alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.1



 






EXHIBIT 10.1




TERMINATION OF RESTRICTED STOCK AGREEMENT



This TERMINATION OF RESTRCITED STOCK AGREEMENT (this “Agreement”) is made as of November 9, 2005,
by and between Gartner, Inc. (the “Company”), a Delaware Corporation and Eugene A. Hall
(“Employee”)




Recitals




     WHEREAS, the Company granted Employee an inducement grant of Five Hundred Thousand (500,000)
Shares of restricted stock (the “Current Restricted Stock Award”) pursuant to the terms of that
certain Restricted Stock Agreement, by and between Gartner and Employee, dated as of October 15,
2004 (the “Current Restricted Stock Agreement”).



     WHEREAS, the Compensation Committee of the Company has determined that it is in the best
interest of the Company to cancel the current Restricted Stock Award and to grant Employee a new
grant of 500,000 shares of restricted stock pursuant to the terms of the Company’s 2003 Long Term
Incentive Plan (the “New Restricted Stock Award”) and that certain Restricted Stock Agreement by
and between Gartner and Employee and dated as of the date hereof (the “New Restricted Stock
Agreement”).



     NOW THEREFORE, for good value and consideration, including the issuance of the New Restricted
Stock Award and the entry into the New Restricted Stock Agreement, the receipt and sufficiency of
which are hereby acknowledged, the Company and the Employee agree as follows:



Agreement




     1. Termination of Agreement. The Company and Employee hereby agree that as of the
date first above written the Current Restricted Stock Agreement shall terminate and shall be of no
further force and effect. The Current Restricted Stock Award will be deemed forfeited and Employee
shall return to the Company any and all shares from such award that Employee has in his possession
for cancellation by the Company.



     2. Successors. This Agreement shall be binding upon and inure to the benefit of the
parties and their respective successors and assigns.



     3. Governing Law. This Agreement shall be construed in accordance with and governed by
the laws of the State of Connecticut, other than its conflicts of laws provisions..



     4. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which when taken together shall constitute one and
the same instrument



 









 





     IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.



	 	 	 	 	 
	 

	 	GARTNER, INC.	 	 
	 
	 	/s/ Maynard G. Webb, Jr.	 	 
	 

	 	 

By: Maynard G. Webb, Jr.
	 	 
	 

	 	Title: Chairman of the Compensation Committee	 	 
	 
	 	 	 	 
	 

	 	EMPLOYEE	 	 
	 
	 	/s/ Eugene A. Hall	 	 
	 

	 	 

Eugene A. Hall
**EXHIBIT 32.1**

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe Annual Report of BG Financial Group, Inc. (the “Registrant”) on Form 10-K/A-1for the period ending December 31, 2006, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, J. Robert Grubbs,President and Chief Executive Officer of the Registrant, certify, pursuant to18 U.S.C. section 1350, as adopted pursuant to section 906 of theSarbanes-Oxley Act of 2002, that:

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

(2)   The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theRegistrant.

|        |   | /s/ J. ROBERT  GRUBBS                   |
|--------|--------|-----------------------------------------|
|   |   | J. Robert Grubbs                        |
|   |   | *President and Chief Executive Officer* |
|   |   | BG Financial Group, Inc.           |
|   |   | April 30, 2007                     |

 

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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED BALANCE SHEET AT MARCH 31, 1998 AND UNAUDITED STATEMENT
OF OPERATIONS FOR THE THREE MONTHS ENDED MARCH 31, 1998, AND IS QUAILIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          11,158
<SECURITIES>                                         0
<RECEIVABLES>                                    4,832
<ALLOWANCES>                                         0
<INVENTORY>                                      3,738
<CURRENT-ASSETS>                                29,914
<PP&E>                                         144,579
<DEPRECIATION>                                  79,134
<TOTAL-ASSETS>                                 101,083
<CURRENT-LIABILITIES>                            4,368
<BONDS>                                         41,510
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,612
<OTHER-SE>                                      43,146
<TOTAL-LIABILITY-AND-EQUITY>                   101,083
<SALES>                                          9,740
<TOTAL-REVENUES>                                10,532
<CGS>                                            6,950
<TOTAL-COSTS>                                    8,345
<OTHER-EXPENSES>                                 1,045
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,685
<INCOME-PRETAX>                                     71
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                 71
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        71
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
[No. 1788.]

