.39 
 AMENDMENT NO. 1 TO THE 
 EVERYWARE GLOBAL, INC. 2012 STOCK OPTION PLAN

 May 21, 2013 
 THIS AMENDMENT NO. 1 TO THE EVERYWARE GLOBAL, INC. 2012 STOCK OPTION PLAN (this “Amendment”) is hereby made by the board of directors (the “Board”) of EveryWare Global,
Inc., a Delaware corporation (the “Company”), as of the date first set forth above. 
 WHEREAS, the
Company’s 2012 Stock Option Plan (the “Plan”) was adopted by the Board on September 29, 2012; 

WHEREAS, pursuant to Section 6.10 of the Plan, the Board has deemed advisable and approved the amendment set forth below.

 NOW, THEREFORE, the Plan is hereby amended, effective as of the date hereof, as follows: 

 

	 	1.	Amendment. The Plan is hereby amended by replacing the definition of “Change of Control” in Article II with the following: 


“Change of Control” means any transaction or series of related transactions pursuant to which (x) any Person (other
than Monomoy Capital Partners, L.P. (“MCP”), Monomoy Capital Partners II, L.P. (“MCP II”) or any Affiliate of MCP or MCP II) in the aggregate acquire(s) (i) capital stock of the Company possessing the voting
power (other than voting rights accruing only in the event of a default, breach or event of noncompliance) to elect a majority of the Board (whether by merger, consolidation, reorganization, combination, sale or transfer of the Company’s
capital stock, shareholder or voting agreement, proxy, power of attorney or otherwise) (other than voting rights accruing only in the event of a default, breach or event of noncompliance) or (ii) all or substantially all of the Company’s
assets determined on a consolidated basis or (y) MCP and MCP II, together with their respective Affiliates, in the aggregate, own less than 50 percent of the Company’s voting equity securities. 

 

	 	2.	No Other Changes. Except as set forth herein, all other terms and provisions of the Plan remain in full force and effect.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T QI AN YU E WU, P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 10- 71423 A ge nc yN o. A 095- 649- 009 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d A ugus t2, 2011 ** B efo re: R Y M E R , IK U T A , an dN . R . S M IT H , C i rcu i tJu d g es. Q i anyue W u, a nat i ve and ci t i ze n o f C hi na, pet i t i on s f or re vi ew of the B oard of I m m i gr a t i on A ppe a l s ’ de c i s i on di s m i s s i ng hi s appe a l f r om an i m m i gr a t i on ju d g e ’s r e m o v a l o r d e r . O u rju r is d ic tio n is g o v e rn e db y8 U .S .C . § 1 2 5 2 . W e r e v ie w f o rs ub s tan tia l e v id e n c e th e a g e n c y ’s f a c tu a l f in d in g s . V

asqu ezv. H

older , 

# FI LED AU G 9 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 71423 2 602 F . 3d 1003, 1009 ( 9th C i r . 2010) . W e de nyi n partand di s m i s s i n partthe p e titio n f o rr e v ie w . S ub st ant i alevi dence s up po rt s the agency’ s f i nd i ng of m arri age f

raudun der 8 U .S .C . § 1 2 2 7 ( a ) ( 1 ) ( G ) w h e r e W u ’s te s tim o n yf a ile dto s h o w th a t h e an dh is f o rm e rs p o u s e in te n d e dto e s tab lis h alif e to g e th e ra t th e tim e th e yw e r e m arr ie d . Se e N a ka m o to v . A s h c r o

ft , 3 6 3 F .3 d8 7 4 , 8 8 2 ( 9 th C ir . 2 0 0 4 ) . W e l a c kj u r i s d i c t i o n t o r e v i e w W u ’ s c l a i m f o rr e l i e f u n d e r8 U . S. C. § 1 2 2 7 ( a ) ( 1 ) ( H ) b e c au s e h e f a ile dto r a is e it b e f

o r e th e a g e n c y . See B arron v. A s h c r o ft , 35 8 F . 3d67 4, 67 8 (9th C i r. 20 04 ) ( thi s c ou rtl ac ks j uri sdi ct i on t o revi ew cont ent i on s notra i se d b ef ore the agency) . P E T I T I O N F O R R E V I E W D E N I E D in p a r t ; D I S M I S S E D in p a r t .
<PAGE>

