alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.9


 





AMENDMENT NO.1 TO


AMENDED AND RESTATED EMPLOYMENT
AGREEMENT


 


THIS AMENDMENT NO.1, dated November __,
2015 (this “Amendment”), amends the Amended and Restated Employment Agreement (the “Employment Agreement”)
entered into as of April 22, 2008 by and among Turning Point Brands, Inc. (f/k/a North Atlantic Holding Company, Inc.), a Delaware
corporation (“TPB”), North Atlantic Trading Company, Inc., a Delaware corporation (“NATC”),
and Thomas F. Helms, Jr. (the “Executive”).


 


W I T N E S S E T H


 


WHEREAS, TPB intends to effect an initial
public offering (the “IPO”) of its common stock, pursuant to a registration statement on Form S-1 filed with
the U.S. Securities and Exchange Commission; and


 


WHEREAS, in furtherance of the IPO, TPB, NATC
and the Executive wish to amend the Employment Agreement to provide for certain payments to the Executive and to provide for the
termination of the Employment Agreement immediately prior to the closing of the IPO (the “Closing”) but contingent
upon the Closing.


 


NOW, THEREFORE, in consideration of the foregoing
premises and the mutual covenants and agreements hereinafter contained, the Employment Agreement is hereby amended as follows:


 


		1.	Payment. Following the Closing, TPB shall pay (or cause a subsidiary of TPB to pay) to the Executive the aggregate amount
of $596,625 as follows: (i) $298,312.50 within three business days after the Closing and (ii) $298,312.50 on the three month anniversary
of the Closing, in each case, less such deductions or amounts to be withheld as shall be required by applicable law.



 


		2.	Termination. Immediately prior to the Closing, but contingent on the Closing, the Employment Agreement and the Executive’s
employment with TPB and its subsidiaries shall terminate and none of TPB, NATC or the Executive shall have any further rights,
obligations or duties under the Employment Agreement (other than any rights the Executive has thereunder to indemnification by
TPB and/or NATC, which shall survive termination of the Employment Agreement).



 


		3.	Amendment. This Amendment shall not be altered, modified or changed except by an amendment approved in writing by each
of TPB, NATC and the Executive. 



 


		4.	Counterparts This Amendment may be executed in several counterparts, all of which together shall constitute one agreement
binding on all parties hereto, notwithstanding that all the parties have not signed the same counterpart.



 


		5.	Effect of Amendment. Except as amended by this Amendment, the Employment Agreement remains in full force and effect
in accordance with its terms.



 


[Remainder of page intentionally left blank]


 



    	 



    	 



    

 





IN WITNESS WHEREOF, the parties have executed
and delivered this Amendment No. 1 as of the date first written above.


 





	 	TURNING POINT BRANDS, INC.	 
	 	 	 	 
	 	By:	 	 
	 	 	Name:	 
	 	 	Title:	 
	 	 	 	 
	 	NORTH ATLANTIC TRADING COMPANY, INC.	 
	 	 	 	 
	 	By:	 	 
	 	 	Name:	 
	 	 	Title:	 
	 	 	 	 
	 	By:	 	 
	 	 	Name:Thomas F. Helms, Jr.	 
	 	 	 	 




 





[Signature Page to Amendment No.1 to


Amended and Restated Employment Agreement]
Enc. 

ADVISORY BOARD ON RADIATION AND WORKER HEALTH

4676 Columbia Parkway, MS: C-46 

Cincinnati, Ohio 45226

(513) 533-6825

CHAIRMAN:

Paul L. Ziemer, Ph.D. 

 Lafayette, Indiana 

MEMBERS:

Josie Beach 

 Richland, Washington 

Bradley P. Clawson 

 Rexburg, Idaho 

Michael H. Gibson 

 Franklin, Ohio 

Mark A. Griffon 

 Salem, New Hampshire 

James E. Lockey, M.D. 

 Cincinnati, Ohio 

James M. Melius, M.D., Ph.D. 

 Albany, New York 

Wanda I. Munn 

 Richland, Washington 

John W. Poston, Sr., Ph.D. 

 College Station, Texas 

Robert W. Presley 

 Seymour, Tennessee 

Genevieve S. Roessler, Ph.D. 

