alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10_1.htm


  
Exhibit 10.1

 

AMENDMENT NO. 1

 

TO NOTE EXCHANGE AND OPTION AGREEMENT





 

This AMENDMENT NO. 1 to the NOTE EXCHANGE AND OPTION AGREEMENT is entered into as of July 1, 2009 (this “Amendment”) by and among KEYWIN HOLDINGS LIMITED, a British Virgin Islands company (“Keywin”), and
NETWORK CN INC., a Delaware corporation (the “Company”).  Each of the parties hereto are referred to as a “Party” and collectively as the “Parties.”  Capitalized terms used, but not otherwise defined, herein have the meanings ascribed to such terms in the Original Agreement (as defined below).

 

BACKGROUND

 

The Parties entered into a Note Exchange and Option Agreement, dated as of April 2, 2009 (the “Original Agreement”), pursuant to which the Company (a) issued 307,035,463 shares of its common stock, par value $0.001 per share in exchange for certain notes payable by
the Company held by Keywin and (b) agreed to grant Keywin an option (the “Option”) to purchase from the Company an aggregate of 122,814,185 shares of the Common Stock for an aggregate purchase price of $2,000,000, exercisable within 3 months after April 2, 2009.  The Parties now desire to enter into this Amendment to modify the terms of the Original Agreement as more specifically set forth herein.

 

AGREEMENT

 

NOW, THEREFORE, in consideration of the mutual promises of the Parties, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

 

1. Amendment to Exercise Period: Subsection (a) of Section 2, of the Original Agreement is deleted in its entirety and in lieu thereof the following
provision is inserted:

 

(a) For a six (6) month period commencing on the Closing Date (the “Exercise Period”), the Noteholder shall have the right to purchase from the
Company an aggregate of 122,814,185 shares of the Common Stock for an aggregate purchase price of $2,000,000 (the “Purchase Price”).  The Option may be exercised by the Noteholder at any time during the Exercise Period by giving written notice to the Company.





2. Agreement.  In all other respects, the Original Agreement shall remain in full force and effect.

 

3. Counterparts.  This Amendment may be executed in two or more counterparts, each of which shall be deemed an original but all of which together
shall constitute one and the same instrument.

 



 



 







 



 

IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the date first above written.

 



	 	NETWORK CN INC.	 
	 	 	 	 
	 	 	 	 
	
 
	
By: 
	/s/ Godfrey Hui	 
	 	Name: Godfrey Hui  	 
	 	Title: Chief Executive Officer   	 
	 	 	 	 




 

 


 



	 	KEYWIN HOLDINGS LIMITED	 
	 	 	 	 
	 	 	 	 
	
 
	
By: 
	/s/ Earnest Leung	 
	 	Name: Earnest Leung	 
	 	Title: Director	 
	 	 	 





 

 

 

 

 

 


Amendment No. 1 to Note Exchange and Option Agreement
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#### STATE v. PEASLEE

No. 59 PC.

Case below: 24 N.C. App. 695.

Petition for writ of certiorari to North Carolina Court of Appeals denied 6 May 1975.
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# L_2007141EN.01007401.xml

| 2.6.2007 | EN | Official Journal of the European Union | L 141/74 |
| --- | --- | --- | --- |

2.6.2007

EN

Official Journal of the European Union

L 141/74

---

COUNCIL DECISION

of 7 May 2007

appointing a Spanish alternate member of the Committee of the Regions

(2007/377/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Spanish Government,

Whereas:

| (1) | On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1). |
| --- | --- |

(1)

On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

| (2) | A seat as an alternate member of the Committee of the Regions has become vacant following the end of the mandate of Mr Mateo SIERRA BARDAJÍ, |
| --- | --- |

(2)

A seat as an alternate member of the Committee of the Regions has become vacant following the end of the mandate of Mr Mateo SIERRA BARDAJÍ,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Carlos MARTÍN MALLÉN, Director General de Asuntos Europeos y Acción Exterior de la Comunidad Autónoma de Aragón, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Mateo SIERRA BARDAJÍ for the remainder of his term of office, which runs until 25 January 2010.

Article 2

This Decision shall take effect on the date of its adoption.

Done at Brussels, 7 May 2007.

For the Council

The President

H. SEEHOFER

---

(1)  
  OJ L 56, 25.2.2006, p. 75.

1

---
#### Thomas G. MONTALBANO, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

No. 05-7021.

United States Court of Appeals, Federal Circuit.

DECIDED: March 7, 2005.

Before LOURIE, CLEVENGER and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

*ORDER*

The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss Thomas G. Montalbano’s appeal from *Montalbano v. Principi,*18 Vet.App. 551 (2004) for lack of jurisdiction. Montalbano has not responded.

