alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.5


 





RELEASE OF SECURITY INTEREST
IN PATENTS


 


WHEREAS, pursuant
to that certain Patent Security Agreement (the “Patent Security Agreement”), dated as of June 4, 2020, and recorded
in the United States Patent and Trademark Office at Reel 052853, Frame 0153, each Grantor on the signature pages hereto (each a
"Releasee" and, together, the "Releasees") granted to Starboard Value Intermediate Fund LP ("Releasor"),
as Collateral Agent for itself and various other financial institutions, a security interest in all right, title and interest of
Releasee in and to the patents and patent applications listed on Schedule A attached hereto (the "Patents");
and


 


WHEREAS, each
Releasee has requested, and Releasor wishes to provide a document suitable for recording in the United States Patent and Trademark
Office for purposes of recording the release, relinquishment and discharge of its security interest in the Patents.


 


NOW, THEREFORE,
in consideration of and in exchange for good and valuable consideration, Releasor hereby agrees as follows:


 


1.                 
Defined Terms. All capitalized terms used but not otherwise defined herein have the meanings given to them in the
Patent Security Agreement.


 


2.                 
Release of Security Interest. Releasor, without representation, warranty or recourse, hereby terminates the Patent
Security Agreement and releases, relinquishes, terminates, cancels and discharges its continuing security interest in the Collateral,
including without limitation, its continuing security interest in the Patents, including, without limitation, all applications,
registrations and recordings thereof, as applicable, and all proceeds thereof, including, without limitation, any and all causes
of action which may exist by reason of infringement, misappropriation or other violation thereof and any and all damages arising
from past, present and future infringements, misappropriations or other violations thereof.


 


3.                 
Recordation. The Releasor authorizes the Commissioner for Patents and any other government officials to record and
register this Release of Security Interest in Patents upon written request by any Releasee.


 


IN WITNESS WHEREOF, the
parties have caused this Release of Security Interest in Patents to be duly executed as of June 30, 2020.


 


 


	 	STARBOARD VALUE INTERMEDIATE FUND LP
	 	 
	 	By: 	/s/ Jeffrey C. Smith
	 	Name:

Title:	Jeffrey C. Smith
Authorized Signatory



 


 


 


 


 


 






    	 	1	 



     

    

 


SCHEDULE A


 


Patent and Patent Applications




 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 






    	 	2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED FINANCIAL STATEMENT OF THE RANDERS GROUP INCORPORATED FOR
THE THREE MONTHS ENDED MARCH 31, 1996, 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>                                         669,322
<SECURITIES>                                         0
<RECEIVABLES>                                2,420,135
<ALLOWANCES>                                    47,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                             4,492,289
<PP&E>                                       4,046,963
<DEPRECIATION>                               1,512,801
<TOTAL-ASSETS>                               7,162,212
<CURRENT-LIABILITIES>                        1,777,914
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,412
<OTHER-SE>                                   4,437,414
<TOTAL-LIABILITY-AND-EQUITY>                 7,162,212
<SALES>                                        305,165
<TOTAL-REVENUES>                             2,327,727
<CGS>                                          267,827
<TOTAL-COSTS>                                1,848,277
<OTHER-EXPENSES>                               433,442
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              29,878
<INCOME-PRETAX>                                 21,227
<INCOME-TAX>                                     7,500
<INCOME-CONTINUING>                             13,727
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    13,727
<EPS-PRIMARY>                                     0.00
<EPS-DILUTED>                                     0.00
        

</TABLE>
#### Sylvia CABIRAN, Plaintiff-Appellee v. Joseph L. BAER, Defendant-Appellant.

No. 10-30556

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Jan. 20, 2011.

Sylvia Cabiran, New Orleans, LA, pro se.

Joseph Baer, Florence, KY, pro se.

Before KING, BENAVIDES, and ELROD, Circuit Judges.

PER CURIAM: *

Sylvia Cabiran, proceeding pro se, filed a civil action in Louisiana state court to obtain payment on promissory notes signed by her ex-husband, Joseph L. Baer. Baer, also proceeding pro se and acting on behalf of B & C Marine, LLC, petitioned to intervene in the state action and asserted that Cabiran had committed acts as an owner or operator of B & C Marine that were detrimental to the company and to Baer as a co-owner, B & C Marine and Baer requested damages exceeding $2,000,000. Baer then removed the case to federal court, asserting diversity jurisdiction and, ultimately, admiralty jurisdiction. The district court remanded the case to state court, finding that the parties were not diverse and that the claims were not substantially related to traditional maritime activities. Baer filed a timely notice of appeal from this ruling.