 Elysian, Minnesota 

Phillip Schofield 

 Bosque Farm, New Mexico 

STAFF:

EXECUTIVE SECRETARY:

Theodore M. Katz, MPA 

 Atlanta, Georgia 

COMMITTEE MANAGEMENT :

Zaida Burgos 

 Atlanta, Georgia 

August 30, 2009 

The Honorable Kirsten Gillibrand 

United States Senate 

531 Dirksen Senate Office Building 

Washington, DC 20510 

Dear Senator Gillibrand: 

This will acknowledge receipt of your letter of June 4, 2009 concerning the Special 

Exposure Cohort petition from the Bethlehem Steel Claimants Action Group. Copies of 

the letter have been distributed to all of the members of the Advisory Board on 

Radiation and Worker Health, and the letter was also read into the public record during 

the Board’s recent meeting on July 27, 2009 in Cincinnati, Ohio. 

You specifically requested that the Board consider having one of its upcoming meetings 

in Buffalo, New York so that members of the Claimants Action group would have an 

opportunity to interact with the Board and convey their concerns about the Energy 

Employees Occupational Illness Compensation Program Act (EEOICPA). We 

appreciate the invitation to return to Buffalo for a meeting, and we will seriously 

consider it as a meeting site for one of our meetings in the year ahead. 

We are aware of the fact that many claimants have experienced frustration with regard 

to both the time that has been required to evaluate claims and petitions as well as the 

processes involved in evaluating and completing actions on claims. As you know, 

NIOSH and the Board have reviewed a number of issues relating to the Bethlehem Steel 

claims over the past few years. Also, during this time, a large number of the Bethlehem 

Steel claims have been processed. As of July 29, 2009, some 824 cases were sent to 

NIOSH by the Department of Labor for dose reconstruction and 795 of these cases have 

had dose reconstructions completed. We note that 382 (48 %) of the Bethlehem Steel 

claimants who have undergone dose reconstruction have been compensated through the 

EEOICPA program. 

The Board also approved sending copies of this letter to your colleagues who cosigned 

the letter of June 4. 

Thank you for your continued interest in the EEOICPA program and the activities of 

this Board. 

 Sincerely, 

 [Signature on file.] 

 Paul L. Ziemer, Ph.D. 

 Chairman, ABRWH
AGENDA

Advisory Board on Radiation and Worker Health – Meeting 97 

Teleconference Meeting

March 19, 2014 

Teleconference Phone: 866-659-0537 

Participant Code: 9933701 

11:00 a.m. (Eastern Time) Start

• Roll-call – Mr. Katz, DFO

• Welcome – Dr. Melius, Chair

• Recording Absentee Vote (Joslyn Manuf. & Supply Co. SEC petition) – Mr. Katz, 

DFO

• Tasking Procedure Reviews – Ms. Munn, Chair, Procedures Review Subcommittee

• Special Exposure Cohort (SEC) Petition Status Update – Mr. Rutherford, DCAS

• Updates from Work Groups and Subcommittees (as necessary) – WG/SC Chairs

• Plans for the April and July 2014 Board Meetings – All Members
**EXHIBIT 32.1**

 

**CHIEF EXECUTIVE OFFICER CERTIFICATION OF PERIODIC REPORT UNDER**

**SECTION 906 OF THE SARBANES-OXLEY ACT**

 

I, Gary W. Rada, President and Chief Executive Officer of Factory Card & Party Outlet Corp. (the “Company”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350,that: 

 

(1) the Annual Report on Form 10-K of the Company forthe year ended January 29, 2005 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and 

 

(2) the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company. 

 

Dated: April 22, 2005
O rder filed August 20 , 20 20



### In The 

# Eleventh Court of Appeals

__________ No. 11

- 20

- 00 071

- CV

__________ LANCE WALTER KING, Appellant

V.
BRIA ALEXIS KING , Appellee

On Appeal from the 3 1 8 th District Court Midland County, Texas T rial Court Cause No. FM 66022

O R D E R Lance Walter King filed a notice of appeal on February 28 , 20 20

. He represents himself pro se in this appeal. On July 9, 2020, we dismissed the appeal
for want of prosecution. Appellant has since filed in this court a motion for rehearing in which he has explained his plight, apologized for his oversight, and requested that we reinstate the appeal. Appellee filed a response to Appellant’s motion for rehearing; she opposes his motion. However, after due consideration of Appellant’s motion and Appellee’s response, particularly Appellant’s assurances that this appeal2 “means everything” to him and that he will tend to these matters if this court grants
his motion for rehearing, we believe that Appellant’s motion should be granted. Accordingly, we grant Appellant’s motion for rehearing, withdraw our opinion and judgment dated July 9, 2020, and reinstate the appeal