Montalbano appealed to the United States Court of Appeals for Veterans Claims from a 2003 Board of Veterans’ Appeals (BVA) decision that found no clear and unmistakable error (CUE) in a 1987 BVA decision finding that entitlement to service connection for a psychiatric disability had not been established. The Court of Appeals for Veterans Claims concluded that the 2003 BVA decision was correct in finding that the statutory and regulatory provisions extant at the time of the June 1987 decision were correctly applied. The Court of Appeals for Veterans Claims affirmed the 2003 BVA decision, concluding that Montalbano failed to demonstrate that the 2003 BVA decision was arbitrary or *298capricious in determining that there was no CUE in the 1987 BVA decision. Montalbano appealed.

Under 38 U.S.C. § 7292, this court has limited jurisdiction over appeals from decisions of the Veterans Court. *See Forshey v. Principi,*284 F.3d 1335, 1338 (Fed.Cir. 2002) (en banc). This court “may not review (A) a challenge to a factual determination, or (B) a challenge to a law or regulation as applied to the facts of a particular case.” 38 U.S.C. § 7292(d)(2).

Montalbano’s appeal does not satisfy any of the grounds for invoking this court’s jurisdiction. In his informal brief, Montalbano asserts that the facts supported his claim for service connection, stating “I feel the diagnosis in 1973 within 3 [weeks] of discharge was a type of psycosis [sic] in [an] overall view,” and that “[i]f fairly diagnosed, my claim should have been taken care of in 1973.” Montalbano fails to assert any constitutional challenge concerning the decision on appeal, and he raises no issue concerning the validity or interpretation of a statute or regulation. The Veterans Court’s review of the factual determinations pertaining to the sufficiency of Montalbano’s CUE claim or application of the law of CUE to the facts are not within our jurisdiction. In these circumstances, this court lacks jurisdiction to review Montalbano’s appeal. *See*38 U.S.C. § 7292(d).

Accordingly,

IT IS ORDERED THAT:

(1) The Secretary’s motion to waive the requirements of Fed. Cir. R. 27(f) is granted.

(2) The Secretary’s motion to dismiss is granted.

(3) Each side shall bear its own costs.
NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

2009-3062

DAN C. BOECHLER,

Petitioner,

v.

DEPARTMENT OF THE INTERIOR,

Respondent.

Petition for review of the Merit Systems Protection Board

in consolidated cases DE0752040295-I-4 and DE0752040458-1-4.

ON MOTION

Before MOORE Circuit Judge.

ORDER

Upon consideration of Dan C. Boechler's unopposed motion for a 45-day

extension of time, until May 14, 2009, to file his principal brief,

IT IS ORDERED THAT:

The motion is granted.

FOR THE COURT

APR 1 2009 /s/ Jan Horbalv

Jan Horbaly

Clerk	FILED

U.S. COURT OF APPEALS FOR

THE FEDERAL CIRCUIT

APR 0 1 2009

CLERK

Date

cc:	David C. Thompson, Esq.

Scott D. Austin, Esq.

s8
Exhibit 10.19
​

关于填补被摊薄即期回报的承诺函
Letter of Commitment on Filling the Diluted Spot Return
鉴于北京通美晶体技术股份有限公司(以下简称“发行人”)拟申请首次公开发行股票并在科创板上市,本企业作为发行人的控股股东,现依据相关法律、法规和中国证券监督管理委员会的有关规定,就填补被摊薄即期回报事项作出如下承诺:
In view that Beijing Tongmei Xtal Technology Co., Ltd. (hereinafter referred to as “the Issuer”) plans to apply for an IPO (initial public offering) and be listed on the Science and Technology Innovation Board, our enterprise, as the controlling shareholder of the Issuer, hereby undertakes as follows with respect to the matter of filling the diluted spot return according to the relevant laws, regulations and relevant stipulations of China Securities Regulatory Commission:
本企业将督促发行人切实履行填补被摊薄即期回报的措施,并承诺:本企业或本企业提名的董事将在权限范围内参与发行人经营管理活动,尽最大努力维护发行人及其股东的合法利益。
Our enterprise will supervise and urge the Issuer to practically perform the measures for filling the diluted spot return, and shall undertake: our enterprise or the directors nominated by our enterprise will participate in the Issuer’s operation and management activities within the scope of authority and will try the best to safeguard the legal rights and interests of the Issuer and its shareholders.
​
(本页以下无正文)
(There is no text below this page)
​
​

