alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10_25.htm


    
      

    

    
      EXHIBIT
10.25

      


      AMENDMENT TO EMPLOYMENT
AGREEMENT

      


      Hypercom
Corporation (the “Company”) and Norman Stout (the “Executive”) entered into an
Employment Agreement (the “Agreement’) on December 26,
2007.  Section 409A of the Internal Revenue Code is potentially
applicable to the Agreement.  The Agreement has been administered in
good faith compliance with the requirements of Section 409A from
December 26, 2007 through the date of this Amendment and will continue to
be so administered.

      


      In order
to satisfy the documentation requirements of Section 409A, the Employment
Agreement hereby is amended as set forth below.

      


      
        1.            
This
Amendment is effective as of January 1, 2008.

      

      


      2.         
   Section 3 (c) of the Employment Agreement is hereby amended by
revising its second to last sentence to read as follows:

      


      Any
Gross-Up Payment to be paid pursuant to this Agreement shall be paid on April 4,
2008.

      


      3.          
  Section 18 of the Employment Agreement is hereby amended by adding
the following paragraphs to the end thereof:

      


      (c)           Under
no circumstances may the time or schedule of any payment made or benefit
provided pursuant to this Agreement be accelerated or subject to a further
deferral except as otherwise permitted or required pursuant to regulations and
other guidance issued pursuant to Section 409A of the Code.

      


      (d)           Employee
does not have any right to make any election regarding the time or form of any
payment due under this Agreement.

      


      IN
WITNESS WHEREOF, Executive has executed this Amendment, and Company has caused
this Amendment to be executed by its duly authorized representative, on this
31st
day of December, 2008.

      


      
        
          
            
              
                
                  
                    
                      
                        
                          	 
      	
                                  HYPERCOM
      CORPORATION

                                
	 
      	 
      	 
      
	 
      	 
      	 
      
	 
      	
                                  By

                                	
                                  /s/ Robert Vreeland

                                
	 
      	
                                  Its

                                	
                                  Interim CFO

                                
	 
      	 
      	 
      
	 
      	 
      	 
      
	 
      	
                                  “EXECUTIVE”

                                
	 
      	 
      	 
      
	 
      	
                                  /s/ Norman Stout

                                
	 
      	
                                  Norman
      Stout
Unassociated Document


  
     

    
      
        Exhibit
10.36.b

      

    

     

    


    

    


    


     

    
      The
undersigned agree this 31st day of December, 2008 that the employment agreement
between us dated September 29, 2006 shall be amended effective January 1, 2009
in the same manner (to the extent applicable) that changes are reflected in
redlining and strike-out on the attached restatement of the employment agreement
(with Stephen Plavin) that is attached hereto as Exhibit A. In January 2009, we
shall execute an amended and restated employment agreement in order
to clarify all changes being made. 

    

    


     

    
      
        
          
            
              
                
                  	 	CT
      INVESTMENT MANAGEMENT CO., LLC	 
	 	 	 	 
	
                           

                        	
                          By:
      

                        	/s/ John
      R. Klopp	 
	 	Name: 	John
      R. Klopp	 
	 	Title: 	
                          Chief Executive
      Officer

                        	 
	 	 	 	 


                

              

            

          

        

      

    

     

    
      
        
          	 	CAPITAL
      TRUST INC.	 
	 	 	 	 
	
                   

                	
                  By:
      

                	/s/ John
      R. Klopp	 
	 	Name: 	
                  John
      R. Klopp

                	 
	 	Title: 	
                  Chief
      Executive Officer

                	 
	 	 	 	 


        

      

    

     

    
      
        
          
            
              	
                       

                    	
                       

                    	/s/ Geoffrey
      Jervis	 
	 	 	Geoffrey
      Jervis	 
	 	 	 	 


            

          

        

      

    

     

    


    


    
      
