alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Form of Amendment No. 1 to Change of Control Agreement



 Exhibit 10.93 
  
 AMENDMENT NO. 1 
 TO 
 CHANGE OF CONTROL AGREEMENT 
  
 This Amendment No. 1 to Change of Control Agreement is made as of the 24th day of August 2005, by and between [insert
name of executive] (“Executive”) and Hibernia Corporation, a Louisiana corporation (“Hibernia”). Capitalized terms used herein and not otherwise defined herein shall have the meaning given to them in the below-defined
“Change of Control Agreement.” 
  
 RECITALS

  
 WHEREAS, Executive and Hibernia are parties to a Change of
Control Agreement effective as of [insert effective date of applicable change of control agreement] (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Change of Control Agreement”); and

  
 WHEREAS, the Change of Control Agreement provides that
Executive agrees to execute a written amendment to the Change of Control Agreement from time to time prior to the Effective Date of a Change of Control at the request of Hibernia to add to Exhibit A additional parishes, counties or states in which
Hibernia (or its Subsidiaries) is then doing business or to remove from Exhibit A any parishes, counties or states in which Hibernia (or its Subsidiaries) is not then doing business; and 
  
 WHEREAS, Hibernia has requested the Executive to amend the Change of Control Agreement to add to Exhibit A additional
counties where Hibernia (or its Subsidiaries) is now doing business; and 
  
 WHEREAS, Executive and Hibernia wish to amend the Change of Control Agreement to supplement Exhibit A; 
  
 NOW, THEREFORE, in consideration of the premises set forth above, Executive and Hibernia hereby agree as follows: 
  
 AMENDMENT 
  
 The Change of Control Agreement is hereby amended to add the following Texas counties to Exhibit A: 
  

							
	Austin	 	Calhoun	 	Cameron	 	Colorado
	Dallas	 	Denton	 	Fayette	 	Fort Bend
	Galveston	 	Harris	 	Hidalgo	 	Lee
	Mategorda	 	Montgomery	 	Nueces	 	Tarrant
	Victoria	 	Washington	 	Wharton	 	 








 No other changes shall be made to Exhibit A, and all parishes and counties currently on Exhibit A shall remain on Exhibit
A. 
  
 The Change of Control Agreement, as amended hereby, shall
remain in full force and effect. 
  
 This Amendment No. 1
shall be governed by and construed in accordance with the laws of the State of Louisiana applicable to agreements made and to be performed within such state without regard to principles of conflicts of law. 
  
 This Amendment may be executed in counterparts, each of which shall be deemed
to be an original, and all of which shall constitute one and the same agreement. 
  
 IN WITNESS WHEREOF, this Amendment has been duly executed on the month, day and year written below, but effective as of the date described above. 
  

			
	EXECUTIVE
	  
  


	Print Name:	 	  


	Date:	 	  


	
	HIBERNIA CORPORATION
		
	By:	 	  


	Name:	 	  


	Title:	 	  


	Date:	 	  




  

 2
#### FINK v. BARTON COUNTY, Appellant.

In Banc,

June 28, 1905.

Appeal from Barton Circuit Court. — Now. N. *G. Timmonds,*Judge.

Reversed and remanded *{with directions).*

BURGESS, J.

This is a companion suit to that of Isenhour v. Barton County, just decided, on scrips issued by defendant county.

*183The petition in this case contains fifty-three counts, one upon each of the warrants or scrips. The answer consents to judgment for the principal and interest upon all counts except 1, 5, 8, 14, 15, 16, 17, 18, 23 and 43, and consents to judgment for the amount of the principal of warrants named in said counts but denies liability for the interest thereon.

There is no substantial difference between this case and the case above referred to, and for the reasons therein stated the judgment is reversed and the cause remanded, with directions to the court below to enter judgment in favor of the plaintiff for the amount only of the principal of the warrants and scrips mentioned in said contested counts.

