alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
584 A.2d 202

#### STATE OF NEW JERSEY v. BENJAMIN SANTIAGO.

May 1, 1990.

Petition for certification denied.
**Exhibit32.2**

 

**CERTIFICATIONPURSUANT TO**

**18 U.S.C.SECTION 1350,**

**AS ADOPTEDPURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Blyth, Inc. (the “Company”) on Form 10-Q for the periodending July 31, 2004 as filed with the Securities and Exchange Commission onthe date hereof (the “Report”), I, Robert H. Barghaus, Vice President and ChiefFinancial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)                                  The Reportfully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)                                  The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and result of operations of the Company.

 

 
|   | /s/ Robert H. Barghaus                     |   |
|--------|--------------------------------------------|--------|
|   | Robert H. Barghaus                         |
|   | Vice President and Chief Financial Officer |
|   | September 9, 2004                          |

 

This certification is made solely for the purpose of18 U.S.C. § 1350, subject to the knowledge standard contained therein, and notfor any other purpose.

 

----
<TABLE> <S> <C>

<ARTICLE>       5
<LEGEND>
This schedule contains summary financial information extracted from the
Balance Sheet at September 30, 1996 (unaudited) and Statements of Income for
the three months ended September 30, 1996 (unaudited) and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
       
<S>                                        <C>    
<PERIOD-TYPE>                                        3-MOS
<FISCAL-YEAR-END>                              MAR-31-1997
<PERIOD-END>                                   SEP-30-1996
<CASH>                                           8,354,000
<SECURITIES>                                             0
<RECEIVABLES>                                    2,316,000
<ALLOWANCES>                                     (177,000)
<INVENTORY>                                        647,000
<CURRENT-ASSETS>                                11,352,000
<PP&E>                                           2,676,000
<DEPRECIATION>                                 (1,215,000)
<TOTAL-ASSETS>                                  12,813,000
<CURRENT-LIABILITIES>                            1,297,000
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                         6,742,000
<OTHER-SE>                                       4,774,000
<TOTAL-LIABILITY-AND-EQUITY>                    12,813,000
<SALES>                                          4,939,000
<TOTAL-REVENUES>                                 4,939,000
<CGS>                                            2,893,000
<TOTAL-COSTS>                                    2,893,000
<OTHER-EXPENSES>                                 1,066,000
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   1,000
<INCOME-PRETAX>                                  1,057,000
<INCOME-TAX>                                       385,000
<INCOME-CONTINUING>                                672,000
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                       672,000
<EPS-PRIMARY>                                          .21
<EPS-DILUTED>                                          .21

        

</TABLE>
Exhibit 31.3

CERTIFICATIONS

I, William B. Cyr, certify that:

1.  I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Freshpet, Inc. for the year ended December 31, 2016; and

2.  Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.

Date: May 1, 2017

/s/ William B. Cyr              _

William B. Cyr

Chief Executive Officer
<PAGE>

                                                                 Exhibit 10.47

CV THERAPEUTICS
INTEROFFICE MEMORANDUM



DATE:        SEPTEMBER 15, 1997

TO:          Louis Lange

FROM:        Kathy Stafford

SUBJECT:     Transition Agreement

-------------------------------------------------------------------------------
As we have discussed over the last few weeks, I would like to formalize my 
exit as CFO at CV Therapeutics. I have very much enjoyed my time with the 
company and am excited by the prospects for CVT. However, for personal 
reasons - not the least of which is a 100+ mile per day commute and a desire 
to spend more time with my children - I need to return to project consulting 
for CVT on a more limited basis.

I have outlined below our agreement regarding my transition:

1. RECRUITING A NEW CFO

     CVT will initiate a search immediately for a new CFO, and I will 
     cooperate in any way required to recruit a suitable replacement

2. TIME COMMITMENT
     I will remain as CFO until the earlier of 12/31/97, or when a 
     replacement is found, working 24 hours per week. I will become a 
     consultant to CVT on 1/1/98. If a new CFO has not been secured by then, 
     I will commit to 20 hours per week until March 31, 1998. The earlier of 
     March 31, 1998 or when a CFO replacement is named, I will convert to a 
     project consultant and commit to four (4) days per month.

3. COMPENSATION

CASH
   - From September 15 to December 31, my salary will be set at $125,000 per 
     annum. If we close any kind of financing before March 31, 1998, I will 
     receive a one time payment of $20,000. In addition, I will be eligible 
     for full bonus consideration for my work in 1997, not prorated for part 
     time work. My car and cell phone allowance of $1,000 per month will 
     remain in effect until 12/31/97.

