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



Exhibit 10.3





THERMO FISHER SCIENTIFIC INC.
AMENDMENT NO. 2 TO 
EXECUTIVE CHANGE IN CONTROL RETENTION AGREEMENT 
This AMENDMENT NO. 2 (the “Amendment”) to the Executive Change in Control Retention Agreement dated November 21, 2009 (the “Agreement”) by and between Thermo Fisher Scientific Inc. (the “Company”) and Marc N. Casper (the “Executive”) is made as of March 16, 2018.  Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement. 


WHEREAS, the Company and the Executive entered into the Agreement to provide separation pay and benefits to the Executive in the event the Executive’s employment with the Company is terminated under certain circumstances;


WHEREAS, the Agreement was amended by Amendment No. 1 to the Agreement dated November 30, 2010 to reflect compliance with the requirements of Section 409A of the Internal Revenue Code of 1986, as amended; and


WHEREAS, the Company desires to further amend the Agreement.


NOW, THEREFORE, in consideration for the mutual promises contained herein, the parties hereby agree as follows.


		
	1.
	Section 3.1(a)(i)(2) of the Agreement is hereby amended and restated in its entirety as follows:


“(2) an amount equal to (a) two and one half (2.5) multiplied by (b) the sum of (x) the higher of the Executive’s annual base salary as in effect immediately prior to the Change in Control Date or the Date of Termination and (y) the higher of the Executive’s target bonus as in effect immediately prior to the Change in Control Date or the Date of Termination.”  
		
	2.
	Except as expressly modified herein, the Agreement shall remain in full force and effect.  


		
	3.
	This Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall be one and the same document.




[Remainder of Page Intentionally Left Blank]







IN WITNESS WHEREOF, this Amendment has been duly executed and delivered by the parties hereto as of the day and year first above written.


	
			
	 
	THERMO FISHER SCIENTIFIC INC.

	 
	 

	 
	 

	 
	By:
	/s/ Michael A. Boxer

	 
	 
	Name: Michael A. Boxer

	 
	 
	Title: Senior Vice President and General Counsel

	 
	 

	 
	 

	 
	 

	 
	 

	 
	MARC N. CASPER

	 
	 
	 

	 
	 
	 

	 
	 
	/s/ Marc N. Casper

	 
	 
	 














- 2 -
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED FINANCIAL STATEMENTS FOR THE FOURTH QUARTER OF FISCAL 1997 CONTAINED
IN THE COMPANY'S REPORT ON FORM 10-KSB AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-25-1997
<PERIOD-START>                             SEP-27-1996
<PERIOD-END>                               SEP-25-1997
<CASH>                                       2,789,933
<SECURITIES>                                         0
<RECEIVABLES>                                3,892,718
<ALLOWANCES>                                   450,000
<INVENTORY>                                  1,684,312
<CURRENT-ASSETS>                             8,397,707
<PP&E>                                       2,989,354
<DEPRECIATION>                               2,094,285
<TOTAL-ASSETS>                              12,908,542
<CURRENT-LIABILITIES>                        3,370,875
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       259,195
<OTHER-SE>                                   6,677,997
<TOTAL-LIABILITY-AND-EQUITY>                12,908,542
<SALES>                                      8,885,278
<TOTAL-REVENUES>                            22,121,800
<CGS>                                        6,727,361
<TOTAL-COSTS>                               11,174,741
<OTHER-EXPENSES>                             8,554,536
<LOSS-PROVISION>                               217,009
<INTEREST-EXPENSE>                             151,134
<INCOME-PRETAX>                              2,424,413
<INCOME-TAX>                                 1,018,000
<INCOME-CONTINUING>                          1,406,413
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,406,413
<EPS-PRIMARY>                                      .50
<EPS-DILUTED>                                      .50
        


