alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.17


 


Execution Version


 


June 30, 2020


 


Mr. Gary Swidler

c/o Match Group Inc.

8750 North Central Expressway, Suite 1400

Dallas, Texas 75231


 


Assignment of Employment Agreement to
New Match


 


Dear Mr. Swidler:


 


This letter specifies the interpretation
and application of Section 4 of the Standard Terms (the “Assignment Provision”), as incorporated into the
Employment Agreement, dated as of August 8, 2018 and amended as of February 13, 2020 (as so amended, the “Employment
Agreement”), between you and Match Group, Inc. (“Old Match”), in connection with the merger (the
 “Old Match Merger”) of Old Match with and into Valentine Merger Sub LLC (“New Match Merger Sub”),
a wholly-owned indirect subsidiary of IAC/InterActiveCorp. Immediately following such Old Match Merger, IAC/InterActiveCorp
was renamed Match Group, Inc. (“New Match”).


 


The Assignment Provision states, in relevant
part, that in the event of a merger of Old Match with or into another entity, the Employment Agreement would be binding upon
and inure to the benefit of the successor to Old Match, with such successor responsible for discharging and performing all the
promises, covenants, duties, and obligations of Old Match thereunder. Thus, when Old Match merged with and into New Match Merger
Sub, the latter became the successor to Old Match for purposes of the Assignment Provision.


 


By this letter, you, New Match Merger Sub
and New Match agree that New Match shall be substituted for New Match Merger Sub and treated as the successor to Old Match for
purposes of the Assignment Provision and that, from and after the effective time of the Old Match Merger, all references to the
 “Company” in the Employment Agreement shall be deemed to refer to New Match.


 


If you agree that this letter sets
forth our collective understanding as to New Match succeeding to the rights and obligations of Old Match and New Match Merger
Sub from and after the effective time of the Old Match Merger, please indicate your agreement by signing this letter where
indicated below.


 


[Signature Pages Follow]


 






     


     


    

 


	 	 	Sincerely,
	 	 	 
	 	 	VALENTINE MERGER SUB LLC
	 	 	 
	 	 	/s/ Jared Sine
	 	 	By:  Jared Sine
	 	 	Its:  Chief Legal Officer & Secretary
	 	 	 
	 	 	 
	 	 	MATCH GROUP, INC.
	 	 	 
	 	 	/s/ Jared Sine
	 	 	By:  Jared Sine
	 	 	Its:  Chief Legal Officer & Secretary
	 	 	 
	AGREED AND ACCEPTED	 	 
	 	 	 
	 	 	 
	/s Gary Swidler	 	 
	By: Gary Swidler	 	 



 






    	 	2
Exhibit 99.1



Written Statement of Chief Executive Officer and
Chief Financial Officer

Pursuant to Section 906

of the Sarbanes-Oxley Act of 2002 (U.S.C. Section 1350)



The undersigned, the Chief Executive Office and the Chief Financial Officer of KFx Inc. (the Company) each herby certified
that, to his knowledge on the date hereof:



| | (a) |  | the form 10-K of the Company for the year ended December 31, 2002 filed on the date hereof with the Securities and Exchange Commission (the Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (b) |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | --- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



/s/    THEODORE VENNERSTheodore VennersChief Executive OfficerApril 14, 2003






/s/    JERRY A. MITCHELLJerry A. MitchellActing Chief Financial OfficerApril 14, 2003
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2297 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2297

    To remove certain restrictions applicable to the Cumberland Gap 
           National Historical Park, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 27, 1993

 Mr. Boucher (for himself, Mr. Cooper, and Mr. Rogers) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL

 
    To remove certain restrictions applicable to the Cumberland Gap 
           National Historical Park, and for other purposes.

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

SECTION 1. CUMBERLAND GAP NATIONAL HISTORICAL PARK.

    The first section of the Act of June 11, 1940, entitled ``An Act to 
provide for the establishment of the Cumberland Gap National Historical 
Park in Tennessee, Kentucky, and Virginia'' (54 Stat. 262; 16 U.S.C. 
261 and following) is amended by striking out everything after the 
words ``Cumberland Gap National Historical Park'' and inserting a 
period.