<PAGE>

3. COMPENSATION (CON'T)

   - From 1/1/98 until 3/31/98, or until a CFO replacement has been named, 
     whichever comes first, I will be compensated at the rate of $135 per 
     hour, plus car and cell phone expenses. I will not be eligible for CVT 
     benefits, except that which is available through COBRA.

   - Thereafter, I will receive $4,167 per month for twelve months. Any cash 
     compensation after the twelve months will be mutually agreed by CVT and 
     me. 

STOCK:

   - Under all scenarios above, my stock will continue to vest on its current 
     schedule. I am aware that when my status converts from employee to 
     consultant, any unvested stock options will convert to NQ status.

OTHER:

     I will keep the title of CFO until 12/31/97. From 1/1/98 until 3/31/98 
     (or earlier if a CFO replacement has been named), I will use the title 
     of Acting CFO. Thereafter I will carry no title.

     Please sign Below to indicate your agreement with the summary above.


     /s/ Louis Lange                             /s/ Kathy Stafford
     ------------------------------              ------------------------------
     Louis Lange                                 Kathy Stafford
#### STATE of Louisiana v. Terrence C. HALL.

No. 2009-OK-2660.

Supreme Court of Louisiana.

Oct. 19, 2010.

*271James D. Caldwell, Attorney General, Paul D. Connick, Jr., Dist. Atty., Desired Marie Valenti, Terry Michael Boudreaux, Asst. Dist. Attys., for Applicant.

Joseph Anthony Marino, Jr., Gretna, for Respondent.

PER CURIAM.*

We granted the writ application for the sole issue of deciding whether a notice to seek a writ of review made orally by the State in open court should be treated as a motion for appeal for timeliness purposes pursuant to Louisiana Code of Criminal Procedure article 914. However, after considering the record and the oral argument before the Court, it was discovered the trial judge set a return date for the writ, by which the State did not comply. Louisiana Code of Criminal Procedure article 915 instructs “the return date shall be seventy-five days from the date the motion for appeal is granted, unless the trial judge fixes a lesser period.” Therefore, even if we were to treat the notice to seek a writ as a timely-filed motion for appeal, the State did not adhere to the lesser period fixed by the trial judge. Accordingly, we recall the writ as improvidently granted.

WRIT GRANT RECALLED; WRIT DENIED.

WEIMER, J., concurs in part and dissents in part.

*

 Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.

WEIMER, J.,

concurring in part and dissenting in part.

|jl concur in the ultimate disposition of this matter, but would not recall the writ. As the majority notes, the record reflects that the trial judge set a return date with which the State did not comply. I would resolve the case on that basis.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM CONSOLIDATED FINANCIAL STATEMENTS FOR THE QUARTERLY PERIOD ENDED
DECEMBER 31, 1998.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                                        <C>
<PERIOD-TYPE>                                       9-MOS
<FISCAL-YEAR-END>                             MAR-31-1999
<PERIOD-END>                                  DEC-31-1998
<CASH>                                             11,365
<SECURITIES>                                            0
<RECEIVABLES>                                      80,713
<ALLOWANCES>                                      (3,761)
<INVENTORY>                                        22,251
<CURRENT-ASSETS>                                  114,705
<PP&E>                                            253,265
<DEPRECIATION>                                   (36,775)
<TOTAL-ASSETS>                                    430,621
<CURRENT-LIABILITIES>                              75,896
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                              143
<OTHER-SE>                                        187,930
<TOTAL-LIABILITY-AND-EQUITY>                      430,621
<SALES>                                           306,648
<TOTAL-REVENUES>                                  306,648
<CGS>                                             210,011
<TOTAL-COSTS>                                     210,011
<OTHER-EXPENSES>                                   53,836
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                  5,615
<INCOME-PRETAX>                                    37,186
<INCOME-TAX>                                       14,502
<INCOME-CONTINUING>                                22,684
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                       22,684
<EPS-PRIMARY>                                        1.68
<EPS-DILUTED>                                        1.63
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET OF MULTIMEDIA ACCESS CORPORATION AND SUBSIDIARIES AS
OF SEPTEMBER 30, 1998 (UNAUDITED) AND THE RELATED CONSOLIDATED STATEMENT OF
OPERATIONS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 1998 (UNAUDITED) AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         131,340
<SECURITIES>                                         0
<RECEIVABLES>                                3,063,313
<ALLOWANCES>                                   152,000
<INVENTORY>                                  2,890,744
<CURRENT-ASSETS>                             6,250,609
<PP&E>                                       2,078,211
<DEPRECIATION>                                 821,409
<TOTAL-ASSETS>                              10,246,838
<CURRENT-LIABILITIES>                        5,774,242
<BONDS>                                      1,360,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         36
<COMMON>                                         1,069
<OTHER-SE>                                   3,111,491
<TOTAL-LIABILITY-AND-EQUITY>                10,246,838
<SALES>                                      6,897,458
<TOTAL-REVENUES>                             7,049,173
<CGS>                                        3,614,300
<TOTAL-COSTS>                                3,614,300
<OTHER-EXPENSES>                             2,601,232
<LOSS-PROVISION>                                98,485
<INTEREST-EXPENSE>                             579,033
<INCOME-PRETAX>                            (5,305,915)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (5,305,913)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,305,913)
<EPS-PRIMARY>                                   (0.60)
<EPS-DILUTED>                                   (0.60)
        

