alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.2


 


AMENDMENT TO
CONSULTING AGREEMENT


 


This Amendment to Consulting
Agreement (“Amendment”) is made and entered into effective as of February 28, 2020 by and between FlexShopper,
Inc., a Delaware corporation (the “Company”), and XLR8 Capital Partners LLC (“Consultant”
and, together with the Company, the “Parties”).


 


W I T N E S S
E T H:


 


WHEREAS, the
Parties entered into the Consulting Agreement dated as of February 19, 2019 (the “Agreement”) (all capitalized
terms used herein without a definition shall have the meaning ascribed to them in the Agreement); and


 


WHEREAS, the
Company and Consultant desire to extend the term of the Agreement as set forth herein below.


 


NOW, THEREFORE,
in consideration of the premises and mutual covenants set forth herein, and for other good and valuable consideration, the receipt
and sufficiency of which are mutually acknowledged, the Company and Consultant hereby agree as follows:


 


1. The Parties hereby
agree that the Term of the Agreement, as set forth in Section 1 shall be revised as follows: the Term shall continue for six months,
through August 31, 2020.


 


2. The Parties hereby
agree that the Services to be provided by Consultant set forth in Section 2(a) of the Agreement shall be revised to solely include
technology consulting, general business strategy, management team development, corporate culture improvement, employee and talent
recruitment and training, and any other reasonable request of the Company.


 


3. The Parties hereby
agree that the Agent providing the Services on behalf of Consultant set forth in Section 2(b) of the Agreement shall be changed
to Howard Dvorkin, or any other employee, agent or contractor of Consultant agreeable to the Parties.


 


4. The Parties hereby
agree that the Compensation set forth in Section 3 of the Agreement shall be modified by deleting clause (a) of Section 3, agreeing
that the Company will no longer pay Consultant $20,000 per month, but the remaining obligations of Section 3 shall remain in full
force and effect, namely the issuance by the Company to Consultant of 40,000 Warrants each month, priced in arrears on the last
day of trading of the month.


 


6. Except as specifically
amended herein, the Parties hereby ratify and confirm their obligations under the Agreement, which shall remain in full force and
effect without further change or modification.


 




    1| Page


     


    

  


The undersigned have
executed this Amendment, to be effective upon the date first set forth above.


 


	
        FLEXSHOPPER, INC.
	 
	 	 
	By: 	                    	 
	Name: 	 	 
	Title:	 	 
	 	 	 
	XLR8 CAPITAL PARTNERS, LLC	 
	 	 
	By: 	 	 
	Name:	 	 
	Title:	 	 


 




 


2| Page
# NASA’S SpaceX Crew-7 Members Prepare for Their Mission

On April 28, 2023, the Crew-7 members (from left, Roscosmos cosmonaut Konstantin Borisov, European Space Agency astronaut Andreas Mogensen, NASA astronaut Jasmin Moghbeli, and Japan Aerospace Exploration Agency astronaut Satoshi Furukawa) took a moment to snap a photo atop an emergency egress vehicle at NASA's Kennedy Space Center in Florida.

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| (logo) WELLS FARGO | **Corporate Trust Services**

  MAC R1204-010  9062 Old Annapolis Road  Columbia, MD 21045  Tel: 410 884 2000  Fax: 410 715 2380 |
|--------------------|----------------------------------------------------------------------------------------------------------------------------------|

 

 

Re: Annual Statement ofCompliance for COMM2014-UBS5 Commercial Mortgage Pass- Through Certificates

 

 

Per the Pooling and ServicingAgreement dated as of September 1, 2014 (the "Agreement"), the undersigned,a duly authorized officer of Wells Fargo Bank, N.A., as CertificateAdministrator ("Wells Fargo"), hereby certifies as follows as of andfor the year ending December 31, 2016 (the "Reporting Period"):

 

(a) A review of Wells Fargo'sactivities during the Reporting Period and of its performance under theAgreement has been made under such officer's supervision; and

 

(b) To the best of suchofficer's knowledge, based on such review, Wells Fargo has fulfilled all of itsobligations under the Agreement in all material respects throughout theReporting Period.

