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

Exhibit 10.3













April 9, 2021




Mr. David R. Epstein
[***]
[***]


Re:  Amendment No. 2 to Letter Agreement


Dear David,


Reference is made to my letter dated as of September 16, 2019 addressed to you concerning your compensation for serving as the Chair of the Board of Directors of Evelo Biosciences, Inc. (as previously amended, the “Letter Agreement”).  This letter memorializes our recent discussion concerning an amendment to your compensation, and will become effective upon your signature below (the “Amendment”).


NOW, THEREFORE, the parties agree as follows:


1.  A new third paragraph of Section B (Equity Compensation) is added to the Letter Agreement and shall read as follows:


“Effective on June 30, 2021, and subject to approval by the Board, the Company shall award to you a number of Restricted Stock Units (as defined in the Company’s 2018 Incentive Award Plan, “RSUs”) having an aggregate grant date fair value equal to approximately $375,000, as determined by the Board in its discretion based on a ten-day trailing average of the closing price of a share of the Company’s common stock on the Nasdaq Global Select Market.  The RSUs shall be granted under and shall be subject to the terms and provisions of the Company’s 2018 Incentive Award Plan (the “Plan”) and shall be granted subject to a restricted stock unit agreement. The RSUs shall vest in 12 substantially equal monthly installments following June 30, 2021, such that the RSUs shall be fully vested on June 30, 2022, subject to your continuing service as the Chairman through each such vesting date. Unless the Board otherwise determines, any portion of the RSUs which is unvested at the time of the termination of your service as the Chairman shall be immediately forfeited upon such termination and shall not thereafter become vested. The RSUs shall vest in full immediately prior to the occurrence of a Change in Control (as defined in the Plan), to the extent outstanding at such time.  The provisions of Section A and the first two paragraph of Section B above shall cease to operate as of June 30, 2021 and thereafter your sole compensation (other than previously granted and then outstanding stock options) for service on the Board and its committees or subcommittees, including as Chairman, shall be as set forth in this third paragraph of Section B.”


2.  Except as expressly modified by this Amendment No. 2, the Letter Agreement shall remain unchanged and in full force and effect in accordance with its terms.


If the foregoing accurately sets forth our agreement, please countersign this letter in the space provide below.






620 Memorial Drive, 5th Floor • Cambridge, MA 02139 • 617-577-0300 •  http://www.evelobio.com














Mr. David R. Epstein
April 9, 2021
Page -2-




									
			Respectfully,
			
			  /s/ Balkrishan “Simba” Gill
			
			Balkrishan “Simba” Gill, Ph.D.
			President and Chief Executive Officer
			
	Agreed and Accepted:		
			
	/s/ David R. Epstein		
	David R. Epstein		
			














































620 Memorial Drive, 5th Floor • Cambridge, MA 02139 • 617-577-0300 •  http://www.evelobio.com
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**EXHIBIT 32.2**

 

**CERTIFICATION PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

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

 

In connection with the Report of Merix Corporation (the “Company”) on Form 10-K for the year ended May 28, 2005 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Janie S. Brown, Chief Financial 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:

 

 

 

/s/ Janie S. Brown 

                                                                                                       

Janie S. Brown 

Chief Financial Officer 

August 10, 2005
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7662

TIMOTHY ROYAL KING, Petitioner – Appellant,

v. ROBERT SMITH, Superintendent; ATTORNEY GENERAL OF NORTH CAROLINA, Respondents – Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:01-hc-00440-BR)

Submitted: November 13, 2008 Decided: November 21, 2008

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Timothy Royal King, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.PER CURIAM: Timothy Royal King seeks to appeal the district court’s order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); Reid v. Angelone , 369 F.3d 363, 369 (4th Cir. 2004). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El

v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that King has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials

23 before the court and argument would not aid the decisional

process.

DISMISSED
#### James D. COOTS, Plaintiff—Appellant, v. SOCIAL SECURITY ADMINISTRATION, Defendant-Appellee.

No. 03-35496.

D.C. No. CY-02-03031-DCA.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Nov. 4, 2004.*

Decided Jan. 31, 2005.

*280Tim D. Wilborn, West Linn, OR, for Plaintiff-Appellant.

Craig J. Casey, Office of the U.S. Attorney, Portland, OR, for Defendant-Appellee.

Before TROTT and KLEINFELD, Circuit Judges, and POLLAK,** District Judge.

*

 This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

**

 The Honorable Louis H. Poliak, Senior United States District Judge for the Eastern District of Pennsylvania, sitting by designation.

MEMORANDUM***

We affirm the district court’s denial of Coots’s application for disability benefits.

There is substantial evidence1 to support the Administrative Law Judge’s determination that Coots retained the residual functional capacity2 to perform substantial gainful activity as a parking lot cashier and a surveillance systems monitor. Because there was substantial evidence to support the Administrative Law Judge’s determination that Coots could “make an adjustment to other work,”3 the Administrative Law Judge did not err in denying Coots disability benefits.

*281The Administrative Law Judge also did not err in discounting Coots’s subjective testimony. Generally an administrative law judge is required to consider a claimant’s testimony regarding subjective symptoms.4 In the absence of affirmative malingering, the Administrative Law Judge must give “clear and convincing reasons” for rejecting the claimant’s testimony.5 He did, including several specific instances where Coots’ conduct supported an inference of malingering. There was substantial evidence for the ALJ’s conclusion.

