alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w32



 





Exhibit 10.32



September 23, 2004



Mr. Michael D. Perry

C/o Vitria Technology, Inc.

945 Stewart Drive

Sunnyvale, CA 94085




Dear Michael:




This letter is intended to amend the offer letter provided to you and dated
June 14, 2004.



The only section of that offer letter that is amended is Section 4. Section 4
is replaced in its entirety with the following new Section 4:




Section 4. Benefits and Vacation. You shall be entitled to participate in all
benefit programs that Vitria establishes and makes available to its employees.
You shall be entitled to four (4) weeks paid vacation per year. Your employment
with Vitria is at will which means that either you or Vitria may
terminate the employment relationship at any time, with or without cause,
and with or without advance notice.




You are entitled to participate in the Vitria Key Employee Retention and
Severance Plan, adopted January 22, 2002 (the “Severance Plan”) pursuant
to the terms of the Severance Plan. The Severance Plan provides you with
certain severance benefits in the event of a Covered Termination (as
those terms are defined in the Plan). This Section 4 is intended to
provide you with severance benefits in a situation that is not covered by
the Severance Plan.




Specifically, you will be entitled to 12 months continuation of your base
salary (less required deductions and withholdings) if all of the
following conditions are met: (1) The Chief Executive Officer (“CEO”)
who immediately succeeds Dale Skeen terminates your employment without
Cause (as that term is defined in the Severance Plan) within 12 months of
your hire date; (2) this termination is not a Covered Termination (as
defined in the Severance Plan); and (3) you sign and allow to become
effective a general release of all claims against the Company and its
officers, directors, employees and agents in a form reasonably
satisfactory to the Company.



All other terms and conditions stated in the June 14, 2004 offer letter remain
unchanged.



Sincerely,



Vitria Technology, Inc.




/S/ DALE SKEEN






Dale Skeen

CEO and Founder



I have read and agree to the terms and conditions contained herein:



	 	 	 
	/S/ MICHAEL D. PERRY

	 	9/23/2004
	
 

	 	
 
	Michael D. Perry

	 	Date
IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

NORTHERN DIVISION

WEEKLY’S TRUCKING, L.L.C., )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO.

) 06-0400-BH-B

CJ’S TRUCKING, L.L.C., )

)

Defendant. )

ORDER

This action is before the Court on a motion to dismiss for lack of personal

jurisdiction, or in the alternative, to transfer to a more convenient forum (Doc. 12), which

was filed by the defendant, CJ’s Trucking, L.L.C. (“CJ’s”). Upon consideration of the

motion, plaintiff’s response in opposition thereto (Doc. 16), and all other pertinent

portions of the record, the Court concludes and it is therefore ORDERED that CJ’s

motion to dismiss is due to be and is hereby DENIED for the reasons stated by the

plaintiff. 

The evidence clearly demonstrates that CJ’s was transacting business in the State

of Alabama at the time it entered into the contract at issue in this action and had sufficient

minimum contacts with the State of Alabama to satisfy due process requirements. This

Court unquestionably has in personam jurisdiction over the defendant. Venue is also

proper inasmuch as a substantial part of the events or omissions giving rise to plaintiff’s

Case 2:06-cv-00400-BH-B Document 17 Filed 09/21/06 Page 1 of 2
2

claim occurred within this venue and CJ’s has failed to satisfy the Court that transfer

pursuant to 28 U.S.C. § 1404(a) is appropriate.

DONE this 21st day of September, 2006.

 s/ W. B. Hand 

SENIOR DISTRICT JUDGE

Case 2:06-cv-00400-BH-B Document 17 Filed 09/21/06 Page 2 of 2
##### 



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 8-K
 CURRENT REPORT
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
  INCO LIMITED
  CANADA
(Province or other jurisdiction of
incorporation or organization)
    
    1-1143
(Commission File Number)
    
    98-0000676
(I.R.S. Employer Identification
Number (if applicable))
 145 King Street West, Suite 1500,
Toronto, Ontario M5H 4B7
(416) 361-7511
 Form 8-K
 þ
    
    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)o
    
    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o
    
    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))o
    
    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))




---



##### 



Item 9.01 Financial Statements and Exhibits.
 (b) Pro Forma Financial Information.