This court must consider the basis for our jurisdiction, sua sponte if needed. *Smith v. Texas Children’s Hosp.,*172 F.3d 923, 925 (5th Cir.1999). If the district court remanded for lack of jurisdiction pursuant to 28 U.S.C. § 1447(c), the remand order is not reviewable pursuant to § 1447(d). *See Heaton v. Monogram Credit Card Bank of Ga.,*231 F.3d 994, 997 (5th Cir.2000). “[W]e will review a remand order only if the district court clearly and affirmatively relies on a non *852§ 1447(c) basis.” *Id.*(internal quotation marks and citations omitted). “The critical distinction for determining appealability” is whether the district court determined that “federal jurisdiction *never*existed” or whether “federal jurisdiction *did exist*at some point in the litigation, but the federal claims were either settled or dismissed.” *Bogle v. Phillips Petroleum Co.,*24 F.3d 758, 762 (5th Cir.1994).

Although the district court did not specifically advert to § 1447(c), its ruling was based on a finding that there was an absence of federal jurisdiction from the time of removal. *See Victor v. Grand Casino-Coushatta,*359 F.3d 782, 784-85 (5th Cir.2004); *Smith,*172 F.3d at 924-27; *Bogle,*24 F.3d at 762. Although Baer asserts that the district court was incorrect in its conclusions about diversity and admiralty jurisdiction, we lack jurisdiction to consider the propriety of the court’s § 1447(c) remand. *See Heaton,*231 F.3d at 997. Because we lack jurisdiction in this case, we DISMISS the appeal pursuant to § 1447(d).

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
I

103D CONGRESS

1ST SESSION H. R. 2487

To suspend until January 1, 1995, the duty on certain ceramic ferrules

and sleeves.

IN THE HOUSE OF REPRESENTATIVES

JUNE 22, 1993

Mr. RAMSTAD introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To suspend until January 1, 1995, the duty on certain

ceramic ferrules and sleeves.

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

3 SECTION 1. CERAMIC FERRULES AND SLEEVES.

4 Subchapter II of chapter 99 of the Harmonized Tar5 iff Schedule of the United States is amended by inserting

6 in numerical sequence the following new heading:
2

•HR 2487 IH

‘‘ 9902.69.14 Ceramic ferrules

and mating

sleeves of either

alumina or

zirconia, not exceeding 3 mm in

diameter and 25

mm in length,

and having a

fiber channel

opening (provided for in subheading

6914.90.00) ...... Free No change No change On or before

12/31/94 ’’.

1 SEC. 2. APPLICABILITY.

2 The amendment made by section 1 shall apply with

3 respect to goods entered, or withdrawn from warehouse

4 for consumption, on or after the 15th day after the date

5 of the enactment of this Act.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          97,271
<SECURITIES>                                         0
<RECEIVABLES>                                      175
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                97,446
<PP&E>                                       2,580,480
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               2,677,926
<CURRENT-LIABILITIES>                            6,414
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   2,671,512
<TOTAL-LIABILITY-AND-EQUITY>                 2,677,926
<SALES>                                          1,078
<TOTAL-REVENUES>                                 1,078
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                12,435
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (11,357)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (11,357)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 32.2



CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as Chief
Financial Officer of Brookstone, Inc. (the Company), does hereby certify that to the undersigneds knowledge:



| | 1) | the Companys Form 10-Q for the quarterly period ended July 30, 2005 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 Companys Form 10-Q for the quarterly period ended July 30, 2005 fairly presents, in all material respects, the financial condition and results
of operations of the Company.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Philip W. RoizinPhilip W. RoizinExecutive Vice President, Finance andAdministration,Treasurer, Secretary and Chief Financial Officer




Dated: August 26, 2005
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JUNE 8, 2023

NO. 03-22-00097-CV

Marvin-Levoid Goss, Appellant

v.

