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








Exhibit 4.2






DESCRIPTION OF THE REGISTRANT’S SECURITIES REGISTERED PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934


Hudson Global, Inc. (the “Company”) has one class of securities registered under Section 12 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”): its common stock, par value $0.001 per share (“Common Stock”). The following is a summary of the material terms of the Common Stock. This summary is qualified in its entirety by reference to the Company’s Amended and Restated Certificate of Incorporation, as amended (the “Charter”), and Amended and Restated By-laws (the “Bylaws”), which are incorporated herein by reference as Exhibit 3.1 and Exhibit 3.6, respectively, to the Company’s Annual Report on Form 10-K of which this Exhibit 4.2 is a part. We encourage you to read the Charter, the By-laws and applicable provisions of the Delaware General Corporation Law (the “DGCL”) for additional information.


Description of Common Stock


Authorized Capital Stock


The Company is authorized to issue 20,000,000 shares of Common Stock and 10,000,000 shares of preferred stock, par value $0.001 per share. The Company’s Board of Directors (the “Board”) is authorized to provide for the issuance of shares of preferred stock in one or more series and to fix for each such series such voting powers, designations, preferences and relative, participating, optional or other special rights and such qualifications, limitations or restrictions thereon, as determined by the Board.


Voting Rights and Liquidation Rights


Each share of Common Stock is entitled to one vote on all matters. No holder of Common Stock has preemptive or other rights to subscribe for additional shares of Common Stock. In the event of our liquidation, dissolution or winding up, holders of the shares of Common Stock are entitled to share equally, share for share, in the assets available for distribution, subject to any liquidation preference on any outstanding shares of our preferred stock.


Dividends 


Each share of Common Stock is entitled to dividends if, as and when dividends are declared by the Board and paid. Under Delaware corporate law, we may declare and pay dividends only out of our surplus, or in case there is no such surplus, out of our net profits for the fiscal year in which the dividend is declared and/or the preceding year. We will pay any dividend so declared and payable in cash, capital stock or other property equally, share for share, on our Common Stock. We may not declare dividends, however, if our capital has been diminished by depreciation, losses or otherwise to an amount less than the aggregate amount of capital represented by any issued and outstanding stock having a preference on distribution. 


Stock Exchange Listing


The Common Stock is listed on the Nasdaq Global Select Market under the trading symbol “HSON”.


Transfer Agent and Registrar


The transfer agent and registrar for the Common Stock is Computershare, Inc.
**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 NT Mining Corporation on Form 10-K for the year ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Richard Fesiuk, Chief Financial Officer and Corporate Secretary 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/*Richard Fesiuk*

Richard Fesiuk

Chief Financial Officer and Corporate Secretary

May 19, 2010

 

----
Exhibit








AMENDMENT NO. 4 TO AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT
ARC DOCUMENT SOLUTIONS, INC. (“ARC”) and JORGE AVALOS (“Executive”) agree to enter into this AMENDMENT NO. 4 TO AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT (“Amendment No. 4”) dated as of April 4, 2020 (“Effective Date”). 
RECITALS
WHEREAS, ARC and Executive entered into an Employment Agreement, dated May 1, 2014, as amended and restated on February 1, 2015 and June 9, 2015, as subsequently amended (“Executive Agreement”), under which Executive was employed as Chief Financial Officer.  All capitalized terms in this Amendment No. 4 not otherwise defined herein shall have the meanings ascribed to them in the Executive Agreement. 

WHEREAS, the parties now wish to amend certain terms of the Executive Agreement as of the Effective Date.
Now, therefore, in consideration of the promises, covenants and agreements set forth in this Amendment No. 4, the parties agree as follows:
		
	1.
	COMPENSATION.


 A new Subsection 1(a) is added to Section 1 set forth in Appendix B of the Executive Agreement as follows:
“1(a)    Executive agrees that the amount of base salary payable to Executive pursuant to Section 1 shall be voluntarily reduced by thirty-five percent (35%) (“Base Salary Reduction”) effective as of the Effective Date for a period not exceeding three months thereafter (the “Effective Period”).  Notwithstanding anything to the contrary contained in this subsection, if Executive’s employment with ARC is terminated by ARC without Cause or by Executive for Good Reason during the Effective Period, any severance benefits payment to Executive under the Executive Agreement shall be calculated based on the amount of Base Salary set forth in Section 1, without taking into account the Base Salary Reduction.” 
Except as specifically set forth in this Amendment No. 4, the Executive Agreement remains in full force and effect without modification.
IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 4 as of the date first hereinabove set forth. 
	