#### H. Heune *v.*The State.

Obstruction of Public Roads — Fact Case.—See the statement of the case for evidence *held*insufficient to support a conviction for wilfully obstructing a public road.

Appeal from the County Court of Fayette. Tried below before the Hon. John C. Stiehl, County Judge.

Convicted upon an information charging him with the wilful obstruction of a public road, the appellant was fined in the sum of $10.

The State first introduced in evidence the decree of the commissioners’ court of Fayette county, establishing the second-class road thereafter known as the Colorado Biver, Crownover Bend and Cedar Post Office road. Henry Schubert, the overseer of the said road, was then called to -the stand, and testified, in substance, that *427for a distance of one hundred and fifty yards between the fences of the defendant and Mr. Kehrer, the road in question is from twenty to twenty-five feet wide. After receiving his commission in March, 1884, the witness notified the defendant to remove his fence to its proper place, and the defendant agreed, but has failed to do so. Witness did not know the proper line between the defendant and Kehrer’s property. He did not know that the defendant ever moved his fence into or out of the road. On his cross-examination, this witness said that he first went to Mr. Kehrer, about the road at the point spoken of being too narrow. Kehrer said that the road was entirely on his land, and advised witness to see defendant. Witness did not know the line as the road was first laid out, nor did he know when Kehrer built his present fence.

A. Kehrer testified that the defendant’s fence is on the line between the lands of himself, witness, and defendant. Defendant’s fence at some places is perhaps a little over the line, and at others a little set back. The road in question was entirely on the land of witness, which he gave voluntarily for road purposes before the road was worked. Witness’s fence has stood where it now stands for six or seven years. Defendant’s fence has stood as it now stands for a much longer time, and was built long before defendant owned the land. Before witness moved his fence out, people, as they were at liberty to do, traveled over the witness’s land. The road is the same now as originally cut out.

The motion for new trial denounced the verdict as unsupported by the evidence.

*Duncan c& Meerschiedt,*for the appellant.

*J. H. Burts,*Assistant Attorney General, for the State.

White, Presiding Judge.

This appeal is from a judgment of conviction in the county court for wilfully obstructing a public road. We can scarcely credit it that appellant was convicted upon the evidence alone which is disclosed in the record before us. If so, then we do not hesitate to say that there is not a particle of evidence going to establish in law his guilt of the charge for which he has been convicted. *(Shubert*v. *The State,*16 Texas Ct. App., 645.)

The judgment is reversed and the cause remanded for another trial.

*Reversed and remolded,*

[Opinion delivered January 17, 1884.]
Exhibit
      32.1




CERTIFICATION
      FURNISHED 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 Patriot Scientific Corporation (the
      “Company”) on Form 10-QSB for the period ended February 28, 2006, as filed
      with the Securities and Exchange Commission and to which this Certification
      is
      an exhibit (the “Report”), the undersigned officer of Patriot Scientific
      Corporation does hereby certify, pursuant to Rule 15d-14(b) of the Securities
      and Exchange Act of 1934, as amended, and Section 1350 of Chapter 63 of Title
      18
      of the United States Code 18 U.S.C. Section 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002, that to 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 27, 2006





/s/
                David H. Pohl
              
              David
                H. Pohl
              *Chief
                Executive Officer*
Ex-10.1



 






Exhibit 10.1




Tripath Imaging, Inc.




Amendment Number 1 dated July 27, 2005 to




Amended and Restated 1996 Equity Incentive Plan




	 	 	 
	RESOLVED:

	 	That Section 8(g) of the Amended and Restated 1996 Equity Incentive Plan be deleted, such
that the plan shall no longer provide for Company loans to pay for the exercise price of
options. Section 8(g) of the plan, deleted hereby, stated:






	 	 	 
	 

	 	“Loans. The Committee may authorize the making of loans or cash payments
to Participants in connection with the grant or exercise of any Award
under the Plan, which loans may be secured by any security, including
Common Stock, underlying or related to such Award (provided that the loan
shall not exceed the Fair Market Value of the security subject to such
Award), and which may be forgiven upon such terms and conditions as the
Committee may establish at the time of such loan or at any time
thereafter.”






