alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w1






Exhibit 10.1




August 5, 2009




Dear Mr. Lukianov,




     This amendment no. 2 (this “Amendment No. 2”) to the letter agreement between NuVasive and you
dated August 5, 2008, as amended by the amendment no. 1 dated December 10, 2008 (collectively, the
“Original Agreement”, together with this Amendment No. 2, the “Agreement”) confirms the material
compensation terms of your continued employment with NuVasive. Except as otherwise defined
herein, defined terms used herein have the meanings set forth in the Original Agreement. The terms
of the Original Agreement are modified to add the following provision:



     “If your service as the CEO and/or as a member of NuVasive’s board of directors (the “Board”)
ceases by reason of death or permanent disability, then each unvested share of equity compensation
awards shall immediately vest and become exercisable, if applicable, for all shares at the time
subject to such awards. In the case of equity compensation awards requiring exercise or purchase to
own the underlying share, each such award may be exercised or purchased for any or all of the
underlying shares as fully-vested shares until the earlier of (x) the expiration of the exercise or
purchase term set forth in the applicable award agreement or (y) the expiration of the three
(3)-year period measured from the date of such cessation of CEO and/or Board service.



     “Additionally, if your service as the CEO and/or as a member of the Board ceases by reason of
death or permanent disability, then your Severance Benefit shall be immediately due and payable.”



     No other amendments to the Original Agreement are contemplated by this Amendment No. 2 and all
remaining terms set forth in the Original Agreement shall remain in full force and effect. We look
forward to your continued success with NuVasive.



	 	 	 	 	 
	 	Truly Yours,





NUVASIVE, INC.

 	 
	 	/s/ Eileen M. More
 	 
	 	Eileen M. More 	 
	 	 	 
	 


I have read and accept the terms of this letter.




	 	 	 	 	 
	 	 	 
	 	/s/ Alexis V. Lukianov
 	 
	 	Alexis V. Lukianov
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



I, Andre Boisvert, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Sagent Technology, Inc. on Form 10-Q for the quarterly period ended September
30, 2003 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such report fairly presents in all material respects the financial condition and results of operations
of Sagent Technology, Inc. and its subsidiaries.



|November 14, 2003 |  | By: |  | /s/ ANDRE BOISVERT                                  
|----------------- |  | --- |  | ----------------------------------------------------
|                  |  |     |  | Andre Boisvert President and Chief Executive Officer
Case: 19-30088 Doc# 4931 Filed: 12/02/19 Entered: 12/02/19 13:09:06 Page 1 of

2
Case: 19-30088 Doc# 4931 Filed: 12/02/19 Entered: 12/02/19 13:09:06 Page 2 of

2
#### In the Matter of the Application of Joseph Bernick, Petitioner, to Vacate an Order of This Court Striking His Name from the Registry of the Fourth Election District of the Third Ward in the City of Albany, N. Y.

Supreme Court, Trial Term, Albany County,

October 30, 1936.

*Scott K. Gray, Jr.,*and *Harry A. Allan,*for the petitioner.

*Kenneth S. McAffer*and *Borden H. Mills,*for the respondents.

Foster, J.

Petitioner seeks to have vacated an order striking his name from the register of voters of the fourth election district of the third ward in the city of Albany on the ground that he did not receive due notice of the application to strike his name therefrom.

The facts adduced indicate that petitioner did not receive notice in time to act in his own behalf, although it clearly appears that such notice was served in conformity with the requirements of the original order. While there is controversy as to his legal residence, he would have been given the benefit of any doubt in connection therewith had he been heard on the original motion. It is one of those cases where conflicting inferences might be drawn, and hence I think the court would ordinarily have denied the application and permitted petitioner to swear in his vote if he were challenged.

