alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                   Exhibit 10.49


                               AMENDMENT NO. 2 TO
                              EMPLOYMENT AGREEMENT
                                 by and between
                           I.C. ISAACS & COMPANY, INC.
                                       and
                                 GERALD W. LEAR


         THIS AMENDMENT NO. 2, dated as of February 11, 1999, is made a part of
that certain EXECUTIVE EMPLOYMENT AGREEMENT (the "Agreement"), dated as May 15,
1997, and as amended by Amendment No. 1 thereto dated as of August 27, 1998, by
and between I. C. Isaacs & Company, Inc. (the "Company"), and Gerald W. Lear
(the "Executive"). It is intended by the parties that the terms of this
Amendment No. 2, to the extent that they are more specific than the terms
contained in the Agreement, or to the extent that they should conflict with the
terms contained in the Agreement, shall supersede the terms of the Agreement.
Section numbers utilized in this Amendment No. 2 correspond, where applicable,
to section numbers used in the Agreement.

                              W I T N E S S E T H:

Accordingly, in consideration of the mutual covenants and representations
contained herein and the mutual benefits derived herefrom, the parties hereto
agree as follows:

         1. Paragraph 3 is hereby restated in its entirety as follows:

         3. BASE SALARY. The Executive's base salary for each Employment Year
         under this Agreement (May 15, 1997 through May 15, 2001) shall be at
         the rate of Three Hundred Fifty Thousand Dollars ($350,000) per annum.
         Such base salary shall be increased to Four Hundred Thousand Dollars
         ($400,000) per annum for the remaining term of this Agreement after the
         Company achieves positive net earnings in two consequtive fiscal
         quarters. Such base salary may also be increased based on periodic
         reviews by the Compensation Committee of the Board of Directors. The
         Executive's base salary shall be paid throughout the year, in
         accordance with normal payroll practices of the Company.

         IN WITNESS WHEREOF, the parties have executed and delivered this
Amendment No. 2 on the date first above written. 


ATTEST:                                     I.C. ISAACS & COMPANY, INC.



  /s/ Eugene C. Wielepski                   By:    /s/ Robert J. Arnot
-------------------------------                 --------------------------------
Secretary                                       Robert J. Arnot, CEO


<PAGE>


WITNESS:                                    EXECUTIVE

  /s/ Eugene C. Wielepski                   By:    /s/ Gerald W. Lear
-------------------------------                 --------------------------------
                                                 Gerald W. Lear


                                       -2-
|   | 1. | The Report fully complies with requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|----|-------------------------------------------------------------------------------------------------------------------|

|   | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:   May 16, 2011 | /s/ Todd Hays                                            |   |
|--------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|                           | Todd Hays                                                                                                                                                                                                                                                                       |   |
|                           | Chief Executive Officer                                                                                                                                                                                                                                                         |   |
|                           |                                                                                                                                                                                                                                                                            |   |
CORE/3505308.0002/152710136.1 

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Carrie M. Francis (020453)

Stefan M. Palys (024752) 

Michael Vincent (029864)

STINSON LEONARD STREET LLP

1850 North Central Avenue, Suite 2100 

Phoenix, Arizona 85004-4584 

Tel: (602) 279-1600 

Fax: (602) 240-6925 

Email: carrie.francis@stinson.com

stefan.palys@stinson.com

michael.vincent@stinson.com

Attorneys for Defendants 

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

Jeremy Thacker, No. 2:18-cv-00063-PHX-DGC

DEFENDANTS’ NOTICE OF 

SERVICE OF SUPPLEMENTAL 

DISCLOSURE STATEMENT 

Plaintiff,

v.

GPS Insight, LLC; Robert J. Donat, 

Individually and as Trustee of The 

Robert Donat Living Trust Dated April 

19, 2017; 

Defendants.

Defendants hereby give notice, pursuant to General Order 17-08, of service upon 

Plaintiff of Defendants’ Sixteenth Supplemental Disclosure Statement by e-mail on 

May 30th, 2019. 

RESPECTFULLY SUBMITTED this 30th day of May, 2019. 

