alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SNDK Ex-10.5 - Director Option Grant Notice (2013 Plan)


EXHIBIT 10.5




SANDISK CORPORATION 


NOTICE OF GRANT OF NON-EMPLOYEE DIRECTOR
STOCK OPTION 


Notice is hereby given of the following option grant (the “Option”) to purchase shares of the Common Stock of SanDisk Corporation (the “Corporation”): 


	
		
	Optionee:
	 




	
		
	Grant Date:
	 




	
				
	Exercise Price:
	$
	 
	per share




	
							
	Number of Option Shares:
	[
	 
	] shares of Common Stock




	
		
	Expiration Date
	 






Type of Option: Non-Statutory Stock Option 


Date Exercisable: Immediately Exercisable 


Vesting Schedule: [To be completed in accordance with the Non-Employee Director Compensation Policy]


Optionee understands and agrees that the Option is granted subject to and in accordance with the terms of the SanDisk Corporation 2013 Stock Incentive Plan (the “Plan”) and the Non-Employee Director Compensation Plan. Optionee further agrees to be bound by the terms of the Plan and the terms of the Option as set forth in the Stock Option Agreement attached hereto as Exhibit A. Optionee hereby acknowledges receipt of a copy of the official prospectus for the Plan in the form attached hereto as Exhibit B. A copy of the Plan is available upon request made to the Corporate Secretary at the Corporation’s principal offices. 


REPURCHASE RIGHT. OPTIONEE HEREBY AGREES THAT ANY UNVESTED OPTION SHARES ACQUIRED UPON THE EXERCISE OF THE OPTION SHALL BE SUBJECT TO A REPURCHASE RIGHT EXERCISABLE BY THE CORPORATION AND ITS ASSIGNS. THE TERMS OF SUCH RIGHT SHALL BE SPECIFIED IN A STOCK PURCHASE AGREEMENT, IN FORM AND SUBSTANCE SATISFACTORY TO THE CORPORATION, EXECUTED BY OPTIONEE AT THE TIME OF THE OPTION EXERCISE. 


Definitions. Except as otherwise specified in this Notice, all capitalized terms in this Notice shall have the meaning assigned to them in the Plan or in the attached Stock Option Agreement. 


	
					
	DATED:
	 
	, 20
	 
	 




	
					
	 
	 
	SANDISK CORPORATION

	 
	 
	By:
	 
	 

	 
	 
	Title:
	 
	 

	 
	 
	 
	 
	 

	 
	 
	 
	 
	, OPTIONEE

	 
	 
	Address:
	 
	 

	 
	 
	 
	 
	 






ATTACHMENTS
Exhibit A -Stock Option Agreement
Exhibit B - Plan Summary and Prospectus 











EXHIBIT A 
STOCK OPTION AGREEMENT 











EXHIBIT B 
PLAN SUMMARY AND PROSPECTUS
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000833054
<NAME> GEODYNE ENERGY INCOME LIMITED PARTNERSHIP II-C
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         378,704
<SECURITIES>                                         0
<RECEIVABLES>                                  264,571
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               643,275
<PP&E>                                      10,295,477
<DEPRECIATION>                               8,373,908
<TOTAL-ASSETS>                               2,729,797
<CURRENT-LIABILITIES>                           43,982
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   2,616,667
<TOTAL-LIABILITY-AND-EQUITY>                 2,729,797
<SALES>                                        514,182
<TOTAL-REVENUES>                               516,798
<CGS>                                                0
<TOTAL-COSTS>                                  305,827
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                210,971
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            210,971
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   210,971
<EPS-PRIMARY>                                     1.27
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 31.2 CERTIFICATION

I, Kelly Tucek, Assistant Vice President, certify that:

- I have reviewed this report on Form 10-Q of Inland Land Appreciation Fund, L.P.;  
- 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;  
- 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 registrant as of, and for, the periods presented in this report.  
- The registrant'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 registrant and we have:

> - 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 registrant, 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;
- 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
- 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.