Substantial justice requires, therefore, that the order be vacated unless there is a constitutional prohibition against such procedure. Article II, section 4, of the State Constitution provides that *“*registration shall be completed at least ten days before each election,” but this requirement does not, in my opinion, prevent a correction *344of the register where a name already on has been erroneously stricken off. It cannot be the purpose of the law to disenfranchise any legal voter through an error for which he is not responsible.

The registration, in so far as the inspectors of the district and this petitioner are concerned, was completed ten days before election; and the mere correction of an error now does not change the substantial fact of completion. Petitioner personally appeared for registration and was so registered. Both he and the inspectors complied with their respective duties within the time assigned by law. The change which thereafter occurred was through no fault of theirs and the constitutional bar does not in my opinion apply to such a case.

Application granted.
#### Joan Orlando, Respondent, v Anthony Orlando, Appellant.

Submitted February 13, 1996;

decided April 4, 1996

Motion, insofar as it seeks leave to appeal from the portion of the Appellate Division order that affirmed Supreme Court’s order holding defendant in contempt, dismissed upon the ground that that portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied, with $100 costs and necessary reproduction disbursements.
COURT OF APPEALS OF VIRGINIA

Present: Judges Frank, Huff and Senior Judge Haley

FOOD LION, LLC AND DELHAIZE AMERICA, INC. MEMORANDUM OPINION * v. Record No. 0323-14-2 PER CURIAM JUNE 24, 2014 TIMOTHY GORDE

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Brian A. Richardson; Lindsey A. Strachan; McCandlish Holton, PC, on briefs), for appellants. (Timothy Gorde, pro se , on brief).

Food Lion, LLC and Delhaize America, Inc. appeal a decision of the Workers’ Compensation Commission finding th at Timothy Gorde sustained a compensable injury arising out of his employment and was entitled to lif etime medical benefits and temporary total disability benefits. We have reviewed the record and the commi ssion’s opinion and find that this appeal is without merit. Accord ingly, we affirm for the reason s stated by the commission in its final opinion. See Gorde v. Food Lion, LLC , VWC File No. VA00000251540 (Jan. 24, 2014). We dispense with oral argument and summarily affirm because the facts and legal contentions are adequately presented in the materials be fore the Court and argum ent would not aid the decisional process. See Code § 17.1-403; Rule 5A:27.

Affirmed.

* Pursuant to Code § 17.1-413, this opin ion is not designated for publication.UNPUBLISHED
Lease Termination Agreement


EXHIBIT 10.2.1

Lease Termination Agreement

This Lease Termination Agreement is entered into this First day of July, 2009 by and between Paramount Finance Corporation hereinafter referred to as "Lessor" and Divine Skin, Inc. and DS Laboratories and Daniel Khesin and Leonid Smirnov hereinafter collectively referred to as "Lessee".

On March 6th 2009, a Lease Agreement was executed by and between the Lessor and Lessee for the premises located at 1135 Kane Concourse, 4th and 6th Floors, Bay Harbor Islands FL 33154.

Lessee has determined that it will not be able to meet its obligations as stated in the above referenced Lease Agreement and have asked that the Lease Agreement be terminated.

Lessee and Lessor have agreed to terminate the above referenced Lease Agreement subject to the following conditions:

1)

Lessee must vacate and deliver possession of the leased premises back to the Lessor on or before July 1, 2009.

2)

Lessee will forfeit any and all of its unused Security Deposit currently on deposit with the Lessor as agreed upon liquidated damages due Lessor as a result of Lessee's non performance.

3)

Lessee will pay in certified funds the amount of $16,000 to Lessor on or before July 1, 2009 for past due rent, and as an agreed upon settlement for damages caused to the property.

Subject to all of the above conditions listed above, Lessee and Lessor hereby release each other of and from any and all liabilities, future and or past obligations, and any claims either party had or has against the other from the beginning of the world though the date of execution of this agreement.

Wherefore the parties to this agreement have executed this instrument on this first day of July 2009.