*Gantt, Valliant*and *Lamm, JJ.,*concur; *Brace, G. J.,*and *Marshall*and *Fox, JJ.,*dissent, for the reasons stated in dissenting opinion of *Marshall, J.,*in Isenhour v. Barton County, ante, p. 174.
#### STATE v. WILLIAMSON

No. 312P97

Case below: 126 N.C.App. 439

Petition by defendant for writ of supersedeas and motion for temporary stay denied 7 July 1997.
9926.

#### Brooke *v.*Cartersville Chero-Cola Bottling Co.

Wade, C. J.

Tills was a suit against a corporation for the recovery of commissions, based upon an alleged oral agreement, by the terms of which the general manager of the corporation agreed to pay the plain*672tiff, as a real-estate broker, for his services in selling its entire plant. The evidence adduced on the trial failed to show that the manager had ever been authorized by the corporation to make a .sale of its stock or of its entire physical property, or that the corporation subsequently ratified the unauthorized act of its manager in agreeing to pay plaintiff for effecting the sale of the property. *Ware*v. *Atlanta Coffee Mills Co.,*16 *Ga. App.*749, 750 (86 S. E. *47); Nunez Gin*& *Warehouse. Co.*v. *Moore,*10 *Ga. App.*350 (73 S. E. 432) ; *Swindell*v. *Bainbridge State Bank,*3 *Ga.*App. 304, 370, 371 (60 S. E. 13) ; *Trust Co. of Georgia*v. *Wallace,*143 *Ga.*214 (3) (84 S. E. 538); *Ludden & Bates Music House*v. *McDonald,*117 *Ga.*60 (43 S. E. 425). The evidence demanded a verdict in favor of the defendant, and the trial judge did not err in directing such a verdict.

Decided April 23, 1919.

Reheabing Denied May 13, 1919.

Complaint; from Bibb superior court—Judge Mathews. May-25, 1918.

*Napier & Maynard, R. L. Berner,*for plaintiff.

*Hall & Grice,*contra.

*Judgment affirmed.*

*Jenkins and Luke, JJ., concur.*
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 Annual Report of SmartPros Ltd. (the Company) on Form
10-K for the fiscal year ending December 31, 2009 as filed with the Securities
and Exchange Commission (SEC) on the date hereof (the Report), I, Stanley
P. Wirtheim, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. § 1350, as adopted pursuant to § 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 of the Company.

A
signed original of this written statement has been provided to the Company and
will be retained by the Company and furnished to the SEC or its staff upon
request.

|                         | 
|------------------------ | 
|/s/ Stanley
 P. Wirtheim | 
|                         | 
|Stanley P.
 Wirtheim     | 
|Chief
 Financial Officer | 
|                         | 
|March 26,
 2010          | 

---
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Exhibit 32

CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §
1350, as adopted), Carlos A. Rivas, the Chief Executive Officer of Verenium Corporation (the Company), and John A. McCarthy, Jr., the Chief Financial Officer of the Company, each hereby certifies that, to the best of his knowledge:



|1. | The Companys Quarterly Report on Form 10-Q for the quarter ended June 30, 2008, to which this Certification is attached as Exhibit 32 (the Periodic Report),
fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|2. | The information contained in the Periodic Report fairly presents, in all material respects, the financial condition of the Company at the end of the period covered by the Periodic
Report and results of operations of the Company for the period covered by the Periodic Report.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                |  |  |  |                                                     
|----------------------------------------------- |  |  |  | ----------------------------------------------------
|Dated: August 11, 2008                          |  |  |  |                                                     
|                                                |  | 
|/s/ CARLOS A. RIVA                              |  |  |  | /s/ JOHN A. McCARTHY, JR.                           
|Carlos A. Riva                                  |  |  |  | John A. McCarthy, Jr.                               
|President, Chief Executive Officer and Director |  |  |  | Executive Vice President and Chief Financial Officer