                                                                   Exhibit 10.28

News America Incorporated
1211 Avenue of the Americas
New York, New York 10036

Ladies and Gentlemen:

         The News Corporation Limited ("News Corporation") and the Non-Fox Group
Subsidiaries (as defined in the Master Intercompany Agreement (the "Master
Intercompany Agreement") by and between News Corporation and Fox Entertainment
Group, Inc. ("Fox"), dated as of November 6, 1998) and Fox and its Subsidiaries
(as defined in the Master Intercompany Agreement) hereby agree to and confirm
the arrangements made pursuant to Section 3.1 of the Master Intercompany
Agreement in connection with cash management services.

         News Corporation and Fox acknowledge that intercompany indebtedness
between them have been, and shall continue to be, recorded on the books and
records of each of News Corporation and Fox as intercompany items. News
Corporation on behalf of itself and the Non-Fox Group Subsidiaries and Fox on
behalf of itself and its Subsidiaries agree that any amounts which may be due as
of June 30, 2002 from Fox and its Subsidiaries to News Corporation and the
Non-Fox Group Subsidiaries, as adjusted by the amounts of any intercompany items
as of June 30, 2002 through June 30, 2008, shall be payable on June 30, 2008 or
on such later maturity date or dates as News Corporation and Fox (or such
Subsidiaries as either party may designate from time to time) may agree upon
from time to time. Fox and the Fox Group Subsidiaries shall pay interest on
indebtedness to News Corporation and the Non-Fox Group Subsidiaries at
commercial interest rates which shall not exceed News Corporation's average cost
of borrowings.

<PAGE>

                  IN WITNESS WHEREOF, the undersigned have executed this Letter
Agreement as of the date first above written.

..

                                        THE NEWS CORPORATION LIMITED

                                        By:  /s/ Arthur M. Siskind
                                        Name:  Arthur M. Siskind
                                        Title:  Senior Executive Vice President
                                        and Group General Counsel



                                        FOX ENTERTAINMENT GROUP, INC.

                                        By:  /s/  Janet L. Nova
                                        Name:  Janet L. Nova
                                        Title:  Vice President


Dated as of June 30, 2002

                                      -2-
[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Pages 60539-60540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20743]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute; Notice of Closing Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.

[[Page 60540]]

    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Special Emphasis 
Panel, RFA: CA06-002 and CA06-005 Innovative Technologies for 
Molecular Analysis of Cancer.
    Date: November 9-10, 2005.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Bethesda Marriott Suites, 6711 Democracy Boulevard, 
Bethesda, MD 20817.
    Contact Person: Sherwood Githens, PhD, Scientific Review 
Administrator, Special Review and Logistics Branch, National Cancer 
Institute, Division of Extramural Activities, 6116 Executive Blvd. 
Room 8053, Bethesda, MD 20892, 301/435-1822, <a href="/cdn-cgi/l/email-protection#34535d405c515a47477459555d581a5a5d5c1a535b42"><span class="__cf_email__" data-cfemail="d6b1bfa2beb3b8a5a596bbb7bfbaf8b8bfbef8b1b9a0">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, 
Cancer Construction; 93.393, Cancer Cause and Prevention Research; 
93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer 
Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer 
Center Support; 93.398, Cancer Research Manpower; 93.399, Cancer 
Control, National Institutes of Health, HHS)

    Dated: October 5, 2005.
Anthony M. Coelho, Jr.,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-20743 Filed 10-17-05; 8:45 am]
BILLING CODE 4140-01-M


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EXHIBIT 31.2

                                  CERTIFICATION

I, Kathleen P. McSherry, certify that:

1. I have reviewed this Quarterly Report on Form 10-Q of Ridgewood Energy K
Fund, LLC;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

(c) Disclosed in this report any change in the registrant's internal control
over financial reporting that occurred during the registrant's most recent
fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual
report) that has materially affected, or is reasonably likely to materially
affect, the registrant's internal control over financial reporting; and

5. The registrant's other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

(a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

(b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.