---



##### 



SIGNATURES
  INCO LIMITEDBy:

/s/  Stuart
F. FeinerStuart F. FeinerExecutive Vice-President, Corporate Affairs




---



##### 



EXHIBIT INDEX
 Exhibit No.
    
    Description of Exhibit
    
    Page(1)
    
    Exhibit 99(99.1) Unaudited Pro Forma Consolidated Financial Information
Exhibit 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002

In connection with Quarterly Report of IRIS International, Inc. (the Company) on Form 10-Q for the period ending
June 30, 2006 as filed with the Securities and Exchange Commission on the date thereof (the Report), I, Donald C. Mueller, 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, to the best of my knowledge:



| | 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: August 9, 2006



|                                         
|-----------------------------------------
|                                         
|/s/ DONALD C. MUELLER                    
|Donald C. Mueller Chief Financial
Officer

This certification shall not be deemed filed for purposes of Section 18 of the Securities
Exchange Act of 1934, or the Exchange Act, or otherwise subject to the liability of Section 18 of the Exchange Ace. Such certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the
Exchange Act, except to the extent that the Company specifically incorporates it by reference.
EXHIBIT 10.87

                    AMENDMENT NO. 1 TO STOCKHOLDERS AGREEMENT


           AMENDMENT NO. 1 TO STOCKHOLDERS AGREEMENT made and entered into as of
31st day of December, 2003, by and among INSCI Corp., a Delaware corporation
(the "Company"), SCP Private Equity Partners II, L.P., a Delaware Limited
Liability Partnership ("SCP") and CSSMK, LLC, a Massachusetts Limited Liability
Company (the "Stockholder" or CSSMK").

                                    RECITALS

         WHEREAS, the Company, SCP and CSSMK are agreeable to an Amendment to
the Stockholders Agreement; and

         WHEREAS, SCP has purchased an additional 180,450 shares of Series C
Preferred Stock; and

         WHEREAS, CSSMK has purchased an additional 51,557 shares of Series C
Preferred Stock.


                  NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:


         FIRST:   The Stockholders  Agreement dated as of December 31, 2003
(Stockholders  Agreement) is ratified, adopted and confirmed and is annexed
hereto, made a part hereof, and marked as Exhibit "1" .

         SECOND: The Company has sold and conveyed 180,450 shares of Series C
Preferred Stock to SCP and 51,557 shares of Series C Preferred Stock to CSSMK,
and the parties agree that all terms and conditions contained in the
Stockholders Agreement will govern and be binding upon SCP and CSSMK with
respect to the purchase of 180,450 shares of Series C Preferred Stock being
purchased by SCP on even date and the 51,557 shares of Series C Preferred Stock
purchased by CSSMK.

         IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
1 TO STOCKHOLDERS Agreement as of the date above written.


<PAGE>


COMPANY:                                    SCP:

INSCI CORP.                                 SCP PRIVATE EQUITY PARTNERS II, L.P.
                                            BY: SCP PRIVATE EQUITY II GENERAL
                                                PARTNER, L.P., ITS GENERAL
                                                PARTNER
By:                                         BY: SCP PRIVATE EQUITY II, LLC
   --------------------------------

Name:

Title:                                      BY:
   --------------------------------            -------------------------------
                                            Name:
                                                  ----------------------------
                                            Title:
                                                  ----------------------------


                                            STOCKHOLDER:

                                            CSSMK, LLC


                                            By:
                                               -------------------------------
                                            Name:
                                                 -----------------------------
                                            Title:
                                                 -----------------------------




<PAGE>
FORM OF SUBSCRIPTION


(to be signed only on exercise of Warrant)


TO:  ACQUIRED SALES CORP.


The undersigned, pursuant to the provisions set forth in the attached Warrant (No.____), hereby irrevocably elects to purchase (check applicable box):





___           ________shares of the Common Stock covered by such Warrant; or


___           the maximum number of shares of Common Stock covered by such Warrant pursuant to the cashless exercise procedure set forth in Section 2.





The undersigned herewith makes payment of the full purchase price for such shares at the price per share provided for in such Warrant, which is $___________.  Such payment takes the form of (check applicable box or boxes):





___           $__________ in lawful money of the United States; and/or


___           the cancellation of such portion of the attached Warrant as is exercisable for a total of _______ shares of Common Stock (using a Fair Market Value of $_______ per share for purposes of this calculation); and/or





___           the cancellation of such number of shares of Common Stock as is necessary, in accordance with the formula set forth in Section 2, to exercise this Warrant with respect to the maximum number of shares of Common Stock purchasable pursuant to the cashless exercise procedure set forth in Section 2.