        410 Park
Avenue • 14th Floor
New York, New York 10022 • 212.655.0220 • Fax 212.655.0044 • NYSE Symbol:
CT
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
     FROM THE COMPANY'S FORM 10-Q FOR THE PERIOD ENDED 9/30/97 AND IS QUALIFIED
     IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-START>                  JAN-01-1997
<PERIOD-END>                    SEP-30-1997
<EXCHANGE-RATE>                           1
<CASH>                                    0
<SECURITIES>                              0
<RECEIVABLES>                     6,095,802
<ALLOWANCES>                        810,000
<INVENTORY>                         580,863
<CURRENT-ASSETS>                  6,159,101
<PP&E>                            4,106,507
<DEPRECIATION>                      717,048
<TOTAL-ASSETS>                   21,828,816
<CURRENT-LIABILITIES>             7,580,810
<BONDS>                           3,325,742
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<COMMON>                             80,966
<OTHER-SE>                       10,793,411
<TOTAL-LIABILITY-AND-EQUITY>     21,828,816
<SALES>                           4,920,119
<TOTAL-REVENUES>                 24,366,209
<CGS>                             3,530,774
<TOTAL-COSTS>                    19,503,819
<OTHER-EXPENSES>                          0
<LOSS-PROVISION>                    761,872
<INTEREST-EXPENSE>                  508,948
<INCOME-PRETAX>                    (164,242)
<INCOME-TAX>                         25,911
<INCOME-CONTINUING>                (190,154)
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                       (190,154)
<EPS-PRIMARY>                          (.02)
<EPS-DILUTED>                          (.02)
        


</TABLE>
[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Notices]
[Page 41461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18507]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 10105]


Industry Advisory Group: Notice of Charter Renewal

    The Department of State has approved the renewal of the charter for 
the Bureau of Overseas Buildings Operations' (OBO) Industry Advisory 
Group for an additional two-year period. The group's annual meeting is 
held in the Harry S Truman Building at the U.S. Department of State, 
located at 2201 C Street NW., Washington, DC. Each meeting is devoted 
to an exchange of ideas between OBO's senior management and the group 
members on issues relating to property management; site acquisition; 
project planning; design and engineering; construction; facility 
maintenance; and building operations. The meetings are open to the 
public and are subject to advance registration and provision of 
required security information. Procedures for registration are included 
with each meeting announcement, no later than fifteen business days 
before each meeting.
    OBO's mission is to provide safe, secure and functional facilities 
that represent the U.S. government to the host nation and support our 
staff in the achievement of U.S. foreign policy objectives. These 
facilities represent American values and the best in American 
architecture, engineering, technology, sustainability, art, culture, 
and construction execution.
    For further information, please contact Christine Foushee at 312-
353-1242 or <a href="/cdn-cgi/l/email-protection#7b3d140e08131e1e382f3b080f1a0f1e551c140d"><span class="__cf_email__" data-cfemail="3b7d544e48535e5e786f7b484f5a4f5e155c544d">[email protected]</span></a>.

 William Moser,
Director, Acting, Overseas Buildings Operations, Department of State.
[FR Doc. 2017-18507 Filed 8-30-17; 8:45 am]
 BILLING CODE 4710-51-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
|   | (i)    | the      Form 10-Q fully complies with the requirements of      Section 13(a) or Section 15(d) of the Securities      Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d));  and |
|--------|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                        |
|   | (ii)   | the      information contained in the Form 10-Q fairly presents, in all      material respects, the financial condition and results of operations of      the Issuer.                                  |

| Dated:      February 9, 2010 |                                             |
|------------------------------|--------------------------------------------------|
|                         | /s/      Ross A. Goolsby                         |
|                         | Ross      A. GoolsbyChief      Financial Officer |
#### UNITED STATES of America, Plaintiff, v. Emmerich LUSTIG, etc., Defendant. UNITED STATES of America, Plaintiff, v. Isaac RONCH, Defendant. UNITED STATES of America, Plaintiff, v. Constantine RADZIE, etc., Defendant. UNITED STATES of America, Plaintiff, v. Victor Jeremy JEROME, Defendant. UNITED STATES of America, Plaintiff, v. Louis WEINSTOCK, Defendant. UNITED STATES of America, Plaintiff, v. Isidore BEGUN, Defendant. UNITED STATES of America, Plaintiff, v. Daniel BOANO, etc., Defendant. UNITED STATES of America, Plaintiff, v. Louis Jehuda BRAVERMAN, Defendant. UNITED STATES of America, Plaintiff, v. Paul NOVICK, Defendant. UNITED STATES of America, Plaintiff, v. Sol Almazov PEARL, Defendant.

