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



 Exhibit 10.09 

AMENDMENT NO. 1 TO 

STOCK PURCHASE AGREEMENT 

This AMENDMENT NO. 1 (this “Amendment”), dated as of February 14, 2014, [***], dated as of January 29, 2014 (the
“Agreement”), by and between Xenetic Biosciences, Inc., a Nevada corporation (the “Company”), and Baxter Healthcare SA (the “Investor”). 

WHEREAS, the Company and the [***] desire to modify the definition of “[***]” in the Agreement in order to ensure that the [***]
subject to the [***] properly measured; and 
 WHEREAS, capitalized terms used but not otherwise defined in this Amendment shall have the
meanings assigned to them in the Agreement; 
 NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows: 
  

	 	1.	Definition of Measurement Period. 

 The definition of [***] in Section 4(d)
of the Agreement is hereby amended to mean the period from (i) [***] on the date of the Agreement to (ii) [***] following the date thereof. 
  

	 	2.	General Provisions. 

 (a) Counterparts. This Amendment may be executed in
multiple counterparts (including by means of telecopied signature pages or signature pages in “.pdf”, “.tif” or similar format sent as an attachment to an electronic mail message), each of which shall be deemed an original, but
all of which taken together shall constitute one and the same instrument. 
 (b) Choice of Law. The construction, validity and
interpretation of this Amendment will be governed by and construed in accordance with the internal [***], without giving effect to principles of conflicts of laws or choice of law of [***] or any other jurisdiction which would result in the
application of the law of any jurisdiction other than the [***]. 
 (c) Entire Agreement. The Agreement, as amended by this
Amendment, contains the complete agreement among the parties hereto and supersedes any prior understanding, agreement or representation by or among the parties hereto, written or oral, that may have related to the subject matter hereof in any way.
Other than as specifically amended by the terms hereof, the Agreement remains in full force and effect. 
 * * * * * 







 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first
written above. 
  

					
	THE COMPANY:
	
	XENETIC BIOSCIENCES, INC.
		
	By:	 	 /s/ M. Scott Maguire

		 	Name:	 	M. Scott Maguire
		 	Title:	 	CEO
	
	INVESTOR:
	
	BAXTER HEALTHCARE SA
		
	By:	 	  

		 	Name:	 	
		 	Title:	 	
		
	By:	 	  

		 	Name:	 	
		 	Title:
<TABLE> <S> <C>

<ARTICLE>      5
<MULTIPLIER>   1
       
<S>                                <C>
<PERIOD-TYPE>                      12-MOS
<FISCAL-YEAR-END>                                JUN-30-1998
<PERIOD-END>                                     JUN-30-1998
<CASH>                                             3,726,400
<SECURITIES>                                               0
<RECEIVABLES>                                      2,025,936
<ALLOWANCES>                                         322,509
<INVENTORY>                                        2,363,287
<CURRENT-ASSETS>                                   7,854,671
<PP&E>                                             7,189,880
<DEPRECIATION>                                     2,877,571
<TOTAL-ASSETS>                                    16,073,495
<CURRENT-LIABILITIES>                              4,354,808
<BONDS>                                                    0
<PREFERRED-MANDATORY>                                      0
<PREFERRED>                                                0
<COMMON>                                              64,501
<OTHER-SE>                                        11,551,323
<TOTAL-LIABILITY-AND-EQUITY>                      16,073,495
<SALES>                                           24,277,772
<TOTAL-REVENUES>                                  24,277,772
<CGS>                                             15,405,319
<TOTAL-COSTS>                                     15,405,319
<OTHER-EXPENSES>                                   7,204,626
<LOSS-PROVISION>                                      60,000
<INTEREST-EXPENSE>                                  (128,452)
<INCOME-PRETAX>                                    1,776,838
<INCOME-TAX>                                         110,000
<INCOME-CONTINUING>                                        0
<DISCONTINUED>                                             0
<EXTRAORDINARY>                                            0
<CHANGES>                                                  0
<NET-INCOME>                                       1,666,838
<EPS-PRIMARY>                                     .26
<EPS-DILUTED>                                     .26
        


</TABLE>
I

104TH CONGRESS

2D SESSION H. R. 3731

To amend the Federal Property and Administrative Services Act of 1949

to authorize the transfer to State and local governments of certain

surplus property for use for law enforcement or public safety purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 27, 1996

Mr. CALVERT (for himself, Mr. FAZIO of California, Mr. BONO, Mr. BROWN

of California, Mr. LEWIS of California, Mr. BOUCHER, Ms. RIVERS, Mr.

