alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
bigc-ex105_66.htm





Exhibit 10.5

 

 

December 26, 2017

 

Russell Klein

301 Main Street #17F

San Francisco, CA 94105

 

Dear Russell,

 

On behalf of Bigcommerce (the “Company”), I am pleased to offer you a full-time, exempt position as Chief Development Officer reporting to me at our San Francisco, CA location effective December 16, 2017. You will be provided a job description to outline basic responsibilities and expectations of your position, but the company reserves the right to add, delete or modify your duties as needed. All other details of your compensation and employment remain unchanged.

 

Subject to the approval of the Company’s Board of Directors, you will be granted the following options under the Company’s Stock Plan (collectively, the “Options”):

 


	
 
	
(1)
	
Promotion Grant. An option to purchase 150,581 shares of the Company’s common stock at a price per share equal to the fair market value of the common stock on the date upon which the Board of Directors approves the option grant (the “Promotion Grant”). We will recommend to the Company’s Board of Directors that 25% of the shares subject to the Promotion Grant vest on the first anniversary of the effective date above and in equal monthly installments thereafter over a total vesting period of four (4) years, provided you remain an employee of the Company.
	
 




 


	
 
	
(2)
	
Liquidity Event Grant. An option to purchase 150,581 shares of the Company’s common stock at a price per share equal to the fair market value of the common stock on the date upon which the Board of Directors approves the option grant (the “Liquidity Event Grant”). We will recommend to the Company’s Board of Directors that 100% of the shares subject to the Liquidity Event Grant vest immediately prior to and conditioned upon the closing of a Qualifying Liquidity Event that occurs before December 31, 2019. A “Qualifying Liquidity Event” means one of the following transactions that values the Company at or in excess of $1 billion immediately prior to the transaction: (i) a Change in Control, as that term is defined in the 2013 Stock Plan, or (ii) a Qualified IPO, as that term is currently defined in the Company’s certificate of incorporation.
	
 




 

The issuance of each of the Options will be conditioned on your execution and delivery to the Company of the stock option agreement. Other details on the Options will be provided at a later date.

 

We are pleased to offer you this exciting opportunity and hope that you find it rewarding and fulfilling. To acknowledge your acceptance, please electronically sign below.

 

Kindest regards,

 

/s/ Brent Bellm

 

Brent Bellm 

CEO

 

 





 

 

Offer Letter Acknowledgement and Acceptance

 


			
	
Accepted:
	
/s/ Russell Klein
	
12/27/2017

	
 
	
Russell Klein
	
Date
[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 21-14368

Non-Argument Calendar

____________________

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus

RODERICK DEON COLE, 

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Northern District of Alabama

D.C. Docket No. 2:20-cr-00409-AMM-GMB-1

____________________

USCA11 Case: 21-14368 Date Filed: 08/02/2022 Page: 1 of 2
2 Opinion of the Court 21-14368

Before ROSENBAUM, BRANCH, and GRANT, Circuit Judges.

PER CURIAM:

Roger Appell, counsel for Roderick Cole in this direct 

criminal appeal, has moved to withdraw from further 

representation of the appellant and filed a brief pursuant to Anders 

v. California, 386 U.S. 738 (1967). Our independent review of the 

record reveals that counsel’s assessment of the relative merit of the 

appeal is correct. Because independent examination of the record 

reveals no arguable issues of merit, counsel’s motion to withdraw 

is GRANTED, and Cole’s conviction and sentence are AFFIRMED.

USCA11 Case: 21-14368 Date Filed: 08/02/2022 Page: 2 of 2
**Exhibit10.1**

**AMENDMENT TO EMPLOYMENT AGREEMENT**

**THIS AMENDMENT AGREEMENT**is made as ofthe 6th day ofMay, 2007 effective as of  April 1, 2007.

**BETWEEN**:

| (1)        | **Ness Technologies, Inc.**                                       |
|------------|-------------------------------------------------------------------|
|       | a Delaware Corporation                                            |
|       | of Kiryat Atidim,Israel                                           |
| ** ** | (hereinafter including any subsidiary the**“Company”**) |
| (2)        | **Mr.  Tuvia Feldman**                                            |
| ** ** | (the**“Executive”**)                                    |

 

WHEREAS,the Parties have previously entered into an Employment Agreement dated as ofDecember 12, 1995 and addendum as of August 27, 2000 (the “**Employment Agreement**”), setting forth theterms and conditions of the employment relationship of the Executive with theCompany;

WHEREAS,the Parties desire to amend the provisions of the Employment Agreement in themanner hereinafter appearing:

**NOW,THEREFORE**, inconsideration of the premises, and intending to be legally bound, the partieshereto hereby agree as follows:

1.                     In this Agreement, unless there is somethingin the subject or context inconsistent therewith, capitalized terms appearingin this Agreement shall have the meaning assigned to them in the EmploymentAgreement

2.                  The employment term is hereby extended until31.12.08. This extension will not derogate from Section H to the EmploymentAgreement.