United States District Court S. D. New York.

Sept. 23, 1954.

See, also, 16 F.R.D. 379, 16 F.R.D. 137, 138.

J. Edward Lumbard, U. S. Atty., New York City, for plaintiff.

Blanch Freedman & Gloria Agrin, New York City, for V. J. Jerome, I. Ronch, and C. Radzie.

Edward Kuntz, New York City, for S. A. Pearl and P. Novick.

Ira Gollobin, New York City, for P. Novick.

David Scribner, New York City, Donner, Kinoy & Perlin, New York City, for E. Lustig.

Isidore G. Needleman, New York City, for D. Boano.

Harry Sacher, New York City, for L. Weinstock.

*379Begun Brothers, New York City, for I. .Begun.

Freedman & Unger, New York City, for L. J. Braverman.

KNOX, Chief Judge.

In each of the above entitled suits, the government asks that the several actions be consolidated for trial on the sole issue of the nature, principles, aims, objectives and activities of the Communist Party of the United States, its predecessor and successor organizations, and further to set a definite date for trial.

The suits seek the denaturalization of each defendant. The defendants were admitted to citizenship on various dates between January 26, 1927, and January 8, 1945. The dates on which the defendants are charged with having become members of the Communist Party of the United States range from 1919 to 1937.

It is my belief that, if this pending motion were to be granted, the result would be most prejudicial to each defendant.

As was said by Judge Minton in United States v. Knauer, 7 Cir., 149 F.2d 519, 520:

> “The court should not consolidate the trial, even where the court sits as a chancellor, in cases where the issues affecting various defendants are certain to lead to confusion or prejudice to any one or all of the defendants.”

That could not help but be the precise result if consolidation were ordered. It cannot be said with any degree of certainty that the aims and objectives of the Communist Party over a period of many years were identical. See the majority opinion of the Supreme Court of the United States in Schneiderman v. United States, 320 U.S. 118, 63 S.Ct. 1333, 87 L.Ed. 1796. See, also, U. S. v. Hauck, 2 Cir., 155 F.2d 141, and U. S. v. Sotzek, 2 Cir., 144 F.2d 576.

The government’s motion as respects each defendant, will be denied.
* 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. 02-50638 Summary Calendar

____________________
TWIN CITY FIRE INSURANCE COMPANY Plaintiff - Counter Defendant - Appellee

v. URBAN ELECTRICAL SERVICES, INC; ET AL Defendants URBAN ELECTRICAL SERVICES, INC; Defendant - Appellant OLD REPUBLIC INSURANCE COMPANY Defendant - Counter Claimant - Appellant

_________________________________________________________________

Appeal from the United States District Court for the Western District of Texas C.A. No. A 01-CA-319-SS

_________________________________________________________________ January 15, 2003 Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges.

PER CURIAM: *2

Urban Electrical Services, Inc. (“Urban”) and Old Republic Insurance Company (“ORIC”), appeal the district court’s grant of summary judgment to Twin City Insurance Company (“Twin City”) and the denial of their summary judgment motion. On appeal, Urban and ORIC raise the same substantive arguments that they articulated before the district court, namely (1) that the 1995 Contractor’s Proposal and specifically, its indemnifications provisions, do not apply to the Sundance Project; and (2) that the indemnification provisions are unenforceable under the Texas “fair notice” standard because they fail both the conspicuousness requirement and the express negligence rule. For the reasons provided by the district court, the grant of Twin City’s summary judgment motion and the denial of Urban and ORIC’s summary judgment motion were both appropriate. Because the 1995 Contractor’s Proposal does indeed apply to the Sundance Project and the indemnification provisions are sufficiently enforceable under Texas law, it is unnecessary to evaluate Urban and ORIC’s third issue for appeal, i.e., whether the district court erred in failing to award to ORIC all or a portion of its overpayment in the wrongful death settlement.

