alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex_346014.htm


Exhibit 10.1


 


	
			

				
			One Rockefeller Plaza, 32nd Floor


			New York, NY 10020


			atalayacap.com

			



 


ACM ARRT E LLC


One Rockefeller Plaza, 32nd Floor


New York, NY, 10020

March 7, 2022


 


 


CONFIDENTIAL


 


Sky Harbour LLC


Francisco X Gonzalez


Chief Financial Officer


(917) 757-0772


fgonzalez@skyharbour.group


 


Re:         Payment Agreement


 


Ladies and Gentlemen:


 


We refer to the Forward Purchase Agreement (the “FPA”) dated as of January 17, 2022, between ACM ARRT E LLC and Yellowstone Acquisition Company. Capitalized terms used but not otherwise defined in this letter agreement shall have the meanings given such terms in the FPA.


 


Seller and Counterparty agree as follows:


 


1.    Within two (2) business days from the date hereof, Seller will pay Counterparty $6,734,602.01, which amount represents (a) $6,784,602.01 in respect of Early Termination Obligations of Seller through its sale of all Subject Shares minus (b) $50,000 for the reimbursement by Counterparty to Seller for legal fees incurred and entitled to reimbursement under the FPA.


 


2.    The FPA is hereby amended such that the “Minimum Number of Shares” is equal to 0. For the avoidance of doubt, notwithstanding the terms and conditions of the FPA, Seller shall have no obligation to purchase any Additional Shares.


 


3.    The Counterparty shall not be required to pay Seller the Structuring Fee under the FPA.


 


4.    The FPA, as amended pursuant to this Letter, shall remain in full force and effect.


 





 










 








 


5.    Governing Law. Any dispute or other matter arising out of or in connection with this letter agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without reference to principles of conflict of laws or choice of laws.


 


6.    Jurisdiction. Each of the parties irrevocably consents to the non-exclusive jurisdiction of the courts of the State and County of New York and of any federal court located New York County in connection with any suit, action or other proceeding arising out of or relating to this letter agreement or the transactions contemplated herein, agrees to waive any objection to venue in the State and County of New York.


 


Please sign below as an indication of your agreement to the foregoing.


 


	 	
			Very truly yours,


			 


			ACM ARRT E LLC


			 


			 


			By:  /s/ Ivan Q. Zinn          


			Name:  Ivan Q. Zinn


			Title:    Authorized Signatory

			



 


 


 


Accepted and Agreed as of March 7, 2022:


 


Sky Harbour LLC


 


By:  /s/ Francisco Gonzalez              


Name:  Francisco Gonzalez


Title:     CFO


 


 


	ATALAYA	2
Exhibit 99.9

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

In connection with the
annual report on Form 40-F of Southwestern Resources Corp. for the year ended
December 31, 2004, as filed with the Securities and Exchange Commission, I
hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

1. The annual report
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended; and

2. The information
contained in the annual report fairly presents, in all material respects, the
financial condition and results of operations of the registrant.

Date: March 28, 2005

/s/ John G.
PatersonJohn G. PatersonPresident and Chief Executive Officer

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 required
by Section 906, has been provided to the registrant and will be retained by the
registrant and furnished to the Securities and Exchange Commission or its staff
upon request.

SWG
Form 40-F 2004
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               JUN-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                          16,381
<SECURITIES>                                         0
<RECEIVABLES>                                   27,001
<ALLOWANCES>                                       677
<INVENTORY>                                     21,099
<CURRENT-ASSETS>                                74,838
<PP&E>                                          40,296
<DEPRECIATION>                                  27,403
<TOTAL-ASSETS>                                 100,896
<CURRENT-LIABILITIES>                           28,225
<BONDS>                                          3,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           200
<OTHER-SE>                                      64,526
<TOTAL-LIABILITY-AND-EQUITY>                   100,896
<SALES>                                        107,523
<TOTAL-REVENUES>                               107,523
<CGS>                                           41,655
<TOTAL-COSTS>                                   41,655
<OTHER-EXPENSES>                                 8,975
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (248)
<INCOME-PRETAX>                                 21,976
<INCOME-TAX>                                     7,857
<INCOME-CONTINUING>                             14,119
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    14,119
<EPS-BASIC>                                       0.97
<EPS-DILUTED>                                     0.88


</TABLE>
Case 1:06-cr-00477-LBS Document 10 Filed 03/25/2008 Page 1 of 2Case 1:06-cr-00477-LBS Document 10 Filed 03/25/2008 Page 2 of 2
Case 1:07-cv-03385-BSJ-KNF Document 9 Filed 05/23/2007 Page 1 of 1
#### CLINE v. CLINE

No. 112 PC.