HORN, and Mr. RIGGS) introduced the following bill; which was referred

to the Committee on Government Reform and Oversight

A BILL

To amend the Federal Property and Administrative Services

Act of 1949 to authorize the transfer to State and local

governments of certain surplus property for use for law

enforcement or public safety purposes.

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

3 SECTION 1. AUTHORITY TO TRANSFER SURPLUS PROP4 ERTY FOR USE FOR LAW ENFORCEMENT OR

5 PUBLIC SAFETY PURPOSES.

6 (a) IN GENERAL.—Section 203(p)(1) of the Federal

7 Property and Administrative Services Act of 1949 (40
2

•HR 3731 IH

1 U.S.C. 484(p)(1)) is amended by striking ‘‘required’’ and

2 all that follows through ‘‘offenders as’’ and inserting

3 ‘‘needed for use by the transferee or grantee for a law

4 enforcement or public safety purpose’’.

5 (b) APPLICATION OF LAW TO PRIOR TRANSFERS AND

6 CONVEYANCES.—Section 203(p) of the Federal Property

7 and Administrative Services Act of 1949 (40 U.S.C.

8 484(p)) is amended by adding at the end the following:

9 ‘‘(4) Any real or related personal property trans10 ferred or conveyed under this subsection before the date

11 of the enactment of this paragraph may, with the approval

12 of the Attorney General, be used for a law enforcement

13 or public safety purpose.’’.

Æ
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

_________________________________________________________________

DESHON STOKES,

Petitioner, Civil No. 2:09-CV-10171

v.

KENNETH MCKEE,

Respondent.

 /

JUDGMENT

In accordance with the court’s Opinion and Order Denying the Petition for Writ of

Habeas Corpus and Denying a Certificate of Appealability dated October 27, 2014,

IT IS ORDERED AND ADJUDGED that judgment is entered in favor of

Respondent Kenneth McKee and against Petitioner Deshon Stokes. Dated at Detroit,

Michigan, this 27th day of October 2014.

 DAVID J. WEAVER

 CLERK OF THE COURT

S/ Lisa Wagner 

By: Lisa Wagner, Case Manager

 to Judge Robert H. Cleland

S:\Cleland\JUDGE'S DESK\C1 ORDERS\09-10171.STOKES.Judgment.wpd

1

2:09-cv-10171-RHC-SDP Doc # 24 Filed 10/27/14 Pg 1 of 1 Pg ID 1155
IB

Union Calendar No. 379

104TH CONGRESS

2D SESSION H. R. 3868

[Report No. 104–712]

To extend certain programs under the Energy Policy and Conservation Act

through September 30, 1996.

IN THE HOUSE OF REPRESENTATIVES

JULY 23, 1996

Mr. SCHAEFER introduced the following bill; which was referred to the

Committee on Commerce

JULY 26, 1996

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To extend certain programs under the Energy Policy and

Conservation Act through September 30, 1996.

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

3 SECTION 1. ENERGY POLICY AND CONSERVATION ACT

4 AMENDMENTS.

5 The Energy Policy and Conservation Act is

6 amended—
2

•HR 3868 RH

1 (1) by amending section 166 (42 U.S.C. 6246)

2 to read as follows:

3 ‘‘AUTHORIZATION OF APPROPRIATIONS

4 ‘‘SEC. 166. There are authorized to be appropriated

5 for fiscal year 1996 such sums as may be necessary to

6 implement this part.’’;

7 (2) in section 181 (42 U.S.C. 6251) by striking

8 ‘‘June 30, 1996’’ both places it appears and insert9 ing in lieu thereof ‘‘September 30, 1996’’;

10 (3) by adding at the end of section 256(h) (42

11 U.S.C. 6276(h)) ‘‘There are authorized to be appro12 priated for fiscal year 1996 such sums as may be

13 necessary to carry out this part.’’; and

14 (4) in section 281 (42 U.S.C. 6285) by striking

15 ‘‘June 30, 1996’’ both places it appears and insert16 ing in lieu thereof ‘‘September 30, 1996’’.