- The registrant's other certifying officer and I have disclosed, based on our 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 function):

> - all significant deficiencies and material weaknesses in the design or operation of internal control adversely affect the registrant's ability to record, process, summarize and report financial information; and
- any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.

By: Inland Real Estate Investment Corporation      General Partner
/S/ Kelly Tucek________________________

Name: Kelly TucekTitle: Assistant Vice President of the General Partner and         principal financial officer of Inland Land Appreciation Fund, L.P.

Date: November 12, 2003
EXHIBIT 24

                                POWER OF ATTORNEY

      KNOW ALL MEN BY THESE PRESENTS, that each of the undersigned directors and
officers of Bankers Trust Corporation hereby constitute and appoint Juergen
Fitschen, John A. Ross, Douglas R. Barnard and James T. Byrne, Jr., or any one
of them, their true and lawful attorney or attorneys and agent or agents, with
the power and authority to sign the names of the undersigned to the Annual
Report on Form 10-K for the year 2001 of Bankers Trust Corporation pursuant to
Section 13 of the Securities and Exchange Act of 1934 and any amendments thereto
and each of the undersigned does hereby ratify and confirm all that said
attorney or attorneys and agent or agents or any one of them shall do or cause
to be done by virtue hereof.

      IN WITNESS WHEREOF, each of the undersigned has subscribed these presents.

March 25, 2002                          Bankers Trust Corporation


                                        By /S/ JUERGEN FITSCHEN
                                               ---------------------------------
                                               Juergen Fitschen
                                               Chairman of the Board


/S/ JUERGEN FITSCHEN
----------------------------------------
    Juergen Fitschen
    Chairman of the Board,
    Chief Executive Officer and Director
    (Principal Executive Officer)


/S/ DOUGLAS R. BARNARD
----------------------------------------
    Douglas R. Barnard
    Chief Financial Officer
    (Principal Financial Officer and
    Principal Accounting Officer)


/S/ ROBERT B. ALLARDICE III
----------------------------------------
    Robert B. Allardice III     Director


                               Bankers Trust Corporation and its Subsidiaries 63
<PAGE>

                                                                  March 25, 2002


/S/ HANS H. ANGERMUELLER
----------------------------------------
    Hans H. Angermueller        Director


/S/ GEORGE B. BEITZEL
----------------------------------------
    George B. Beitzel           Director


/S/ JESSICA P. EINHORN
----------------------------------------
    Jessica P. Einhorn          Director


/S/ WILLIAM R. HOWELL
----------------------------------------
    William R. Howell           Director


/S/ JOHN A. ROSS
----------------------------------------
    John A. Ross                Director


/S/ MAYO A. SHATTUCK III
----------------------------------------
    Mayo A. Shattuck III        Director


64 Bankers Trust Corporation and its Subsidiaries
CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


     The  undersigned  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
undersigned's  best knowledge and belief,  the Quarterly Report on Form 10-Q for
the Geodyne Energy Income  Limited  Partnership  II-C  ("Issuer") for the period
ending June 30, 2006 as filed with the Securities and Exchange Commission on the
date hereof (the "Report"):

      (a)   fully complies with the requirements of section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and
      (b)   the  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Issuer.

      Dated this 14th day of August, 2006.

                                    GEODYNE ENERGY INCOME LIMITED
                                    PARTNERSHIP II-C
                                    ("Issuer")

                                    //s// Dennis R. Neill
                                    -----------------------------------
                                    Dennis R. Neill
                                    President (Chief Executive Officer)

                                    //s// Craig D. Loseke
                                    -----------------------------------
                                    Craig D. Loseke
                                    Chief Accounting Officer
                                    (Chief Financial Officer)


      A signed  original of this written  statement  required by Section 906 has
been  furnished to Geodyne  Energy Income  Limited  Partnership II-C and will be
retained by Geodyne Energy Income Limited  Partnership II-C and furnished to the
Securities and Exchange Commission or its staff upon request.
## ELECTRONIC RECORD COA # 02-13-00367-CR OFFENSE: 19.03 Gordon Ray Lewis v. The State of 