			
	  /s/ xxx

	 
	  /s/ Leo Smirnov


	Paramount Finance Corporation

	 
	Leo Smirnov


	 
	 
	 

	  /s/ xxx

	 
	  /s/ Daniel Khesin


	Divine Skin Inc.

	 
	Daniel Khesin


	 
	 
	 

	  /s/ xxx

	 
	 

	DS Laboratories
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.                  

###### Small Business Administration

          - [License No. 03/03-0247]

Notice is hereby given that Solutions Capital I, L.P., 1100 Wilson Blvd., Suite 3000, Arlington, VA 22209, a Federal Licensee under the Small Business Investment Act of 1958, as amended (“the Act”), in connection with the financing of a small concern, has sought an exemption under Section 312 of the Act and Section 107.730, Financings which Constitute Conflicts of Interest, of the Small Business Administration (“SBA”) Rules and Regulations (13 CFR 107.730). Solutions Capital I, L.P. proposes to provide equity/debt security financing to GSDM Holdings, LLC, 66 Route 17 North, 2nd Floor, Paramus, NJ 07652. The financing is contemplated for working capital and general corporate purposes.

                    The financing is brought within the purview of § 107.730(a)(1) of the Regulations because MCG Capital Corporation, an Associate of Solutions Capital I, L.P., owns more than ten                           ( print page 32231)                        percent of GSDM Holdings, LLC; therefore, GSDM Holdings, LLC is considered an Associate of Solutions Capital I, L.P., as defined in Sec. 105.50 of the regulations.                

Notice is hereby given that any interested person may submit written comments on the transaction to the Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street, SW., Washington, DC 20416.

Dated: April 22, 2010.

Sean J. Greene,

Associate Administrator for Investment.

[FR Doc. 2010-13548 Filed 6-4-10; 8:45 am]

BILLING CODE P
Presidential Documents

Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Presidential Documents 32087 

Memorandum of May 19, 2010 

Designating the Chairperson of the Defense Production Act 

Committee 

Memorandum for the Secretary of Defense [and] the Secretary of Homeland Security 

Pursuant to the authority vested in me by section 722(b)(2) of the Defense 

Production Act of 1950, as amended (section 11 of Public Law 111–67; 

50 App. U.S.C. 2171)(the ‘‘Act’’), I hereby designate the Secretary of Homeland 

Security and the Secretary of Defense as rotating Chairpersons of the Defense 

Production Act Committee (the ‘‘Committee’’). The Chair shall rotate annually 

on April 1 of each year, with the Secretary of Homeland Security hereby 

designated to serve as Chairperson of the Committee for the remainder 

of this first term. The Secretary of Homeland Security and the Secretary 

of Defense are directed to formalize responsibilities for funding and administratively supporting the Committee through interagency agreement. 

Furthermore, the Chairperson shall invite to each meeting of the Committee 

all Members of the Committee as defined in section 722(b) of the Act, 

and shall ensure that the reporting requirements of section 722(d) of the 

Act are fulfilled. 

The Secretary of Homeland Security is hereby authorized and directed to 

publish this memorandum in the Federal Register. 

THE WHITE HOUSE, 

Washington, May 19, 2010 

[FR Doc. 2010–13659 

Filed 6–4–10; 8:45 am] 

Billing code 4410–10–P 


mstockstill on DSKH9S0YB1PROD with PRESDOCO0OB#1.EPS</GPH>
EXHIBIT 99.1

       CERTIFICATION OF CHIEF EXECUTIVE OFFICER OF SUMMIT BANCSHARES, INC.

      This certification is provided pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and accompanies the quarterly report on Form 10-Q
(the "Form 10-Q") for the quarter ended June 30, 2003 of Summit Bancshares, Inc.
(the "Issuer").