		
	ARC DOCUMENT SOLUTIONS, INC. 
 
 
By: __________________________________
    Kumarakulasingam Suriyakumar


Title:  President and Chief Executive Officer
	EXECUTIVE 
 
 
By:_______________________________
Jorge Avalos










1
## Court of Appeals Fifth District of Texas at Dallas

MANDATE

TO THE COUNTY COURT AT LAW NO. 3 OF DALLAS COUNTY, GREETINGS:

Before the Court of Appeals for the Fifth District of Texas, on the 4th day of February

, 2015 , the cause on appeal to revise or reverse the judgment between

CHARLES A. WALLACE, M.D.,

INDIVIDUALLY AND D/B/A

A NEW REFLECTION COSMETIC SURGERY CENTER, AND CHARLES A. WALLACE, M.D., P.A., Appellants

No. 05

- 15

- 00002

- CV V.

ROSE MARIE ELLIOTT, Appellee On Appeal from the County Court at Law No. 3, Dallas County, Texas.

Trial Court Cause No. CC

- 14

- 02403

- C. Opinion delivered by Justice Bridges. Justices Fillmore and Brown, participating.

was determined; and this Court made its order in these words:

In accordance with this Court’s opinion of this date, the appeal is DISMISSED

.

It is ORDERED that appellee ROSE MARIE ELLIOTT recover her costs of this appeal from appellants CHARLES A. WALLACE, M.D., INDIVIDUALLY AND D/B/A A NEW REFLECTION COSMETIC SURGERY CENTER, AND CHARLES A. WALLACE, M.D.,

P.A..

WHEREFORE, WE COMMAND YOU to observe the order of the Court of Appeals for the Fifth District of Texas, in this behalf, and have it duly obeyed an d executed.– 2

–

WITNESS the HON. CAROLYN WRIGHT, Chief Justice of the Court of Appeals, with the Seal thereof affixed, at the City of Dallas, this 16th day of April, 2015.

LISA MATZ, Clerk
* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ENRIQUE ALEJANDRO REYES OTERO, Petitioner,
v. ERIC H. HOLDER, Jr., Attorney General, Respondent. No. 08-74645 Agency No. A074-798-747
MEMORANDUM *

ENRIQUE ALEJANDRO REYES OTERO, Petitioner,
v. ERIC H. HOLDER, Jr., Attorney General, Respondent. No. 09-70414 Agency No. A074-798-747

On Petition for Review of an Order of the Board of Immigration Appeals 

# FILED
NOV 03 2010 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 2 Submitted November 1, 2010 ** Pasadena, California Before: SCHROEDER, TALLMAN and M. SMITH, Circuit Judges. Enrique Alejandro Reyes Otero petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252, and we deny the petition for review. The parties are familiar with the facts of the case so we do not repeat them here. The BIA’s factual determinati on that Reyes Otero was sentenced to imprisonment for a period of a year or more is supported by substantial evidence. See § 1252(b)(4)(B); see also Zehatye v. Gonzales , 453 F.3d 1182, 1185 (9th Cir. 2006). By its plain terms, the docket record reflects a cumulative imposed sentence of 457 days. Because Reyes Otero was sentenced to a year or more of imprisonment for committing a crime of violence, he is stat utorily ineligible for relief under section 203(c) of the Nicaraguan Adjustmentand Central American Relief Act (“NACARA”). 8 C.F.R. § 1240.65(a) (“To establish eligibility for suspension of deportation under this section, the applicant must . . . not have been convicted of an aggravated felony . . . .”); see also 8 U.S.C. 1101(a)(43)(F) (defining “aggravated3 felony” as a crime of violence . . . for whic h the term of imprisonment [is] at least one year). On this record, Reyes Otero cannot demonstrate that he may have been prejudiced by the claimed failure of his prior counsel to seek relief under NACARA. PETITION FOR REVIEW DENIED.
#### James J. McDONALD, Appellant, v. UNITED STATES of America, Appellee.

No. 18378.

United States Court of Appeals District of Columbia Circuit.