. The clerk’s record and the reporter’s record were or iginally due for filing in this court on March 31, 2020. Appellant has not been determined to be indigent by the trial court. Therefore, it is Appellant’s responsibility (1) to request the preparation of and either pay for or make arrangements to pay for the reporter’s
record and (2) to pay for or make arrangements to pay for the clerk’s record

. See
T EX

. R. A PP

. P. 35.3 (a)(2), (b). We note that we are granting the motion in order to allow Appellant to have only one more opportunity to prosecute this appeal in a timely manner

. We expect Appellant to comply with his responsibilities under Rule 35.3 of the Texas Rules of Appellate Proc edure. I f Appellant fails to do so on or before September 21 , 2020 ,

we will dismiss th is appeal for want of prosecution. See T EX

. R. A PP

. P. 37.3(b),
42.3 (b)

. Appellant’s motion for rehearing is granted, and the opinion and judgment entered in this cause on July 9, 2020, are withdrawn.

PER CURIAM August 20 , 2020 Panel consists of: Bailey, C. J., Stretcher , J., and Wright, S.C.J. 1
Willson, J., not participating.

1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

JOHNATHAN J. MAXWELL,

Plaintiff,

vs. CASE NO. 5:10cv285/RS-EMT

WALTER A. McNEIL, Secretary of

Florida Department of Corrections,

et al,

Respondent.

_____________________________________/

ORDER

Before me is the Magistrate Judge’s Report and Recommendation (Doc. 16). 

Plaintiff has not filed objections.

IT IS ORDERED:

1. The Magistrate Judge’s Report and Recommendation is approved and

incorporated in this Order.

2. This case is dismissed without prejudice because of Plaintiff’s failure to

comply with an Order of the court.

3. The clerk is directed to close the file.

ORDERED on April 11, 2011.

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE
Schedule of Omitted Documents



 Exhibit 10.3 

Schedule of Omitted Documents 

of CNL Healthcare Properties, Inc. 

The following purchase and sale agreements have not been filed as an exhibit pursuant to Instruction 2 of Item 601 of Regulation S-K; these
documents are substantially identical in all material respects to Exhibit 10.1 to this Form 8-K: 
  

	 	1.	Purchase and Sale Agreement dated as of September 18, 2014 by and among 1718 East Fourth Street, L.P., CHP Partners, LP and First Title Insurance Company. 


 

	 	2.	Purchase and Sale Agreement dated as of September 18, 2014 by and among 1900 Randolph Road, L.P., CHP Partners, LP and First Title Insurance Company. 


 

	 	3.	Purchase and Sale Agreement dated as of September 18, 2014 by and among 1918 Randolph Road, L.P., CHP Partners, LP and First Title Insurance Company. 


 

	 	4.	Purchase and Sale Agreement dated as of September 18, 2014 by and among 1450 Matthews Township Parkway L.P., CHP Partners, LP and First Title Insurance Company. 


 

	 	5.	Purchase and Sale Agreement dated as of September 18, 2014 by and among 10030 Gilead Road, L.P., CHP Partners, LP and First Title Insurance Company. 


 

	 	6.	Purchase and Sale Agreement dated as of September 18, 2014 by and among Spivey Station Physicians Center I, L.P., CHP Partners, LP and First Title Insurance Company. 


 

	 	7.	Purchase and Sale Agreement dated as of September 18, 2014 by and among Spivey Station ASC Building, L.P. and CHP Partners, LP and First Title Insurance Company.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary finanical information extracted from Pro-Fac
     Cooperative, Inc. Form 10-Q for the quarter ended September 27, 1997 and is
     qualified in its entirety by reference to such financial statement.
</LEGEND>
<CIK>                         0000202932
<NAME>                        Pro-Fac Cooperative, Inc.
<MULTIPLIER>                                   1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-Mos
<FISCAL-YEAR-END>               Jun-29-1998
<PERIOD-START>                  Jun-29-1997
<PERIOD-END>                    Sep-27-1997
<CASH>                                          3,997
<SECURITIES>                                        0
<RECEIVABLES>                                  68,898
<ALLOWANCES>                                        0
<INVENTORY>                                   168,452
<CURRENT-ASSETS>                              262,754
<PP&E>                                        264,149
<DEPRECIATION>                                 54,993
<TOTAL-ASSETS>                                609,162
<CURRENT-LIABILITIES>                         181,521
<BONDS>                                       160,000
<PREFERRED-MANDATORY>                             314
<PREFERRED>                                    81,738
<COMMON>                                        8,748
<OTHER-SE>                                     42,943
<TOTAL-LIABILITY-AND-EQUITY>                  609,162
<SALES>                                       176,397
<TOTAL-REVENUES>                              176,397
<CGS>                                         130,748
<TOTAL-COSTS>                                 130,748
<OTHER-EXPENSES>                               32,758
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                              7,770
<INCOME-PRETAX>                                 5,121
<INCOME-TAX>                                    1,822
<INCOME-CONTINUING>                             3,299
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                    3,299
<EPS-PRIMARY>                                       0
<EPS-DILUTED>                                       0
        