Joseph A. Alvesteffer, Appellee

APPEAL FROM COUNTY COURT AT LAW NO. 1 OF BELL COUNTY

BEFORE JUSTICES BAKER, THEOFANIS, AND JONES

AFFIRMED -- OPINION BY JUSTICE THEOFANIS

This is an appeal from the judgment signed by the trial court on January 26, 2022. Having 

reviewed the record and the parties’ arguments, the Court holds that there was no reversible error 

in the trial court’s judgment. Therefore, the Court affirms the trial court’s judgment. The 

appellant shall pay all costs relating to this appeal, both in this Court and in the court below.
THE THIRTEENTH COURT OF APPEALS

13-19-00624-CR

JOE R. RIOS A/K/A ROMAN JOE RIOS A/K/A ROMAN RIOS

A/K/A JOE ROMAN RIOS A/K/A ROMAN J. RIOS

v.

THE STATE OF TEXAS

On Appeal from the

156th District Court of Bee County, Texas

Trial Court Cause No. B-19-2117-0-CR-B

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes that the judgment of the trial court should be affirmed as modified by 

this Court. The Court orders the judgment of the trial court AFFIRMED AS MODIFIED.

We further order this decision certified below for observance.

June 30, 2022
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
SEPTEMBER 30, 1995, 10QSB AND IS QUALIFEID IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1995
<PERIOD-START>                                 JAN-01-1995
<PERIOD-END>                                   SEP-30-1995
<CASH>                                         1,112,918
<SECURITIES>                                   0
<RECEIVABLES>                                  94,979,863
<ALLOWANCES>                                   (19,257,611)
<INVENTORY>                                    2,860,333
<CURRENT-ASSETS>                               0
<PP&E>                                         396,461
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 62,542,076
<CURRENT-LIABILITIES>                          57,462,397
<BONDS>                                        0
<COMMON>                                       55,039
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<OTHER-SE>                                     2,942,271
<TOTAL-LIABILITY-AND-EQUITY>                   62,542,076
<SALES>                                        0
<TOTAL-REVENUES>                               8,571,013
<CGS>                                          0
<TOTAL-COSTS>                                  3,662,997
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               852,670
<INTEREST-EXPENSE>                             4,057,049
<INCOME-PRETAX>                                (1,705)
<INCOME-TAX>                                   23,005
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   11,866
<EPS-PRIMARY>                                  0.00
<EPS-DILUTED>                                  0.00
        


</TABLE>
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 Quarterly Report
of SCI Engineered Materials, Inc.  (the “Company”) on Form 10-Q for
the period ending June 30, 2009 as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, Daniel Rooney, Chairman of the
Board of Directors, President and Chief Executive 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:




(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 result of operations of the Company.





/s/ Daniel RooneyDaniel
      RooneyChairman
      of the Board of Directors,President
      and Chief Executive Officer ofSCI
      Engineered Materials, Inc.(Principal
      Executive Officer)August
      5, 2009
Dismissed and Memorandum Opinion filed August 29, 2023

In The

Fourteenth Court of Appeals

NO. 14-23-00529-CV

ASHLEY CAMPBELL AND BRANDON RICHEY, Appellants

V.

MELANIE WALKER, Appellee

On Appeal from the 245th District Court

Harris County, Texas

Trial Court Cause No. 2021-12189

MEMORANDUM OPINION

This is an attempted appeal. Appellant filed a notice of appeal on July 21, 

2023. Generally, appeals may be taken only from final judgments. Lehmann v. 

Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When orders do not dispose of 

all pending parties and claims, the orders remain interlocutory and unappealable 

until final judgment is rendered unless a statutory exception applies. Bally Total 

Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. 
2

v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). There is no 

appealable order or judgment in the record before this court. 

On August 2, 2023, notification was transmitted to the parties of this court’s 

intention to dismiss the appeal for want of jurisdiction unless appellant filed a 

response demonstrating grounds for continuing the appeal on or before August 14, 

2023. See Tex. R. App. P. 42.3(a). Appellant did not file a response.

Accordingly, we dismiss the appeal. 

PER CURIAM

Panel consists of Justices Wise, Zimmerer, and Poissant.
#### PRESIDIO COMPONENTS, INC., Plaintiff-Cross Appellant, v. AMERICAN TECHNICAL CERAMICS CORP., Defendant-Appellant.

Nos. 2010-1355, 2011-1089.

United States Court of Appeals, Federal Circuit.

Jan. 31, 2011.

Before LINN, Circuit Judge.

ON MOTION

ORDER

American Technical Ceramics Corp. moves without opposition to stay the briefing schedule in 2010-1355 pending proceedings before the United States District Court for the Southern District of California and “entry of a comprehensive final judgment.” American Technical also moves for an extension of time. American Technical and Presidio Components, Inc. each respond to the court’s order concerning whether 2010-1355 was premature.

