alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.05


 





AMENDMENT NUMBER TWO


TO THE


AMYRIS, INC. 2010 EMPLOYEE STOCK PURCHASE
PLAN


 


WHEREAS, Amyris,
Inc., a Delaware corporation (the “Company”), maintains the Amyris, Inc. 2010 Employee Stock Purchase
Plan, effective as of September 27, 2010 (as previously amended, the “Plan”; capitalized terms used but
not defined herein shall have the meanings given to such terms in the Plan);


 


WHEREAS, pursuant
to Section 25 of the Plan, the Leadership Development and Compensation Committee of the Board of Directors of the Company (the
“Committee”) has the authority to amend the Plan, subject to stockholder approval of any Plan amendment
to (i) increase the number of shares that may be issued under the Plan or (ii) change the designation of the employees (or class
of employees) eligible for participation in the Plan, and subject to the limitations of Section 423 of the Internal Revenue
Code of 1986, as amended; and


 


WHEREAS, the
Committee has authorized an amendment of the Plan (this “Amendment”) to increase the maximum number of
shares which may be purchased by any Participant during any one Offering Period under the Plan from 533 shares to 3,000 shares.


 


NOW, THEREFORE,
BE IT RESOLVED, that the Plan is hereby amended, effective as of February 8, 2018, as follows:


 


Section 10(b) of
the Plan is hereby amended and restated as follows:


 


“(b)  The Committee
may, in its sole discretion, set a lower maximum number of shares which may be purchased by any Participant during any Offering
Period than that determined under Section 10(a) above, which shall then be the Maximum Share Amount for subsequent Offering
Periods; provided, however, in no event shall a Participant be permitted to purchase more than 3,000 Shares during any one Offering
Period, irrespective of the Maximum Share Amount set forth in (a) and (b) hereof. If a new Maximum Share Amount is set,
then all Participants must be notified of such Maximum Share Amount prior to the commencement of the next Offering Period for which
it is to be effective. The Maximum Share Amount shall continue to apply with respect to all succeeding Offering Periods unless
revised by the Committee as set forth above.”


 


***


 


IN WITNESS WHEREOF, the Company
has caused this Amendment to be executed by its duly authorized officer as of February 9, 2018.


 


	 	 	 	 
	 	AMYRIS, INC.
	 	 	 
	 	By:	 	
        /s/ John Melo

	 	Name:	 	John Melo
	 	Title:	 	President and Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                             715
<SECURITIES>                                         0
<RECEIVABLES>                                    5,590
<ALLOWANCES>                                       463
<INVENTORY>                                      4,058
<CURRENT-ASSETS>                                10,040
<PP&E>                                           4,170
<DEPRECIATION>                                 (1,939)
<TOTAL-ASSETS>                                  17,634
<CURRENT-LIABILITIES>                            5,467
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,494
<COMMON>                                        34,468
<OTHER-SE>                                    (25,374)
<TOTAL-LIABILITY-AND-EQUITY>                    17,634
<SALES>                                         17,768
<TOTAL-REVENUES>                                17,714
<CGS>                                            8,450
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 8,482
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (337)
<INCOME-PRETAX>                                    445
<INCOME-TAX>                                      (80)
<INCOME-CONTINUING>                                365
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       365
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                      .02
        