No. 47 (Spring Term).

Case below: 34 N.C. App. 495.

Petition by plaintiff for discretionary review under G.S. 7A-31 allowed 24 January 1978.
Case 1:07-cv-03580-DLC Document 45 Filed 07/13/2007 Page 1 of 2Case 1:07-cv-03580-DLC Document 45 Filed 07/13/2007 Page 2 of 2
Apply by August 15, 2024, for the

Industrial Minerals Sector Award

What is the award? The award recognizes a mine or company for extraordinary achievements in applying health and safety 

technology in innovative ways, above and beyond mandatory requirements. The framed award certificate 

is presented by the NIOSH Associate Director for Mining and the Essential Minerals Association (EMA)

President at the annual EMA Meeting in October 2024. NIOSH will also announce the recipients on its 

website and through other public channels. A written commendation will also be sent to the winners, who 

may cite it in their own public announcements.

Who can win? Mining operations that implement an extraordinary health and safety technology are eligible as are other 

organizations that play a major role in the implementation. A technology manufacturer may submit an 

award, but they must be working with a mine operator who is an active participant in the full process, from 

developing the innovative technology to adopting the technology into their mining operation.

When are submissions due? August 15, 2024. The NIOSH Office of Mine Safety and Health Research will track all submissions and acknowledge 

any received by the due date.

How do I make a submission? Send an email to the Associate Director for Mining at mining@cdc.gov stating that you are nominating for the 

industrial minerals sector and answering these questions:

• What problem were you solving?

• What is the technology and how does it work?

• How did you modify and evaluate the technology to solve your specific problem?

• What did you do to implement the technology at your mine?

• What health and safety benefits have been realized or are expected?

• What mining operation or company is implementing the technology?

• Who is the primary contact for this submission? (Name, email address, phone number)

Pictures and diagrams are optional but may be attached to your submission to help us understand the technology. 

The submission does not need to be elaborately produced and the text can be in lay terms. NIOSH will contact you if 

we need further clarification during the review process. 

What are some examples of innovations that have won in the past? Moisture-Tolerant Rock Dust. Imerys created a moisture-tolerant rock dust by blending conventional rock dust with 

treated calcium carbonate to offer an optimal solution for mines.

Dry Scrubbing System. Tronox Alkali developed a dry scrubber system to control airborne dust generated during 

ore transport and handling.

How will I know if my submission has won? Winners will be notified prior to the EMA meeting in October 2024 and will receive a written notice of their 

commendation to cite in their own public announcements.

How can I get more information? View the award webpage at go.usa.gov/xNnYA for details and a list of past winners. For questions, email us at 

mining@cdc.gov, or call 412-386-5302. 

www.cdc.gov/niosh/mining

NIOSH MINE SAFETY AND HEALTH TECHNOLOGY AWARD
#### STATE v. WISE

No. 23 PC.

Case below: 27 N.C. App. 622.

Petition for discretionary review under G.S. 7A-31 denied 3 February 1976. Motion of Attorney General to dismiss appeal for lack of substantial constitutional question allowed 3 February 1976.
#### CARVER v. CARVER

No. 142P82.

Case below: 55 N.C. App. 716.

Petition by defendant for discretionary review under G.S. 7A-31 denied 4 May 1982.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

**No. 13** 

**- 2520** 

ADEBAYO COLE

,

Petitioner

- Appellant

,

v.

COMMISSIONER OF INTERNAL REVENUE

,

Respondent

- Appellee

.

Appeal from the United States Tax Court.

( 29496

- 11 )

Submitted : April 24 , 2014 Decided: April 28, 2014

Before NIEMEYER, SHEDD , and FLOYD , Circuit Judges.

Affirmed by un published per curiam opinion

.

Adebayo Cole , Appellant Pro Se. Curtis Clarence Pett, Francesca

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

for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:

Adebayo Cole a ppeals from the tax court ’ s ord er

dismissing his tax court petition for failure to prosecute and

upholding the Commissioner of Internal Revenue’s determinations

with respect to Cole’s income tax liabilities for the 2008 and

2009 tax years. We have reviewed the record and find no

revers ible error. Accordingly, we affirm for the reasons stated

by the tax court. Cole v. Comm’r of Internal Revenue , No.