STINSON LEONARD STREET LLP 

By: /s/ Michael Vincent 

Carrie M. Francis

Stefan M. Palys 

Michael Vincent

1850 North Central Avenue, Suite 2100

Phoenix, Arizona 85004-4584 

Attorneys for Defendants

Case 2:18-cv-00063-DGC Document 144 Filed 05/30/19 Page 1 of 2
2 

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CERTIFICATE OF SERVICE 

I hereby certify that on May 30th, 2019, I caused the foregoing document to be 

filed electronically with the Clerk of Court through ECF; and that ECF will send an enotice of the electronic filing to: 

Joshua W. Carden 

JOSHUA CARDEN LAW FIRM, P.C. 

16427 North Scottsdale Road, Suite 410 

Scottsdale, AZ 85254 

joshua@cardenlawfirm.com

Attorneys for Plaintiff 

Timothy B. O’Connor 

Schneider & Onofry, PC 

365 East Coronado Road 

Phoenix, Arizona 85004 

toconnor@soarizonalaw.com

Attorneys for Defendant Donat 

/s/ Valerie Corral 

Case 2:18-cv-00063-DGC Document 144 Filed 05/30/19 Page 2 of 2
[Federal Register Volume 61, Number 106 (Friday, May 31, 1996)]
[Notices]
[Pages 27344-27345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13669]



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

DEPARTMENT OF ENERGY
[Docket No. ER96-1086-000]


SCANA Energy Marketing, Inc.; Notice of Issuance of Order

May 24, 1996.
    On February 16, 1996, SCANA Energy Marketing, Inc. (SCANA) filed an 
application for authorization to sell power at market-based rates, and 
for certain waivers and authorizations. In particular, SCANA requested 
that the Commission grant blanket approval under 18 CFR Part 34 of all 
future issuances of securities and assumptions of liabilities by SCANA. 
On May 13 1996, the Commission issued an Order Accepting for Filing and 
Suspending Proposed Transmission Tariffs, Conditionally Accepting for 
Filing Proposed Market-Based Sales Rates, Granting Clarification, 
Establishing

[[Page 27345]]

Hearing Procedures, and Granting and Denying Waivers and Authorizations 
(Order), in the above-docketed proceeding.
    The Commission's May 13, 1996 Order granted the request for blanket 
approval under Part 34, subject to the conditions found in Ordering 
Paragraphs (I), (J), and (L):
    (I) Within 30 days of the date of this order, any person desiring 
to be heard or to protest the Commission's blanket approval of 
issuances of securities or assumptions of liabilities by SCANA should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure, 18 CFR 385.211 and 385.214.
    (J) Absent a request to be heard within the period set forth in 
Ordering Paragraph (I) above, SCANA is hereby authorized to issue 
securities and to assume obligations or liabilities as guarantor, 
endorser, surety or otherwise in respect of any security of another 
person; provided that such issue or assumption is for some lawful 
object within the corporate purposes of the applicant, compatible with 
the public interest, and reasonably necessary or appropriate for such 
purposes.
    (L) The Commission reserves the right to modify this order to 
require a further showing that neither public nor private interests 
will be adversely affected by continued Commission approval of SCANA's 
issuances of securities or assumptions of liabilities * * *.
    Notice is hereby given that the deadline for filing motions to 
intervene or protests, as set forth above, is June12, 1996.
    Copies of the full text of the Order are available from the 
Commission's Public Reference Branch, 888 First Street, NE., 
Washington, DC 20426.
Lois D. Cashell,
Secretary.
[FR Doc. 96-13669 Filed 5-30-96; 8:45 am]
BILLING CODE 6717-01-M
<PAGE>
                                                                    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 Annual Report of Corillian Corporation (the "Company") on
Form 10-K for the year ended December 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the "Form 10-K"), Alex P. Hart, Chief
Executive Officer of the Company, and Paul K. Wilde, Chief Financial Officer of
the Company, respectively, do each hereby certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

      (1)   The Form 10-K 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 Form 10-K fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company.

Dated: March 15, 2005


/s/ ALEX P. HART

Alex P. Hart
Chief Executive Officer and President



/s/ PAUL K. WILDE

Paul K. Wilde
Chief Financial Officer
**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 Annual Report of Viasystems, Inc. (the “Company”) on Form
10-K for the period ending December 31, 2004 as filed with the Securities and
Exchange Commission (the “Report”), I, David M. Sindelar, Chief Executive
Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as enacted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that the Report fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.
  /s/
      David M. SindelarDavid
      M. SindelarChief
      Executive OfficerMarch
      29, 2005
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 Annual Report of Kushi Natural Foods Corp. (the
"Company") on Form 10-K for the period ended December 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned Chief Executive Officer of the Company hereby certifies, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002 that based on his knowledge and belief: 1) the Report fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, and 2) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company as of and for the periods covered in the Report.