### STYLE: Texas COUNTY: Hood 

# 173-/5-

COA DISPOSITION: AFFIRMED TRIAL COURT: 355th District Court DATE: 12/18/14 Publish: NO TC CASE #: CR12234



### IN THE COURTOF CRIMINALAPPEALS Gordon Ray Lewis v.The State of STYLE: Texas 

# AFP£l/^l*/tJS FOR DISCRETIONARY REVIEW IN CCA IS: 

# DATE: /oMwiT JUDGE: jcM CltsL^ Petition CCA#: 

# 173-IS CCADisposition: DATE: JUDGE: SIGNED: PUBLISH: REHEARING IN CCA IS: JUDGE: PC:_ DNP:

MOTION FOR ELECTRONIC RECORD
Unassociated Document


Exhibit 10.9


 


CodeSmart Group, Inc.


103 Waters Edge,


Congers, NY 10920







April 22, 2013







Florida International University


Chapman Graduate School of Business


1101 Brickell Avenue, South Tower #306


Miami, FL 33131


Attn:  Nancy Borkowski, DBA, CPA, FACHE, FHFMA


Clinical Associate Professor


Executive Director, Health Management Programs







Re:           Course Development and Management Services and License Agreement







Reference is made to that certain Course Development and Management Services and License Agreement (the “Agreement”), dated October 31, 2011, by and among International Alliance Solutions (“IAS”) and The Florida International University Board of Trustees on behalf of its College of Business (“FIU”). On October 3, 2012, the founding members and management of International Alliance Solutions transferred all of their intellectual property, contracts and assets to the CodeSmart Group, Inc (“Codesmart”). As of October 3, 2012, IAS ceased operations and in connection therewith, IAS assigned to CodeSmart all of its rights and obligations under the Agreement.







IAS hereby agrees and acknowledges that effective October 3, 2012, its rights and obligations under the Agreement were assigned to CodeSmart.







CodeSmart and FIU have continued to do business under the terms and conditions of the Agreement, in recognition of this assignment from IAS to CodeSmart; however, to memorialize the parties’ acceptance of such assignment under the Agreement, CodeSmart hereby formally requests FIU’s written approval of the assignment of the Agreement to CodeSmart, effective as of October 3, 2012, in accordance with Section 11 of the Agreement.   Please execute below to confirm and/or approve the assignment of the IAS’s rights and obligations under the Agreement to CodeSmart as of October 3, 2012.







This letter may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument.







By your execution hereof, all signatories below hereby agree to the terms and conditions of this letter agreement.


 




	 	
Very truly yours,

	 
	 	 	 
	 	CodeSmart Group, Inc.	 
	 	 	 	 
	 	
By: 

	 	 
	 	 	Name: Ira Shapiro	 
	 	 	Title: Chief Executive Officer	 







 




  





  











  






 


ACCEPTED AND AGREED:







The Florida International University


Board of Trustees


 



	By: 	 	 
	Name:   	Nancy Borkowski,

DBA, CPA, FACHE, FHFMA Clinical Associate Professor Executive Director, Health Management Programs	 
	 	 	 
	Title: 	 
Clinical Associate Professor

Executive Director, Health Management Programs

	 
	 	 	 
	 
International Alliance Solutions


	 	 	 
	By: 	 	 
	Name: 	 
Ira Shapiro

	 
	Title: 	 
Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>

This  schedule  contains  summary  financial   information  extracted  from  the
Corporation's  Consolidated Financial Statements as of and for the twelve months
ended December 31, 1999, and the accompanying  footnotes and is qualified in its
entirety by the reference to such Consolidated Financial Statements.