29496

- 11 (U.S.T.C. June 24, 2013). We dispense with oral

argument because the facts and legal contentions are adequately

prese nted in the materials before this court and argument would

not aid the decisional process.

AFFIRMED
#### WINBORNE v. WINBORNE

No. 259 PC.

Case below: 41 N.C. App. 756.

Petition by plaintiff for discretionary review under G.S. 7A-31 denied 10 September 1979.
Exhibit 12.1  Section 302 Certificate  Form of Certification Required by Rule 13a-14(a) or 15d-14(a) under the Securities Exchange Act of 1934  I, Brian Gordon Purves, certify that:  1.I have reviewed this annual report on Form 20-F of Luxfer Holdings PLC;  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 company as of, and for, the periods presented in this report;  4.The companys other certifying officer 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 company 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 company, 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 company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 companys internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the companys internal control over financial reporting; and  5.The companys other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the companys auditors and the audit committee of the company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 company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 companys internal control over financial reporting.   Date:   March 29, 2013
/s/   Brian Gordon PurvesBrian   Gordon PurvesChief   Executive  2
Case 1:07-cr-00370-RJH Document 3 Filed 05/03/2007 Page 1 of 2
Case 1:07-cr-00370-RJH Document 3 Filed 05/03/2007 Page 2 of 2
Case 1:07-cv-03595-JSR Document 2 Filed 05/04/2007 Page 1 of 1
#### DANTZIC v. STATE

No. 140.

Case below: 12 N.C. App. 409.

Petition for writ of certiorari to North Carolina Court of Appeals denied 2 November 1971. Appeal dismissed *ex mero motu*for lack of substantial constitutional question 2 November 1971.
Case 1:07-cv-03438-PKC Document 2-4 Filed 05/01/2007 Page 1 of 2
Case 1:07-cv-03438-PKC Document 2-4 Filed 05/01/2007 Page 2 of 2
#### JOINT VENTURE v. CITY OF WINSTON-SALEM

No. 109 PC.

Case below: 54 N.C. App. 202.

Petition by defendant for discretionary review under G.S. 7A-31 denied 12 January 1982.
Case 1:07-cv-03327-DC Document 20 Filed 09/13/2007 Page 1 of 11Case 1:07-cv-03327-DC Document 20 Filed 09/13/2007 Page 2 of 11Case 1:07-cv-03327-DC Document 20 Filed 09/13/2007 Page 3 of 11Case 1:07-cv-03327-DC Document 20 Filed 09/13/2007 Page 4 of 11Case 1:07-cv-03327-DC Document 20 Filed 09/13/2007 Page 5 of 11Case 1:07-cv-03327-DC Document 20 Filed 09/13/2007 Page 6 of 11Case 1:07-cv-03327-DC Document 20 Filed 09/13/2007 Page 7 of 11Case 1:07-cv-03327-DC Document 20 Filed 09/13/2007 Page 8 of 11Case 1:07-cv-03327-DC Document 20 Filed 09/13/2007 Page 9 of 11Case 1:07-cv-03327-DC Document 20 Filed 09/13/2007 Page 10 of 11Case 1:07-cv-03327-DC Document 20 Filed 09/13/2007 Page 11 of 11
Exhibit 10.1 


 


FIRST AMENDMENT TO EMPLOYMENT AGREEMENT


 


THIS FIRST AMENDMENT
TO EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into effective as of the 25th day of March,
2020 by and between BRENT MOODY, an Illinois resident (“Employee”), Camping World Holdings, Inc., a Delaware
corporation (“Camping World”) and CWGS Enterprises, LLC, a Delaware limited liability company (the “Partnership”
and, together with Camping World and any of the Affiliates of Camping World and the Partnership as may employ the Employee from
time to time, and any successor(s) thereto, the “Company”).


 


RECITALS


 


WHEREAS, the
Company and Employee entered into that certain Employment Agreement dated June 10, 2016 (the “Agreement”); and


 


WHEREAS, the
Company and Employee desire to amend the Agreement pursuant to the terms and conditions of this Amendment.