Argued Nov. 6, 1964.

Decided June 24, 1965.

Mr. Earl H. Davis (appointed by this court), Washington, D. C., for appellant.

*372Mr. Gerald E. Gilbert, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Ne-beker and Harold H. Titus, Jr., Ásst. U. S. Attys., were on the brief, for ap-pellee.

Before Prettyman, Senior Circuit Judge, and Burger and Wright, Circuit Judges.

.PER CURIAM.

Judgment

This cause came on to be heard on the record on appeal from the United States District Court for the District of Columbia, and was argued by counsel.

On consideration whereof It is ordered and adjudged by this Court that the judgment of the District Court appealed from in this cause be, and it is hereby, affirmed. Whalem v. United States, 120 U.S.App.D.C. -, 346 F.2d 812 (1965).

WRIGHT, Circuit Judge

(dissenting):

In my judgment, this case should be remanded to the District Court for consideration of the issue of competency to stand trial in the light of Whalem v. United States, 120 U.S.App.D.C. -, 346 F.2d 812 (1965) *(en banc),*Green v. United States, 121 U.S.App.D.C.-, 349 F.2d 203 (1965) *(en banc),*and Wider v. United States, 121 U.S.App.D.C.-, 348 F.2d 358 (1965).

Like Green, McDonald was an escapee from St. Elizabeths at the time he committed his offense. Whalem was on convalescent leave from the same institution when his offense was committed. While Wider was not under commitment to St. Elizabeths at the time of his offense, that hospital had certified him, as it had McDonald, competent to stand trial although suffering from a mental disease.

The opinions in *Whalem, Green*and *Wider*were not available to Judge Youngdahl when the instant case was tried. Since at that time there was a question in his mind as to the mental competence of McDonald to waive the jury,1 in view of the teaching of *Whalem, Green*and *Wider*it may be that the distinguished trial judge may have some question as to appellant’s competence to stand trial as well.

1

. When appellant’s counsel sought to waive the jury, the trial court responded:

“Well in view of the fact that I am informed by defendant’s attorney that the defense is going to be insanity, one of the defenses, at least, and in view of that situation, there is a question in my mind whether he is competent to determine the question adequately as to waiver, and I think I better submit it to the jury for determination of the issues of fact.”
# C_2010203EN.01000101.xml

| 27.7.2010 | EN | Official Journal of the European Union | C 203/1 |
| --- | --- | --- | --- |

27.7.2010

EN

Official Journal of the European Union

C 203/1

---

Euro exchange rates (1)

1

26 July 2010

2010/C 203/01

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2931 |
| JPY | Japanese yen | 112,31 |
| DKK | Danish krone | 7,4526 |
| GBP | Pound sterling | 0,83425 |
| SEK | Swedish krona | 9,4862 |
| CHF | Swiss franc | 1,3574 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,0020 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,125 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 287,37 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7088 |
| PLN | Polish zloty | 4,0353 |
| RON | Romanian leu | 4,2563 |
| TRY | Turkish lira | 1,9652 |
| AUD | Australian dollar | 1,4425 |
| CAD | Canadian dollar | 1,3395 |
| HKD | Hong Kong dollar | 10,0453 |
| NZD | New Zealand dollar | 1,7756 |
| SGD | Singapore dollar | 1,7660 |
| KRW | South Korean won | 1 540,49 |
| ZAR | South African rand | 9,5320 |
| CNY | Chinese yuan renminbi | 8,7666 |
| HRK | Croatian kuna | 7,2430 |
| IDR | Indonesian rupiah | 11 679,47 |
| MYR | Malaysian ringgit | 4,1347 |
| PHP | Philippine peso | 59,667 |
| RUB | Russian rouble | 39,1850 |
| THB | Thai baht | 41,657 |
| BRL | Brazilian real | 2,2881 |
| MXN | Mexican peso | 16,4516 |
| INR | Indian rupee | 60,8470 |