</TABLE>
---

Exhibit 23

CONSENT OF EXPERT February 24, 2011 British Columbia Securities CommissionAlberta Securities CommissionSaskatchewan Financial Services CommissionManitoba Securities CommissionOntario Securities CommissionNew Brunswick Securities CommissionNova Scotia Securities CommissionRegistrar of Securities, Prince Edward IslandSecurities Commission of Newfoundland and LabradorRegistrar of Securities, Northwest TerritoriesRegistrar of Securities, NunavutRegistrar of Securities, YukonUnited States Securities and Exchange Commission
  Re:
     Annual Information Form dated February 24, 2011 (the Annual Information Form) of Minefinders Corporation Inc. (the Company).
  I refer to the report entitled "Technical Report, La Bolsa Project, Pre-feasibility Study dated January 10, 2011 (the "Report") as referenced in the Annual Information Form and documents incorporated by reference therein. I hereby consent to the use of my name and the Report in the Annual Information Form and in documents incorporated by reference therein. I confirm that I have read the Annual Information Form and I have no reason to believe that there are any misrepresentations that are derived from the Report referred to above or that are within my knowledge as a result of the services I performed in connection with such Report. I consent to the filing of this consent with the United States Securities and Exchange Commission as part of the Companys Form 40-F dated February 24, 2011, and any amendment thereto, including post-effective amendments and as part of a post-effective amendment to the Companys Registration Statement on Form F-10 (File No. 333-170839), to incorporate the Companys Form 40-F dated February 24, 2011.


---

- 2 - Yours truly, Per:
     /s/ Lawrence J. OConnor
  Lawrence J. OConnor
 February 24, 2011


---
Exhibit 31.1

CERTIFICATION PURSUANTTO RULE 13a-14(a) OF THE EXCHANGE ACT

|I Vikram Gulati certify that:
|-----------------------------
|1.                           
|                             
|2.                           
|                             
|3.                           
|                             
|4.                           
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|5.                           
|                             
|                             
|                             
|                             

|DATE: May 14,
      2009 | By: | /s/ Vikram
      Gulati      
|------------------------ | --- | -----------------------------
|                        
|                         |     | Vikram Gulati                
|                         |     | Chief Executive
      Officer

29

---
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-13-00140-CV

IN RE THOMAS FRACARO RELATOR

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

ORIGINAL PROCEEDING

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

MEMORANDUM OPINION1

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

The court has considered relator’s petition for writ of mandamus and is of 

the opinion that relief should be denied. Accordingly, relator’s petition for writ of 

mandamus is denied.2

PER CURIAM

PANEL: MCCOY, GARDNER, and WALKER, JJ.

DELIVERED: April 30, 2013

 

1See Tex. R. App. P. 47.4, 52.8(d).

2We note that there may still be another avenue of relief for relator. See

Tex. Code Crim. Proc. Ann. art. 11.07 (West 2005 & Supp. 2012); Ex parte 

Thiles, 333 S.W.3d 148, 152–53 (Tex. Crim. App. 2011).
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                         390,432
<SECURITIES>                                         0
<RECEIVABLES>                               19,464,173
<ALLOWANCES>                                 (359,105)
<INVENTORY>                                 14,486,420
<CURRENT-ASSETS>                            40,401,430
<PP&E>                                       5,686,286
<DEPRECIATION>                             (1,934,234)
<TOTAL-ASSETS>                              64,704,690
<CURRENT-LIABILITIES>                       17,903,587
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    25,678,711
<OTHER-SE>                                 (3,030,284)
<TOTAL-LIABILITY-AND-EQUITY>                64,704,690
<SALES>                                     24,532,340
<TOTAL-REVENUES>                            24,864,076
<CGS>                                        9,090,467
<TOTAL-COSTS>                                9,090,467
<OTHER-EXPENSES>                            13,162,432
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             473,269
<INCOME-PRETAX>                              2,137,908
<INCOME-TAX>                                   428,000
<INCOME-CONTINUING>                          1,709,908
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,709,908
<EPS-PRIMARY>                                     0.22
<EPS-DILUTED>                                        0
        

