alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.72.1**

 

THIRD AMENDMENT OF 

RESTRICTED STOCK AWARD AGREEMENTS 

 

This ThirdAmendment of Restricted Stock Award Agreements is between Path 1 Network Technologies Inc. (“Path 1”) and David Carnevale (“Carnevale”) as of September 23, 2005. It amends the Restricted Stock Award Agreement between theparties dated October 23, 2003, as previously amended, and the Restricted Stock Award Agreement between the parties dated February 27, 2004, as previously amended (together, the “Agreements”). 

 

Carnevale is Path 1’s Vice President. This Amendment is entered into inanticipation of Carnevale’s resignation as Vice President and an employee. 

 

1. A new Section 17 is added to each of the respective Agreements to read in full as follows: 

 

17. Resignation. Notwithstanding anything in Section 3(b) or Section 16 to the contrary, in the event Carnevale resignsas Vice President and an employee effective September 23, 2005, all the shares of Restricted Stock which have not already vested shall vest immediately on September 23, 2005, whether or not such day is within a “closed windowperiod,” and shall thereupon become Vested Stock; and thereupon the provisions of paragraphs (a) and (b) of Section 16 shall entirely cease to be effective. 

 

2. Except as expressly amended by this Amendment, each of the respective Agreements remains unchanged and in full force andeffect. 

 

3. The parties acknowledge that they have the right tohave been represented by legal counsel of their own choosing, and that Heller Ehrman LLP and Hayden Trubitt are representing Path 1 and are not representing Carnevale.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID BALASYAN,

Petitioner,

v.

MERRICK B. GARLAND, Attorney 

General,

Respondent.

No. 22-1840

Agency No.

A071-151-243

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Argued and Submitted September 15, 2023

Pasadena, California

Before: SCHROEDER, FRIEDLAND, and MILLER, Circuit Judges.

Petitioner David Balasyan, a native and citizen of Azerbaijan, seeks review 

of a Board of Immigration Appeals (“BIA”) order reversing the Immigration 

Judge’s decision to grant withholding of removal under the Convention Against 

Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We deny the 

petition.

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

FILED

SEP 26 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 22-1840

The BIA denied Balasyan’s application for protection under the CAT on the 

ground that Balasyan failed to show that he would more likely than not be tortured 

if removed to Azerbaijan. See Plancarte Sauceda v. Garland, 23 F.4th 824, 834 

(9th Cir. 2022) (explaining that applicants for withholding of removal under the 

CAT must show that they are more likely than not to be tortured if removed to the 

proposed country of removal). The evidence does not compel a contrary 

conclusion. See Lalayan v. Garland, 4 F.4th 822, 840 (9th Cir. 2021) (affirming 

denial of CAT protection where the record did not indicate a particularized threat 

of torture); see also I.N.S. v. Elias-Zacarias, 502 U.S. 478, 481 & n.1 (1992) 

(explaining that we must uphold the BIA’s determination unless the evidence 

compels a contrary conclusion). A likelihood of persecution or discrimination 

upon removal is not sufficient to establish entitlement to CAT protection. See 

Medina-Rodriguez v. Barr, 979 F.3d 738, 750-51 (9th Cir. 2020) (affirming the 

denial of CAT protection where the record showed that petitioner would likely face 

discrimination and persecution but not torture).

The temporary stay of removal remains in place until the mandate issues.

The motion for a stay of removal (Docket Entry No. 2) is otherwise denied.

PETITION DENIED.
EXHIBIT 23.2

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements on Forms S-3 (No. 333-106608, No. 333-108924, No. 333-10754, No.
333-110752, No. 333-82496, No. 333-91225, No. 333-91235, No. 333-133291 and No.
333-17105) and Form S-8 (No. 333-109595 and No. 333-82410) of our report dated
March 5, 2004 relating to the Consolidated Financial Statements of SpatiaLight,
Inc., which appears in this Annual Report on Form 10-K/A.