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​




Exhibit 10.19
​

(本页无正文,为《关于填补被摊薄即期回报的承诺函》的签署页)
(Without text, this page is a signing page of Letter of Commitment on Filling the Diluted Spot Return)
​
​
	​
	AXT, Inc.
(盖章)
(Sealed)
​
签署:
Signed by:
姓名:MORRIS SHEN-SHIH YOUNG
Name: MORRIS SHEN-SHIH YOUNG
职务:授权代表
Title: authorized representative
​
日期:年月日
Date: MM/DD/YY



​

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​
<TABLE> <S> <C>

<ARTICLE> 7
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<DEBT-HELD-FOR-SALE>                            11,092
<DEBT-CARRYING-VALUE>                            3,149
<DEBT-MARKET-VALUE>                              3,115
<EQUITIES>                                         788
<MORTGAGE>                                       2,275
<REAL-ESTATE>                                      118
<TOTAL-INVEST>                                  18,263
<CASH>                                              40
<RECOVER-REINSURE>                               1,456
<DEFERRED-ACQUISITION>                           1,700
<TOTAL-ASSETS>                                  24,159
<POLICY-LOSSES>                                 17,194
<UNEARNED-PREMIUMS>                                 52
<POLICY-OTHER>                                     179
<POLICY-HOLDER-FUNDS>                              207
<NOTES-PAYABLE>                                    939
<PREFERRED-MANDATORY>                              300
<PREFERRED>                                          0
<COMMON>                                           137
<OTHER-SE>                                       2,749
<TOTAL-LIABILITY-AND-EQUITY>                    24,159
<PREMIUMS>                                         693
<INVESTMENT-INCOME>                                948
<INVESTMENT-GAINS>                                  98
<OTHER-INCOME>                                     206
<BENEFITS>                                         919
<UNDERWRITING-AMORTIZATION>                          0
<UNDERWRITING-OTHER>                                 0
<INCOME-PRETAX>                                    557
<INCOME-TAX>                                       196
<INCOME-CONTINUING>                                361
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       361
<EPS-BASIC>                                     3.42
<EPS-DILUTED>                                     3.38
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0



</TABLE>
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 22 - 0325 STATE OF MONTANA,

Plaintiff and Appellee, v. JOSHUA RICHARD LARSON,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including March 3 1 , 202 3, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

February 22 2023

02/22/2023

Case Number: DA 22-0325
## IN THE SUPREME COURT OF ALABAMA

February 9, 2024 SC-2023-0964 Ex parte Louis Stinson, Jr. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Louis Stinson, Jr. v. Stateof Alabama) (Elmore Circuit Court: CC-19-351; Criminal Appeals: CR20-0566). CERTIFICATE OF JUDGMENT WHEREAS, the petition for writ of certiorari in the above referenced cause has been duly submitted and considered by the Supreme Court of Alabama and the judgment indicated below was entered in this cause on February 9, 2024: Writ Denied. No Opinion. Cook, J. -- Parker, C.J., and Wise, Sellers, and Stewart, JJ., concur. NOW, THEREFORE, pursuant to Rule 41, Ala. R. App. P., IT IS HEREBY ORDERED that this Court's judgment in this cause is certified on this date. IT IS FURTHER ORDERED that, unless otherwise ordered by this Court or agreed upon by the parties, the costs of this cause are hereby taxed as provided by Rule 35, Ala. R. App. P.

I, Megan B. Rhodebeck, certify that this is the record of the judgment of the Court, witness my hand and seal.

Clerk, Supreme Court of Alabama
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 20-0589

_________________

STATE OF MONTANA,

 Plaintiff and Appellee,

 v.

RYAN PATRICK SULLIVAN,

 Defendant and Appellant.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

submission on briefs to a five-justice panel of this Court. 

The Clerk is directed to provide a copy hereof to all counsel of record and to the 

Honorable Michael G. Moses, District Judge.

For the Court,

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

October 26 2022

10/26/2022

Case Number: DA 20-0589
Exhibit 32A

                            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 AutoInfo,  Inc. (the "Company") on Form
10-K for the year  ending  December  31, 2005 as filed with the  Securities  and
Exchange  Commission (SEC) on the date hereof (the "Report"),  I, Harry Wachtel,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 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 result of  operations of the
Company.  A signed  original of this written  statement has been provided to the
Company and will be retained  by the  Company  and  furnished  to the SEC or its
staff upon request.


/s/ Harry Wachtel
-----------------
Harry Wachtel
Chief Executive Officer
March 15, 2006
Case 1:07-cv-03340-RJH     Document 19      Filed 07/02/2007     Page 1 of 2

Case 1:07-cv-03340-RJH     Document 19      Filed 07/02/2007     Page 2 of 2