</TABLE>
585 A.2d 339

#### IN THE MATTER OF THE ESTATE OF EVA A. STEWART.

July 10, 1990.

Petition for certification denied.
585 A.2d 341

#### STATE OF NEW JERSEY v. EDWIN CHINO ORTIZ.

July 10, 1990.

Petition for certification denied.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED OC TOBER 2, 2018

NO. 03

- 18

- 00541

- CR

Robert Thomas, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 390TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES PURYEAR, GO ODW IN, AND BOURLAND

DISMISSED FOR WANT OF JURISDICTION

-- OPINION BY JUSTICE PURYEAR

This is an appeal from the judgment of conviction r en d ered by the tr i a l court. Having reviewed

the record, it ap pears that the Court lacks jurisdiction over this appeal. Therefore, the Court

dismisses the appeal for want of jurisdiction

. Because appellant is indigent and unable to pay

costs, no adjudication of costs is made.
Order entered January 12 , 2015

In The 

## Court of Appeals **Fifth District of Texas at Dallas** No. 05 - 14 - 01222 - CV IN THE I NTEREST OF D.C. AND Q.C., CHILDREN On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429 - 01 053 - 2013 

### O RDER We GRANT appellant’s January 8, 2015 motion for extension of time for filing records and briefs TO THE EXTENT that the clerk’s record and reporter’s record shall be filed by FEBRUARY 23, 2015 . Appellant’s brief will be due thirty days aft er the later of the date the clerk’s record or reporter’s record is filed. See T EX . R. A PP . P. 38.6(a).

/s/ ELIZABETH LANG

- MIERS JUSTICE
ex_310508.htm


Exhibit 10.2


Fifth Amendment to Employment Agreement


 


This Fifth Amendment (“Fifth Amendment”), to the Employment Agreement (the "Agreement") dated January 6, 2017 between Usio, Inc. ("Usio") and Tom Jewell (“Executive") is made on the 22nd day of November, 2021, and is made part of the Agreement which is hereby amended as follows:


 


1.           Definitions.  All capitalized terms used herein and not expressly defined herein shall have the respective meanings given to such terms in the Agreement.


 


2.           Entire Agreement.  Except as expressly modified by this Fifth Amendment, the Agreement shall be and remain in full force and effect in accordance with its terms and shall constitute the legal, valid, binding and enforceable obligations of Usio and Executive.


 


3.           Successors and Assigns.  This Fifth Amendment shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto.


 


4.           Section References.  Section titles and references used in this Fifth Amendment shall be without substantive meaning or content of any kind whatsoever and are not a part of the agreements among the parties hereto evidenced hereby.


 


5.           Now, therefore, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the adequacy, receipt and sufficiency of which are hereby acknowledged:


 


	
			a.

				
			  The Base Salary as set forth in Schedule 4(a) of Schedule 1 to the Agreement is hereby amended to be $325,000 per annum effective November 22, 2021.

			



 


This Fifth Amendment amends the Agreement as set forth herein. All previously existing obligations under the Agreement are hereby reaffirmed in all respects.


 


In witness thereof, the parties hereto have caused this Fifth Amendment to the Employment Agreement on the day and year first above written.


 


	
			Usio, Inc.

				 	
			Executive

			
	 	 	 
	 	 	 
	
			By: /s/ Louis A. Hoch___________________

				 	
			By: /s/ Tom Jewell________________

			
	
			Name: Louis A. Hoch

				 	
			Name: Tom Jewell

			
	
			Title: Chief Executive Officer and President

				 	
			Title: Chief Financial Officer
648 A.2d 705

#### IN THE MATTER OF RICHARD J. SILBERFEIN, AN ATTORNEY AT LAW.

October 14, 1994.