Date: August 15, 2005

By:/s/ Kathleen P. McSherry
---------------------------
Kathleen P. McSherry
Senior Vice President and Chief Executive Financial
Officer (principal financial and accounting officer)
ex10-6.htm


 


Exhibit 10.6




 

Certain information contained in this document, marked by ***, is filed with the SEC pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended







 




 





 











 






 


 




 






*** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission.






 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 






*** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission.
Steve D. BRYANT, Plaintiff, v. NATIONSTAR MORTGAGE, LLC and Substitute Trustee Services, Inc., Defendants.

No. COA17-592

Court of Appeals of North Carolina.

Filed: November 20, 2018

AFFIRMED.
Exhibit
32.2




CERTIFICATION
OF CHIEF FINANCIAL OFFICER


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 accompanying Quarterly Report on Form 10-Q of Excellency
Investment Realty Trust, Inc. for the fiscal quarter ending September 30, 2008,
I, Richard Pelletier, Chief Financial Officer of Excellency Investment Realty
Trust, Inc., hereby 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 and belief, that:




1.  Such
Quarterly Report on Form 10-Q for the fiscal quarter ending March 31, 2009,
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 such Quarterly Report on Form 10-Q for the fiscal
quarter ending March 31, 2009, fairly presents, in all material respects, the
financial condition and results of operations of Excellency Investment Realty
Trust, Inc.




Dated:
November 23, 2009.




/s/ Richard
Pelletier


Richard
Pelletier, Chief Financial Officer of


Excellency
Investment Realty Trust, Inc.
#### STATE OF NORTH CAROLINA v. CASS McGAHA, JR.

No. 7530SC233

(Filed 2 July 1975)

Criminal Law § 155.5 — docketing of record not timely — appeal dismissed

Appeal is dismissed where the record on appeal was filed more than ninety days after judgment in the case was entered. ■'

Appeal by defendant from *Friday, Judge.*Judgment entered 14 November 1974 in Superior Court, Haywood County. Heard in the Court of Appeals 27 May 1975. ’.

Defendant was charged with operating a motor vehicle,oh á public street or public highway “ [w]hile his chauffeur’s'license *529was revoked” and “[wjhile under the influence of intoxicating liquor; this being his second offense” of operating a motor vehicle while under the influence of intoxicating liquor. Upon his plea of not guilty, the jury returned a verdict of “guilty as to both offenses.” From judgments on the verdict, defendant appealed.

*Attorney General Edmisten, by Deputy Attorney General R. Bruce White, Jr., and Assistant Attorney General Alfred N. Salley, for the State.*

*Miller, Alley & Killian, by Leon M. Killian III, for defendant appellant.*

MORRIS, Judge.

The judgment in this case was entered on 14 November 1974. The record on appeal was filed more than 90 days later, on 24 March 1975. Although the trial judge entered an order extending the time to serve the case on appeal, no order was issued extending the time for docketing the record on appeal. Under Rule 5 the record on appeal must be docketed within 90 days after the date of the judgment appealed from, unless the trial judge extends the time, not exceeding an additional 60 days to docket the record on appeal. Nor is an extension of time within which to docket the record on appeal accomplished by the obtaining of an extension of time within which to serve the case on appeal. *Clark v. Williams,*22 N.C. App. 341, 206 S.E. 2d 310 (1974).

Appeal dismissed.