Currency

Exchange rate

USD

US dollar

1,2931

JPY

Japanese yen

112,31

DKK

Danish krone

7,4526

GBP

Pound sterling

0,83425

SEK

Swedish krona

9,4862

CHF

Swiss franc

1,3574

ISK

Iceland króna

NOK

Norwegian krone

8,0020

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,125

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

287,37

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7088

PLN

Polish zloty

4,0353

RON

Romanian leu

4,2563

TRY

Turkish lira

1,9652

AUD

Australian dollar

1,4425

CAD

Canadian dollar

1,3395

HKD

Hong Kong dollar

10,0453

NZD

New Zealand dollar

1,7756

SGD

Singapore dollar

1,7660

KRW

South Korean won

1 540,49

ZAR

South African rand

9,5320

CNY

Chinese yuan renminbi

8,7666

HRK

Croatian kuna

7,2430

IDR

Indonesian rupiah

11 679,47

MYR

Malaysian ringgit

4,1347

PHP

Philippine peso

59,667

RUB

Russian rouble

39,1850

THB

Thai baht

41,657

BRL

Brazilian real

2,2881

MXN

Mexican peso

16,4516

INR

Indian rupee

60,8470

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

GARY MOYE,

Petitioner,

vs. Case No. 3:10cv88/LAC/EMT

DAVID MORGAN,

Respondent.

________________________________________/

ORDER

Petitioner has filed an amended petition for writ of habeas corpus pursuant to 28 U. S. C. 

§ 2241 (Doc. 6, characterized by Petitioner as an “emergency” petition), as well as a motion to

proceed in forma pauperis (Doc. 7). Additionally, included in both the amended petition and the

motion to proceed in forma pauperis are renewed requests by Petitioner for the appointment of

counsel.

Petitioner has failed to provide the requisite supporting documentation for his motion to

proceed in forma pauperis (specifically, the financial certificate was not signed by a jail official),

asserting that jail officials refused to execute the form. Petitioner has, however, supplied a print-out

of his jail bank account covering the period from October 8, 2009, to March 19, 2010. This

document reflects a current balance of $.08 and average monthly deposits of $8.24 over the course

of the previous five and one-half months period (Doc. 7 at 3). Notwithstanding the lack of a

properly signed financial certificate, based on the information provided in the print-out, the court

will grant the motion to proceed in forma pauperis. 

 Petitioner has failed to provide the court with two service copies of his amended petition. 

Before the court will direct service of the amended petition for writ of habeas corpus, Petitioner shall
Page 2 of 2

be required to submit two complete service copies. Upon Petitioner’s submission of two service

copies, the court will direct Respondent to file a response within sixty (60) days.1

 The motion(s) for appointment of counsel are denied, for the reasons stated in the court’s

previous order (Doc. 4). 

Accordingly, it is ORDERED:

1. Petitioner’s motion to proceed in forma pauperis (Doc. 7) is GRANTED.

2. Within THIRTY (30) DAYS from the date of docketing of this order, Petitioner shall

submit two (2) complete copies of the amended petition. This case number should be written on

each copy. 

3. Failure to comply with this order may result in a recommendation of dismissal of this

case.

DONE AND ORDERED this 2nd day of April 2010.

/s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE

1

 Petitioner’s characterization of the urgent nature of his petition notwithstanding, the court concludes that the

usual response time of sixty days is appropriate in this case.

Case No. 3:10cv88/LAC/EMT
# C_2010070EN.01002701.xml

| 19.3.2010 | EN | Official Journal of the European Union | C 70/27 |
| --- | --- | --- | --- |

19.3.2010

EN

Official Journal of the European Union

C 70/27

---

Euro exchange rates (1)

1

18 March 2010

2010/C 70/05

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3660 |
| JPY | Japanese yen | 123,33 |
| DKK | Danish krone | 7,4407 |
| GBP | Pound sterling | 0,89400 |
| SEK | Swedish krona | 9,7243 |
| CHF | Swiss franc | 1,4474 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,9990 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,284 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 261,92 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7081 |
| PLN | Polish zloty | 3,8730 |
| RON | Romanian leu | 4,0776 |
| TRY | Turkish lira | 2,0815 |
| AUD | Australian dollar | 1,4821 |
| CAD | Canadian dollar | 1,3801 |
| HKD | Hong Kong dollar | 10,6010 |
| NZD | New Zealand dollar | 1,9066 |
| SGD | Singapore dollar | 1,9040 |
| KRW | South Korean won | 1 548,87 |
| ZAR | South African rand | 9,9820 |
| CNY | Chinese yuan renminbi | 9,3245 |
| HRK | Croatian kuna | 7,2580 |
| IDR | Indonesian rupiah | 12 483,42 |
| MYR | Malaysian ringgit | 4,5141 |
| PHP | Philippine peso | 62,416 |
| RUB | Russian rouble | 39,9500 |
| THB | Thai baht | 44,108 |
| BRL | Brazilian real | 2,4278 |
| MXN | Mexican peso | 17,0286 |
| INR | Indian rupee | 62,0920 |

