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





 Exhibit 10.39 

THE FRESH MARKET HOLDINGS, INC. 

c/o Apollo Management VIII, L.P. 

9 West 57th Street 
 New
York, NY 10019 
 January 20, 2022 
 Brian Johnson

 Senior Vice President, Operations 
 Re: Stock Option

 Dear Brian: 
 We are pleased to inform you that we have
made certain favorable changes to the stock option that was previously granted to you pursuant to the Stock Option Plan (the “Plan”) of The Fresh Market Holdings, Inc. (the “Company”). Specifically, your option to
purchase 300,000 shares that was granted on July 7, 2020 (“Option”) has been modified as follows: 
 (i) Effective
upon an IPO (as defined in the Plan) and provided you remain employed through the date of the IPO, your Option will vest as to 5% of the portion thereof that is unvested at the time of the IPO; and 

(ii) Effective upon an IPO, a number of shares equal to the shares underlying the portion of the Option that vests pursuant to the preceding
clause will be released from the transfer restrictions imposed by Section 9(a) of the Option Plan, provided that the foregoing will not be construed as releasing any shares that are non-transferable by
reason of a standstill agreement or related agreement entered into at the request of the managing underwriters of the IPO. 
 For the avoidance of doubt,
the shares released from the transfer restrictions will be treated as having been released pursuant to Section 5 of your option grant letter, and therefore will reduce the number of shares that may subsequently be released upon an Investor Sale
(as defined in such Section 5). 
 Except for these changes, your Option will remain in effect in accordance with its terms. 

Sincerely, 
 THE FRESH MARKET HOLDINGS, INC. 

 
 



 
 Jason Potter, CEO
H. R. 5655 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To designate the Little River Branch facility of the United States Postal Service 

located at 140 NE 84th Street in Miami, Florida, as the ‘‘Jesse J. McCrary, 

Jr. Post Office’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. JESSE J. MCCRARY, JR. POST OFFICE. 

(a) DESIGNATION.—The Little River Branch facility of the 

United States Postal Service located at 140 NE 84th Street in 

Miami, Florida, shall be known and designated as the ‘‘Jesse J. 

McCrary, Jr. Post Office’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Jesse J. McCrary, Jr. Post Office’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
#### STATE v. CHAPMAN

No. 36 PC.

Case below: 4 N.C. App. 438.

Petition for writ of *certiorari*to North Carolina Court of Appeals denied 29 August 1969.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-8092

In Re: GERARD VALMORE BROWN,

Petitioner.

On Petition for Writ of Mandamus. (CR-93-281)

Submitted: November 28, 1995 Decided: April 19, 1996

Before NIEMEYER and MOTZ, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Petition denied by unpublished per curiam opinion.

Gerard Valmore Brown, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Petitioner filed this petition for a writ of mandamus seeking

to have this court direct the district court to act on his motion

filed pursuant to 28 U.S.C. § 2255 (1988). The district court has

last acted in the § 2255 proceeding on September 8, 1995. Because

the district court has acted within six months of the filing of the

petition, we find no unreasonable delay. Therefore, while we grant

leave to proceed in forma pauperis, we deny the petition. We dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

PETITION DENIED
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

RENE MARTINEZ-ENCINAS,

 Defendant - Appellant.

No. 11-10282

D.C. No. 4:04-cr-01418-DCB

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Wm. Fremming Nielsen, District Judge, Presiding**

Submitted January 15, 2013*** 

Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges. 

Rene Martinez-Encinas appeals from the judgment revoking supervised

release and the 46-month sentence imposed upon revocation. Pursuant to Anders v.

FILED

JAN 16 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

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

 ** The Honorable Wm. Fremming Nielsen, Senior United States District

Judge for the Eastern District of Washington, sitting by designation.

 *** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
California, 386 U.S. 738 (1967), Martinez-Encinas’s counsel has filed a brief

stating that there are no grounds for relief, along with a motion to withdraw as

counsel of record. Martinez-Encinas has filed a pro se supplemental brief. The

government has not filed an answering brief.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.

75, 80 (1988), discloses no arguable grounds for relief on direct appeal. 

Counsel’s motion to withdraw is GRANTED. 

The government’s motion to dismiss this appeal is DENIED.

AFFIRMED.

