alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Form of Amendment of Form of Employment Agreement



 Exhibit 10.6.1 
 Amendment of Form of Employment Agreement 
 Mr.
[                    ] (the “Executive”) and Aleris International, Inc. (the “Company”) and for certain purposes Aleris
Corporation (the “Parent”) formerly Aleris Holding Company entered into an agreement dated June 1, 2010. 
 The
Executive, Company and Parent desire to amend the Agreement effective immediately prior to the effectiveness of the 2011 initial public offering of Parent as follows: 
 1. Clause (ii) of the first sentence of Section 3 is amended by replacing the words “six (6) months” with “thirty (30) days”. 

2. The last sentences of Section 5(a)(ii) and (d) shall be amended to add at the end thereof the following: 

;provided, further, however, notwithstanding the foregoing, if termination of employment is in anticipation of or within twelve
(12) months following a Change of Control (as defined in the Aleris Corporation 2011 Equity Incentive Plan), the Severance Payment will be paid in a cash lump sum within thirty (30) days following the Date of Termination, to the extent
permissible under the rules regarding a “short term deferral” within the meaning of Treasury Regulations Section 1.409A-1(b)(4) of the Code and “separation pay plans” within the meaning of Treasury Regulations
Section 1.409A-1(b)(9) of the Code or otherwise not subject Executive to taxes under Section 409A of the Code. For purposes of the foregoing, a termination of employment will be deemed to be “in anticipation of” a Change of
Control if such termination is for the principal purpose of avoiding or evading the Company’s or Parent’s compensation obligations that would arise upon a termination following a Change of Control.” 

3. Section 5(d) is amended by replacing the words “twelve (12)” with “eighteen (18)” in the two places it
appears and to add after “(ii)” the following “the product of (x) one and one-half times (y)”. 
 4.
Except as expressly amended by this letter agreement, the Agreement shall otherwise continue in full force and effect. 
  

8147627.5 
  







 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written
above. 
  

			
	Executive
	
	 
	Name
	
	Aleris International, Inc.
		
	By:	 	 
		 	Title:
	
	Aleris Corporation
		
	By:	 	 
		 	Title:



  
 2 


 8147627.5
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<ARTICLE> 5
<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>                                     1.79
<EPS-DILUTED>                                     1.79
        

</TABLE>
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-10410

Seaboard International, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 29, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3330

ECM Industries LLC: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions

_5-30-2019.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
<PAGE>

                      SECURITIES AND EXCHANGE COMMISSION

                             WASHINGTON, DC 20549

                           ------------------------
                                FORM 10-KSB/A

                      AMENDMENT TO APPLICATION OR REPORT
                FILED PURSUANT TO SECTION 12, 13 OR 15(d) OF
                    THE SECURITIES EXCHANGE ACT OF 1934


                 SPATIALIGHT, INC. (f/k/a SAYETT GROUP, INC.)
              (Exact name of registrant as specified in charter)


                                 AMENDMENT NO. 3

The undersigned registrant hereby amends the following items, financial 
statements, exhibits or other portions of its Annual Report for the fiscal year
ended December 31, 1995 on Form 10-KSB as set forth in the pages attached 
hereto:

          Item 13(a)

<PAGE>

ITEM 13. EXHIBITS LIST AND REPORTS ON FORM 8-K

     (a)  The following exhibits are filed as part of this Form 10-KSB:

EXHIBIT        DESCRIPTION
-------        -----------
 3.1*          Certificate of Incorporation
 3.2*          Bylaws
10.1*          1991 Stock Option Plan
10.20*         Form of Officers and Directors Agreement
10.23*         Employee Stock Option Plan
10.24*         Directors Stock Option Plan
10.25*         Agreement between Sayett Group, Inc. and InterVision Systems, 
               Inc., dated March 11, 1994.
10.26*         Agreement and Plan of Reorganization, dated January 26, 1995.
10.27*         Sayett Group, Inc. and WAH-III Technology Subscription and 
               Stock Purchase Agreement, dated November 25, 1992.
10.28*         Amendment to Subscription and Stock Purchase Agreement, dated 
               June 29, 1993.
10.29*         Second Amendment to Subscription and Stock Purchase Agreement, 
               dated April 27, 1994
10.30*         Stock Purchase Agreement, dated July 19, 1994.
11.1*          Statement of Computation of Per Share Earnings (Loss).
21.*           Subsidiaries of the Sayett Group, Inc.
99.*           Independent Auditors report on financial statements of 
               InterVision, Systems, Inc.
99.1           Definitive Proxy for 1996 Annual Meeting of Stockholders, 
               dated April 15, 1996.