 

 

February 27, 2017

 

 

/s/Brian Smith

BRIAN SMITH

Vice President

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
EXHIBIT 31.1





Certification of CEO Pursuant to


Securities Exchange Act Rules 13a-14 and 15d-14


as Adopted Pursuant to Section 302 of the


Sarbanes-Oxley Act of 2002








I, Bryan A. Scott, certify that:





1.   I have reviewed this annual report on Form 10-K of Metiscan, Inc.;





2.   Based on my knowledge, this annual 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 annual report;





3.   Based on my knowledge, the financial statements, and other financial information included in this annual report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report;





4.   I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:





a)   designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to me by others within those entities,  particularly during the period in which this annual report is being prepared;





b)   evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; and





c)   disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and





5.   I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):





a)   all significant deficiencies and material weaknesses in the design or operation of internal  controls over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and





b)   any fraud, whether or not material,  that involves management or other employees who have a significant role in the registrant's internal controls over financial reporting.




April 7, 2011


/s/ Bryan A. ScottBryan A. Scott

President, Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                       2,426,068
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 24,625,298
<INVESTMENTS-CARRYING>                       8,485,573
<INVESTMENTS-MARKET>                         8,260,000
<LOANS>                                     65,980,601
<ALLOWANCE>                                    835,397
<TOTAL-ASSETS>                             103,457,960
<DEPOSITS>                                  86,989,777
<SHORT-TERM>                                 3,600,000
<LIABILITIES-OTHER>                          1,089,709
<LONG-TERM>                                    312,815
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         6,088
<OTHER-SE>                                  11,634,805
<TOTAL-LIABILITIES-AND-EQUITY>             103,457,960
<INTEREST-LOAN>                              1,404,713
<INTEREST-INVEST>                              472,374
<INTEREST-OTHER>                                37,655
<INTEREST-TOTAL>                             1,914,742
<INTEREST-DEPOSIT>                             950,161
<INTEREST-EXPENSE>                           1,002,038
<INTEREST-INCOME-NET>                          912,704
<LOAN-LOSSES>                                   15,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                684,874
<INCOME-PRETAX>                                361,077
<INCOME-PRE-EXTRAORDINARY>                     361,077
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   242,657
<EPS-PRIMARY>                                     0.38
<EPS-DILUTED>                                     0.38
<YIELD-ACTUAL>                                    3.71
<LOANS-NON>                                    198,692
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               819,660
<CHARGE-OFFS>                                    1,238
<RECOVERIES>                                     1,972
<ALLOWANCE-CLOSE>                              835,397
<ALLOWANCE-DOMESTIC>                           721,149
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                        114,248
        

</TABLE>
1 Pursuant to 5 TH C IR

. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-50312

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OSIEL VALLEJO-OCAMPO,

DefendantAppellant.

-------------------------------------------------------- Appeal from the United States District Court

for the Western District of Texas

USDC No. A-00-CR-275-ALL-SS

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

November 20, 2001

Before DAVIS, BENAVIDES and STEWART, Circuit Judges:

PER CURIAM: 1

Osiel Vallejo-Ocampo appeals his sen t ence following his guilty-plea conviction for illegal

reentry into the United States, in violation of 8 U.S.C. § 1326. He argues that the district court erred

in increasing his base offense level by 16 levels pursuant to the aggravated-felony enhancement in

U.S.S.G. § 2L1.2(b)(1 ) (A) based on his prior Texas convictions for cocaine possession. Vallejo

contends that his prior convictions do not meet the definition of an aggravated felony as set forth in

the current version of 8 U.S.C. § 1101(a)(43)(B). He additionally maintains that the rule of lenity

requires that 8 U.S.C. § 1101(a)(43)(B) be interpreted in his favor.Vallejo’s argument that his Texas convictions for po ssession of cocaine do not qualify as

aggravated felonies for purposes of U.S.S.G. § 2L1.2(b)(1)(A) is foreclosed by our decision in United

States v. Hinojosa-Lopez , 130 F.3d 691, 693-94 (5th Cir. 1997). S ee United States v. HernandezAvalos

, 251 F.3d 505, 508 (5th Cir. 2001)

, petition for cert. filed

, (U.S. Aug. 9, 2001)(No. 01-5773).