This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and
Exchange Commission and is not to be incorporated by reference into any filling of Verenium Corporation under the Securities Act of 1933, as amended, or

Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
**EXHIBIT 32.2**

 

**Certificationof Chief Financial Officer**

 

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of theSarbanes-Oxley Act of 2002, the undersigned officer of First Consulting Group,Inc., a Delaware, corporation (the “Company”), hereby certifies, to hisknowledge, that:

 

(i)    the accompanying Quarterly Report on Form 10-Q of the Company forthe period ended September 30, 2005 (the “Report”) fully complies with therequirements of Section 13(a) or Section 15(d), as applicable, of the SecuritiesExchange Act of 1934, as amended; and

 

(ii)   the information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 

 
| Date:  November 9, 2005 | /s/ THOMAS A.  WATFORD                                        |
|-------------------------|---------------------------------------------------------------|
|                    | Thomas A. Watford                                             |
|                    | Executive Vice President  and Interim Chief Financial Officer |

 

The foregoing certificationis being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350and in accordance with SEC Release No. 33-8238. This certification shall not be deemed “filed” for purposes of Section18 of the Securities Exchange Act of 1934, as amended, nor shall it beincorporated by reference in any filing of the Company under the Securities Actof 1933, as amended, whether made before or after the date hereof, regardlessof any general incorporation language in such filing.

 

----
* 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. 97-40702 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus COURTNEY RODELL SIMS, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:96-CR-120-2

- - - - - - - - - - April 8, 1998 Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM: * Courtney Rodell Sims appeals his guilty-plea conviction for possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841(a)(1). Sims contends that the district court clearly erred in refusing to reduce his offense level for his minor or minimal role in the offense pursuant to U.S. Sentencing Guidelines § 3B1.2. Because Sims was sentenced based on only the actual amount of cocaine involved in the charged offense and not the entire amount involved in the drug conspiracy, Sims was not entitled to a reduction in his base offense level under § 3B1.2No. 97-40702 -2- even if his role in the larger conspiracy may have been minor or minimal. See United States v. Flucas , 99 F.3d 177, 181 (5th Cir. 1996), cert. denied , 117 S. Ct. 1097 (1997); United States v. Atanda , 60 F.3d 196, 199 (5th Cir. 1995). AFFIRMED.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 December 23, 2013

d1216

Order 

Clerk

December 23, 2013

148002 & (20)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 148002

COA: 314281

RANDY SCOTT ANGER, Oakland CC: 2007-218338-FH

Defendant-Appellant.

_________________________________________/

On order of the Court, the motion for immediate consideration is GRANTED. 

The application for leave to appeal the October 8, 2013 order of the Court of Appeals is 

considered, and it is DENIED, because the defendant has failed to meet the burden of 

establishing entitlement to relief under MCR 6.508(D).
Exhibit 12.2

I, Derek Palaschuk, certify that:

1. I have reviewed this annual report on Form 20-F of eLong, Inc.;

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;

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

4. The companys other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the company and
have:

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

b) Evaluated the effectiveness of the company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 companys internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect,
the companys internal control over financial reporting; and

5. The companys other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial reporting, to the companys auditors and the audit committee of the companys board of directors (or persons performing the equivalent functions):

a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably
likely to adversely affect the company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 companys internal controls over financial reporting.

Date: June 29, 2006



|       |  |                        
|------ |  | -----------------------
|By:    |  | /s/ Derek Palaschuk    
|Name:  |  | Derek Palaschuk        
|Title: |  | Chief Financial Officer
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 1615** 

GEORGE H. ARCHIBALD , Plaintiff

– Appellant ,
v. GLEN D. MASTERS, d/b/a Berryville News Stand and as an Individual , Defendant

- Appellee
.

Appeal from the United States District Court for the Western District of Virginia , at Harrisonburg
. Michael F. Urbanski , District Judge. ( 5:12

- cv - 00095

- MFU

- BWC )

Submitted : August 29, 2013 Decided: September 3, 2013

Before DUNCAN, AGEE, and KEENAN, Circuit Judges.