Currency

Exchange rate

USD

US dollar

1,3660

JPY

Japanese yen

123,33

DKK

Danish krone

7,4407

GBP

Pound sterling

0,89400

SEK

Swedish krona

9,7243

CHF

Swiss franc

1,4474

ISK

Iceland króna

NOK

Norwegian krone

7,9990

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,284

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

261,92

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7081

PLN

Polish zloty

3,8730

RON

Romanian leu

4,0776

TRY

Turkish lira

2,0815

AUD

Australian dollar

1,4821

CAD

Canadian dollar

1,3801

HKD

Hong Kong dollar

10,6010

NZD

New Zealand dollar

1,9066

SGD

Singapore dollar

1,9040

KRW

South Korean won

1 548,87

ZAR

South African rand

9,9820

CNY

Chinese yuan renminbi

9,3245

HRK

Croatian kuna

7,2580

IDR

Indonesian rupiah

12 483,42

MYR

Malaysian ringgit

4,5141

PHP

Philippine peso

62,416

RUB

Russian rouble

39,9500

THB

Thai baht

44,108

BRL

Brazilian real

2,4278

MXN

Mexican peso

17,0286

INR

Indian rupee

62,0920

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

PETER JOHN BARNES and

MICHELLE DENISE HEIDENRICH BARNES,

Plaintiffs, 

v. Case No. 1:10cv163-SPM/GRJ

INTERNAL REVENUE SERVICE,

Defendant.

_____________________________________/

ORDER

This cause comes before the Court for consideration of the Magistrate

Judge’s Report and Recommendation (doc. 19) which recommends that

Plaintiffs’ Motion for Judgment as a Matter of Law (doc. 15) be denied and

Defendant’s Motion to Dismiss (doc. 10) be granted. Plaintiff has been afforded

an opportunity to file objections pursuant to Title 28, United States Code, Section

636(b)(1). No objections were filed. Upon consideration, I have determined that

the Report and Recommendation should be adopted. 

Accordingly, it is hereby ORDERED as follows:

1. The Magistrate Judge’s Report and Recommendation (doc. 19) is

adopted and incorporated by reference into this order;

2. Plaintiffs’ Motion for Judgment as a Matter of Law (doc. 15) is

Case 1:10-cv-00163-SPM-GRJ Document 20 Filed 09/30/11 Page 1 of 2
denied; and

3. Defendant’s Motion to Dismiss (doc. 10) is granted.

4. The Clerk is directed to enter judgment in favor of Defendant and

close this case.

DONE AND ORDERED this 30th day of September, 2011.

S/ Stephan P. Mickle 

Stephan P. Mickle

Senior United States District Judge

2

Case 1:10-cv-00163-SPM-GRJ Document 20 Filed 09/30/11 Page 2 of 2
Exhibit 11.1

          Computation of Historical Net Income (loss) Per Common Share

<TABLE>
<CAPTION>
                                                                        Year Ended April 30,
                                                            1996              1997             1998
                                                            ----              ----             ----
<S><C>
          Net income (loss)                              $    656,870      $ (7,854,273)   $(27,025,925)
          Dividends accreted on preferred stock               (88,000)         (176,000)              --
                                                         -------------     -------------   -------------
          Net income (loss) available (attributable)
            to common shareholders                            568,870        (8,030,273)     (27,025,925)
                                                         ============      =============   ==============
          Weighted average number of shares
          outstanding - basic                            $  4,000,000      $  5,241,621    $   7,461,101
                                                         ============      ============    =============
          Weighted average number of shares
          outstanding - diluted                          $  4,000,000      $  5,241,621    $   7,461,101
                                                         ============      ============    =============
          Net income (loss) per common share - basic     $       0.14      $     (1.53)    $      (3.62)
                                                         ============      ============    =============
          Net income (loss) per comon share - diluted    $       0.14      $     (1.53)    $      (3.62)
                                                         ============      ============    =============
</TABLE>

                                      F-23