</TABLE>
<TABLE> <S> <C>

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

<S>                                  <C>           <C>
<PERIOD-TYPE>                        3-MOS         3-MOS
<FISCAL-YEAR-END>                    DEC-31-2000   DEC-31-1999
<PERIOD-START>                       JAN-01-2000   JAN-01-1999
<PERIOD-END>                         Jun-30-2000   Jun-30-1999
<CASH>                                    102,825       99,081
<SECURITIES>                                    0            0
<RECEIVABLES>                              29,349       18,945
<ALLOWANCES>                                    0            0
<INVENTORY>                                     0            0
<CURRENT-ASSETS>                          539,971      452,740
<PP&E>                                     42,619       18,816
<DEPRECIATION>                                  0            0
<TOTAL-ASSETS>                          1,487,883      502,806
<CURRENT-LIABILITIES>                     163,040       73,565
<BONDS>                                         0            0
<PREFERRED-MANDATORY>                           0            0
<PREFERRED>                                     0            0
<COMMON>                                        9            7
<OTHER-SE>                              1,127,586      250,576
<TOTAL-LIABILITY-AND-EQUITY>            1,487,883      502,806
<SALES>                                    96,605       45,627
<TOTAL-REVENUES>                           96,605       45,627
<CGS>                                      32,998       17,831
<TOTAL-COSTS>                              32,998       17,831
<OTHER-EXPENSES>                          151,144       20,514
<LOSS-PROVISION>                                0            0
<INTEREST-EXPENSE>                              0            0
<INCOME-PRETAX>                           (48,345)      32,282
<INCOME-TAX>                                    0            0
<INCOME-CONTINUING>                       (48,345)      32,282
<DISCONTINUED>                                  0            0
<EXTRAORDINARY>                                 0            0
<CHANGES>                                       0            0
<NET-INCOME>                              (48,345)      32,282
<EPS-BASIC>                              ($0.59)       $0.46
<EPS-DILUTED>                              ($0.59)       $0.41



</TABLE>
Exhibit



Exhibit 10.4.4



AMENDMENT TO 
EMPLOYMENT AGREEMENT
THIS AMENDMENT, is made and entered into as of this 17 th day of December, 2012, by and between The Kansas City Southern Railway Company, a Missouri corporation (referred to herein as the “Company” or “KCSR”), and Warren Erdman, an individual (“Executive”).
WHEREAS, the Company and Executive are parties to an Employment Agreement dated January 01, 2001 as amended on August 13,2001, September 02, 2004 and April 20, 2009 (the “Employment Agreement”); and
WHEREAS, the Company and Executive now desire to amend the Employment Agreement to comply with IRS Notices 2010-6 and 2010-80 relating to the potential taxation of severance under Section 409A of the Internal Revenue Code of 1986, as amended; and
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the Company and Executive agree to amend the Employment Agreement as follows:
Paragraph 17 of the April 20, 2009 amendment is amended by adding the following sentence to the end of such Paragraph:
“Notwithstanding any provision in this Agreement other than the last sentence of this Paragraph, (i) in no event shall any severance payments under this Agreement commence (if at all) later than 90 days after Executive’s separation date; (ii) Executive shall have no right to determine, directly or indirectly, the year of any payment; (iii) if Executive does not sign the Release within 21 days after receiving the Release (or 45 days in the case of group termination) or revokes such Release, Executive shall forfeit any right to severance payments, and (iv) if the 21-day (or 45-day) consideration period described in the Release begins in one taxable year and ends in a second taxable year, any payments that would have been made in the first taxable year shall be made in the second taxable year to the extent required by Code Section 409A and the regulations and guidance issued thereunder.  If Executive is a “specified employee” within the meaning of Code Section 409A(a)(2)(B)(i), then any payment under this Agreement which is subject to Code Section 409A and which is payable by reason of Executive’s separation from service shall not be paid before the date which is six (6) months after the Executive’s separation from service (or, if earlier, Executive’s date of death).”
In all other respects, the Employment Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date in the signature block below.
 EXECUTIVE
                                                                         /s/ Warren K. Erdman     Date:       12-26-12        
           THE KANSAS CITY SOUTHERN RAILWAY COMPANY
                                                                By:       /s/ John Derry                  Date:        12-26-12       




1
<TABLE> <S> <C>

<ARTICLE> 5
<PERIOD-TYPE>                   	12-MOS
<FISCAL-YEAR-END>                      	May-31-1999
<PERIOD-END>                            May-31-1999
<CASH>                                      892,283
<SECURITIES>                                      0
<RECEIVABLES>                             3,154,920
<ALLOWANCES>                                342,420
<INVENTORY>                              11,131,059
<CURRENT-ASSETS>                         16,098,418
<PP&E>                                    5,740,012
<DEPRECIATION>                            1,734,503
<TOTAL-ASSETS>                           23,976,019
<CURRENT-LIABILITIES>                     4,574,820
<BONDS>                                   8,138,059
<COMMON>                                      2,655
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<OTHER-SE>                               11,263,140
<TOTAL-LIABILITY-AND-EQUITY>             23,976,019
<SALES>                                  24,344,083
<TOTAL-REVENUES>                         27,671,942
<CGS>                                    18,196,982
<TOTAL-COSTS>                            24,406,419
<OTHER-EXPENSES>                         (1,026,359)
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                        1,301,421
<INCOME-PRETAX>                           2,990,461
<INCOME-TAX>                              1,036,145
<INCOME-CONTINUING>                               0
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                              1,954,316
<EPS-BASIC>                                  0.77
<EPS-DILUTED>                                  0.72


