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



Exhibit 10.4



AMENDMENT NO. 2 TO
EXECUTIVE CHANGE OF CONTROL TERMINATION AGREEMENT
This Amendment No. 2, dated February 5, 2020 (the “Effective Date”), to Executive Change of Control Termination Agreement (the “Second Amendment”) between ENTEGRIS, INC., a Delaware corporation with headquarters offices at 129 Concord Road, Billerica, MA 01821 (the “Company”), and BERTRAND LOY (the “Executive”).
RECITALS
A.    The Company believes that it is in the best interests of the Company and of its stockholders to provide for the continuity of management in general, and the retention of Executive in particular, in the event of a change of control of the Company and, to that end, the Company and the Executive entered into an Executive Change of Control Termination Agreement, dated as of August 10, 2005, and an Amendment No. 1 to Executive Change in Control Termination Agreement, dated as of April 26, 2013 (as so amended, the “Change of Control Agreement”).
B.    The Company and the Executive desire to amend the Change of Control Agreement as provided herein.
NOW, THEREFORE, in consideration of the foregoing premises, of the mutual promises of the parties made herein and of other consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1.    Section 3.01 of the Change of Control Agreement is hereby amended to replace the words “two times” with the words “three (3) times” in each of the two places where those words appear in that section. 
2.    Section 3.01 of the Change of Control Agreement is hereby amended to replace the words “two years” with the words “three (3) years” in the place where those words appear in that section. 
3.    Section 5.03(a) of the Change of Control Agreement is hereby amended to replace the words “two (2) years” with the words “three (3) years” in the place where those words appear in that section.
4.    The Change of Control Agreement as amended by this Second Amendment shall take effect as of the Effective Date. The Change of Control Agreement, as amended hereby, shall remain in full force and effect and shall be deemed to be the “COC Agreement” as defined in the Executive Employment Agreement, dated as of November 28, 2012, between the Company and the Executive.




B5087045.3


Exhibit 10.4





IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
ENTEGRIS, INC.                    EXECUTIVE:




By:     /s/ Susan Rice                    /s/ Bertrand Loy                
Name:    Susan Rice                    Name: Bertrand Loy
Title:    SVP, Global Human Resources




B5087045.3
#### Aurelia Lawyer, Respondent, v. Alice E. White and Others, Appellants.

Judgment and order affirmed, with costs. All concurred.
#### J. R. Clark v. State

No. 25590.

December 19, 1951.

Hon. W. C. Dowdy, Judge Presiding.

*Dwight Whitwell,*McKinney, for appellant.

*Henry Wade,*Criminal District Attorney, *Charles S. Potts*and *Porter K. Johnston,*Assistants Criminal District Attorney, Dallas, and *George P. Blackburn,*State’s Attorney, Austin, for the state.

MORRISON, Judge.

The offense is burglary of a private residence at night; the punishment, forty years.

*527The indictment was returned by the grand jury of Dallas County, and the case was tried on change of venue in Collin County.

In view of our disposition of the case, a discussion of the facts will not be necessary.

Bill of Exceptions No. 4 reflects that Mr. MacNieoll, Assistant District Attorney of Dallas County, in his argument to the jury said:

> “Here is another thing, gentlemen. This fellow Clark over here, (Referring to Defendant) I wish to God that you knew him as Wade and I know him. You would know from the facts that this bird over here is capable of going in to a home without rousing anybody and even carry out one of those television sets, just like he did do.

> “Perhaps aided by his lookout, by his woman, that he had lived with for five long years. That his own family don’t even know — rather, they say they don’t know that he has a baby by this woman who was with him on this night. Gentlemen, if you are going to listen to that tribe of Clarks, you will give this defendant here, who I consider, under the facts, one of the worst men in Texas, a life sentence.”

Appellant had not testified nor had he put his reputation in issue.