	 	 	 
	RESOLVED:

	 	That Section 5(c) of the Amended and Restated 1996 Equity Incentive Plan be amended to
delete the bracketed language indicated in bold below, such that the plan shall no longer
provide for Company loans to pay for the exercise price of options:






	 	 	 
	 

	 	(c) Payment. Payment for shares to be delivered pursuant to any exercise
of an Option may be made in whole or in part in cash or, to the extent
permitted by the Committee at or after the grant of the Option, by
delivery of [a note or other commitment satisfactory to the Committee or]
shares of Common Stock owned by the optionee, including Restricted Stock,
or by retaining shares otherwise issuable pursuant to the Option, in each
case valued at their Fair Market Value on the date of delivery or
retention, or such other lawful consideration as the Committee may
determine.
[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Page 69432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27622]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD633


North Pacific Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of a public meeting.

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

SUMMARY: The North Pacific Fishery Management Council (Council) Charter 
Management Implementation Committee will meet in Anchorage, AK.

DATES: The meeting will be held on December 8, 2014, from 3 p.m. to 5 
p.m. (AST).

ADDRESSES: The meeting will be held at the North Pacific Fishery 
Management Council, 605 W. 4th Avenue, Conference Room 205, Anchorage, 
AK. The meeting will be accessible via teleconference: (907) 271-2896.
    Council address: North Pacific Fishery Management Council, 605 W. 
4th Ave., Suite 306, Anchorage, AK 99501-2252.

FOR FURTHER INFORMATION CONTACT: Steve MacLean, Council staff; 
telephone: (907) 271-2809.

SUPPLEMENTARY INFORMATION: The committee will meet to review analyses 
of potential Area 2C and Area 3A charter halibut management measures 
for 2015, and to make a recommendation for the Council to consider at 
its December, 2014 meeting. Potential management measures were posted 
on the Council Web site at http://www.npfmc.org/halibut-charter-management/charter-management-implementation-committee/.
    Although non-emergency issues not contained in this agenda may come 
before these groups for discussion, those issues may not be the subject 
of formal action during this meeting. Action will be restricted to 
those issues specifically listed in this notice and any issues arising 
after publication of this notice that require emergency action under 
section 305(c) of the Magnuson-Stevens Act, provided the public has 
been notified of the Council's intent to take final action to address 
the emergency.

Special Accommodations

    The meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Gail Bendixen at (907) 271-2809 at least 7 
working days prior to the meeting date.

    Dated: November 18, 2014.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2014-27622 Filed 11-20-14; 8:45 am]
BILLING CODE 3510-22-P
[Federal Register Volume 79, Number 224 (Thursday, November 20, 2014)]
[Notices]
[Page 69115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27565]


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

FEDERAL COMMUNICATIONS COMMISSION


Sunshine Meeting Act; Canceled

Special Commission Meeting Scheduled for October 24, 2014

    The Federal Communications Commission has canceled the Special 
Commission Meeting on the subject listed below, previously scheduled 
for Friday, October 24, 2014 at 445 12th Street SW., Washington, DC. 
This item has been adopted by the Commission.

------------------------------------------------------------------------
              Bureau                              Subject
------------------------------------------------------------------------
Enforcement......................  Title: Enforcement Bureau Action.
                                   Summary: The Commission will consider
                                    whether to take an enforcement
                                    action.
------------------------------------------------------------------------

    Additional information concerning this meeting may be obtained from 
Meribeth McCarrick, Office of Media Relations, telephone number (202) 
418-0500; TTY 1-888-835-5322.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2014-27565 Filed 11-18-14; 11:15 am]
BILLING CODE 6712-01-P
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-04-00281-CV Edwin Dunk, Appellant

v. Cleva Gandy and Ray Golather, Appellee
FROM THE DISTRICT COURT OF FAYETTE COUNTY, 155TH JUDICIAL DISTRICT

NO. 2001V-209, HONORABLE DAN R. BECK, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N Appellant Edwin Dunk has filed a motion to dismiss this appeal pursuant to the parties’ settlement agreement. Accordingly, we grant appellant’s motion and dismiss the appeal. See Tex. R. App. P. 42.1.