</TABLE>
| Exhibit 21.1 |
|-------------------|

| Subsidiaries      of Carrollton Bancorp      |   | State      of Incorporation |   | Owned      by           |   | Percentage      Ownership |
|----------------------------------------------|--------|-----------------------------|--------|-------------------------|--------|---------------------------|
| Carrollton      Bank                         |   | Maryland                    |   | Carrollton      Bancorp |   | 100%                      |
| Carrollton      Financial Services Inc. |   | Maryland                    |   | Carrollton      Bank    |   | 100%                      |
| Carrollton      Community Development Corp.  |   | Maryland                    |   | Carrollton      Bank    |   | 96.4%                     |
| Carrollton      Mortgage Services, Inc. |   | Maryland                    |   | Carrollton      Bank    |   | 100%                      |
| Mulberry      Street, LLC                    |   | Maryland                    |   | Carrollton      Bank    |   | 100%                      |
<PAGE>

                                                                    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 Delphi Financial Group, Inc. (the
"Company") on Form 10-K for the year ending December 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned officers 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:

         (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.

/s/  ROBERT ROSENKRANZ
------------------------------------------------------------

Robert Rosenkranz
Chairman of the Board, President and Chief Executive Officer

/s/ THOMAS W. BURGHART
------------------------------------------------------------

Thomas W. Burghart
Vice President and Treasurer

March 12, 2004
I 

112TH CONGRESS 

1ST SESSION H. R. 2876 

To prevent discrimination on the basis of political beliefs by the 

Environmental Protection Agency in its student programs. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 9, 2011 

Mr. POMPEO (for himself, Mrs. BLACKBURN, Mr. CARTER, Mr. HARPER, and 

Mr. MCKINLEY) introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committees 

on Natural Resources, Transportation and Infrastructure, and Agriculture, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prevent discrimination on the basis of political beliefs 

by the Environmental Protection Agency in its student 

programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘EPA Student Non5 discrimination Act’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 2876 IH

1 SEC. 2. PROHIBITION AGAINST DISCRIMINATION. 

2 No student internship, fellowship, scholarship, or 

3 other student program administered by the Environmental 

4 Protection Agency may establish any requirement that an 

5 applicant possess any experience that constitutes an en6 dorsement of a particular political position with regard to 

7 environmental protection. 

8 SEC. 3. PROHIBITION AGAINST FUNDING CERTAIN EPA 

9 STUDENT PROGRAMS. 

10 No funds shall be used to provide financial compensa11 tion, including grants, stipends, expenses, or salary, for 

12 the following student programs administered by the Envi13 ronmental Protection Agency: 

14 (1) The Student Diversity Internship Program 

15 Environmental Justice Eco-Ambassador Focus. 

16 (2) Programs related to the study of green17 house gas emissions. 

18 SEC. 4. REPORT ON PROCEDURES. 

19 Not later than 6 months after the date of enactment 

20 of this Act, the Administrator of the Environmental Pro21 tection Agency shall submit a report to Congress detailing 

22 existing policies, procedures, and actions taken within the 

23 last 3 years in recruiting and hiring applicants for all En24 vironmental Protection Agency student programs. The re25 port shall include— 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•HR 2876 IH

1 (1) efforts to recruit student advocates, includ2 ing any communications between the Environmental 

3 Protection Agency and nongovernmental organiza4 tions; 

5 (2) policies and procedures related to the review 

6 of student applications, including a list of the per7 sonnel involved in such processes; 

8 (3) any efforts to consider applicants with pol9 icy views or experience that were counter to stated 

10 agency goals; and 

11 (4) policies to ensure that applicants for Envi12 ronmental Protection Agency student programs will 

13 be recruited and reviewed in accordance with section 

14 2 of this Act. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS
**Exhibit
      32**






**CERTIFICATION**




By
      signing below, each of the undersigned officers hereby certifies pursuant to
      18
      U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
      2002, that, to his or her knowledge, (i) this report fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
      and (ii) the information contained in this report fairly presents, in all
      material respects, the financial condition and results of operations of River
      Valley Bancorp.