3.                     The Executive is hereby granted a sign up grant of 135,000$ (gross in NIS) that shallbe paid  upon the execution of thisagreement. Should the Executive resign before 31.12.08 the grant will beproportionately reduced and any excessive payment may be set off againstany  payment due to him by the Company.

**IN WITNESS WHEREOF**, the parties have executed this Agreement onthe date first above written.

**Ness Technologies Inc.**

| BY:                | /s/ AHARON  FOGEL     |   |   | /s/ ISSACHAR  GERLITZ |   |
|--------------------|-----------------------|--------|--------|-----------------------|--------|
|               | Aharon Fogel          |   |   | Issachar Gerlitz      |   |
| Title:             | Chairman of the board |   |   | President & CEO   |   |
| **The  Executive** |                  |   |   |                  |
| BY:                |                  |   |   | /s/ TUVIA FELDMAN     |   |
|               |                  |   |   | Tuvia Feldman         |   |

 

----
**Exhibit      32.1**

|                                   |                                   |                                  |
|----------------------------------------|----------------------------------------|---------------------------------------|
|                                        |                                        |                                       |
| Dated:                November 6, 2007 | By:                          | /s/ *Li                Xia WANG* |
|                                   | Li                Xia WANG             |
|                                   | Chief                Executive Officer |
|                                   |                                   |                                  |
|                                        |                                        |                                       |
| Dated:                November 6, 2007 | By:                          | /s/ *Peter                MAK*   |
|                                   | Peter                MAK               |
|                                   | Chief                Financial Officer |

----
#### In re: Johnny F. HARRIS, Debtor. Johnny F. Harris, Appellant, v. The Boyd G. Montgomery Testamentary Trust; The Law Firm of Chisenhall, Nestrud *&*Julian; Mark W. Hodge, Appellees, In re: Johnny F. Harris, Debtor. Johnny F. Harris, Appellant, v. The Boyd G. Montgomery Testamentary Trust, Appellee.

No. 07-1977.

United States Court of Appeals, Eighth Circuit.

Submitted: May 7, 2008.

Filed: May 12, 2008.

Johnny F. Harris, Little Rock, AR, pro se.

Mark W. Hodge, Chisenhall *&*Nestrud, Little Rock, AR, for Appellee.

Before BYE, M. SMITH, and BENTON, Circuit Judges.

PER CURIAM.

Johnny Harris appeals the Bankruptcy Appellate Panel’s (BAP’s) decision to dismiss, for failure to prosecute, his appeals from two bankruptcy court1 orders. The BAP did not abuse its discretion. The BAP granted Harris two extensions of time to file his brief, and gave him notice that no further extensions would be granted, yet he still did not file his brief by the second extended date. *See In re Beachport Entm’t,*396 F.3d 1083, 1086-87 (9th Cir. 2005) (BAP’s imposition of sanctions, including summary dismissal for non-compliance with procedural requirement, is reviewed for abuse of discretion and court does not reach merits of bankruptcy court’s ruling); *see also In re Tampa Chain Co., Inc.,*835 F.2d 54, 55 (2d Cir. 1987) (per curiam) (district court’s decision dismissing bankruptcy appeal for failure to timely file brief will be affirmed unless court has abused discretion); *cf. Soliman v. Johanns,*412 F.3d 920, 921-22 (8th Cir. 2005) (although pro se litigant suffered extreme family hardship, court did not abuse its discretion in denying request for extension to file response; court merely enforced deadline and even pro se litigants must comply with court rules and directives).

*646Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Audrey R. Evans, Chief Judge, United States Bankruptcy Court for the Eastern District of Arkansas.
EXHIBIT 35.1
                  SERVICER COMPLIANCE STATEMENT (ITEM 1123)
                        RESIDENTIAL FUNDING COMPANY, LLC
              RAMP SERIES 2006-NC3 TRUST (THE "ISSUING ENTITY")

The undersigned,  a duly authorized officer of Residential Funding Company, LLC,
as servicer (the  "Servicer")  pursuant to the Pooling and Servicing  Agreement,
dated as of March 1, 2006 (as amended from time to time, the "Agreement"), among
Residential Asset Mortgage  Products,  Inc., as depositor,  Residential  Funding
Company, LLC (formerly Residential Funding Corporation), as master servicer, and
U.S. Bank National Association, as trustee, does hereby certify that:

1.   A review of the  Servicer's  activities  during the  period  covered by the
     Issuing  Entity's  report  on Form 10-K and of the  Servicer's  performance
     under the Agreement has been made under my supervision.