Vallejo’s argument that Hinojosa-Lopez is not controlling because the current version of 8 U.S.C.

§ 1101(a)(43)(B) does not refer to subsection two of 18 U.S.C. § 924(c) is unpersuasive. The

current version of 18 U.S.C. § 1101(a)(43)(B) provides that an aggravated felony includes “any drug

trafficking crime as defined in section 924(c) of Title 18” (emphasis added). The definition of the

term “drug trafficking crime” is found specifically at subsection two of 18 U.S.C. § 924(c). S ee 18

U.S.C. § 924(c)(2). Moreover, by deleting the reference to subsection two of 18 U.S.C. § 924(c),

Congr ess expanded the definition of aggravated felony to include all subsections of 18 U.S.C.

§ 924(c). S ee Notes following 8 U.S.C. § 1101 regarding 1994 amendment; see also United States

v. Valenzuela-Escalante , 130 F.3d 944, 946 (10th Cir. 1997).

Vallejo’s argument that the rule of lenity must be applied is foreclosed by our recent decision

in United States v. Rivera

,

___ F.3d

___, 2001 WL 1025808 at *1 (5th Cir. Sept. 7, 2001)(No. 00-

20953).

AFFIRMED.
EXHIBIT 32


Certifications Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002


In connection with the Annual Report of Carey Credit Income Fund - I on Form 10-K for the period ended December 31, 2015 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned officers of Carey Credit Income Fund - I , does hereby certify, to the best of such officer's knowledge and belief, pursuant to 18 U.S.C. Section 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 the Report fairly presents, in all material respects, the financial condition and results of operations ofCarey Credit Income Fund - I.

Date:March 28, 2016/s/ Mark J. DeCesarisMARK J. DECESARISChief Executive OfficerDate:March 28, 2016/s/ Paul S. Saint-PierrePAUL S. SAINT-PIERREChief Financial Officer


The certification set forth above is being furnished as an exhibit solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and is not being filed as part of the Report as a separate disclosure document of Carey Credit Income Fund - I or the certifying officers.


A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Carey Credit Income Fund - I and will be retained by Carey Credit Income Fund - I and furnished to the Securities and Exchange Commission or its staff upon request.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-20960 Summary Calendar

LINDA DAVIS, Plaintiff-Appellant,

versus GREGORY HUNTSMAN and THE CITY OF HOUSTON POLICE DEPARTMENT, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-96-CV-2082

- - - - - - - - - - November 4, 1998 Before EMILIO M. GARZA, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM: * Linda Davis appeals the dismissal of her civil rights action against the City of Houston Police Department under Fed. R. Civ. P. 12(b). Although judgment was entered on October 6, 1997, Davis did not file her notice of appeal until November 6, 1997. Davis’s notice of appeal from the district court’s final judgment dismissing her complaint is untimely. Fed. R. App. P. 4(a)(1) (notice of appeal must be filed within 30 days after the date of entry of the judgment or order from which the appeal is taken). As a result, this appeal is DISMISSED.
Document




Exhibit 10.5(a)







April 8, 2020
Howard C. Heckes
[                        ]
[             ]
Tampa, Florida 33602