Union Calendar No. 379

104TH CONGRESS

2D SESSION H. R. 3868

[Report No. 104–712]

A BILL

To extend certain programs under the Energy Pol1996. icy and Conservation Act through September 30,

JULY 26, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
[Federal Register Volume 73, Number 148 (Thursday, July 31, 2008)]
[Rules and Regulations]
[Page 44648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17500]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 20

[TD 9414]
RIN 1545-BE52


Grantor Retained Interest Trusts--Application of Sections 2036 
and 2039; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correcting amendment.

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

SUMMARY: This document contains a correction to final regulations (TD 
9414) that were published in the Federal Register on Monday, July 14, 
2008 (73 FR 40173). The final regulations provide guidance on the 
portion of property transferred to a trust or otherwise, that is 
properly includible in a grantor's gross estate under Internal Revenue 
Code (Code) sections 2036 and 2039 if the grantor has retained the use 
of the property or the right to an annuity, unitrust, or other payment 
from such property for life, for any period not ascertainable without 
reference to the grantor's death, or for a period that does not in fact 
end before the grantor's death.

DATES: The correction is effective on July 31, 2008 and applicable to 
the estates of decedents dying after August 16, 1954.

SUPPLEMENTARY INFORMATION: 

Background

    The final regulations (TD 9414) that is the subject of this 
correction are under sections 2036 and 2039 of the Code.

List of Subjects for 26 CFR Part 20

    Estate taxes, Reporting and recordkeeping requirements.

Correction of Publication

0
Accordingly, 26 CFR part 20 is corrected by making the following 
correcting amendment:

PART 20--ESTATE TAX; ESTATES OF DECEDENTS DYING AFTER AUGUST 16, 
1954

0
Paragraph 1. The authority citation for part 20 continues to read in 
part as follows:

    Authority: 26 U.S.C. 7805 * * *


0
Par. 2. Section 20.2036-1 is amended by adding paragraph (a)(3)(ii) to 
read as follows:


Sec.  20.2036-1   Transfers with retained life estate.

    (a) * * *
    (3) * * *
    (ii) The right, either alone or in conjunction with any other 
person or persons, to designate the person or persons who shall possess 
or enjoy the transferred property or its income (except that, if the 
transfer was made before June 7, 1932, the right to designate must be 
retained by or reserved to the decedent alone).
* * * * *

Cynthia E. Grigsby,
Senior Federal Register Liaison Officer, Publications and Regulations 
Branch, Legal Processing Division, Associate Chief Counsel (Procedure 
and Administration).
[FR Doc. E8-17500 Filed 7-30-08; 8:45 am]
BILLING CODE 4830-01-P
1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

BRAINTECH, INC., 

Plaintiff/Counter-Defendant,

vs Case No: 09-10454

Honorable Victoria A. Roberts

ADIL SHAFI,

Defendant/Counter-Plaintiff/

Third-Party Plaintiff,

vs

FREDERICK WEIDINGER AND

BRAINTECH, INC.,

Third-Party Defendant/Counter-Defendant.

__________________________________________/

ORDER

On Tuesday, May 18, 2010, the Court held a conference call on Pepper

Hamilton's Emergency Motion to Withdraw as Counsel of Record for Braintech and

Frederick Weidinger (Doc. # 27). In connection with that Motion, filed on March 8, 2010,

the Court entered an Order staying this case until May 21st, to allow Braintech and

Frederick Weidinger time to find new counsel.

In the conference call held on May 18th, Susan Koval and Anne Widlack

appeared and said they were entering an appearance for Braintech, but only to defend

Braintech on the Second Amended Counterclaim. Mr. Geoffrey Greeves appeared to

say he would file an appearance on behalf of Frederick Weidinger. Mr. J.P. Murphy

Case 2:09-cv-10454-VAR-VMM Document 32 Filed 05/19/10 Page 1 of 2
2

appeared for Adil Shafi. David Parker appeared to say he was no longer corporation

counsel for Braintech. James VandeWyndearde appeared as well.

Based on the discussion held, Pepper Hamilton's motion is GRANTED. Further,

if counsel has not filed an appearance on behalf of Braintech on or before May 21,

2010, to represent it as Plaintiff in this action, Braintech's Complaint will be DISMISSED. 

Braintech has been on notice since Pepper Hamilton filed its motion in March, and

again when this Court entered its Order on April 7th, that it would need to find

replacement counsel.

IT IS ORDERED.