</LEGEND>
<CIK> 0000012355
<NAME> THE BLACK & DECKER CORPORATION
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                         147,300
<SECURITIES>                                         0
<RECEIVABLES>                                  876,500
<ALLOWANCES>                                    53,300
<INVENTORY>                                    751,000
<CURRENT-ASSETS>                             1,911,400
<PP&E>                                       1,559,200
<DEPRECIATION>                                 819,600
<TOTAL-ASSETS>                               4,012,700
<CURRENT-LIABILITIES>                        1,572,700
<BONDS>                                        847,100
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        43,600
<OTHER-SE>                                     757,500
<TOTAL-LIABILITY-AND-EQUITY>                 4,012,700
<SALES>                                      4,520,500
<TOTAL-REVENUES>                             4,520,500
<CGS>                                        2,834,400
<TOTAL-COSTS>                                3,984,200
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             126,300
<INCOME-PRETAX>                                441,300
<INCOME-TAX>                                   141,000
<INCOME-CONTINUING>                            300,300
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   300,300
<EPS-BASIC>                                       3.45
<EPS-DILUTED>                                     3.40


</TABLE>
Amendment #3 To 


 


DEBT CONVERSION AGREEMENT


 


This Agreement (the “Amendment Agreement”) is an
amendment to the Debt Conversion Agreement dated the 25th day of March, 2013 (“Conversion Agreement”), by
and between KOPIN CORPORATION ("Holder"), and VUZIX CORPORATION, a Delaware corporation ("Company").


 


In consideration of the mutual covenants
and agreements contained herein and in the Debt Conversion Agreement, the parties agree to amend the Conversion Agreement effective
immediately as follows:


 


 


		1.	Paragraph 6 (a) of the Conversion Agreement currently provides that:



 


6 (a) At the option of any party in the event that
the Debt Conversion has not occurred by June 30, 2013 and such delay was not as a result of any breach of this Agreement by the
terminating party;


 


The Conversion Agreement Paragraph 6 (a) is hereby
amended to state:


 


6 (a) At the option of any party in the event that
the Debt Conversion has not occurred by August 31 June 30, 2013 and such delay was not as a result
of any breach of this Agreement by the terminating party;


 


		2.	All other provisions and terms making reference to or subject to the approval of the TSX Venture Exchange (“TSXV”)
shall be deleted and removed from the Conversion Agreement and any amendments there to.



 


		3.	All other provisions and terms of the Conversion/Exchange Agreement and any amendments thereto shall remain the in effect in
accordance with their original terms.



 


EXECUTED on this 29th day of July 2013.


 


	 	Company:   Vuzix Corporation	 	Holder: Kopin Corporation
	 	 	 	 	 	 	 
	 	 	By:	/s/ Paul Travers	 	By: 	/s/ Richard Sneider
	 	 	Name:  	Paul Travers	 	Name:  	Richard Sneider
	 	 	Title:	President & CEO	 	Title:	CFO
#### UNITED STATES of America, Plaintiff—Appellee, v. James Gilbert BERRY, Defendant—Appellant.

No. 06-6425.

United States Court of Appeals, Fourth Circuit.

Submitted: June 15, 2006.

Decided: June 20, 2006.

*407Joseph Abraham Sanzone, Sanzone *&*Baker, PC, Lynchburg, Virginia, for Appellant. William Frederick Gould, Office of the United States Attorney, Charlottesville, Virginia, for Appellee.

Before KING, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

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

PER CURIAM:

James Gilbert Berry seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2000) motion and subsequent motion to reconsider. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Berry has not made the requisite showing. *See United States v. Morris,*429 F.3d 65, 72 (4th Cir.2005) (holding that *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), is not retroactively applicable to cases on collateral review). 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 before the court and argument would not aid the decisional process.

*DISMISSED*
**Exhibit 32.1**

 

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 Black Hills Power, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, David R. Emery, Chairman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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.

 

 
| Date: | March 27, 2006 |
|-------|----------------|

 
| /s/ David R. Emery |
|--------------------|

David R. Emery

Chairman, President and

Chief Executive Officer