</TABLE>
IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PANAMA CITY DIVISION 

HANCOCK BANK, a Mississippi 

banking corporation, 

Plaintiff/ Counter-defendant 

vs. CASE NO. 5:11-cv-94/RS-CJK

BOYD BROTHERS, INC., a Florida 

corporation, et al., 

Defendants/ Counterclaimants 

_________________________________________/ 

ORDER

Before me is Plaintiff’s Response to Show Cause Order (Doc. 35). 

 From the pleadings, it appears that common questions of law or fact are involved 

in these five suits filed in this Court: 

Hancock Bank v. Boyd Brothers et al., 5:11-cv-94-RS-CJK 

Hancock Bank v. Boyd Brothers et al., 5:11-cv-95-RS-GRJ 

Hancock Bank v. Boyd Brothers et al., 5:11-cv-96-RS-CJK 

Hancock Bank v. Boyd Brothers et al., 5:11-cv-97-RS-EMT 

Hancock Bank v. Boyd Brothers et al., 5:11-cv-98-RS-CJK 

Pursuant to Fed. R. Civ. P. 42 (a) (2), the five cases shall be consolidated. 

Case 5:11-cv-00095-RS-GRJ Document 32 Filed 06/14/11 Page 1 of 2
IT IS ORDERED: 

1. The Clerk shall consolidate the cases. 

2. The Clerk shall file a copy of this Order in each of these cases. 

3. All future pleadings should be filed only in case 5:11-cv-94-RS-CJK. 

ORDERED on June 14, 2011. 

/S/ Richard Smoak

RICHARD SMOAK 

UNITED STATES DISTRICT JUDGE 

Case 5:11-cv-00095-RS-GRJ Document 32 Filed 06/14/11 Page 2 of 2
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5689 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 5689

To direct the Secretary of Defense to provide for the inclusion of the 
 names of the crew members of the USS Frank E. Evans killed on June 3, 
                 1969 on the Vietnam Veterans Memorial.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2018

  Mr. Cramer introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To direct the Secretary of Defense to provide for the inclusion of the 
 names of the crew members of the USS Frank E. Evans killed on June 3, 
                 1969 on the Vietnam Veterans Memorial.

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

SECTION 1. INCLUSION OF CERTAIN NAMES ON THE VIETNAM VETERANS MEMORIAL.