                                 <all>
```
Exhibit 31.2**CERTIFICATION**I, Gary L. Pittman, certify that:1. I have reviewed this quarterly report on Form 10-Q of Pioneer Companies, Inc. (the“registrant”); 2. Based on my knowledge, this quarterly report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the periods presented in this report; 3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15(d)-15(e)) for the registrant and have: a. Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;  b. Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  c. Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions): a. All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process, summarizeand report financial information; and  b. Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internal controlover financial reporting.    Date: November 14, 2005     /s/ Gary L. Pittman  Gary L. Pittman  Vice President, Chief Financial Officer and Treasurer
Amendment, dated as of August 9, 2006, to Employment Agreement



 EXHIBIT 10.6 
 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT 
 This Second Amendment (this “Second Amendment”), being
made and effective as of August 9, 2006, is to the Employment Agreement dated December 30, 2005, by and between Luca C. Naccarato (the “Executive”) and SGS International, Inc., a Delaware corporation (the “Company”), as
amended by an Amendment dated as of January 15, 2006 (as heretofore amended, the “Agreement”). All capitalized terms which are used in this Second Amendment and are not defined herein shall have the meaning ascribed to them in the
Agreement. 
 1. Section 3 of the Agreement is hereby amended by deleting clause (b) therein in its entirety and replacing it with
the following: 
 Bonus Plans. The Executive shall be eligible to participate in the Company’s bonus plans for
senior management with an annual incentive target of fifty percent (50%) of Base Salary (“Incentive Payment”), subject to achievement of such program’s objectives and final approval of the Board. 
 2. All other provisions of the Agreement remain in full force and effect. 
 3. This Second Amendment may be executed in counterparts each of which shall be deemed an original, and all of which together shall constitute a single instrument. 







 IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first above written.

  

			
	SGS International, Inc.
		
	By:	 	 /s/ Benjamin F. Harmon, IV

		 	Benjamin F. Harmon, IV
		 	Vice President, General Counsel and Secretary
	
	Executive
	
	 /s/ Luca C. Naccarato

	Luca C. Naccarato
[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Notices]
[Page 9724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3476]


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

DEPARTMENT OF LABOR

Office of Labor-Management Standards


Interpretation of the ``Advice'' Exemption in Section 203(c) of 
the Labor-Management Reporting and Disclosure Act

AGENCY: Office of Labor-Management Standards, Employment Standards 
Administration, Labor.

ACTION: Notice; further deferral of enforcement action.

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

SUMMARY: Consistent with the memorandum of January 20, 2001, from the 
Assistant to the President and Chief of Staff, entitled ``Regulatory 
Review Plan,'' published in the Federal Register on January 24, 2001 
(66 FR 7702), this action temporarily delays for 60 days the date on 
which the Office of Labor-Management Standards will begin to enforce 
the interpretation set forth in a notice published in the Federal 
Register on January 11, 2001 (66 FR 2782). The temporary 60-day delay 
is necessary to give Department officials the opportunity for further 
review and consideration of this matter.

DATES: The interpretation of the ``advice'' exemption in Section 203(c) 
of the Labor-Management Reporting and Disclosure Act of 1959, as 
amended, published in the Federal Register on January 11, 2001 was to 
have commenced on February 10, 2001. It shall instead commence on April 
11, 2001.

FOR FURTHER INFORMATION CONTACT: Kay H. Oshel, Chief, Division of 
Interpretations and Standards, Office of Labor-Management Standards, 
Employment Standards Administration, U.S. Department of Labor, 200 
Constitution Avenue, NW., room N-5605, Washington, DC, (202) 693-1233 
(this is not a toll free number).

    Signed at Washington, DC, this 6th day of February, 2001.
Joe N. Kennedy,