Affirmed by un published per curiam opinion
. George H. Archibald, Appellant Pro Se. James Anthony Klenkar, HALL, MONAHAN, ENGLE, MAHAN & MITCHELL, Winchester, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: George H. Archibald appeals the district court ’ s order accepting the recommendation of the magistrate judge and dismissing Archibald ’s civil rights action for failure to state a claim
. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Archibald v. Masters , No. 5:12

- cv - 00095

- MFU

- BWC (W.D. Va. Apr. 23, 2013)
. We dispense with oral argument b ecause the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

AFFIRMED
EXHIBIT 4.3

                 SECOND AMENDMENT TO THE OBIE MEDIA CORPORATION
                       RESTATED 1996 STOCK INCENTIVE PLAN


The OBIE MEDIA CORPORATION Restated 1996 Stock Incentive Plan is hereby amended,
    effective April 27, 2001, subject to shareholder approval, to revise the
    share number reference in the first sentence of Section VI.A. to read
    "649,300 shares" from "549,300 shares."

         In all other respects, the OBIE MEDIA CORPORATION Restated 1996 Stock
Incentive Plan shall remain the same.

                              OBIE MEDIA CORPORATION


                              By:    /s/ Brian B. Obie
                                   --------------------------------------------
                                     Brian B. Obie, Chairman of the Board
                                     President, and Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS CONTAINED IN THE BODY OF THE ACCOMPANYING FORM
10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          13,164
<SECURITIES>                                         0
<RECEIVABLES>                                  107,765
<ALLOWANCES>                                     1,642
<INVENTORY>                                     80,321
<CURRENT-ASSETS>                               206,067
<PP&E>                                         368,322
<DEPRECIATION>                                  63,862
<TOTAL-ASSETS>                                 750,631
<CURRENT-LIABILITIES>                           97,305
<BONDS>                                        125,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        63,676
<OTHER-SE>                                      16,800
<TOTAL-LIABILITY-AND-EQUITY>                   750,631
<SALES>                                        361,236
<TOTAL-REVENUES>                               361,236
<CGS>                                          283,790
<TOTAL-COSTS>                                  322,247
<OTHER-EXPENSES>                                   191
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              21,057
<INCOME-PRETAX>                                 17,741
<INCOME-TAX>                                     8,312
<INCOME-CONTINUING>                              9,429
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,429
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
IV

105TH CONGRESS

2D SESSION H. RES. 606

Providing for an organizational caucus or conference in the House of

Representatives for the One Hundred Sixth Congress.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 20, 1998

Pursuant to H. Res. 594; considered as having been adopted

RESOLUTION

Providing for an organizational caucus or conference in the

House of Representatives for the One Hundred Sixth

Congress.

1 Resolved, That any organizational caucus or con2 ference in the House of Representatives for the One Hun3 dred Sixth Congress may begin on or after November 13,

4 1998.

5 SEC. 2. As used in this resolution, the term ‘‘organi6 zational caucus or conference’’ means a party caucus or

7 conference authorized to be called under section 202(a)

8 of House Resolution 988, Ninety-third Congress, agreed

9 to on October 8, 1974, and enacted into permanent law
2

HRES 606 ATH

1 by chapter III of title I of the Supplemental Appropria2 tions Act, 1975 (2 U.S.C. 29a(a)).

Æ
EXHIBIT 13.2



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 Annual Report of Logan Resources Ltd., a company organized under the British Columbia Company Act (the Company) on Form 20-F as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Judith T. Mazvihwa, CFO/Director of the Company, certifies, pursuant to 18 U.S.C. (S) 1350, as adopted pursuant to (S) 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 result of operations

of the Company.



/s/ Judith T. Mazvihwa

Judith T. Mazvihwa, CFO/Director



Date: October 5, 2005