ORDER

The Disciplinary Review Board having filed a report with the Court recommending that RICHARD J. SILBERFEIN of HO-BOKEN, who was admitted to the bar of this State in 1989, and who consented to his temporary suspension from practice effective June 21, 1994, and who remains suspended at this time, be suspended from practice for a period of three months on the basis of respondent’s conviction of possession of cocaine, conduct that reflects adversely on respondent’s fitness to practice law, in violation of *RPC*8.4(b);

And respondent having filed with the Court a petition for restoration to practice pursuant to his June 1994 consent to a temporary suspension, and the Office of Attorney Ethics having no objection to the relief sought;

And good cause appearing;

It is ORDERED that the report and recommendation of the Disciplinary Review Board are adopted and RICHARD J. SIL-BERFEIN is suspended from the practice of law for a period of three months, the suspension to be retroactive to June 21, 1994; and it is further

ORDERED that respondent be restored to the practice of law, effective immediately; and it is further

ORDERED that the entire record of this matter be made a permanent part of respondent’s file as an attorney at law of this State; and it is further

*52ORDERED that respondent reimburse the Office of Attorney Ethics and the Disciplinary Review Board for appropriate administrative costs incurred in the prosecution of this matter.
Document Headings

                    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                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Delegation of Authority No. 333]

                    By virtue of the authority vested in the Secretary of State by the laws of the United States, including by Section 101 of the Chemical Weapons Convention Implementation Act of 1998, Division I of Pub. L. 105-277, codified at 22 U.S.C. 6711(c), and delegated to me by Section 2(a)(12) of Delegation of Authority 293-1, dated January 12, 2007, I hereby re-delegate to the Director, Office of Chemical and Biological Weapons Affairs, Bureau of Arms Control,                           ( print page 62917)                        Verification, and Compliance, to the extent authorized by law, the authorities and functions pertaining to the Director of the United States National Authority. This delegation of authority shall take effect on October 1, 2010.                

As used in this delegation of authority, the word “function” includes any duty, obligation, power, authority, responsibility, right, privilege, discretion or activity. A reference in this delegation of authority to a statute or delegation of authority shall be deemed to be a reference to such statute or delegation of authority as amended from time to time.

Notwithstanding any provision of this delegation of authority, the Secretary of State, the Deputy Secretary, the Deputy Secretary for Management and Resources, and the Under Secretary for Arms Control and International Security may at any time exercise any function delegated by this delegation of authority.

                    This delegation of authority shall be published in the                     **Federal Register**                    .                

Dated: September 24, 2010.

Ellen O. Tauscher,

Under Secretary of State for Arms Control and International Security.

[FR Doc. 2010-25613 Filed 10-12-10; 8:45 am]

BILLING CODE 4710-27-P
585 A.2d 340

#### STATE OF NEW JERSEY v. RICHARD A. ROLLIS.

July 10, 1990.

Petition for certification denied.
Fourth Court of Appeals

San Antonio, Texas

August 21, 2018

No. 04-18-00510-CR

Rene Orlando TORRES,

Appellant

v.

The STATE of Texas,

Appellee

From the 186th Judicial District Court, Bexar County, Texas

Trial Court No. 2017CR7050

Honorable Dick Alcala, Judge Presiding

O R D E R

The trial court’s certification in this appeal states “this criminal case is a plea-bargain 

case, and the defendant has NO right of appeal.” The clerk’s record contains a written plea 

bargain, and the punishment assessed did not exceed the punishment recommended by the 

prosecutor and agreed to by the defendant; therefore, the trial court’s certification accurately 

reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) 

of the Texas Rules of Appellate Procedure provides: “The appeal must be dismissed if a 

certification that shows the defendant has a right of appeal has not been made part of the record 

under these rules.” TEX. R. APP. P. 25.2(d). It is therefore ORDERED that this appeal will be 

dismissed pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant 

causes an amended trial court certification to be filed within ten days of the date of this order, 

showing appellant has the right of appeal. See TEX. R. APP. P. 25.2(d), 37.1; see also Dears v. 

State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—

San Antonio 2003, no pet.). All other appellate deadlines are SUSPENDED pending our 

resolution of the certification issue.

_________________________________

Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 21st day of August, 2018.

___________________________________

Keith E. Hottle

Clerk of Court