/s/ DR. EUGENE STRICKER
------------------------------------
Dr. Eugene Stricker, Chief Executive
Officer (President)

April 6, 2005
<PAGE>

                                                                   Exhibit 10.18


                        FIRST AMENDMENT TO OFFICE LEASE

    This First Amendment to Office Lease ("First Amendment") is made and
entered into this 18th day of October, 2000 by and between 55 Almaden Boulevard
Limited Partnership, a California Limited Partnership ("Landlord") and Agile
Software Corporation, a Delaware Corporation ("Tenant").

                                   RECITALS

1.  Tenant (formerly, Agile Software Corporation, a California Corporation) and
    Landlord are parties to that certain Office Lease ("Lease") by and between
    Landlord and Tenant dated November 5, 1999 covering 33,920 rentable square
    feet on the fifth and sixth floors of the building located at 55 Almaden
    Boulevard, San Jose, California, ("Building").

2.  Tenant and Landlord wish to extend the Term of the Lease.

Therefore, Tenant and Landlord agree to amend the Lease as follows:

1.  TERM

    1.1  The Term of the Lease is extended for a period of six (6) months,
         beginning March 1, 2005 and expiring August 31, 2005 (the "Extended
         Term").

2.  RENT

    2.1. Beginning March 1, 2005 and continuing throughout the Extended Term,
         monthly base Rent due for the Premises shall be $108,204.80, which is
         calculated at the rate of $3.19 per rentable square foot.

3.  BROKER REPRESENTATION

    3.1  Tenant warrants that it has had no dealings with any broker or agent in
         connection with the negotiation or execution of this Amendment and
         Tenant agrees to indemnify Landlord and hold Landlord harmless from and
         against any and all costs, expenses or liability for commissions or
         other compensation or charges claimed by or awarded to such broker or
         agent with respect to this Amendment.
<PAGE>

4.  PARTIES
    -------

    4.1  Tenant and Landlord hereby acknowledge that the name of Tenant was
         incorrectly stated in the Lease as Agile Software, Inc. Tenant and
         Landlord further acknowledge that the correct name of Tenant is Agile
         Software Corporation, a Delaware corporation.

    OTHER THAN THE FOREGOING, all other terms, covenants and conditions of the
Lease as far as applicable remain unchanged.

    IN WITNESS WHEREOF, the parties hereto have subscribed their names and
executed this First Amendment the day and year written below.


55 ALMADEN BOULEVARD LIMITED                 AGILE SOFTWARE CORPORATION,
PARTNERSHIP,                                 a Delaware Corporation
a California limited partnership
Landlord                                     Tenant

  By: Second Tower
      Its General Partner

                                             By: /s/ Thomas P. Shanahan
                                                -----------------------
                                                   Thomas P. Shanahan


  By:  /s/ Lewis N. Wolff                Its:____________________________
      ---------------------------
      Lewis N. Wolff


  Date:  10/18/00
       ----------
<PAGE>

                                                                  Exhibit 10.4

[MULTIPRESS LETTERHEAD]                                                 [LOGO]



         EMPLOYMENT AGREEMENT BETWEEN WILLIAM B. HARRISON, JR. AND

                           QPI-MULTIPRESS, INC.



William B. Harrison, Jr. can, if he desires, work full time after reaching
age 65 (5-25-98).

Alternate plan, Mr. Harrison may work part time (two days per week) with
compensation 50 percent of the rate earned May 25, 1998. Also benefits,
automobile, insurance, vacation and the like will be the same as if employed
full time.

The plan selected can be canceled by either party provided they give at least
six months advance notice.





Bruce Weaver                           ----------------------------------------

Date signed                            ----------------------------------------


William B. Harrison, Jr.               /s/ W. Harrison, Jr.   V. P. Operations
                                       ----------------------------------------

Date signed                                            05/15/97
                                       ----------------------------------------
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1

In The

Court of Appeals

Ninth District of Texas at Beaumont

________________

NO. 09-23-00005-CR

________________

JOAQUIN GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

________________________________________________________________________

On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 21-38293

________________________________________________________________________

MEMORANDUM OPINION

A jury found Appellant Joaquin Garcia guilty of murder and sentenced him to

life in prison within the Texas Department of Criminal Justice. See Tex. Penal Code 

Ann. §19.02.