Acting Assistant Secretary of Labor for Employment Standards.
[FR Doc. 01-3476 Filed 2-8-01; 8:45 am]
BILLING CODE 4510-86-P
#### Tyrone Lamar ROBERSON, Plaintiff-Appellant, v. Anthony J. PADULA, Warden Lee Corrections Institution; Major James Dean; Lieutenant A. Davis; Lieutenant Ernest Mims; Sergeant B. Cook; Sergeant K. Arens; Ms. Fulton, Medical Health Care Provider RN; RN Ms. Judy Rabon; RN Ms. McDonald; Ms. Kela E. Thomas, Commission of Probation Parole and Pardon Services Director; William Byars, Jr., SCDC Director, et al; South Carolina State Budget and Control Board Committee; William F. Marscher, III, SC Commission on Indigent Defense; Frederick M. Corley, Esquire; Randolph Murdaugh, III, Solicitor Attorney for the State; William T. Howell, Judge of the 14th Judicial Circuit Court of SC; J. McRee, MD, KCI Pharmacy; Juanita Moss, Food Service Supervisor; Ms. Bell, Food Service Supervisor; Ms. Norman, Food Service Supervisor; Ms. Anderson, Food Service Supervisor, Defendants-Appellees, and South Carolina Department of Corrections, Defendant.

No. 13-7897.

United States Court of Appeals, Fourth Circuit.

Submitted: April 24, 2014.

Decided: April 28, 2014.

*265Tyrone Lamar Roberson, Appellant Pro Se. Joseph Parker McLean, Clarke, Johnson, Peterson & McLean, PA, Florence, South Carolina, for Appellees.

Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Tyrone Lamar Roberson seeks to appeal the district court’s order adopting the report and recommendation of the magistrate judge, and dismissing his complaint without prejudice against certain defendants. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed.R.Civ.P. 54(b); *Cohen v. Beneficial Indus. Loan Corp.,*387 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because the case is ongoing in the district court against the remaining defendants, the order Roberson seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction and deny Roberson’s objection to the Appellees’ disclosure of corporate affiliations. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED.*
EXHIBIT
10.4


Amendment
to the Replication Agreement

between

MICROSOFT LICENSING, GP

and

ZOMAX INCORPORATED

MS Contract #5000026380


This Amendment (“Amendment”)
amends that certain Replication Agreement between MICROSOFT LICENSING, GP (“MS”)
and ZOMAX INCORPORATED (“COMPANY”) dated July 1, 2005 (“Agreement”).


The parties agree to
amend the Agreement as follows:


1.             The first sentence of Section 12 (TERM OF AGREEMENT)
shall be deleted in its entirety and shall be replaced with the following:


“The term of this Agreement
shall begin on the Effective Date and shall end on the earlier to occur of
August 31, 2006, or when a new Replication Agreement between the parties is
signed, unless terminated earlier in accordance with this Agreement (the “Term”).”


This Amendment shall be
attached to and incorporated into the Agreement and is subject to all terms and
conditions of the Agreement.


Except as specifically
amended herein, all other provisions of the Agreement shall remain in full
force and effect, and the parties hereby ratify the terms and conditions of the
Agreement as amended hereby.


All capitalized terms
shall have the same meaning as in the Agreement.


IN WITNESS WHEREOF, the
parties have executed this Amendment which shall be effective as of this 30th
day of June, 2006.  All signed copies of
this Amendment shall be deemed originals.


	
  MICROSOFT LICENSING, GP

  	
   

  	
  ZOMAX INCORPORATED

  
	
   

  	
   

  	
   

  
	
  /s/ R. Todd Dunlap

  	
   

  	
  /s/ Richard Barnes

  	
   

  
	
  R. Todd Dunlap

  	
   

  	
  Richard Barnes

  
	
  General Manager

  	
   

  	
  EVP and CFO

  
	
   

  	
   

  	
   

  
	
  Date: 6/19/2006

  	
   

  	
  Date: 6/13/2006
# **Exhibit21.1**

**STEINWAYMUSICAL INSTRUMENTS, INC. AND SUBSIDIARIESSUBSIDIARIES OF THE REGISTRANT**

Steinway MusicalInstruments, Inc., a Delaware corporation

Steinway Asia, LLC, a Delaware limited liabilitycorporation

Conn-Selmer, Inc., a Delaware corporation

Noblet, LLC, a Wisconsin limited liability corporation

Normandie, LLC, a Wisconsin limited liabilitycorporation

G. Leblanc SNC, a partnership organized under the lawsof France

Vincent Bach International, a corporation organizedunder the laws of the United Kingdom

Steinway & Sons, a New York corporation