2 11-10282
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE CONDENSED CONSOLIDATED BALANCE SHEET AND RELATED STATEMENT OF INCOME AS
OF JUNE 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          13,592
<SECURITIES>                                         0
<RECEIVABLES>                                   87,734
<ALLOWANCES>                                     2,298
<INVENTORY>                                     32,232
<CURRENT-ASSETS>                               143,111
<PP&E>                                          41,657
<DEPRECIATION>                                  19,893
<TOTAL-ASSETS>                                 204,611
<CURRENT-LIABILITIES>                           97,712
<BONDS>                                          9,790
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           403
<OTHER-SE>                                      91,330
<TOTAL-LIABILITY-AND-EQUITY>                   204,611
<SALES>                                        183,045
<TOTAL-REVENUES>                               280,245
<CGS>                                           91,863
<TOTAL-COSTS>                                  154,305
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,758
<INCOME-PRETAX>                                 33,215
<INCOME-TAX>                                    12,894
<INCOME-CONTINUING>                             20,053
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                        (412)
<NET-INCOME>                                    19,641
<EPS-PRIMARY>                                     1.23
<EPS-DILUTED>                                     1.18
        

</TABLE>
I 

111TH CONGRESS 

2D SESSION H. R. 5651 

To designate the Federal building and United States courthouse located 

at 515 9th Street in Rapid City, South Dakota, as the ‘‘Andrew W. 

Bogue Federal Building and United States Courthouse’’. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2010 

Ms. HERSETH SANDLIN introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure 

A BILL 

To designate the Federal building and United States courthouse located at 515 9th Street in Rapid City, South 

Dakota, as the ‘‘Andrew W. Bogue Federal Building 

and United States Courthouse’’. 

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

3 SECTION 1. ANDREW W. BOGUE FEDERAL BUILDING AND 

4 UNITED STATES COURTHOUSE. 

5 (a) DESIGNATION.—The Federal building and United 

6 States courthouse located at 515 9th Street in Rapid City, 

7 South Dakota, shall be known and designated as the ‘‘AnVerDate Mar 15 2010 23:12 Jul 01, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5651.IH H5651

srobinson on DSKHWCL6B1PROD with BILLS
2 

•HR 5651 IH

1 drew W. Bogue Federal Building and United States 

2 Courthouse’’. 

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United 

5 States to the Federal building and United States court6 house referred to in subsection (a) shall be deemed to be 

7 a reference to the ‘‘Andrew W. Bogue Federal Building 

8 and United States Courthouse’’. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS
820 A.2d 587

#### ATTORNEY GRIEVANCE COMMISSION OF MARYLAND, Petitioner, v. Cassandra R. BEVERLEY, Respondent.

Misc. AG No. 10,

Sept. Term, 2002.

Court of Appeals of Maryland.

March 4, 2003.

ORDER

This matter came before the Court on a Joint Petition for Thirty-Day Suspension of Respondent filed by the Attorney Grievance Commission of Maryland, Petitioner, and Cassandra R. Beverley, Respondent.

The Court having considered the Petition, it is this 4th day of March, 2008,

ORDERED, by the Court of Appeals of Maryland, that the Respondent, Cassandra R. Beverley, be suspended by consent from the practice of law in the State of Maryland for a period of thirty days, commencing April 1, 2003; and it is further

ORDERED, that, as a condition precedent to termination of her suspension, the Respondent shall be required to reimburse the Attorney Grievance Commission of Maryland for its costs in the amount of $597.25; and it is further

ORDERED, that the Clerk of this Court shall remove the name of Cassandra R. Beverley from the register of attorneys in this Court, effective April 1, 2004, and shall certify that fact to the Trustees of the Client Protection Fund and the clerks of all judicial tribunals in this State.
EXHIBIT 99.2

                            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  Quarterly  Report of The X-Change  Corporation  on Form
10-QSB for the period  ending June 30, 2002,  as filed with the  Securities  and
Exchange Commission on the date hereof (the "Report"), I, Dean Efkarpidis, 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, to the
best of my knowledge and belief:

     (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.

/s/ Dean Efkarpidis
--------------------------------------------------------------------
Dean Efkarpidis
Chief Financial Officer

August 14, 2002
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5591 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 5591

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT

 
   To designate the airport traffic control tower located at Spokane 
   International Airport in Spokane, Washington, as the ``Ray Daves 
                    Airport Traffic Control Tower''.

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

SECTION 1. DESIGNATION.

    The airport traffic control tower located at Spokane International 
Airport in Spokane, Washington, and any successor airport traffic 
control tower at that location, shall be known and designated as the 
``Ray Daves Airport Traffic Control Tower''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the airport traffic control tower 
referred to in section 1 shall be deemed to be a reference to the ``Ray 
Daves Airport Traffic Control Tower''.

            Passed the House of Representatives September 28, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
#### TRAVIS v. McLAUGHLIN

No. 191 PC.

Case below: 29 N.C. App. 389.

Petition by defendant McLaughlin for discretionary review under G.S. 7A-31 denied 14 July 1976.
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-7132

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RYAN O’NEIL LITTLE, a/k/a LA, a/k/a Youngblood,

Defendant - Appellant.