/s/ BDO SEIDMAN, LLP

San Francisco, California
May 13, 2005
##### 



Exhibit 32.2
 CERTIFICATION OF PRINCIPAL ACCOUNTING OFFICER PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    the report on Form 10-Q of the Company for the three months ended March 31, 2007 as
filed with the Securities and Exchange Commission (the Report) fully complies with the
requirements of Section 13(a)-14(b) or 15(d)-14(b) 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 at the dates and for the
periods indicated.
  By:
    /s/ KATHLEEN M. CRUSCOKathleen M. CruscoSenior Vice President and Chief Financial Officer
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's Balance Sheet as of December 31, 1996 and Statements of Operations for
the year ended December 31, 1996 and is qualified in its entirety by reference
to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                         2,301
<SECURITIES>                                   0
<RECEIVABLES>                                  10,214
<ALLOWANCES>                                   473
<INVENTORY>                                    354
<CURRENT-ASSETS>                               13,644
<PP&E>                                         111,226
<DEPRECIATION>                                 17,534
<TOTAL-ASSETS>                                 144,986
<CURRENT-LIABILITIES>                          12,425
<BONDS>                                        65,445
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       89
<OTHER-SE>                                     58,008
<TOTAL-LIABILITY-AND-EQUITY>                   144,986
<SALES>                                        0
<TOTAL-REVENUES>                               56,804
<CGS>                                          51,038
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             5,485
<INCOME-PRETAX>                                460
<INCOME-TAX>                                   245
<INCOME-CONTINUING>                            109
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                476
<CHANGES>                                      0
<NET-INCOME>                                   (261)
<EPS-PRIMARY>                                  (.05)
<EPS-DILUTED>                                  0



</TABLE>
Ex-99.3 b)


                              OFFICER'S CERTIFICATE
                              ---------------------



The following shall certify, to the best of my knowledge, that (1) a review of
the activities of the Master Servicer during the preceding fiscal year and of
performance under this Agreement have been made under the supervision of an
officer of IndyMac Mortgage Holdings, Inc., (2) IndyMac Mortgage Holdings, Inc.
acting as Master Servicer, has fulfilled all of its obligations under this
Agreement for such year, (3) a review of the activities of each Sub-Sericer, if
any, and its performance under its Sub-Servicing Agreement has been made under
such Officer's supervision, and that (4) based on the this review each
Sub-Servicer has performed and fulfilled its duties, responsibilities and
obligations under this Agreement and its Sub-Servicing Agreement.



                                                 By: /s/ Robert M. Abramian
                                                     -------------------------
                                                     Robert M. Abramian
                                                     Assistant Vice President
                                                     Master Servicing Division




Prepared for:              Norwest Bank Minnesota, N.A.

Date:                      June 6, 2000

Ref :                      SAMI Series 1999-2

                           Pooling and Servicing Agreement dated as April 1,
                           1999, executed by Securitized Asset Mortgage
                           Investment, Inc., as Seller, Cendant Mortgage
                           Corporation and IndyMac, Inc., as Master Servicer,
                           and Norwest Bank of Minnesota, National Association,
                           as Trustee.
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                           1,009
<SECURITIES>                                         0
<RECEIVABLES>                                   36,610
<ALLOWANCES>                                     4,535
<INVENTORY>                                      1,299
<CURRENT-ASSETS>                                40,364
<PP&E>                                         121,786
<DEPRECIATION>                                  48,534
<TOTAL-ASSETS>                                 260,206
<CURRENT-LIABILITIES>                           23,854
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           277
<OTHER-SE>                                     221,106
<TOTAL-LIABILITY-AND-EQUITY>                   260,206
<SALES>                                        274,800
<TOTAL-REVENUES>                               274,800
<CGS>                                           41,329
<TOTAL-COSTS>                                   41,329
<OTHER-EXPENSES>                               147,078
<LOSS-PROVISION>                                 2,190
<INTEREST-EXPENSE>                                 892
<INCOME-PRETAX>                                 83,673
<INCOME-TAX>                                    32,634
<INCOME-CONTINUING>                             32,634
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    32,634
<EPS-PRIMARY>                                     1.86
<EPS-DILUTED>                                     1.79
        

</TABLE>
Order filed April 2, 2015

In The

Eleventh Court of Appeals __________

No. 11-15-00067-CV

__________

IN RE FORD MOTOR COMPANY AND THE SEWELL FAMILY 

OF COMPANIES, INC. D/B/A SEWELL FORD-LINCOLN

Original Mandamus Proceeding

O R D E R

Relators, Ford Motor Company and the Sewell Family of Companies, Inc. 

d/b/a Sewell Ford-Lincoln have filed a petition for writ of mandamus with this 

court alleging that Respondent, the Honorable Jim Bobo, Judge of the County 

Court at Law of Ector County, Texas, has abused his discretion by denying Ford 

Motor Company’s motion to disqualify Plaintiff’s counsel in Cause No. CC-25797, 

styled Erik Galindo, Plaintiff v. Ford Motor Company and the Sewell Family of 

Companies, Inc. d/b/a Sewell Ford-Lincoln, Defendants. Relators have also filed 

an unopposed motion to stay all proceedings in the trial court pending a ruling in 

this court regarding Relators’ petition for writ of mandamus. This court has 
2

requested the Real Party in Interest, Erik Galindo, to file a response to Relators’ 

petition on or before April 9, 2015. 

