alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.34





 Exhibit 10.34 

THE FRESH MARKET HOLDINGS, INC. 

c/o Apollo Management VIII, L.P. 

9 West 57th Street 
 New
York, NY 10019 
 January 20, 2022 
 Carlos Clark

 Senior Vice President, General Counsel 

Re:    Stock Option 
 Dear Carlos:

 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 December 14, 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
Case 1:07-cv-03361-LAK Document 11 Filed 09/14/2007 Page 1 of 3Case 1:07-cv-03361-LAK Document 11 Filed 09/14/2007 Page 2 of 3Case 1:07-cv-03361-LAK Document 11 Filed 09/14/2007 Page 3 of 3
Case 1:07-cv-03367-RPP Document 1 Filed 04/27/2007 Page 1 of 9
Case 1:07-cv-03367-RPP Document 1 Filed 04/27/2007 Page 2 of 9
Case 1:07-cv-03367-RPP Document 1 Filed 04/27/2007 Page 3 of 9
Case 1:07-cv-03367-RPP Document 1 Filed 04/27/2007 Page 4 of 9
EXHIBIT A 

Case 1:07-cv-03367-RPP Document 1 Filed 04/27/2007 Page 5 of 9
Case 1:07-cv-03367-RPP Document 1 Filed 04/27/2007 Page 6 of 9
Case 1:07-cv-03367-RPP Document 1 Filed 04/27/2007 Page 7 of 9
Case 1:07-cv-03367-RPP Document 1 Filed 04/27/2007 Page 8 of 9
Case 1:07-cv-03367-RPP Document 1 Filed 04/27/2007 Page 9 of 9
EXHIBIT  11

                    BAIRNCO CORPORATION AND SUBSIDIARIES

            CALCULATION OF BASIC AND DILUTED EARNINGS PER SHARE

            FOR THE YEARS ENDED DECEMBER 31, 1999, 1998 AND 1997


                                   1999          1998          1997
BASIC EARNINGS PER COMMON SHARE:

Net Income                         $ 8,641,000   $ 1,594,000   $ 8,771,000

Average common shares outstanding    7,965,000     8,655,000     9,151,000

Basic Earnings Per Common Share    $      1.08   $      0.18   $      0.96


DILUTED EARNINGS PER COMMON SHARE:

Net Income                         $ 8,641,000   $ 1,594,000   $ 8,771,000

Average common shares outstanding    7,965,000     8,655,000     9,151,000
Common shares issuable in respect
 to options issued to employees
 with a dilutive effect                 73,000       163,000       199,000
Total common shares assuming full
 dilution                            8,038,000     8,818,000     9,350,000

Diluted Earnings Per Common Share  $      1.08   $      0.18   $      0.94


Basic  earnings per common share were computed by  dividing
net  income  by the weighted average number  of  shares  of
common   stock  outstanding  during  each  year.    Diluted
earnings  per  common  share  include  the  effect  of  all
dilutive stock options.
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 ISA Internationale Inc. (the "Company") on Form 10-K for the period ending September 30, 2014, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, in the capacities and on the date indicated below, hereby certifies, 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 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 operation of the Company.  By: /s/ Bernard L. Brodkorb  Bernard L. Brodkorb President, Chief Executive Officer, Chief Financial Officer, and Chairman of the Board  Dated: January 13, 2015
Case 7:07-cv-03311-KMK     Document 13      Filed 08/01/2008     Page 1 of 1
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 Quarterly Report of The X-Change  Corporation on
Form 10-QSB/A for the period ending March 31, 2003, as filed with the Securities
and Exchange  Commission on the date hereof (the "Report"),  I, Michael Sheriff,
President  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, 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/ Michael Sheriff
Michael Sheriff, President, Chief
Executive Officer , Treasurer and Chairman
(Principal Executive and Financial Officer)


March 24, 2004


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  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.
Case 1:06-cv-15069-AKH Document 4 Filed 12/08/2006 Page 1 of 1
The State of TexasAppellee

Fourth Court of Appeals

San Antonio, Texas

October 23, 2014

No. 04-14-00383-CR

Sean LEBO,

Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law No. 14, Bexar County, Texas

Trial Court No. 413956

Honorable Bill C. White, Judge Presiding

ORDER

The reporter’s record in this appeal was due September 15, 2014, but it was not filed. 

This court notified Kimberly LoBello by letter that she is the court reporter responsible for 

timely filing the reporter’s record, and the record had not been filed. Our letter directed LoBello 

to file the record by October 22, 2014. On October 22, LoBello filed a notification of late record, 

requesting an extension of time until November 3, 2014, to file the record. 

We grant the motion, and order Kimberly LoBello to file the record by November 3, 

2014. LoBello is advised that the court will not grant a further extension of time unless she 

(1) establishes there are extraordinary circumstances that prevent her from timely filing the 

record, (2) advises the court of what efforts have been expended to prepare the record and the 

status of completion, and (3) provides the court reasonable assurance the record will be 

completed and filed by the requested extended deadline.