Dear Howard,
In light of the circumstances surrounding the COVID-19 pandemic and its impact on our business, Masonite International Corporation (the “Company”) is requesting that you agree to reduce your annualized base salary rate from $850,000.00 to $680,000.00 for the time period of April 13, 2020 through June 26, 2020 (the “Reduction Period).  By signing below, you hereby agree and consent to the reduction and agree that the reduction does not constitute “good reason” or a “constructive termination” (or term of similar meaning) under any agreement to which you are a party or any plan in which you participate, including but not limited to the Employment Agreement by and between you and the Company and any equity awards.
Notwithstanding the foregoing, and in accordance with the Company’s Management Incentive Plan, your annual MIP bonus for fiscal year 2020 will be calculated using your base salary in effect at the end of 2020.  Additionally, any severance to which you may become entitled during the Reduction Period will be calculated using your base salary in effect immediately prior to any reduction hereunder.  Please note that to the extent that any of your benefits are based on your annual base salary level, your benefits may be impacted by your base salary reduction.  The reduction in base salary described above may affect the aggregate amount of your contributions to the Company’s 401(k) plan for 2020.  You should consider whether to make any changes to your contribution elections.
Thank you for your continued efforts during these difficult and uncertain times.  
            Sincerely,
            Masonite International Corporation




            By:         /s/ Robert A. Paxton          
            Title: Robert A. Paxton
             Senior Vice President, Human Resources
Acknowledged and agreed:




/s/ Howard C. Heckes       
Name: Howard C. Heckes 
Date: April 8, 2020




masonite.com
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

September 8, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-10140

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARCO ANTONIO RAMIREZ-LOPEZ, also known as Marcos Tulio

Lopez, also known as Marvin Ramirez, also known as Mario

Roberto Alvarado, also known as Ricar Machorro-Salas, also

known as Marcos Tulio Lopez-Ramirez,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 1:05-CR-56-ALL

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

Before KING, GARWOOD, and JOLLY, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Marco Antonio

Ramirez-Lopez raises arguments that are foreclosed by AlmendarezTorres v. United States, 523 U.S. 224, 235 (1998), which held

that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a

separate criminal offense. The Government’s motion for summary

affirmance is GRANTED, and the judgment of the district court is

AFFIRMED.
[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Notices]
[Page 65391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26786]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>12349 and <greek-i>12350]


Minnesota Disaster <greek-i>MN-00028

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for Public Assistance only for the State of Minnesota (FEMA-
1941-DR), dated 10/13/2010.
    Incident: Severe storms and flooding.
    Incident Period: 09/22/2010 and continuing.
    Effective Date: 10/13/2010.
    Physical Loan Application Deadline Date: 12/13/2010.
    Economic Injury (EIDL) Loan Application Deadline Date: 07/13/2011.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the President's major disaster declaration on 10/13/2010, Private Non-
Profit organizations that provide essential services of governmental 
nature may file disaster loan applications at the address listed above 
or other locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:
Primary Counties: Blue Earth, Cottonwood, Dodge, Faribault, Freeborn, 
Goodhue, Jackson, Lincoln, Lyon, Martin, Mower, Murray, Olmsted, 
Pipestone, Rice, Rock, Steele, Wabasha, Waseca, Watonwan, Winona.
    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Non-Profit Organizations With Credit Available Elsewhere...      3.625
  Non-Profit Organizations Without Credit Available Elsewhere      3.000
For Economic Injury:
  Non-Profit Organizations Without Credit Available Elsewhere      3.000
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 12349B 
and for economic injury is 12350B.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,
Associate Administrator for Disaster Assistance.
[FR Doc. 2010-26786 Filed 10-21-10; 8:45 am]
BILLING CODE 8025-01-P
#### STATE OF NEW JERSEY v. D.R.

February 27, 1987.

Petition for certification granted. (See 214 *N.J.Super.*278)
No. 87-6197.

#### Donegan *v.*McWherter, Warden, et al.

C. A. 6th Cir. Certiorari denied.
584 A.2d 230

#### IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF RUSSELL G. RANNEY, DECEASED.

May 30, 1990.

Petition for certification granted. (See 240 *N.J.Super.*337, 573 A.2d 467)