The undersigned requests that the certificates for such shares be issued in the name of, and 
delivered to ________________________________________________________________________________________________________________________________
whose address is ____________________________________________________________________________________________________________________________





The undersigned represents and warrants that all offers and sales by the undersigned of the securities issuable upon exercise of the within Warrant shall be made pursuant to registration of the Common Stock under the Securities Act of 1933, as amended (the "Securities Act"), or pursuant to an exemption from registration under the Securities Act.





Dated:___________________
_______________________________________________________________
(Signature must conform to name of holder as specified on the face of the Warrant)



_______________________________________________________________

_______________________________________________________________

(Address)
#### Isaac NICHOLAS, SSG, Sp. Ops., Petitioner—Appellant, v. NATIONAL SECURITY AGENCY, (NSA), Respondent—Appellee.

No. 06-7129.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 17, 2006.

Decided: Oct. 23, 2006.

Isaac Nicholas, Appellant Pro Se. John Walter Sippel, Jr., Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Isaac Nicholas appeals the district court’s order granting summary judgment to Defendant on his claim filed pursuant to the Freedom of Information Act, 5 U.S.C.A. § 552 (West 1996 & Supp.2006). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Nicholas v. Nat'l Sec. Agency,*No. 1:05-cv-02800-WDQ (D.Md. May 11, 2006). *533We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
EXHIBIT 32.1

Certification Required by Rule 13a-14(b) or

Rule 15d-14(b) and Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of Permian Basin Royalty Trust (the Trust) on Form 10-Q for the quarterly period ended June 30, 2016, as
filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, not in its individual capacity but solely as the trustee of the Trust, certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to its 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 Trust.



|                     |  |  |  |                                                         |  |                                                           
|-------------------- |  |  |  | ------------------------------------------------------- |  | ----------------------------------------------------------
|                     |  |  |  | SOUTHWEST BANK, TRUSTEE FOR PERMIAN
BASIN ROYALTY TRUST
|                     |  |  | 
|Date: August 4, 2016 |  |  |  | By:                                                     |  | /s/ RON E. HOOPER                                         
|                     |  |  |  |                                                         |  | Ron E. Hooper, SVP Royalty Trust
Management Southwest Bank

A signed original of this written statement required by Section 906 has been provided to Permian Basin Royalty Trust and will
be retained by Permian Basin Royalty Trust and furnished to the Securities and Exchange Commission or its staff upon request.
EX-35.1
(logo) EMC
Mortgage Corporation


ITEM 1123 ANNUAL STATEMENT OF COMPLIANCE

EMC MORTGAGE CORPORATION


The undersigned officers of EMC Mortgage Corporation ("EMC") as servicer
pursuant to the Bear Stearns Mortgage Funding Trust 2007-AR3 Agreement (the
"Agreement") hereby certify that:

1.   A review of EMC's activities during the period from and including January
     1, 2007 through and including December 31, 2007 (the "Reporting Period")
     and EMC's performance under the Agreement has been made under my
     supervision.

2.   To the best of my knowledge, based on such review, EMC has fulfilled all of
     its obligations under the Agreement in all material respects throughout the
     Reporting Period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 12th
day of March 2008.

By: /s/ David B. Little
David B. Little
Executive Vice President
Default Administration

/s/ William Glasgow Jr.
William Glasgow Jr.
Executive Vice President
Enterprise Operations Services

/s/ Jenna Kemp
Jenna Kemp
Executive Vice President
Investor Administration


(logo) MBA Member
Mortgage Bankers
Association of America

2780 Lake Vista Drive, Lewisville, Texas 75067
Mailing Address: P.O. Box 1292190 Lewisville, Texas 75029-2190
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk September 11, 2009

l0831 

# Order

September 11, 2009

138451

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 138451 COA: 280438 Washtenaw CC: 05-001797-FH COREY MALIK TAYLOR, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the January 20, 2009 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.
#### In the Matter of Transitional Services of New York for Long Island, Inc., Respondent-Appellant, v New York State Office of Mental Health et al., Appellants-Respondents.