</TABLE>
EXHIBIT 32

                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 Quarterly Report on Form 10-QSB (the "Report") of
PYR Energy Corporation (the "Company") for the quarter ended November 30, 2003,
D. Scott Singdahlsen, the Chief Executive Officer and the Chief Financial
Officer of the Company, hereby certifies 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 the undersigned's knowledge and belief: (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:  January 20, 2004                        /s/ D. Scott Singdahlsen
                                               ---------------------------------
                                               D. Scott Singdahlsen
                                               Chief Financial Officer
INDEPENDENT AGENCIES AND GOVERNMENT CORPORATIONS 259

Location Position Title Name of Incumbent

Pay

Plan

Type 

of

Appt.

Level,

Grade, or

Pay

Tenure Expires

MARINE MAMMAL COMMISSION

Bethesda, MD Chairman John E. Reynolds PD PA ...... ...... ......

 Do........... Member Vera Alexander PD PA ...... ...... ......

 Do........... Member Paul K. Dayton PD PA ...... ...... ......

Location Position Title Name of Incumbent

Pay

Plan

Type 

of

Appt.

Level,

Grade, or

Pay

Tenure Expires

MEDICARE PAYMENT ADVISORY COMMISSION

Washington, DC Chair Gail R. Wilensky PD XS $469.70 3 years 04/30/01

 Do........... Vice Chair Joseph P. Newhouse PD XS $469.70 3 years 04/30/01

 Do........... Executive Director Murray N. Ross AD XS ...... ...... ......

 Do........... Deputy Director Lu Zawistowich AD XS ...... ...... ......

 Do........... Member Beatrice S. Braun PD XS $469.70 3 years 04/30/01

 Do........... Member Autry O. V. DeBusk PD XS $469.70 3 years 04/30/03

 Do........... Member Glenn M. Hackbarth PD XS $469.70 3 years 04/30/03

 Do........... Member Spencer Johnson PD XS $469.70 3 years 04/30/01

 Do........... Member Floyd D. Loop PD XS $469.70 3 years 04/30/02

 Do........... Member Alan R. Nelson PD XS $469.70 3 years 04/30/03

 Do........... Member Janet G. Newport PD XS $469.70 3 years 04/30/02

 Do........... Member Carol Raphael PD XS $469.70 3 years 04/30/02

 Do........... Member Robert D. Reischauer PD XS $469.70 3 years 04/30/03

 Do........... Member Alice F. Rosenblatt PD XS $469.70 3 years 04/30/01

 Do........... Member John W. Rowe PD XS $469.70 3 years 04/30/01

 Do........... Member David A. Smith PD XS $469.70 3 years 04/30/03

 Do........... Member Ray E. Stowers PD XS $469.70 3 years 04/30/03

 Do........... Member Mary K. Wakefield PD XS $469.70 3 years 04/30/02

Location Position Title Name of Incumbent

Pay

Plan

Type 

of

Appt.

Level,

Grade, or

Pay

Tenure Expires

MERIT SYSTEMS PROTECTION BOARD

OFFICE OF THE BOARD, 

CHAIRMAN

Washington, DC Chairman Vacant EX PAS III ...... ......

 Do........... Chief of Staff Vacant ES ... ...... ...... ......

 Do........... Chief Counsel to the Chairman Vacant ES ... ...... ...... ......

Office of the General Counsel

 Do........... General Counsel Vacant ES ... ...... ...... ......

Office of Appeals Counsel

 Do........... Director, Office of Appeals Vacant

Counsel

ES ... ...... ...... ......