This argument is tantamount to unsworn testimony that the prosecutor knew appellant to be an accomplished burglar, thus injecting some new and harmful fact into the case, and constitutes such a flagrant violation of all the rules as to require a reversal hereof, even though the trial court recognized that such argument was improper and so instructed the jury in writing.

Judgment reversed and the cause remanded.
**Exhibit 32.1**

**WABCO HOLDINGS INC.**

**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 WABCO Holdings Inc. (the “Company”) on Form 10-Q for the quarter ended September 30, 2007 asfiled with the Securities and Exchange Commission on the date hereof (the “Report”), I, Jacques Esculier, the Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of theSarbanes-Oxley Act of 2002, that: 

(i) the Report fully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and 

(ii) the information contained in the Report fairly presents, in all material respects, the financialcondition and results of operations of the Company as of and for the periods covered in the Report. 

 

Dated: November 8, 2007
| 1. | Defined      Terms. All      capitalized terms used in this Agreement and not defined herein shall have      the meanings given to them in the Loan Agreement and the First      Amendment.                                                          |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 2. | Amendment.      The Loan Agerement, the Promissory Notes that form part of the Exhibits      thereto are hereby amended to extend the date upon which the Promissory      Notes and accrued interest shall be deemed paid in full to June 30,      2010.  |
| 3. | Loan      Documents. Except as expressly amended by the terms of this      Amendment, all of the terms, conditions and provisions of the Loan      Documens shall remain in full force and    effect.                                                          |

|   | LIGHTNING      POKER, INC.                                                                                                          |
|--------|------------------------------------------------------------------------------------------------------------------------------------------|
|   | By: /s/ Robert      Ciunci          March 26,      2009                           |
|   | Title:      CFO                                                                                                                     |
|   | LENDER                                                                                                                              |
|   | THE      CO-INVESTMENT FUND II, L.P.                                                                                                |
|   | By:      Co-Invest Management II, L.P. its general partner                                                                          |
|   | By:      Co-Invest Capital Partners, Inc. its general partner                                                                       |
|   | By: /s/ Brian      K.      Adamsley                      |
|   | Title:      CFO & Treasurer                                                                                                     |
#### J. M. Snow v. State.

No. 25285.

May 2, 1951.

Hon. S. H. Sanders, Presiding Judge.

*M. D. Emerson,*Paris, for appellant.

*George P. Blackburn,*State’s Attorney, Austin, for the state.

BEAUCHAMP, Judge.

The appeal is from a conviction for robbery with a sentence of five years in the penitentiary.

The sole question presented in this appeal for our consideration is the sufficiency of the indictment. As returned by the grand jury it contains three counts. The state elected to prosecute under the third count which alleges the fraudulent taking of an automobile in the following language: “* * * in and upon Frank Scott did make an assault and did then and there by violence to the said Frank Scott and by putting the said Frank Scott in fear of life and bodily injury, fraudulently and without the consent of the said Frank Scott take from the possession of the said Frank Scott, one automobile of the value of $1000.00, with intent to deprive the said Frank Scott of the same and to appropriate the same to the use and benefit of them the said Bill H. Irvin and J. M. Snow.”

The appellant timely filed a motion to quash the foregoing count in the indictment on the ground that there is no allegation of the ownership of the automobile. The court charged the jury as follows: “If the said automobile was in possession of Frank Scott, and under his control, then the ownership can be alleged in him.” This does not, however, cure the defect in the indictment. It does not allege the ownership to be in the prosecuting witness. It merely alleges possession.

*50In Higgins v. State, 19 S.W. 503, we find a discussion of the identical question in which the statute (now Article 1408 P.C.) is discussed. It was there held that an indictment for robbery, though it follows substantially the words of the statute defining the offense, is insufficient if it fails to allege the ownership of the property taken. This opinion seems to have been followed by the court to the present date and is logical, for the reasons thoroughly discussed in the Higgins case. See Texas Jur. Vol. 37, p. 20, Sec. 19, from which we quote:

> “The indictment must allege in some way the ownership of the property taken; that is, it must show by proper averment that the property belonged to some person other than the accused, or that the person deprived of its possession was entitled thereto as against the accused.”