 


NOW, THEREFORE,
for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:


 


1.       Section
4.01 of the Agreement is hereby deleted and replaced with the following effective as of March 30, 2020:


 


“4.01    Base Salary. During
the Term, the Company shall pay to Employee a base annual salary of Fifty Thousand and No/100 Dollars ($50,000.00) (“Base
Salary”), which salary shall be paid in accordance with the Company's normal payroll procedures and policies.


  


2.       Except
as modified by this Amendment, the Agreement is hereby ratified and affirmed and shall remain in full force and effect. In the
event of any conflicts between the terms of the Amendment and the terms of the Agreement, the terms of this Amendment shall control.


 


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


 


[Signatures on following page]


 






    1


     


    

 


IN WITNESS WHEREOF,
the parties have executed this Amendment as of the date set forth in the first paragraph.


  


	 	CAMPING WORLD HOLDINGS, INC.




  


	 	By:	/s/ Marcus Lemonis
	 	 	Marcus Lemonis, Chairman
	 	 	Marcus Lemonis
	 	 	Chairman and Chief Executive Officer




  


	 	CWGS ENTERPRISES, LLC




  


	 	By:	/s/ Marcus Lemonis
	 	 	Marcus Lemonis, Chairman
	 	 	Marcus Lemonis
	 	 	Chairman and Chief Executive Officer




  


	 	/s/ Brent Moody
	 	BRENT MOODY






 






    2
[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Proposed Rules]
[Page 71448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23416]



[[Page 71448]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[TRI-2005-0073; FRL 7533-1]
RIN 2025-AA14


Extension of Comment Period for the Toxics Release Inventory 
Burden Reduction Proposed Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: EPA issued a proposed rule in the Federal Register on October 
4, 2005, titled ``Toxics Release Inventory Burden Reduction Proposed 
Rule.'' (70 FR 57822) This document extends the closing date of the 
comment period for that rule from December 5, 2005, to January 13, 
2006.

DATES: Comments on the October 4, 2005, proposed rule, identified by 
the docket identification number TRI-2005-0073, must be received on or 
before January 13, 2006.

ADDRESSES: Detailed instructions for submitting comments are provided 
in the proposed rule that was published on October 4, 2005 (70 FR 
57822).

FOR FURTHER INFORMATION CONTACT: Marc Edmonds, Toxics Release Inventory 
Program Division, Office of Information Analysis and Access (2844T), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 202-566-0758; fax number: 202-
566-0741; e-mail: <a href="/cdn-cgi/l/email-protection#d7b2b3bab8b9b3a4f9bab6a5b497b2a7b6f9b0b8a1"><span class="__cf_email__" data-cfemail="1c7978717372786f32717d6e7f5c796c7d327b736a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: EPA has received requests from several 
groups to extend the comment period for the ``Toxics Release Inventory 
Burden Reduction Proposed Rule.'' (70 FR 57822, October 4, 2005) These 
groups include Environmental Defense, the National Environmental Trust, 
the U.S. Public Interest Research Group, and the Working Group on 
Community Right-to-Know. These groups have requested additional time to 
conduct analysis of TRI data and prepare comments on the proposed rule. 
EPA has considered these comments and determined that extending the 
comment period is an appropriate action that will not cause a 
significant delay in evaluating comments on the proposed rule and 
promulgating the final rule. Therefore, EPA is extending the comment 
period on the October 4, 2005, proposed rule from December 5, 2005, 
until January 13, 2006. All comments must be submitted by January 13, 
2006, following the detailed instructions provided in the proposed 
rule.

    Dated: November 22, 2005.
Kimberly T. Nelson,
Assistant Administrator for the Office of Environmental Information and 
Chief Information Officer.
[FR Doc. 05-23416 Filed 11-28-05; 8:45 am]
BILLING CODE 6560-50-P


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Exhibit 32.2

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
Annual Report of Gentiva Health Services, Inc. (the Company) on Form 10-K for the period ended December 31, 2010, as filed with the Securities and Exchange Commission (the Report), I, Eric R. Slusser, Executive Vice
President, Chief Financial Officer and Treasurer 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:

(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: March 11, 2011



/s/ Eric R. SlusserEric R. SlusserExecutive Vice President,Chief Financial Officer and Treasurer
#### STATE v. BENFIELD

No. 71 PC.

Case below: 8 N.C. App. 103.

Petition for writ of *certiorari*to North Carolina Court of Appeals denied 28 August 1970.