Steinway Piano (Shanghai)Co., Ltd., a corporation organized under the laws of China

Steinway, Inc., a Delaware corporation

The O.S. KellyCompany, an Ohio corporation

Boston Piano GmbH, a corporation organized under thelaws of Germany

KlugeKlaviaturen GmbH, a corporation organized under the laws of Germany

KlugeKlawiatury, Sp.z.o.o. Wilkow, Poland, a limited liability companyorganized under the laws of Poland

Steinway HausMunchen GmbH, a corporation organized under the laws of Germany

Steinway & Sons Japan, Ltd., a corporationorganized under the laws of Japan

----
#### STATE OF CONNECTICUT *v.*GARY J. TRICARICO

The defendant’s petition for certification for appeal from the Appellate Court, 121 Conn. App. 75 (AC 29939), is denied.

*920
      *Deborah G. Stevenson,*special public defender, in support of the petition.

*Lisa A. Riggione,*senior assistant state’s attorney, in opposition.

Decided July 1, 2010
Exhibit 99

 

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

We certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

1. the Quarterly Report on Form 10-Q of Lab*One*, Inc. for the period ending June 30, 2002 (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 Lab*One*, Inc.

 

Lab*One*, Inc.

Date:  August 13, 2002 

By /s/ *W. Thomas Grant*
Exhibit 31.2

CERTIFICATION

 

I,Stephen B. Waters, certify that:

 

1.   I have reviewed this quarterly report on Form 10-Q of United Investors IncomeProperties;

 

2.   Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report; 

 

3.   Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report; 

 

4.   The registrant's other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financialreporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)), for theregistrant and have:

 

(a)  Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared; 

 

(b)  Designed such internal control over financial reporting, or caused such internalcontrol over financial reporting to be designed under our supervision, toprovide reasonable assurance regarding the reliability of financial reportingand the preparation of financial statements for external purposes in accordancewith generally accepted accounting principles;

 

(c)  Evaluated the effectiveness of the registrant's disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and 

 

(d)  Disclosed in this report any change in the registrant's internal control overfinancial reporting that occurred during the registrant's most recent fiscalquarter (the registrant's fourth fiscal quarter in the case of an annual report)that has materially affected or is reasonably likely to materially affect, theregistrant's internal control over financial reporting; and 

 

5.   The registrant's other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant's auditors and the audit committee of the registrant's board ofdirectors (or persons performing the equivalent functions): 

 

(a)  All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant's ability to record, process, summarize andreport financial information; and
EXHIBIT 23.1

CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

Mikohn Gaming Corporation
Las Vegas, Nevada

We hereby consent to the incorporation by reference in the Prospectus
constituting a part of the Registration Statements on Form S-8 (File Nos.
33-73506, 333-07441, 333-30525 and 333-30605) of our report dated April
14, 2003, relating to the consolidated financial statements of Mikohn
Gaming Corporation appearing in the Company's Annual Report on Form 10-K
as of December 31, 2002 and 2001 and for the three years in the period
ended December 31, 2002.


BDO Seidman, LLP
Los Angeles, California
April 14, 2003
I

103D CONGRESS

1ST SESSION H. R. 2509

To suspend until January 1, 1995, the duty on ortho aminophenol.

IN THE HOUSE OF REPRESENTATIVES

JUNE 23, 1993

Mr. QUILLEN 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 ortho

aminophenol.

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

3 SECTION 1. TEMPORARY DUTY SUSPENSION.

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:

‘‘ 9902.31.12 Ortho

aminophenol

(provided for in

subheading

2922.29.50) ...... Free No change No change On or before

12/31/94 ’’.
2

•HR 2509 IH

1 SEC. 2. EFFECTIVE DATE.

2 The amendment made by section 1 applies with re3 spect to goods entered, or withdrawn from warehouse con4 sumption, on or after the 15th day after the date of the

5 enactment of this Act.

Æ