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 23rd day of October, 2014.

___________________________________

Keith E. Hottle

Clerk of Court
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-6574

WYNN H. SHELDON,

Plaintiff - Appellant,

versus

HARRY G. LAPPIN, Director; B. A. BLEDSOE,

Warden/Regional Director; K. M. WHITE; J.

JONES; STRICKLAND; HILL; SHULTS, Acting

Captain; CAPTAIN WILLIAMS; LIEUTENANT TREES;

LIEUTENANT GRAPPERHAUS; LIEUTENANT PITT;

LIEUTENANT ALLEN; DOCTOR DEJESUS; DOCTOR

RAMIREZ; DOCTOR ELLIS; IRWIN FISH, Physician

Assistant; D. ROTH, Physician Assistant; P.

HERRELL, R.N.; D. DUNCAN, R.N.; T. HORNSBY,

R.N.,

Defendants - Appellees.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. Jackson L. Kiser, Senior

District Judge. (7:06-cv-00049)

Submitted: August 23, 2007 Decided: August 29, 2007

Before WILLIAMS, Chief Judge, and WILKINS and HAMILTON, Senior

Circuit Judges.

Affirmed by unpublished per curiam opinion.

Wynn H. Sheldon, Appellant Pro Se. Thomas Linn Eckert, Assistant

United States Attorney, Roanoke, Virginia, for Appellees.
- 2 -

Unpublished opinions are not binding precedent in this circuit.
- 3 -

PER CURIAM:

Wynn H. Sheldon appeals the district court’s order

denying relief on his complaint filed pursuant to Bivens v. Six

Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388

(1971). We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. Sheldon v. Lappin, No. 7:06-cv-00049 (W.D. Va. Mar. 15,

2007). 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
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<TABLE> <S> <C>


<ARTICLE>                                         5

<MULTIPLIER>                                      1,000

<S>                                               <C>
<PERIOD-TYPE>                                     6-MOS
<FISCAL-YEAR-END>                                 Dec-31-1999
<PERIOD-START>                                    Jan-01-1999
<PERIOD-END>                                      Jun-30-1999
<CASH>                                            20,464
<SECURITIES>                                      0
<RECEIVABLES>                                     58,105
<ALLOWANCES>                                      900
<INVENTORY>                                       14,523
<CURRENT-ASSETS>                                  99,657
<PP&E>                                            454,112
<DEPRECIATION>                                    136,596
<TOTAL-ASSETS>                                    510,462
<CURRENT-LIABILITIES>                             62,698
<BONDS>                                           260,054
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       5,792
<COMMON>                                          4,241
<OTHER-SE>                                        83,078
<TOTAL-LIABILITY-AND-EQUITY>                      510,462
<SALES>                                           0
<TOTAL-REVENUES>                                  222,307
<CGS>                                             87,474
<TOTAL-COSTS>                                     190,976
<OTHER-EXPENSES>                                  0
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                                9,324
<INCOME-PRETAX>                                   6,686
<INCOME-TAX>                                      365
<INCOME-CONTINUING>                               6,321
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                                      6,321
<EPS-BASIC>                                     0.19
<EPS-DILUTED>                                     0.19



</TABLE>
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 the Interior

###### Minerals Management Service 

# AGENCY:

Minerals Management Service, Interior.

# ACTION:

Notice of Availability of the Proposed Notice of Sale for Proposed Sale 198.

# SUMMARY:

The MMS announces the availability of the proposed Notice of Sale for proposed Sale 198 in the Central GOM OCS. This Notice is published pursuant to 30 CFR 256.29(c) as a matter of information to the public. With regard to oil and gas leasing on the OCS, the Secretary of the Interior, pursuant to section 19 of the OCS Lands Act, provides the affected States the opportunity to review the proposed Notice. The proposed Notice sets forth the proposed terms and conditions of the sale, including minimum bids, royalty rates, and rentals.

# DATES:

                        Comments on the size, timing, or location of proposed Sale 198 are due from the affected States within 60 days following their receipt of the proposed Notice. The final Notice of Sale will be published in the                         **Federal Register**                         at least 30 days prior to the date of bid opening. Bid opening is currently scheduled for March 15, 2006.                    

# SUPPLEMENTARY INFORMATION:

The proposed Notice of Sale for Sale 198 and a “Proposed Sale Notice Package” containing information essential to potential bidders may be obtained from the Public Information Unit, Gulf of Mexico Region, Minerals Management Service, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394. Telephone: (504) 736-2519.

Dated: November 10, 2005.

R.M. “Johnnie” Burton,

Director, Minerals Management Service.