----------------
*Previously filed.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         158,519
<SECURITIES>                                     2,494
<RECEIVABLES>                                   59,514
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                          18,684
<DEPRECIATION>                                  20,053
<TOTAL-ASSETS>                                 443,416
<CURRENT-LIABILITIES>                                0
<BONDS>                                        153,200
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        55,344
<OTHER-SE>                                      93,063
<TOTAL-LIABILITY-AND-EQUITY>                   443,416
<SALES>                                        280,199
<TOTAL-REVENUES>                               280,199
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               198,915
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,026
<INCOME-PRETAX>                                 73,258
<INCOME-TAX>                                    31,050
<INCOME-CONTINUING>                             42,208
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    42,208
<EPS-BASIC>                                       0.77
<EPS-DILUTED>                                     0.77


</TABLE>
****

**MOTOR MODEL: FF130/FK130**

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EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 7, 2019

RE: Product Exclusion Request Number USTR-2018-0025-3179

FCA US LLC:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request concerns a product strategically important or related to 

“Made in China 2025” or other Chinese industrial programs.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Joseph Barloon

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3142

Brinly Hardy Co:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 29, 2019

RE: Product Exclusion Request Number USTR-2018-0025-2680

HP Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Joseph Barloon

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

February 19, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-11604

Techtronic Industries Power Equipment, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
II 

117TH CONGRESS 

2D SESSION S. 3998 

To clarify the inability of the President to declare national emergencies 

under the National Emergencies Act, major disasters or emergencies 

under the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act, and public health emergencies under the Public Health Service 

Act on the premise of climate change, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 5, 2022 

Mrs. CAPITO (for herself, Mr. INHOFE, Mr. CRAMER, Ms. LUMMIS, Mr. BOOZMAN, Mr. WICKER, Mr. BARRASSO, Mr. CORNYN, Mr. SCOTT of Florida, 

Mr. HOEVEN, Mrs. BLACKBURN, and Mr. LANKFORD) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To clarify the inability of the President to declare national 

emergencies under the National Emergencies Act, major 

disasters or emergencies under the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act, and public health emergencies under the Public Health Service 

Act on the premise of climate change, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 3998 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Real Emergencies 

3 Act’’. 

4 SEC. 2. CLARIFICATION OF EXECUTIVE INABILITY TO DE5 CLARE CERTAIN NATIONAL EMERGENCIES, 

6 MAJOR DISASTERS, EMERGENCIES, AND PUB7 LIC HEALTH EMERGENCIES. 

8 (a) NATIONAL EMERGENCY.—The President may not 

9 declare a national emergency under the National Emer10 gencies Act (50 U.S.C. 1601 et seq.) on the premise of 

11 climate change. 

12 (b) MAJOR DISASTER; EMERGENCY.—The President 

13 may not declare a major disaster or emergency under sec14 tion 401 or 501, respectively, of the Robert T. Stafford 

15 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

16 5170, 5191) on the premise of climate change. 

17 (c) PUBLIC HEALTH EMERGENCY.—The President 

18 may not declare a public health emergency under section 

19 319 of the Public Health Service Act (42 U.S.C. 247d) 

20 on the premise of climate change. 

21 (d) RULE OF CONSTRUCTION.—Nothing in this Act 

22 shall be construed to imply the authority of the President 

23 before the date of enactment of this Act to declare, on 

24 the premise of climate change— 

25 (1) a national emergency under the National 

26 Emergencies Act (50 U.S.C. 1601 et seq.); 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 3998 IS

1 (2) a major disaster or emergency under the 

2 under section 401 or 501, respectively, of the Robert 

3 T. Stafford Disaster Relief and Emergency Assist4 ance Act (42 U.S.C. 5170, 5191); or 

5 (3) a public health emergency under section 

6 319 of the Public Health Service Act (42 U.S.C. 

7 247d). 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
Ex-99.1 a)


                        Report of Independent Accountants

To the Board of Directors
Liberty Lending Services, Inc.



We have examined management's assertion about Liberty Lending Services, Inc.'s
(Liberty Lending's) compliance with the minimum servicing standards identified
in the Mortgage Bankers Association of America's Uniform Single Attestation
Program for Mortgage Bankers (USAP) as of and for the year ended June 30, 1999
included in the accompanying Management Assertion. Management is responsible for
Liberty Lending's compliance with those minimum servicing standards. Our
responsibility is to express an opinion on management's assertion about Liberty
Lending's compliance based on our examination.

Our examination was made in accordance with standards established by the
American Institute of Certified Public Accountants and, accordingly, included
examining, on a test basis, evidence about Liberty Lending's compliance with the
minimum servicing standards and performing such other procedures as we
considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion. Our examination does not provide a
legal determination on Liberty Lending's compliance with the minimum servicing
standards.

In our opinion, management's assertion that Liberty Lending Services, Inc.
complied with the aforementioned minimum servicing standards as of and for the
year ended June 30, 1999 is fairly stated, in all material respects.

/s/ PricewaterhouseCoopers LLP

September 3, 1999
Exhibit 10.71



AMENDMENT OF

RESTRICTED STOCK AWARD AGREEMENT



This Amendment of
Restricted Stock Award Agreement is between Path 1 Network Technologies Inc. (Path 1) and John Zavoli (Zavoli) as of August 31, 2004. It amends the Restricted Stock Award Agreement between the parties dated October 23, 2003
(the Stock Agreement).



1. The last sentence of
Section 3(b) of the Stock Agreement is amended to read in full as follows:



Should any vesting date occur on a day during a closed window period, where Participant would be restricted from trading Company shares, then the vesting date shall be deemed to occur two weeks immediately
after the termination of such closed window period.



2. Except
as expressly amended by this Amendment, the Stock Agreement remains unchanged and in full force and effect.



3. The parties acknowledge that they have the right to have been represented by legal counsel of their own choosing, and that Heller Ehrman White &
McAuliffe LLP and Hayden Trubitt are representing Path 1 and are not representing Zavoli.



/s/    John R. ZavoliJOHN ZAVOLIPATH 1 NETWORK TECHNOLOGIES INC.By:

/s/    John R. ZavoliJohn Zavoli, Chief Executive Officer