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

     IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this
     26th day of March 2007.

By:  /s/ Anthony N. Renzi
     -------------------------
    Name: Anthony N. Renzi
    Title: Managing Director
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

March 2, 2016

p0301 

# Order

Clerk March 2, 2016

153099 & (44)

LANSING PARKVIEW, LLC,

Plaintiff/Counter

- Defendant

- Appellee,

v SC: 153099

COA: 328507

Ingham CC: 13

- 000723

- CK

K2M GROUP, LLC and DON L. KESKEY,

Defendants/Counter

- Plaintiffs

- Appellants,

and

K2M GROUP, LLC and DON L. KESKEY,

Third

- Party Plaintiffs

- Appellants,

v

LANSING PARKVIEW, LLC, JOEL L.

FERGUSON, and ROBERT REID,

Third

- Party Defendants

- Appellees.

_________________________________________/

On order of the Court, the motion for immediate consideration is GRANTED.

The application for leave to appeal the November 18, 2015 order of the Court of Appeals

is considered, and it is DENIED, because we are not persuaded that the questions

presented sh ould be reviewed by this Court.
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



         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  filing  of the
Quarterly  Report on Form  10-QSB  for the  Quarter  Ended  March 31,  2005 (the
"Report") by National Coal Corp. ("Registrant"),  each of the undersigned hereby
certifies that:

1.       to the  best of our  knowledge,  the  Report  fully  complies  with the
         requirements  of section 13(a) or 15(d) of the Securities  Exchange Act
         of 1934; and

2.       to the best of our knowledge,  the information  contained in the Report
         fairly presents, in all material respects,  the financial condition and
         results of operations of Registrant.

Date:  May 16, 2005                        /S/ JON NIX
                                        -----------------------------------
                                        Jon Nix
                                        President and
                                        Chief Executive Officer


Date:  May 16, 2005                        /S/  MARK OLDHAM
                                        -----------------------------------
                                        Mark A. Oldham
                                        Chief Financial Officer
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EXHIBIT 32.2

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 Report of PharmaNet Development Group, Inc. (the Company) on Form 10-Q for the nine month period ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John P. Hamill, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



1.

The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

2.

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

| |                         |  |  | 
| | ----------------------- |  |  | 
| |                         |  |  | 
| |                         | 
| | /s/ John P. Hamill*     | 
| | John P. Hamill          | 
| | Chief Financial Officer | 
|

Date: November 9, 2007



* A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
REPORT OF
INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
   To the
Board of Directors and Shareholders of
  AudioStocks,
Inc.
   We have
audited the accompanying balance sheets of AudioStocks, Inc. as of December 31,
2007and 2006 , and the related statements of operations, stockholders’ equity,
and cash flows for the years then ended. These financial statements are the
responsibility of the Company’s management. Our responsibility is to express an
opinion on these financial statements based on our audits.
  We
conducted our audits in accordance with standards of the PCAOB (United States).
Those standards require that we plan and perform the audits to obtain reasonable
assurance about whether the financial statements are free of material
misstatement. The Company is not required to have, nor were we engaged to
perform, an audit of its internal control over financial reporting. Our audits
included consideration of internal control over financial reporting as a basis
for designing audit procedures that are appropriate in the circumstances, but
not for the purpose of expressing an opinion on the effectiveness of the
Company’s internal control over financial reporting. Accordingly, we express no
such opinion. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.
We believe that our audits provide a reasonable basis for our
opinion.
  In our
opinion, the financial statements referred to above present fairly, in all
material respects, the financial position of AudioStocks, Inc. at December 31,
2007and 2006 , and the results of its operations and cash flows for the years
then ended in conformity with accounting principles generally accepted in the
United States of America.
  The
accompanying financial statements have been prepared assuming that AudioStocks,
Inc. will continue as a going concern. As discussed in Note 2 to the financial
statements, AudioStocks, Inc.  has a significant working capital
deficit and is dependent of financing to continue operations. These issues raise
substantial doubt about the company’s ability to continue as a going concern.
Management’s plans in regard to these matters are also described in Note 2. The
financial statements do not include any adjustments that might result from the
outcome of this uncertainty.
  
 
 /s/Chisholm, Bierwolf &
Nilson
 Chisholm,
Bierwolf & Nilson, LLC
 Bountiful,
UT
 April 10,
2008
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