Appeal from the United States District Court for the Western 

District of North Carolina, at Charlotte. Max O. Cogburn, Jr., 

District Judge. (3:95-cr-00105-MOC-1)

Submitted: November 17, 2011 Decided: November 23, 2011

Before KING, DAVIS, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ryan O’Neil Little, Appellant Pro Se. Gretchen C. F. Shappert, 

UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Ryan O’Neil Little appeals the district court’s order

denying various motions in his criminal case. We have reviewed 

the record and find no reversible error. Accordingly, we affirm 

for the reasons stated by the district court. United States v. 

Little, No. 3:95-cr-00105-MOC-1 (W.D.N.C. July 22, 2011). We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process.

AFFIRMED
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 Commerce

###### International Trade Administration 

# AGENCY:

International Trade Administration, U.S. Department of Commerce. 

# ACTION:

Notice of an open meeting. 

# SUMMARY:

The President's Export Council (PEC) will hold a full Council meeting to discuss topics related to export expansion. The meeting will include discussion of trade priorities and initiatives, PEC subcommittee activity and proposed letters of recommendation. The PEC was established on December 20, 1973, and reconstituted May 4, 1979, to advise the President on matters relating to U.S. trade. It was most recently renewed by Executive Order 13385. 

# DATES:

December 6, 2005. 

Time: 10:15 a.m. to 12 noon (e.s.t.). 

# ADDRESSES:

                        Room G-50, Dirksen Senate Office Building, Washington, DC 20510. This program will be physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be submitted no later than November 30, 2005, to J. Marc Chittum, President's Export Council, Room 4043, 1401 Constitution Avenue, NW., Washington, DC 20230, telephone 202-482-1124,                         *Marc.Chittum@mail.doc.gov*. Seating is limited and will be on a first come, first served basis.                     

# FOR FURTHER INFORMATION CONTACT:

                        J. Marc Chittum, President's Export Council, Room 4043, 1401 Constitution Avenue, NW., Washington, DC 20230, telephone: 202-482-1124,                         *Marc.Chittum@mail.doc.gov*, or visit the PEC Web site,                         *http://www.ita.doc.gov/​td/​pec*.                     

Dated: November 10, 2005. 

J. Marc Chittum, 

Executive Secretary and Staff Director, President's Export Council. 

[FR Doc. 05-22707 Filed 11-14-05; 8:45 am] 

BILLING CODE 3510-DR-P
<TABLE> <S> <C>

<ARTICLE>                                                                5
<LEGEND>
This schedule contains summary financial information extracted
from the contained quarterly 10-Q and is qualified in its
entirety by reference to such Form 10-Q.
</LEGEND>
<MULTIPLIER>                                                             1

<PERIOD-TYPE>                                                       3-MOS
<FISCAL-YEAR-END>                                               Jul-31-2000
<PERIOD-START>                                                  Aug-01-1999
<PERIOD-END>                                                    Oct-31-1999
<CASH>                                                            2,022,942
<S>
<SECURITIES>                                                         40,394
<RECEIVABLES>                                                       309,226
<ALLOWANCES>                                                              0
<INVENTORY>                                                               0
<CURRENT-ASSETS>                                                  2,986,167
<PP&E>                                                           51,858,210
<DEPRECIATION>                                                   22,839,955
<TOTAL-ASSETS>                                                   41,829,918
<CURRENT-LIABILITIES>                                             1,995,288
<BONDS>                                                                   0
<COMMON>                                                          2,178,297
<PREFERRED-MANDATORY>                                                     0
<PREFERRED>                                                               0
<OTHER-SE>                                                                0
<TOTAL-LIABILITY-AND-EQUITY>                                     41,829,918
<SALES>                                                                   0
<TOTAL-REVENUES>                                                  2,704,905
<CGS>                                                                     0
<TOTAL-COSTS>                                                             0
<OTHER-EXPENSES>                                                  2,147,396
<LOSS-PROVISION>                                                          0
<INTEREST-EXPENSE>                                                  160,404
<INCOME-PRETAX>                                                     461,500
<INCOME-TAX>                                                        167,000
<INCOME-CONTINUING>                                                 294,500
<DISCONTINUED>                                                            0
<EXTRAORDINARY>                                                           0
<CHANGES>                                                                 0
<NET-INCOME>                                                        294,500
<EPS-BASIC>                                                          0.14
<EPS-DILUTED>                                                           .00


</TABLE>
---

Exhibit 32.2

CERTIFICATIONPursuant to 18 U.S.C. Section
1350As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002



In connection with the Quarterly Report of Strategic Internet
Investments, Incorporated (the "Company") on Form 10-Q for the period ending
June 30, 2009 as filed with the Securities and Exchange Commission on the date
hereof (the "Report"). I, Abbas Salih, Chief Financial Officer of the company,
certify, pursuant to 18 USC Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

| | 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.





|Date: | August 12, 2009 |  | /s/ Abbas Salih           
|----- | --------------- |  | --------------------------
|      |                 |  | Abbas Salih, CFO, Director

---