W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices B. A. Smith and Pemberton Dismissed on Appellant’s Motion Filed: September 10, 2004
Exhibit 13.11

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Annual Report on Form 20-F of Inmarsat Leasing (Two) Limited (the "Company") for the annual period ended
December 31, 2004 (the "Periodic Report"), I, Andrew Sukawaty, Chief Executive Officer of the Company, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge the Periodic Report fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and the information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

| |  | /s/ANDREW SUKAWATYAndrew Sukawaty Chief Executive Officer
| |  | ---------------------------------------------------------

Date:
April 29, 2005

---



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###### National Science Foundation

# AGENCY:

National Science Foundation.

# ACTION:

Notice; correction.

# SUMMARY:

The National Science Foundation published a notice on November 7, 2014, at 79 FR 66419, seeking comments on establishing an information collection for the Foundation's Large Facilities Program's Large Facilities Manual. The document did not include the link to view the draft manual.

# FOR FURTHER INFORMATION CONTACT:

                        Please send comments to Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Virginia 22230 or send email to                         *splimpto@nsf.gov*. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339, which is accessible 24 hours a day, 7 days a week, 365 days a year (including federal holidays).                    

## Correction

                        In the                         **Federal Register**                         of November 7, 2014, in FR Doc. 2014-26444, on page 66419, in the third column, in the                         **ADDRESSES**                         caption to read: “The draft Large Facilities Manual may be found at the following link:                         *http://www.nsf.gov/​bfa/​lfo/​NSF_​Large_​Facilities_​Manual_​110414_​1700-WM_​(for_​OMB).pdf*. Written comments regarding the information collection and requests for hard copies of the proposed information collection request should be addressed to Suzanne Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Blvd., Rm. 1265, Arlington, VA 22230, or by email to                         *splimpto@nsf.gov*.”                    

Dated: November 13, 2014.

Suzanne H. Plimpton,

Reports Clearance Officer, National Science Foundation.

[FR Doc. 2014-27249 Filed 11-17-14; 8:45 am]

BILLING CODE 7555-01-P
EXHIBIT 32.2
NOVELLUS SYSTEMS, INC.
CERTIFICATION
In connection with the periodic report of Novellus Systems, Inc. (the “Company”) on Form 10-Q forthe period ended April 2, 2005 as filed with the Securities and Exchange Commission (the “Report”),I, John Chenault, Vice President and Chief Financial Officer of the Company, hereby certify as ofthe date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United StatesCode, that to the best of my knowledge:
 (1)  the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable,of the Securities Exchange Act of 1934, and  (2)  the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company at the dates and for theperiods indicated.     Dated: May 6, 2005 By: /s/ John Chenault       John Chenault   Vice President and ChiefFinancial Officer
Exhibit 32.1




CERTIFICATION FURNISHED 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 Patriot Scientific Corporation (the “Company”) on Form 10-Q for the period ended August 31, 2010, as filed with the Securities and Exchange Commission and to which this Certification is an exhibit (the “Report”), the undersigned officer of the Company does hereby certify, pursuant to Rule 13a–14(b) or Rule 15d–14(b) of the Securities and Exchange Act of 1934, as amended, and Section 1350 of Chapter 63 of Title 18 of the United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to 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: October 12, 2010


/s/ Clifford L. FlowersClifford L. Flowers

Interim Chief Executive Officer

and Chief Financial Officer





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





This Certification is being furnished pursuant to Rule 15(d) and shall not be deemed “filed” for purposes of Section 18 of the Exchange Act (15 U.S.C. 78r), or otherwise subject to the liability of that section. This Certification shall not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.