I, Philip E. Norwood, the Chairman, President, and Chief Executive Officer of
the Issuer certify that:

      (i)   the Form 10-Q fully complies with the requirements of section 13(a)
            or section 15(d) of the Securities Exchange Act of 1934 (U.S.C.
            78m(a) or 78o(d)); and

      (ii)  the information contained in the Form 10-Q fairly presents, in all
            material respects, the financial condition and results of operations
            of the Issuer.

Dated: August 1, 2003
                                         /s/ Philip E. Norwood
                                         ---------------------------------------
                                  Name:  Philip E. Norwood
                                  Title: Chairman, President and CEO

Subscribed and sworn to before me on this 1st day of August 2003.


                                         /s/ Karen S. Appel
                                         ---------------------------------------
                                  Name:  Karen S. Appel
                                  Title: Notary Public

My commission expires: August 5, 2006


                                       37
Decisions handed down March *2,*1893.

#### Charles E. Bullard and Charles O. Howe, Appellants, v. Mary C. Harris and others, Respondents.

Motion for reargument, granted, without costs. No opinion.
#### John H. Smith v. John Satterlee and others.

Motion for reargument granted. Opinion by

Barnard, P. J.
#### The People of the State of New York, Respondent, v. Charles E. Beard, Appellant.

Judg ment and order affirmed.

Opinion by

Corlett, J.;

Bradley, J., not voting.
**Exhibit 31.1**

 

**CERTIFICATIONS**

 

**Certification Pursuant to Rule 13a-14 and Rule 15d-14**

**of the Securities Exchange Act of 1934**

 

I, Eric B. Stang, certify that: 

 

1. I have reviewedthis report on Form 10-Q of Lexar Media, Inc.; 

 

2. Based on myknowledge, 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 respectto the period covered by this report; 

 

3. Based on myknowledge, 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 registrant as of, and for, the periodspresented in this report; 

 

4. The registrant’s othercertifying 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 registrant and we have: 

 

(a) designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, 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 registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and 

 

(c) disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscalquarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the registrant’s auditors and the audit committee of registrant’s board of directors (or persons performing the equivalent function): 

 

(a) all significant deficiencies and material weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect the registrant’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 significantrole in the registrant’s internal control over financial reporting. 

 

Date: August 14, 2003
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                              JAN-1-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                           3,291
<SECURITIES>                                         0
<RECEIVABLES>                                   60,204
<ALLOWANCES>                                     4,717
<INVENTORY>                                     40,420
<CURRENT-ASSETS>                               111,473
<PP&E>                                          58,994
<DEPRECIATION>                                  26,437
<TOTAL-ASSETS>                                 260,602
<CURRENT-LIABILITIES>                           72,369
<BONDS>                                        175,507
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      13,241
<TOTAL-LIABILITY-AND-EQUITY>                   260,602
<SALES>                                         84,994
<TOTAL-REVENUES>                                84,994
<CGS>                                           61,800
<TOTAL-COSTS>                                   61,800
<OTHER-EXPENSES>                                13,113
<LOSS-PROVISION>                                   450
<INTEREST-EXPENSE>                               4,421
<INCOME-PRETAX>                                  2,511
<INCOME-TAX>                                   (1,112)
<INCOME-CONTINUING>                              3,623
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,623
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
Exhibit 32.1
                  CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                                 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 Advanced Battery Technologies,
Inc. on Form 10-QSB for the quarter ended June 30, 2006 as filed with the
Securities and Exchange Commission (the "Report"), I, Zhiguo Fu, Chief
Executive Officer and Chairman of the Board of Advanced Battery
Technologies, Inc., certify, pursuant to 18 U.S.C. Section 1350, as
adopted by 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 Advanced Battery Technologies, Inc. as of and for the
period covered by the Report.

Pursuant to the rules and regulations of the Securities and Exchange
Commission, this certification is being furnished and is not deemed
filed.

Dated:  August 18, 2006                       /s/ Zhiguo Fu
                                              ----------------------
                                              Zhiguo Fu
                                              Chief Executive Officer