AFFIRMED.
----

Exhibit      32

| 1. | the                accompanying quarterly report on Form 10-Q of the Company                for the period ended February 25, 2006 (the “Report”) fully complies                with the requirements of Section 13 (a) or Section 15 (d), as applicable,                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. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  /s/              ROBERT A. WHITMAN |   |   |   |   |
|------------------------------------------|--------|--------|--------|--------|

| Robert              A. WhitmanChief Executive Officer |   |
|-------------------------------------------------------|--------|

----

| 1. | the                accompanying quarterly report on Form 10-Q of the                Company for the period ended February 25, 2006 (the “Report”) fully                complies with the requirements of Section 13 (a) or Section 15 (d),                as                applicable, 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. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  /s/              STEPHEN D. YOUNG |   |   |   |   |
|-----------------------------------------|--------|--------|--------|--------|

| Stephen              D. YoungChief Financial Officer |   |
|------------------------------------------------------|--------|

Back      to Table of      Contents
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM GLIATECH
INC.'S QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENED MARCH 31, 1998 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
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<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           2,697
<SECURITIES>                                     5,345
<RECEIVABLES>                                      537
<ALLOWANCES>                                        47
<INVENTORY>                                        560
<CURRENT-ASSETS>                                 9,547
<PP&E>                                           2,847
<DEPRECIATION>                                   1,554
<TOTAL-ASSETS>                                  11,659
<CURRENT-LIABILITIES>                            2,473
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                            76
<OTHER-SE>                                       9,171
<TOTAL-LIABILITY-AND-EQUITY>                    11,659
<SALES>                                            512
<TOTAL-REVENUES>                                 1,400
<CGS>                                              167
<TOTAL-COSTS>                                      167
<OTHER-EXPENSES>                                 3,573
<LOSS-PROVISION>                                     5
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (2,192)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,192)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,192)
<EPS-PRIMARY>                                    (.29)
<EPS-DILUTED>                                    (.29)
        

</TABLE>
Exhibit 32.1

    CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Each of the undersigned hereby certifies, in accordance with 18 U.S.C. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in his or her
capacity as an officer of e.Digital Corporation (the "Company"), that, to his or
her knowledge, the Quarterly Report of the Company on Form 10-Q for the period
ended June 30, 2004, fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934 and that the information
contained in such report fairly presents, in all material respects, the
financial condition and results of operation of the Company.

Dated: August 11, 2004


         /s/ ATUL ANANDPURA


         Atul Anandpura,
         Chief Executive Officer  (Principal Executive Officer)


Dated: August 11, 2004

         /s/ RENEE WARDEN


         Renee Warden,
         Chief Accounting Officer,
         Treasurer and Corporate Secretary (Principal Financial Officer)
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE JOHN
NUVEEN COMPANY'S FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          46,564
<SECURITIES>                                   143,013
<RECEIVABLES>                                   40,682
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               238,747
<PP&E>                                          35,768
<DEPRECIATION>                                (21,248)
<TOTAL-ASSETS>                                 390,327
<CURRENT-LIABILITIES>                                0
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<PREFERRED-MANDATORY>                                0
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<COMMON>                                           387
<OTHER-SE>                                     321,333
<TOTAL-LIABILITY-AND-EQUITY>                   390,327
<SALES>                                              0
<TOTAL-REVENUES>                                61,122
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                31,360
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 568
<INCOME-PRETAX>                                 29,194
<INCOME-TAX>                                    11,392
<INCOME-CONTINUING>                             17,802
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    17,802
<EPS-PRIMARY>                                     0.51
<EPS-DILUTED>                                     0.50
        

</TABLE>