American Technical’s first notice of appeal, filed on May 10, 2010, indicates that American Technical sought review of the district court’s April 13, 2010 order denying in part its motions for judgment as a matter of law and/or for a new trial. *359American Technical states that this order is considered an entry of judgment under Fed.R.Civ.P. 58 and that “[tjhis order resolved all motions which were pending at that time. Thus, this appeal is not premature.” American Technical asserts that for its appeal to be timely it was required to be filed within 30 days of entry of the order. American Technical concedes, however, that the case is “still active in the trial court and ... may generate further appealable issues.” Thus, American Technical requests that the court stay briefing in this case “until all other issues are resolved” in the district court. Presidio states that it believes the appeal is premature because “there are outstanding issues presently before, and awaiting final decision by, the trial court.” We agree that the first appeal filed before entry of final judgment was premature.

On October 26, 2010, the district court entered judgment. On November 24, 2010, American Technical filed an “amended” notice of appeal seeking review of, inter alia, the final judgment. We treat this as a timely appeal of the judgment and leave it docketed under the appeal number assigned to American Technical’s first appeal, 2010-1355. Presidio Components also filed a timely cross-appeal. Thus, we consolidate the appeals and resume the briefing schedule.

Accordingly,

It is Ordered that:

(1) The stay of the briefing schedule is lifted. The motion to stay the briefing schedule and the motion for an extension of time are moot. The appellant’s opening brief is due within 60 days of the date of filing of this order.

(2) The appeals are consolidated. The revised official caption is reflected above.
##### 



Exhibit 10.3
 AMERISTAR CASINOS, INC.
AMENDED AND RESTATED 1999 STOCK INCENTIVE PLAN
 (Effective as of December 15, 2007)
 Purposes
  Types of Awards
 Administration




---



##### 



-2-




---



##### 



Stock Subject to Plan
    -3-




---



##### 



Eligibility
  Stock Options
   Option Price
 Option Term
 Exercisability
 Method of Exercise
 -4-




---



##### 



No Stockholder Rights
 Surrender Rights
 Non-Transferability; Limited Transferability
 Termination of Relationship
 -5-




---



##### 



Option Grants to Participants Subject to Section 16
  Restricted Stock
   -6-




---



##### 



Restricted Stock Units and Performance Share Units.
   -7-




---



##### 



Performance Goals and Section 162(m) Requirements.
 
 (1)
    
    sales or other sales or revenue measures;(2)
    
    operating income, earnings from operations,
earnings before or after taxes, or earnings before or after interest,
depreciation, amortization, or extraordinary or designated items;
 -8-




---



##### 



(3)
    
    net income or net income per common share
(basic or diluted);(4)
    
    operating efficiency ratio;(5)
    
    return on average assets, return on investment,
return on capital, or return on average equity;(6)
    
    cash flow, free cash flow, cash flow return on
investment, or net cash provided by operations;(7)
(8) 
(9)
    
    economic profit or value created;

operating margin;

stock price or total stockholder return; and(10)
    
    strategic business criteria, consisting of one
or more objectives based on meeting specified business goals, such as
market share or geographic business expansion goals, cost targets,
customer satisfaction and goals relating to acquisitions, divestitures
or joint ventures.
      -9-




---



##### 



Election to Defer Awards
  Tax Withholding
  
 Amendments and Termination
   -10-




---



##### 



Acceleration of Vesting in Certain Circumstances
     -11-




---



##### 



(A)
    
    An acquisition of securities by the Company which,
by reducing the number of shares of Stock or other Voting Securities
outstanding, increases (i) the proportionate number of shares of Stock
beneficially owned by any Person to fifty percent (50%) or more of the
 shares of Stock then outstanding or (ii) the proportionate voting power
represented by the Voting Securities beneficially owned by any Person to
fifty percent (50%) or more of the Combined Voting Power of all then
outstanding Voting Securities; or(B)
    
    An acquisition of securities directly from the
Company, except that this Paragraph (B) shall not apply to:
 (1)
    
    any conversion of a security
that was not acquired directly from the Company; or(2)
    
    any acquisition of securities
if the Incumbent Directors at the time of the initial approval
of such acquisition would not immediately after (or otherwise
as a result of) such acquisition constitute a majority of the
Board.
  -12-




---



##### 



General Provisions
  -13-




---



##### 



-14-




---



##### 



Effective Date of Plan
  -15-