We also refer to Wilson’s Texas Criminal Forms, (Form No. 632) and authorities annotated and relied upon as supporting the form which makes an allegation of ownership in a person other than the accused.

For the reason stated, we hold that the third count in the indictment alleging robbery and the taking of an automobile is invalid. The judgment of the trial court is, accordingly, reversed.
United States Court of Appeals

for the Fifth Circuit ____________

No. 22-51076

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Jose Humberto Hernandez-Mendez, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Western District of Texas

USDC No. 4:22-CR-637-1

______________________________

Before Jones, Stewart, and Duncan, Circuit Judges.

Per Curiam:*

Jose Humberto Hernandez-Mendez appeals his sentence of 30 

months of imprisonment and three years of supervised release imposed 

following his guilty plea conviction for illegal reentry after removal. He 

argues that the enhanced punishment provision in 8 U.S.C. § 1326(b) is 

unconstitutional because it allows a sentence above the otherwise applicable 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

June 2, 2023

Lyle W. Cayce

Clerk

Case: 22-51076 Document: 00516773696 Page: 1 Date Filed: 06/02/2023
No. 22-51076

2

statutory maximum of two years of imprisonment and one year of supervised 

release based on facts that are neither alleged in the indictment nor found by 

a jury beyond a reasonable doubt. See also 8 U.S.C. § 1326(a) (setting 

otherwise applicable two-year maximum prison term); 18 U.S.C. §§ 3559(a)

(classifying felonies), 3583(b) (setting maximum supervised release terms for 

different felony classes).

Hernandez-Mendez has filed an unopposed motion for summary 

disposition and a letter brief correctly conceding that the only issue he raises 

is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). See

United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019). He explains that 

he has raised the issue to preserve it for possible further review. Accordingly, 

because summary disposition is appropriate, see Groendyke Transp., Inc. v. 

Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Hernandez-Mendez’s motion is 

GRANTED, and the district court’s judgment is AFFIRMED.

Case: 22-51076 Document: 00516773696 Page: 2 Date Filed: 06/02/2023
[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Notices]
[Page 47195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18744]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Center for Research Resources; Cancellation of Meeting

    Notice is hereby given of the cancellation of the Clinical Research 
Review Committee, September 24, 2008, 8 a.m. to September 24, 2008, 5 
p.m., Hilton Washington DC/Rockville, Hotel & Executive Meeting Center, 
1750 Rockville Pike, Rockville, MD 20852 which was published in the 
Federal Register on July 31, 2008, 73 FR 148 page 44756.
    This meeting will be replaced by a Special Emphasis Panel.

    Dated: August 7, 2008.
Anna Snouffer,
Deputy Director, Office of Federal Advisory Committee Policy.
[FR Doc. E8-18744 Filed 8-12-08; 8:45 am]
BILLING CODE 4140-01-M
**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 Quarterly Report of Pro Financial Holdings, Inc. (the
“Company”) on Form 10-QSB for the quarter ended March 31, 2007 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, B.
      Bryan Robinson, Chief Executive Officer and Principal Accounting Officer of
      the
      Company, certify, pursuant to 18 U.S.C. § 1350, as added by Section 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)  To
      my
      knowledge, 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 period covered by the Report.




Date: May
              15,
              2007
            By:
            */s/
              B. Bryan Robinson*B.
              Bryan RobinsonPresident,
              Chief
              Executive Officerand Principal Accounting Officer




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.
[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Notices]
[Pages 47931-47937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18654]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal Nos. 08-98]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION: Notice.

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SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Public Law 104-164 dated 21 
July 1996.

FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCAIDBO/CFM, (703) 
601-3740.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittals 08-98 with attached transmittal, policy 
justification, and Sensitivity of Technology.