Chief Judge Brock and Judge Hedrick concur.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER ON M OTION FOR E N B ANC R ECONSIDERATION

Appellate case name: Stephanie Montagne Zoanni v. Lemuel David Hogan

Appellate case number: 01

- 16

- 00584

- CV

Trial court case number: 2010

- 34811

- B

Trial court: 246th District Court of Harris County

Date motion filed: July 28, 2018

Party filing motion: Appellee, Lemuel David Hogan

It is ordered that the motion for en banc reconsideration is DENIED GRANTED.

Judge’s signature: /s/ J e nnifer Caughey

Acting Individually Acting for the Court

Panel consists of: Chief Justice Radack, and Justices Jennings, Keyes, Higley, Bland, Massengale,

Brown, Lloyd, and Caughey.

Jennings, J., dissenting from the denial of en banc reconsideration.

Date: September 6 , 2018
##### 



Exhibit 31.1 GENERAL NUTRITION CENTERS INC. AND SUBSIDIARIES CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
PURSUANT TO SECTION 302
OF THE SARBANES-OXLEY ACT OF 2002 I, Louis Mancini, certify that:  1.
    
    I have reviewed this Form 10-Q of General Nutrition Centers, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this
report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material
respects the financial condition, results of operations and cash flows of
the registrant as of, and for, the periods presented in this report;4.
    
    The registrants other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant
and have:  (a)
    
    Designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the
registrant, including its consolidated subsidiaries, is made known to
us by others within those entities, particularly during the period in
which this report is being prepared;(b)
    
    Evaluated the effectiveness of the registrants disclosure
controls and procedures and presented in this report our conclusions
about the effectiveness of the disclosure controls and procedures, as
of the end if the period covered by this report based on such
evaluation; and(c)
    
    Disclosed in this report any change in the registrants
internal control over financial reporting that occurred during the
registrants most recent fiscal quarter (the registrants fourth
fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and  5.
    
    The registrants other certifying officer(s) and I have disclosed, based
on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the
registrants board of directors (or persons performing the equivalent
functions):  (a)
    
    All significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting
which are reasonably likely to adversely affect the registrants
ability to record, process, summarize, and report financial
information; and(b)
    
    Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrants
internal control over financial reporting. Date: November 5, 2004
    
    /s/ Louis ManciniLouis ManciniChief Executive Officer
 Page 40 of 42
STATE v. James Daren SISK

407P18-1

Supreme Court of North Carolina.

November 21, 2018

Brendan O'Donnell, Attorney at Law, James Daren Sisk, for Sisk, James Daren.

John Tillery, Assistant Attorney General, Greg Newman, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 21st of November 2018 by Defendant for Temporary Stay:

"Motion Allowed by order of the Court in conference, this the 21st of November 2018."
---

EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE
OFFICERANDCHIEF FINANCIAL OFFICER PURSUANT TO18
U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

I, William Asselstine, Chief Executive Officer and Chief
Financial Officer of Ingenium Capital Corp. (the Company), hereby certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

| | (i)  | the Quarterly Report on Form 10-QSB of the Company
        for the fiscal quarter ended July 31, 2005 (the Quarterly Report)
        fully complies with the requirements of Section 13(a) or 15(d) of the
        Securities Exchange Act of 1934, as amended; and
| | ---- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                      
| | (ii) | the information contained in the Quarterly Report
        fairly presents, in all material respects, the financial condition and
        results of operations of the Company.                                                                                       

| | By:    | /s/ William Asselstine     
| | ------ | ---------------------------
| |        |                            
| | Name:  | William Asselstine         
| |        |                            
| | Title: | Chief Executive Officer and
| |        | Chief Financial Officer    
| |        |                            
| | Date:  | September 14, 2005         

This written statement is being furnished to the Securities
and Exchange Commission as an exhibit to the Companys Quarterly Report on Form
10-QSB. A signed original of this statement has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.

This certification accompanies this Quarterly Report on Form
10-QSB pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not,
except to the extent required by such Act, be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the
"Exchange Act"). Such certification will not be deemed to be incorporated by
reference into any filing under the Securities Act of 1933, as amended, or the
Exchange Act, except to the extent that the Company specifically incorporates it
by reference.

---