Submitted August 3, 2009;

decided August 27, 2009

Reported below, 44 AD3d 673.

Motion by Association for Community Living for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served and 24 copies filed within seven days.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-83,930-01

EX PARTE EDRICK DUNN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2011-432,529 IN THE 140TH DISTRICT COURT

FROM LUBBOCK COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated

robbery and sentenced to fifty years’ imprisonment. The Seventh Court of Appeals affirmed his

conviction. Dunn v. State, No. 07-13-00378-CR (Tex. App. — Lubbock, August 11, 2014) (not

designated for publication). 

Applicant contends that his appellate counsel rendered ineffective assistance because counsel

failed to timely notify Applicant that his conviction had been affirmed and failed to advise him of
2

his right to petition pro se for discretionary review. 

Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court

has entered findings of fact and conclusions of law that appellate counsel failed to timely notify

Applicant that his conviction had been affirmed and failed to advise him of his right to petition for

discretionary review pro se. The trial court recommends that relief be granted. Ex parte Wilson, 956

S.W.2d 25 (Tex. Crim. App. 1997).

We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition

for discretionaryreview of the judgment of the Seventh Court of Appeals in Cause No. 07-13-00378-

CR that affirmed his conviction in Cause No. 2011-432,529 from the 140th District Court of

Lubbock County. Applicant shall file his petition for discretionary review with this Court within 30

days of the date on which this Court’s mandate issues.

Delivered: October 14, 2015

Do not publish
#### First American Commercial Bancorp, Inc., Appellant, v Saatchi & Saatchi Rowland, Inc. (Formerly Saatchi & Saatchi Business Communications, Inc.), et al., Respondents.

Submitted February 17, 2009;

decided May 5, 2009

Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as dismissed the complaint as against Vanteon Corporation and CB Richard Ellis, denied; motion for leave to appeal otherwise dismissed upon the ground that the remainder of the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
Exhibit 10.1


PRESS RELEASE                        SOURCE: ADVANTAGE CAPITAL DEVELOPMENT CORP.

ADVANTAGE CAPITAL DEVELOPMENT CORP. FILES RESPONSE TO APPLICATION FOR RE-LISTING
ON OVER-THE-COUNTER BULLETIN BOARD

LATEST MOVE IN PREVIOUSLY ANNOUNCED COMPANY-WIDE RESTRUCTURING PLAN TO CREATE
LONG-TERM SHAREHOLDER VALUE

MIAMI, Sept. 23 /PRNewswire-FirstCall/ -- Advantage Capital Development Corp.
(OTC Pink Sheets: AVCP - News), formerly CEC Industries Corp., announced today
that it has submitted its responses to the comments issued by the NASD for its
Form15c211 filing with the NASD to re-list its stock on the Over-the-Counter
Bulletin Board (OTCBB).

Advantage Capital Development Corp. CEO Jeffrey Sternberg said the company meets
all the necessary requirements for the OTCBB listing.

"The Bulletin Board listing provides better liquidity for our stock," Sternberg
said. "While we have always been a fully reporting company, this will remove the
stigma we believe is created by the Pink Sheet listing and will make our stock
more accessible to brokerage firms and individual investors. This is just
another positive step in our recently announced company-wide restructuring."

Sternberg said that given the recent changes in the structure of company to a
regulated business development company (BDC), it believes it can, if it is
successful with its financing efforts and execution of its business plan,
position itself for an exchange listing in the future. Sternberg stressed that
while there is no guarantee of a listing on either the Nasdaq or Amex, it is
clearly one of the Company's medium-term goals.

Following a name change to better reflect its new business operations as a
regulated BDC, the Company recently announced it has made an investment in
Global IT Holdings, a New York-based holding company created to acquire targeted
IT staffing firms. Advantage Capital received 15 percent equity in Global for
its investment, which was made in the form of a collateralized senior debenture.


Safe Harbor Statement

The Private Securities Litigation Reform Act of 1995 provides a "safe harbor"
for forward-looking statements. Certain of the statements contained herein,
which are not historical facts, are forward-looking statements with respect to
events, the occurrence of which involve risks and uncertainties. These
forward-looking statements may be impacted, either positively or negatively, by
various factors. Information concerning potential factors that could affect the
Company is detailed from time to time in the Company's reports filed with the
Securities and Exchange Commission.

Contact: Peter Nasca, 312-421-0723