In order to afford this court sufficient time to review the merits of Relators’ 

petition and the response to be filed by Real Party in Interest, we grant a stay 

effective immediately of all proceedings in the trial court in Cause No. CC-25797, 

pending further order of this court. See TEX. R. APP. P. 52.10(b) (An appellate 

court may grant “any just relief” pending the disposition of an original petition.). 

PER CURIAM

April 2, 2015

Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Page 5791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01900]


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

DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; National Guard Youth ChalleNGe Job ChalleNGe 
Evaluation; Correction

ACTION: Notice; correction.

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

SUMMARY: The Department of Labor published a document in the Federal 
Register of December 28, 2015, inviting public comments on the National 
Guard Youth ChalleNGe Job ChalleNGe Evaluation Information Collection 
Request (80 FR 80816). The document contained an incorrect date.

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129 (this is not a toll-free number) or by email to 
<a href="/cdn-cgi/l/email-protection#0642494a59565447595653444a4f454662696a28616970"><span class="__cf_email__" data-cfemail="591d161506090b1806090c1b15101a193d3635773e362f">[email protected]</span></a>.

Correction

    In the Federal Register of December 28, 2015, in FR Doc. 2015-
32623, on page 80816, (80 FR 80816) in the third column, correct the 
DATES caption to read:

DATES: The OMB will consider all written comments that agency receives 
on or before February 11, 2016.

     Dated: January 22, 2016.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2016-01900 Filed 2-2-16; 8:45 am]
 BILLING CODE 4510-04-P


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</html>
---

EXHIBIT 32.2





Certification of Chief Financial Officer


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





I, Alberto R. Santa Ines, Chief Financial Officer of Abaxis, Inc. (the “Registrant”), do hereby certify in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(1) the Annual Report on Form 10-K of the Registrant, to which this certification is attached as an exhibit (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); and





(2) the information contained in the Report fairly presents, in all material respects, the financial condition of the Registrant at the end of the periods covered by the Report and results of operations of the Registrant for the periods covered by the Report.





Dated: June 13, 2011





By:
/s/ Alberto R. Santa InesAlberto R. Santa InesChief Financial Officer and Vice President of Finance





This certification accompanies the Form 10-K to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Registrant under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-K), irrespective of any general incorporation language contained in such filing.
Long-Range 

Actuarial 

Balance

Annual 

Balance in 

75th Year

Long-Range 

Actuarial 

Balance

Annual Balance 

in 75th Year

Long-Range 

Actuarial 

Balance

Annual 

Balance in 

75th Year

-2.00% -4.34% 2.06% 3.92% 0.06% -0.42%

Estimates based on the intermediate assumptions of the 2009 Trustees Report Office of the Chief Actuary, Social Security

August 31, 2009

Summary Measures and Graphs

Category of Change: Payroll Taxes (including maximum taxable)

Proposed Provision: Raise payroll tax rates (for employees and employers combined) by 2.0 percentage 

points in 2022 (to 14.4% combined) and by an additional 2.0 percentage points in 2052 (to 16.4% 

combined).

Present Law Change From Present Law in Results with this provision

OASDI Cost Rates and Income Rates

(as a percentage of taxable payroll)

0.0

2.0

4.0

6.0

8.0

10.0

12.0

14.0

16.0

18.0

20.0

2009 2019 2029 2039 2049 2059 2069 2079

Year

Percent

Cost rates with this provision

Cost rates under present law

Income rates with this provision

Income rates under present law

OASDI Trust Fund Ratio

 (assets as a percentage of annual expenditures)

0

100

200

300

400

500

600

700

800

900

1000

2009 2019 2029 2039 2049 2059 2069 2079

Year

Percent

Present law With this provision
[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Notices]
[Page 10395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4552]



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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Health Care Policy and Research Meeting

    In accordance with section 10(a) of the Federal Advisory Committee 
Act (5 U.S.C., Appendix 2) announcement is made of the following 
special emphasis panel scheduled to meet during the month of March 
1995:

    Name: Health Care Policy and Research Special Emphasis Panel.
    Date and Time: March 9-10, 1995, 8:30 a.m.
    Place: Holiday Inn Crowne Plaza, 1750 Rockville Pike, Parklawn 
Room, Rockville, Maryland 20852.
    Open March 9, 8:30 a.m. to 9:30 a.m.
    Closed for remainder of meeting.
    Purpose: This Panel is charged with conducting the initial 
review of grant applications on research that will provide 
convincing evidence for or against the effectiveness and cost 
effectiveness of alternative interventions used to prevent, 
diagnose, treat, and manage common clinical conditions.
    Agenda: The open session of the meeting on March 9, from 8:30 
a.m. to 9:30 a.m. will be devoted to a business meeting covering 
administrative matters. During the closed session, the committee 
will be reviewing grant applications dealing with complex, clinical 
medical effectiveness issues in response to the medical treatment 
effectiveness PORT II initiative. In accordance with the Federal 
Advisory Committee Act, 5 U.S.C., Appendix 2 and 5 U.S.C., 
552b(c)(6), the Administrator, Agency for Health Care Policy and 
Research, has made a formal determination that this latter session 
will be closed because the discussions are likely to reveal personal 
information concerning individuals associated with the grant 
applications. This information is exempt from mandatory disclosure.
    Anyone wishing to obtain a roster of members or other relevant 
information should contact Gerald E. Calderone, Ph.D., Agency for 
Health Care Policy and Research, Suite 602, 2101 East Jefferson 
Street, Rockville, Maryland 20852, Telephone (301) 594-2462.
    Agenda items for this meeting are subject to change as 
priorities dictate.

    Dated: February 16, 1995.
Clifton R. Gaus,
Administrator.
[FR Doc. 95-4552 Filed 2-23-95; 8:45 am]
BILLING CODE 4160-90-M
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Gboweh Dickson George v. The State of Texas

Appellate case number: 01

- 12

- 01042

- CR

Trial court case number: 1302726

Trial court: 176th District Court of Harris County

Appellant, Gboweh Dickson George, has filed a motion to suspend the briefing schedule and supplement the record. In his motion, George states that the trial court’s charges to the jury for both the guilt/innocence and punishment phases of trial an d the verdict forms are missing from the clerk’s record and that the charge conference for the guilt/innocence phase of trial is missing from the reporter’s record. George requests that the deadline for filing his brief be suspended until 30 days after th e clerk’s record has been supplemented with the trial court’s charges to the jury and the jury’s verdicts and the reporter’s record has been supplemented with the transcript of the charge conference. We grant George’s motion.

Accordingly, we ORDER the court reporter, within 30 days of the date of this order, to prepare, certify, and file a supplemental reporter’s record containing the charge conference for the trial court’s jury charge in the guilt/innocence phase of trial. Se e T EX

. R. A PP

. P . 34.6(d). We further ORDER the trial court clerk, within 30 days of the date of this order, to prepare, certify, and file a supplemental clerk’s record containing the jury charges for both the guilt/innocence and punishment phases of tria l and the jury’s verdicts as to guilt/innocence and punishment. See T EX

. R. A PP

. P. 34.5(c)(1).

George’s brief is ORDERED to be filed within 30 days after the later of the date the supplemental clerk’s record is filed or the date the supplemental reporter ’s record is filed. See

T EX

. R. A PP

. P . 38.6(a). Appellee’s brief, if any, must be filed within 30 days after the date George’s brief is filed. See T EX

. R. A PP

. P . 38.6(b).

It is so ORDERED.

Judge’s signature: /s/ Terry Jennings

X Acting individually  Acting for the Court

Date: May 15, 2013
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-40331

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

LORENZO GARCIA MEJIA,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5: 09-CR-2680-1

Before HIGGINBOTHAM, GARZA, and ELROD, Circuit Judges.

PER CURIAM:

*

The Federal Public Defender appointed to represent Lorenzo Garcia Mejia

has moved for leave to withdraw and has filed a brief in accordance with Anders

v. California, 386 U.S. 738 (1967). Garcia Mejia has not filed a response. Our

independent review of the record and counsel’s brief discloses no nonfrivolous

issue for appeal. Accordingly, counsel’s motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

February 15, 2011

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

Case: 10-40331 Document: 00511382240 Page: 1 Date Filed: 02/15/2011