    (a) In General.--The Secretary of Defense shall provide for the 
inclusion on the Vietnam Veterans Memorial in the District of Columbia 
the names of the seventy-four crew members of the USS Frank E. Evans 
killed on June 3, 1969.
                                 <all>
```
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 AMP Holding Inc. (the "Company") on Form 10-Q for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, James E. Taylor, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 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 and 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 19, 2011
/s/James E. TaylorJames E. Taylor,Chief Executive Officer

(Principal Executive Officer)
National Institute for Occupational Safety and Health

NIOSH Program Update

Stuart Hinnefeld, CHP

Director

Division of Compensation Analysis and Support 

Meeting of the Advisory Board on Radiation and Worker Health

December 2018 | Redondo Beach, CA
Updates

— 2-day DR and SEC workshop with ATL in 

September in Cincinnati

— DOL authorized representative workshop in 

October in Cincinnati

— DOL stakeholders’ meeting in October in 

 Washington, DC
Updates cont’d

— DDREF and national discussions on radiation 

risks

— Media reports

— DCAS retirements
Cases

— 49,941 cases to NIOSH from Department of 

Labor (DOL)

– 1,150 at NIOSH for dose reconstruction (DR)

– 876 administratively closed

— 47,915 returned to DOL

Note: All data as of December 6, 2018
Cases cont.

—42,862 submitted with DR to DOL

— 1,568 pulled from DR by DOL

— 3,485 pulled for SEC
Cases cont.

— 1,150 active cases at NIOSH for DR

– 371 in DR process

– 180 initial draft DR reports with

claimants

– 599 cases in DR development
PC Summary

—42,862 DRs sent back for final 

adjudication

— 11,846 PC ≥ 50%

— 31,016 PC < 50%
DOE records Requests

—210 outstanding

— 2 more than 60 days
Summary of first 20,000 DRs 

—19,571 claims at DOL

– 768 pulled for DOL issues

– 2,064 pulled for SEC

—16,739 submitted with DR
Summary of first 20,000 DRs cont.

—396 claims at NIOSH

— 357 administratively closed 

– 12 with claimants (0 initial, 12 DOL returns)

– 27 DRs in process (2 initial, 25 DOL

returns)

— 33 claim numbers deleted
Questions
**Exhibit
        32.1**
 
 **Certification**
 **of**
 **Chief
        Executive Officer and Chief Financial Officer**
 
 Pursuant
        to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
        Sarbanes-Oxley Act of 2002, each of the undersigned officers of Webdigs,
        Inc. do
        hereby certify that, to the best of his knowledge:
 
 (a)
        the
        Quarterly Report on Form 10-Q of Webdigs, Inc. for the quarter ended July
        31,
        2008 (the “Report”) fully complies with the requirements of Section 13(a) or
        15(d) of the Securities Exchange Act of 1934; and
 
 (b)
        information contained in the Report fairly presents, in all material respects,
        the financial condition and results of operations of Webdigs, Inc.
 
 
 October
                  8, 2008
              /s/
                  Robert A. Buntz, Jr.Robert
                  A. Buntz, Jr.
                *Chief
                  Executive Officer*
  
 October
                  8, 2008
              /s/
                  Edward WickerEdward
                  Wicker
                *Chief
                  Financial Officer*
[Federal Register Volume 73, Number 12 (Thursday, January 17, 2008)]
[Notices]
[Pages 3262-3263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-150]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AA-11157; AK-964-1410-KC-P]


Alaska Native Claims Selection

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of decision approving lands for conveyance.

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

SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that 
an appealable decision approving the surface estate in certain lands 
for conveyance pursuant to the Alaska Native Claims Settlement Act will 
be issued to Tanalian, Incorporated. The lands are in the vicinity of 
Port Alsworth, Alaska, and located in:

    U.S. Survey No. 12170, Alaska.
    Containing 159.96 acres.

Seward Meridian, Alaska

T. 1 N., R. 29 W.,
    Sec. 19.

    Containing approximately 39 acres.
    Aggregating approximately 199 acres.

    Notice of the decision will also be published four times in the 
Anchorage Daily News.

DATES: The time limits for filing an appeal are:
    1. Any party claiming a property interest which is adversely 
affected by

[[Page 3263]]

the decision shall have until February 19, 2008 to file an appeal.
    2. Parties receiving service of the decision by certified mail 
shall have 30 days from the date of receipt to file an appeal.
    Parties who do not file an appeal in accordance with the 
requirements of 43 CFR part 4, subpart E, shall be deemed to have 
waived their rights.

ADDRESSES: A copy of the decision may be obtained from: Bureau of Land 
Management, Alaska State Office, 222 West Seventh Avenue, <greek-i>13, 
Anchorage, Alaska 99513-7504.

FOR FURTHER INFORMATION CONTACT: The Bureau of Land Management by phone 
at 907-271-5960, or by e-mail at <a href="/cdn-cgi/l/email-protection#ddbcb6f3bfb1b0f3beb2b3abb8a4bcb3beb89dbcb6f3bfb1b0f3bab2ab"><span class="__cf_email__" data-cfemail="f6979dd8949a9bd895999880938f97989593b6979dd8949a9bd8919980">[email protected]</span></a>. Persons 
who use a telecommunication device (TTD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8330, 24 hours a day, 
seven days a week, to contact the Bureau of Land Management.

John Leaf,
Land Law Examiner, Branch of Land Transfer Adjudication I.
[FR Doc. 08-150 Filed 1-16-08; 8:45 am]
BILLING CODE 4310-$$-M


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