 /s/ Victoria A. Roberts 

Victoria A. Roberts

United States District Judge

Dated: May 19, 2010

The undersigned certifies that a copy of this

document was served on the attorneys of

record by electronic means or U.S. Mail on

May 19, 2010.

s/Linda Vertriest 

Deputy Clerk

Case 2:09-cv-10454-VAR-VMM Document 32 Filed 05/19/10 Page 2 of 2
Exhibit 10.26

EXECUTIVE COMPENSATION PLAN 2004

EFFECTIVE DATE: JANUARY 1, 2004

|NAME:          |  | DANA KAMMERSGARD   |  | 
|-------------- |  | ------------------ |  | 
|TITLE:         |  | President          |  | 
|BASE SALARY:   |  | $350,000           |  | 
|ON-PLAN BONUS: |  | 70% of Base Salary |  | 
|              

EXHIBIT C

By signing this Executive Compensation Plan 2004 ("Plan"), you hereby agree that the terms of this Plan shall be in addition to the terms of the Employment
Agreement between you and Dot Hill dated August 2, 1999 ("Employment Agreement"), and shall replace and supercede the terms of Exhibit C of the Employment Agreement with respect to your
base salary and bonus for the year 2004. Otherwise, the terms of your Employment Agreement remain unchanged. For any period of time after December 31, 2004, your base salary and bonus shall be
subject to change, as determined by Dot Hill's Board of Directors and/or Compensation Committee ("BOD").

BONUS

Bonus is calculated based on a percentage of base salary.

Bonus
will be paid once annually as soon as practicable after an audit of the Company's fiscal year 2004 results has been completed and after the Dot Hill Board of Directors and/or
Compensation Committee ("BOD") has approved the payment.

70%
of bonus potential is tied to Dot Hill's overall 2004 forecast dated 07/26/2004 and presented to the BOD on 08/02/2004. Total eligible payout for 2004 is 46.69%.



20%
of bonus potential is subjective and may be tied to individual departmental goals and performance.

10%
of bonus potential is subjective and will be based on the Company's performance with respect to management of its working capital and cash flow.

TERMS

|Jim Lambert, President/CEO |  | Dana Kammersgard, President
|-------------------------- |  | ---------------------------

---



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                    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                    
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###### Department of Health and Human Services

###### National Institutes of Health 

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. 

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. 

*Name of Committee:*                         National Institute of Child Health and Human Development Special Emphasis Panel; Electrical Stimulation for Hemiplegic Shoulder Pain.                     

*Date:*                         August 20, 2008.                    

*Time:*                         2 p.m. to 5 p.m.                     

*Agenda:*                         To review and evaluate grant applications.                     

*Place:*                         National Institutes of Health, 6100 Executive Boulevard, Room 5B01, Rockville, MD 20852 (Telephone Conference Call).                     

*Contact Person:*                         Gopal M. Bhatnagar, PhD, Scientific Review Administrator, National Institute of Child Health and Human Development, National Institutes of Health, 6100 Bldg. Rm. 5B01, Rockville, MD 20852, (301) 435–6889,                         *bhatnagg@mail.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)

Dated: July 25, 2008. 

Jennifer Spaeth, 

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E8–17568 Filed 7–30–08; 8:45 am] 

BILLING CODE 4140–01–P
[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Page 45009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17668]


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

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The applications also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, 
nonbanking activities will be conducted throughout the United States. 
Additional information on all bank holding companies may be obtained 
from the National Information Center website at www.ffiec.gov/nic/.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than August 28, 2008.
    A. Federal Reserve Bank of Chicago (Burl Thornton, Assistant Vice 
President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:
    1. BOSP Bancshares, Inc., Sun Prairie, Wisconsin, to become a bank 
holding company by acquiring 100 percent of the voting shares of Bank 
of Sun Prairie, Sun Prairie, Wisconsin.

    Board of Governors of the Federal Reserve System, July 29, 2008.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E8-17668 Filed 7-31-08; 8:45 am]
BILLING CODE 6210-01-S
|  

**Certification Pursuant to****18 U.S.C. Section 1350 as Adopted Pursuant to**

**Section 906****of the Sarbanes-Oxley Act of 2002**

In connection with the Quarterly Report of MASS Petroleum Inc., (the “Company”) on Form 10-Q for the period ended August 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Gary Chayko, Chief Executive Officer of the Company certify, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to 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 the Company.

By: /s/*Gary Chayko*Gary ChaykoPresident and Chief Executive Officer

October 20, 2010                                |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|