OFFICE OF THE BOARD, 

VICE CHAIRMAN

 Do........... Vice Chairman Beth S. Slavet EX PAS IV ...... 03/01/02

 Do........... Chief Counsel to the Vice Terry N. Vann

Chairman

ES NA ...... ...... ......
**EXHIBIT 31.1***CERTIFICATIONS*I, Kenneth R. Berry Jr., certify that:1. I have reviewed this Form 10-Q of PYR Energy Corporation.2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared; (b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and (c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting.5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and (b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.        Date:  April 9, 2007 /s/ Kenneth R. Berry, Jr.   Kenneth R. Berry, Jr.   Chief Executive Officer
---

Exhibit 7


CERTIFICATION PURSUANT TO 18 U.S.C. §1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the annual report of Minefinders Corporation Ltd. (the Company) on Form 40-F for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Mark H. Bailey, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
  February 24, 2011
     /s/ Mark H. BaileyMark H. BaileyChief Executive Officer
 A signed original of this written statement required by Section 906 has been provided to Minefinders Corporation Ltd. and will be retained by Minefinders Corporation Ltd. and furnished to the Securities and Exchange Commission or its staff upon request.


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

<ARTICLE>                                          5
<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY FINANCIAL  INFORMATION  EXTRACTED FROM CONDENSED
CONSOLIDATED BALANCE SHEET - UNAUDITED AND CONDENSED  CONSOLIDATED  STATEMENT OF
INCOME  AND  IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO  SUCH  CONDENSED
CONSOLIDATED FINANCIAL STATEMENTS
</LEGEND>
<CIK>        0000859360
<NAME>       LEGATO SYSTEMS, INC.
<MULTIPLIER> 1000
       
<S>                                                    <C>
<PERIOD-TYPE>                                                YEAR
<FISCAL-YEAR-END>                                      DEC-31-1997
<PERIOD-START>                                         JAN-01-1997
<PERIOD-END>                                           DEC-31-1997
<CASH>                                                      34,891
<SECURITIES>                                                37,100
<RECEIVABLES>                                               22,257
<ALLOWANCES>                                                  (831)
<INVENTORY>                                                      0
<CURRENT-ASSETS>                                            91,531
<PP&E>                                                      15,907
<DEPRECIATION>                                              (5,393)
<TOTAL-ASSETS>                                             114,791
<CURRENT-LIABILITIES>                                       20,714
<BONDS>                                                          0
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<COMMON>                                                         4
<OTHER-SE>                                                  93,309
<TOTAL-LIABILITY-AND-EQUITY>                               114,791
<SALES>                                                          0
<TOTAL-REVENUES>                                            83,886
<CGS>                                                        9,700
<TOTAL-COSTS>                                               62,839
<OTHER-EXPENSES>                                                 0
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                               0
<INCOME-PRETAX>                                             23,208
<INCOME-TAX>                                                 9,196
<INCOME-CONTINUING>                                              0
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                                14,012
<EPS-PRIMARY>                                                 0.40
<EPS-DILUTED>                                                 0.37
        


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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM GOLDEN BEAR
GOLF, INC.'S FORM 10-Q FOR THE QUARTERLY PERIOD ENDED MARCH 31, 1998, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       2,408,688
<SECURITIES>                                         0
<RECEIVABLES>                               16,885,896
<ALLOWANCES>                                 2,373,636
<INVENTORY>                                  2,563,412
<CURRENT-ASSETS>                            32,440,315
<PP&E>                                      33,873,167
<DEPRECIATION>                               4,504,515
<TOTAL-ASSETS>                              71,806,102
<CURRENT-LIABILITIES>                       18,992,998
<BONDS>                                     18,262,493
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        55,050
<OTHER-SE>                                  34,495,561
<TOTAL-LIABILITY-AND-EQUITY>                71,806,102
<SALES>                                     16,016,615
<TOTAL-REVENUES>                            22,487,355
<CGS>                                       13,626,743
<TOTAL-COSTS>                               20,901,777
<OTHER-EXPENSES>                             2,133,346
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             445,470
<INCOME-PRETAX>                            (1,086,781)
<INCOME-TAX>                                 (308,491)
<INCOME-CONTINUING>                          (778,290)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (778,290)
<EPS-PRIMARY>                                   (0.14)
<EPS-DILUTED>                                   (0.14)
        

</TABLE>