Garcia’s appellate counsel filed an Anders brief that presents counsel’s 

professional evaluation of the record and concludes the appeal is frivolous; he 

simultaneously filed a motion to withdraw as counsel. See Anders v. California, 386 
2

U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On May 

15, 2023, we granted an extension of time for Garcia to file a pro se brief and notified 

him of the deadline for doing so. We received no response from Garcia.

We have reviewed the appellate record, and we agree with counsel’s 

conclusion that no arguable issues support the appeal. Therefore, we find it 

unnecessary to order appointment of new counsel to re-brief the appeal. Cf. Stafford 

v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s 

judgment.1

AFFIRMED.

 JAY WRIGHT

 Justice

 

Submitted on August 17, 2023

Opinion Delivered September 13, 2023

Do Not Publish

Before Horton, Johnson and Wright, JJ.

1 Garcia may challenge our decision in this case by filing a petition for 

discretionary review. See Tex. R. App. P. 68.
**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 report of Fuqi International, Inc. (the “Company”) on Form
      10-Q for the period ending March 31, 2008 as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), each of the undersigned,
      in the capacities and on the dates indicated below, hereby certifies, pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that to his 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 the Company.




/s/ Yu
                Kwai ChongYu
                Kwai ChongChief
                Executive Officer and PresidentMay
                15, 2008





/s/ Ching
                Wan WongChing
                Wan WongChief
                Financial OfficerMay
                15, 2008




A
      signed
      original of this written statement required by Section 906 has been
      provided to Fuqi International, Inc. and will be retained by Fuqi International,
      Inc. and furnished to the Securities and Exchange Commission or its staff upon
      request
##### 



Exhibit 21.01 ATMI, INC.
Subsidiaries Entity
    
    State or Jurisdiction of Incorporation or OrganizationAdvanced Technology Materials, Inc.
    
    DelawareEpitronics Corporation
    
    DelawareATMI Ecosys Corporation
    
    CaliforniaAdvanced Delivery & Chemical Systems Nevada, Inc.
    
    NevadaAdvanced Delivery & Chemical Systems Holdings, LLC
    
    DelawareAdvanced Delivery & Chemical Systems Operating, LLC
    
    DelawareAdvanced Delivery & Chemical Systems Manager, Inc.
    
    DelawareATMI Materials, Ltd.
    
    TexasATMI Korea Co. Ltd.
    
    KoreaATMI UK Limited
    
    ScotlandATMI Fab Services, Inc.
    
    New MexicoATMI Fab Services Ireland, Inc.
    
    New MexicoMST Measurement Systems, Inc.
    
    IllinoisATMI Packaging, Inc.
    
    MinnesotaATMI Packaging International Ltd.
    
    MinnesotaATMI International Holdings, Inc.
    
    DelawareATMI Taiwan Holdings, Inc.
    
    DelawareATMI Belgium Holdings, Inc.
    
    DelawareATMI Belgium, LLC
    
    DelawareEmosyn LLC
    
    DelawareNewform, N.V.
    
    BelgiumATMI Japan KK
    
    JapanATMI Taiwan Co. Ltd.
    
    TaiwanATMI GmbH
    
    GermanyAdvanced Technology Materials FSC, Inc.
    
    BarbadosATMI PTE Ltd
    
    SingaporePhoenix 2002 Liquidating LLC
    
    DelawareATMI Fab Services Ireland, Ltd
    
    IrelandATMI Acquisition BVBA
    
    BelgiumESC, Inc
    
    Pennsylvania
Exhibit 32.1   CERTIFICATION OF CHIEF EXECUTIVE AND FINANCIAL 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 Cytta Corp. (the Company) on Form 10-QSB for the period ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Chad Rutherford, Chief Executive and Financial Officer of the Company, certify, pursuant to 18 U.S.C. Sect. 1350, as adopted pursuant to Sect. 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 Exchange Act of 1934; and (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. IN WITNESS WHEREOF, the undersigned has executed this certification as of the 14th day of February, 2008.  /s/ Chad Rutherford_ Chad Rutherford Chief Executive and Financial Officer