Signed
      this 14th day of November 2006.








/s/
                Matthew
                P. Forrester
            
            /s/
                Larry
                C. FouseMatthew
                P. Forrester
            
            Larry
                C. FousePresident
                and Chief Executive Officer
            
            Vice
                President of Finance
EXHIBIT 11
                       COMPUTATION OF NET INCOME PER SHARE
                FOR THREE AND SIX MONTHS ENDED SEPTEMBER 30, 1999



                                                For the Three Month Period
                                        ----------------------------------------
                                        September 30, 1999   September 30, 1998
                                        ------------------   -------------------
Net income.............................     $  674,665           $  193,211
Weighted average shares outstanding....      2,223,218            2,203,562
Earning per shares outstanding.........     $     0.30           $     0.09





                                                For the Three Month Period
                                        ----------------------------------------
                                        September 30, 1999   September 30, 1998
                                        ------------------   -------------------

Net income.............................     $1,461,561           $  511,263
Weighted average shares outstanding....      2,220,784            2,201,306
Earning per shares outstanding.........     $     0.66           $     0.23
**EXHIBIT 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER OFTHE REGISTRANT,PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Quarterly Report of Dynamex Inc., a Delaware corporation(the “Company”), on Form 10-Q for the period ended April 30, 2005, asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),Richard E. McClelland, President and Chief Executive Officer of the Company,hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, to the best of hisknowledge, that:

 

1.             The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

2.             Information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| /s/  Richard K. McClelland             |   |
|----------------------------------------|--------|
| Richard  K. McClelland                 |
| President  and Chief Executive Officer |
| June 7,  2005                     |

 

 

Thiscertification accompanies this Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not, except to the extent required by theSarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18of the Securities Exchange Act of 1934, as amended.

 

----
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7524

IRVING D. CHAPPELL, Petitioner - Appellant, versus NORTH CAROLINA ATTORNEY GENERAL; STEVEN MULLER; MICHAEL EASLEY, Respondents - Appellees.Appeal from the United States District Court for the Middle District of North Carolina, at Durham. Russell A. Eliason, Magistrate Judge. (CA-98-154-1) Submitted: March 11, 1999 Decided: March 16, 1999 Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Irving D. Chappell, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Irving D. Chappell seeks to appeal the magistrate judge’s order denying relief on his petition filed under 28 U.S.C.A. § 2254(West 1994 & Supp. 1998). We have reviewed the record and the magistrate judge’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the magistrate judge. See Chappell v. North Carolina Attorney General , No. CA-98-154-1 (M.D.N.C. Sept. 28, 1998).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
Dismissed and Opinion Filed December 7, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-20-00849-CV

DSM MANAGEMENT GROUP INC., Appellant

V.

CULINAIRE INTERNATIONAL, INC., Appellee

On Appeal from the 95th District Court

Dallas County, Texas

Trial Court Cause No. DC-20-07194

MEMORANDUM OPINION

Before Justices Partida-Kipness, Pedersen, III, and Evans

Opinion by Justice Pedersen, III

Stating the parties have resolved the claims between them, appellant has filed 

a motion to dismiss the appeal. We grant the motion and dismiss the appeal. See 

TEX. R. APP. P. 42.1(a).

200849f.p05

/Bill Pedersen, III//

BILL PEDERSEN, III

JUSTICE
–2–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

DSM MANAGEMENT GROUP 

INC., Appellant

No. 05-20-00849-CV V.

CULINAIRE INTERNATIONAL, 

INC., Appellee

On Appeal from the 95th District 

Court, Dallas County, Texas

Trial Court Cause No. DC-20-07194.

Opinion delivered by Justice 

Pedersen, III. Justices PartidaKipness and Evans participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Subject to any agreement between the parties, we ORDER that appellee 

Culinaire International, Inc. recover its costs, if any, of this appeal from appellant 

DSM Management Group Inc.

Judgment entered this day 7th of December, 2020.