    Dated: August 5, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-M

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[FR Doc. E8-18654 Filed 8-14-08; 8:45 am]
BILLING CODE 5001-06-C
EXHIBIT 32.2

CERTIFICATION OF CHIEF 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 on Form 10-Q of Electric Car Company, Inc. (the Company) for the quarterly period ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned Chief Financial Officer of the Company hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that based on his knowledge:

(1)

the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

(2)

the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: November 24, 2010

| |                                                      
| | -----------------------------------------------------
| |                                                      
| |                                                      
| | /s/ Gary Spaniak                                     
| | Gary Spaniak                                         
| | Chief Financial Officer
(Principal Financial Officer)
#### Manufacturers’ Commercial Company v. Henry Blitz

Motion granted on payment of ten dollars costs. Settle order on notice.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03

- 18

- 00408

- CV

In re David D. Gonzalez, as an Individual and as Trustee

, and Gonzalez Financial Holdings, Inc.

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N

The petition for writ of mandamus and relator’s motion for emergency temporary

relief are denied. See Tex. R. App. P. 52.8(a) , 52.10

.

__________________________________________

Bob Pemberton, Justice

Before Justices Puryear, Pemberton, and Bourland

Fi led: June 20, 2018
Exhibit 32.2




CERTIFICATION
OF CHIEF FINANCIAL OFFICER




I, Carl
Oberg, Chief Financial Officer of Classic Costume Company, Inc.,  (the
“Registrant”), do hereby certify in accordance with 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based
on my knowledge:




(1)    the
Quarterly Report on Form 10-Q of the Registrant, to which this certification is
attached as an exhibit (the “Report”), fully complies with the requirements of
Section 13(a) 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
Registrant.




Dated:
May 16, 2008




/s/
      Carl Oberg
              Carl
      ObergChief
      Financial Officer(Principal
      Financial Officer)
#### UNITED STATES of America v. BOARD OF COUNTY COMMISSIONERS OF PAWNEE COUNTY, OKLAHOMA.

No. 1690.

Circuit Court of Appeals, Tenth Circuit.

April 11, 1938.

Chester A. Brewer, Asst. U. S. Atty., of Tulsa, Okl.

Horace Ballaine, County Atty., of Pawnee, Okl., for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PEB CURIAM.

Appeal dismissed on motion of appellant.
Exhibit 32.1

SECTION 906 CERTIFICATION OF ASHLEY B. BLOOM


CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Ashley B. Bloom, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual
Report of Capitol First Corporation on Form 10-KSB for the year ended September
30, 2004 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Annual
Report on Form 10-KSB fairly presents in all material respects the financial
condition and results of operations of Capitol First Corporation.

Date:  December 29, 2004

                                       By: /s/ ASHLEY B. BLOOM
                                           -------------------------------------
                                           Name:  Ashley B. Bloom
                                           Title: Acting Chief Executive Officer
                                                  and Acting President
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

KISHAWN DOWE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D21-3112

[April 14, 2022]

Appeal of order denying rule 3.800 motion from the Circuit Court for 

the Seventeenth Judicial Circuit, Broward County; Martin S. Fein, Judge; 

L.T. Case No. 06-009164-CF-10A.

W. Charles Fletcher of Law Office of W. Charles Fletcher, Jacksonville, 

for appellant.

Ashley Moody, Attorney General, Tallahassee, and Sorraya M. SolagesJones, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

CONNER, C.J., GROSS and GERBER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit 13.1







CERTIFICATION PURSUANT TO

18 U.S.C.  §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002







In connection with the Annual Report of MIGENIX Inc. (the Company) on Form 20-F for the year ended April 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James M. DeMesa, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.  §1350, as adopted pursuant to Section 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.









/s/ James M. DeMesa

James M. DeMesa, M.D.

President and Chief Executive Officer

August 1, 2007



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