The Administrative Law Judge gave “specific and legitimate reasons supported by substantial evidence in the record”6 for rejecting Dr. Thomashefsky’s assessment. Nor does Dr. Haddad’s one-paragraph conelusory letter presented to the Appeals Council after the ALJ decision require a finding of disability. Dr. Had-dad’s letter provided no new clinical or diagnostic information and contradicted other medical records including his own assessments of Coots.

Finally, the Administrative Law Judge did not improperly ignore the physical capacity evaluation. He specifically rejected it because the physical capacity evaluators repeatedly asserted that the evaluation’s results were questionable.

AFFIRMED

***

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1

. *Celaya v. Halter,*332 F.3d 1177, 1180 (9th Cir.2003).

2

. 20 C.F.R. § 416.920(a)(4)(v).

3

. *Id.*

4

. 20 C.F.R. § 416.929; *Smolen v. Chater,*80 F.3d 1273 (9th Cir.1996).

5

. *Smolen,*80 F.3d at 1281.

6

. *Lester v. Chater,*81 F.3d 821, 830 (9th Cir. 1995)
EXHIBIT 32(b)

CERTIFICATION PURSUANT TO

187 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 United Rentals, Inc. and United Rentals (North America),
Inc. (the Companies) on Form 10-Q for the period ended September 30, 2005 as filed with the Securities and Exchange Commission (the Report), I, Martin E. Welch III, Chief Financial Officer of the Companies, 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, as amended (15 U.S.C. 78m); and
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------



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



/s/    Martin E. Welch IIIMartin E. Welch III Chief Financial Officer


April 12, 2006

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 the Companies and will be retained by the Companies and furnished to the Securities and Exchange
Commission or its staff upon request.
DISTRICT JUDGE'S MINUTES 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA – TUCSON 

U.S. District Judge: Raner C. Collins Date: April 18, 2018 

USA v. Lonnie Ray Swartz Case Number: CR-15-01723-001-TUC-RCC (DTF)

Assistant U.S. Attorney: Wallace Kleindienst/Mary Sue Feldmeier 

Attorney for Defendant: Sean Chapman/Jaime Calle, Retained 

Deputy Clerk: Sherry Gammon 

Court Reporter: Candy Potter 

Spanish Interpreter for victim’s family: Sandy Frady 

Defendant: ☒ Presence not required ☐ Not Present 

☒ Released ☐ Custody ☐ Summons ☐ Writ 

JURY TRIAL – Day 18 

The jury arrives at 9:30 a.m. to resume deliberation. 

Lunch recess taken 11:45 a.m. – 12:45 p.m. 

Lunch is provided to jurors. 

 

1:40 p.m. – Jury question received. The Court consults with counsel in chambers with Mr. Chapman 

and Mr. Calle appearing telephonically and Mr. Kleindienst and Ms. Feldmeier present in chambers. 

The Court provides a written response to the jury. 

2:26 p.m. – Jury question received. The Court provides a written response to the jury. 

The jury is excused at 2:35 p.m. Jury deliberation continues to 4/20/2018 at 9:30 a.m. before Chief 

Judge Raner C. Collins. 

Jury trial: 11 minutes 

Start: 1:40 p.m. 

Stop: 1:51 p.m. 

Jury deliberation time: 4 Hours 4 Minutes 

9:30 a.m. – 11:45 a.m. and 

12:46 p.m. – 2:35 p.m.
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#### Mayberg et al *v.*Steinhardt et al.

Vendor and Purchaser — Decretal Sale — Retention of Property by Defendant— Constructive Fraud.

The possession of personal property by an execution creditor after a decretal sale as agent of the purchaser does not come under the rule that a vendor’s possession after his absolute sale of movable property is a constructive fraud.

APPEAL FROM JEFFERSON CIRCUIT COURT.

February 19, 1869.

Opinion of the Court by

Judge Robertson:

It seems to. this court that the evidence is insufficient to prove that the property attached in this case is subject to the attachment. It is apparently the property of the Steinhardts; and the possession and ostensible ownership of Levy is not sufficient proof of fraud in the contract between him and those claimants, and which was not a sale by him to them, but only an agreement by them, after their uncontrovted purchase under a decretal sale, that he might retain the possession and manage the property as their agent and for their joint benefit. Such possession and use are not embraced by the principle of the rule that a vendor’s possession after his absolute sale of moveable property is a constructive fraud. Nor did the possession and the delay in changing the sign give to Levy a delusive credit so far as the appellants are concerned, because their debts were contracted before the purchase by the Steinhardts.

*373
      *Dembitz, Muir &*Bijur, *for appellant.*

*Farleigh, for appellee.*

Consequently the facts, though rather squinting at collusion, cannot be adjudged by this court as sufficient to prove it.

Wherefore, the judgment of the chancellor is *affirmed.*
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                    

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###### National Science Foundation

# AGENCY:

National Science Foundation.

# ACTION:

Notice of permits issued under the Antarctic Conservation of 1978, Public Law 95-541.

# SUMMARY:

The National Science Foundation (NSF) is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice.

# FOR FURTHER INFORMATION CONTACT:

                        Li Ling Hamady, ACA Permit Officer, Division of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. Or by email:                         *ACApermits@nsf.gov*

# SUPPLEMENTARY INFORMATION:

                    On September 10, 2014 the National Science Foundation published a notice in the                     **Federal Register**                     of a permit application received. The permit was issued on October 9, 2014 to: Dr. Kenneth W. Sims Permit No. 2015-007.                

Nadene G. Kennedy,

Polar Coordination Specialist, Division of Polar Programs.

[FR Doc. 2014-24568 Filed 10-15-14; 8:45 am]

BILLING CODE 7555-01-P