[FR Doc. 05-23075 Filed 11-21-05; 8:45 am]

BILLING CODE 4310-MR-P
Case 1:06-cv-15089-AKH Document 3 Filed 12/08/2006 Page 1 of 1
EXHIBIT 32.2
                                  CERTIFICATION

     Pursuant to 18U.S.C. Section 1350, the undersigned officers of Ocean
Bio-Chem, Inc. (the "Company"), hereby certify that the Company's Annual Report
on Form 10-K for the year ended December 31, 2004 (the "Report") fully complies
with the requirements of Section 13(a) or 15(d), as applicable, of the
Securities Exchange Act of 1934 and that the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operation of the Company.

Dated: March 30, 2005

                                 /s/ Edward Anchel
                                 -----------------------
                                 Edward Anchel
                                 Chief Financial Officer
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 Defense

###### Department of the Navy 

# AGENCY:

Department of the Navy, DoD. 

# ACTION:

Notice. 

# SUMMARY:

The invention listed below is assigned to the United States Government as represented by the Secretary of the Navy and is available for licensing by the Department of the Navy. U.S. Patent Application Serial No. 11/099,781 entitled “One-Dimensional Iris Signature for Iris Identification”, Navy Case No. 96,365, and any continuations, divisionals or re-issues thereof. 

# ADDRESSES:

Requests for copies of the inventions cited should be directed to the Naval Research Laboratory, Code 1004, 4555 Overlook Avenue, SW., Washington, DC 20375-5320, and must include the Navy Case number. 

# FOR FURTHER INFORMATION CONTACT:

                        Reza Malek-Madani, Director of Research and Scholarship Research Office, U.S. Naval Academy, 589 McNair Road, MS 10m, Nimitz Room 17, telephone 410-293-2504 or Jane F. Kuhl, Head, Technology Transfer Office, NRL Code 1004, 4555 Overlook Avenue, SW., Washington, DC 20375-5320, telephone 202-767-3083. Due to temporary U.S. Postal Service delays, please fax 202-404-7920, e-mail:                         *kuhl@utopia.nrl.navy.mil*                         or use courier delivery to expedite response.                     

(Authority: 35 U.S.C. 207, 37 CFR Part 404)

Dated: November 14, 2005. 

Eric McDonald, 

Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. 

[FR Doc. 05-22869 Filed 11-17-05; 8:45 am] 

BILLING CODE 3810-FF-P
EXHIBIT 11
<TABLE> 
            STATEMENT RE: COMPUTATION OF EARNINGS PER SHARE (1)
<CAPTION>
                          For the Twelve Months Ended June 30,
            -----------------------------------------------------------------
                    1997                 1996                  1995
            --------------------- --------------------- ---------------------
                         Fully                 Fully                 Fully
              Primary    Diluted    Primary    Diluted    Primary    Diluted
            ---------- ---------- ---------- ---------- ---------- ----------   
<S>         <C>        <C>        <C>        <C>        <C>        <C>   
Weighted 
 average 
 shares 
 outstanding:

 Common 
  stock     12,195,891 12,195,891 12,195,891 12,195,891 12,395,891 12,395,891
 Shares 
  available 
  under 
  options            -          -    123,755    147,626    202,211    202,211
            ---------- ---------- ---------- ---------- ---------- ----------
Weighted 
 average
 common and 
 common
 equivalent 
 shares     
 outstanding12,195,891 12,195,891 12,319,646 12,343,517 12,598,102 12,598,102
            ========== ========== ========== ========== ========== ==========
 Net 
 earnings
 (loss)      ($109,513) ($109,513)  $778,895   $778,895   $127,827   $127,827
            ========== ========== ========== ========== ========== ==========
Net 
 earnings 
 (loss)
 per share      ($0.01)    ($0.01)     $0.06      $0.06      $0.01      $0.01
            ========== ========== ========== ========== ========== ==========


(1)  Fully diluted earnings per share are not presented on the Company's
     Statement of Operations due to fully diluted earnings per share not having
     a difference from primary earnings per share of greater than 3% for the
     years ended June 30, 1997, 1996 and 1995.
</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7340

BILLY WHITE, Plaintiff - Appellant, versus SERGEANT TAYLOR, Defendant - Appellee, and DEAN BROCHARD, Chief Psychologist, Defendant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-02-385) Submitted: January 28, 2004 Decided: February 20, 2004 Before WILLIAMS, KING, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Billy White, Appellant Pro Se. Christopher Garrett Hill, Philip Carlton Hollowell, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.- 2 - Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* The parties consented to the magistrate judge’s jurisdiction pursuant to 28 U.S.C. § 636(c) (2000). - 3 - PER CURIAM: Billy White appeals the magistrate judge’s orders denying his motions for appointment of counsel in his suit under 42 U.S.C. § 1983 (2000). * We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the magistrate judge. SeeWhite v. Taylor , No. CA-02-385 (E.D. Va. Sept. 22, 2002; July 24, 2003; Aug. 20, 2003). We also deny White’s motion for appointment of counsel on appeal. 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