alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §3933. Fines and penalties under contracts

#### (a) Prohibition of penalties

When an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.

#### (b) Reduction or waiver of fines or penalties

If a servicemember fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if—

(1) the servicemember was in military service at the time the fine or penalty was incurred; and

(2) the ability of the servicemember to perform the obligation was materially affected by such military service.

(Oct. 17, 1940, ch. 888, title II, §203, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2843.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 523 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

#### Prior Provisions

A prior section 203 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181, related to stay or vacation of execution of judgments and attachments, prior to the general amendment of this Act by Pub. L. 108–189. See section 3934 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
#### Sylvia Glassman, Respondent, v. Solomon Glassman, Appellant.

Motion by appellant to vacate order dated May 14, 1962, dismissing his appeal, granted; order vacated. Appellant’s time to perfect the appeal is enlarged to the October Term, beginning October 1, 1962; appeal ordered on the calendar for said term. Beldock, P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.
### §571. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section, act May 5, 1950, ch. 169, §1, 64 Stat. 112, related to commanding officer's non-judicial punishment. See section 815 of Title 10, Armed Forces.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of Repeal

Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, §53 footnote, 70A Stat. 680.
Exhibit 99.1


     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 Dionics, Inc. (the
"Company") on Form 10-QSB for the period ended March 31, 2003,
as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), the undersigned certifies, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of the undersigned's
knowledge, 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.



Date:     May 14, 2003        /s/ Bernard Kravitz
                              Bernard Kravitz,
                              President and Chief Executive
                              Officer (Principal Executive
                              Officer)

Date:     May 14, 2003        /s/ Bernard Kravitz
                              Bernard Kravitz,
                              Principal Financial Officer
**EXHIBIT No. 23.1**

 

**CONSENTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

The Board of DirectorsGreene County Bancshares, Inc.:

We consent to the incorporation by reference in the registration statements (Nos. 333-08609, 333-115054, and 333-117791) on Forms S-8 of Greene County Bancshares, Inc. of our reports dated February 28, 2007, with respect to the consolidated financial statements of Greene County Bancshares, Inc. and subsidiaries, management’s assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting, which reports appear in Greene County Bancshares Inc.’s 2006 Annual Report on Form 10-K.

/s/ Dixon Hughes PLLC

Atlanta, GeorgiaFebruary 28, 2007

 

----
#### R. C. Gluck & Co., Inc., Respondent, v. Louis Tankel, Doing Business as General Stamp Co., Appellant.

Order entered on October 10, 1960, sustaining respondent’s exceptions filed to the sufficiency of appellant’s undertaking on appeal from the judgment entered on March 14, 1960, unanimously affirmed, with $20 costs and disbursements to the respondent. No opinion. Concur — Botein, P. J., Breitel, Stevens, Eager and Noonan, JJ.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
     FINANCIAL STATEMENTS CONTAINED IN THE JUDGE GROUP, INC. QUARTERLY REPORT
     ON FORM 10-Q FOR THE  SIX MONTHS ENDED JUNE 30, 1997 AND IS QUALIFIED
     IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<CURRENCY>                                       U.S.$
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                       8,044,644
<SECURITIES>                                         0
<RECEIVABLES>                               17,134,015
<ALLOWANCES>                                   850,000
<INVENTORY>                                    557,232
<CURRENT-ASSETS>                            26,116,954
<PP&E>                                       4,390,969
<DEPRECIATION>                               2,065,892
<TOTAL-ASSETS>                              34,031,603
<CURRENT-LIABILITIES>                        8,838,385
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       133,479
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                34,031,603
<SALES>                                              0
<TOTAL-REVENUES>                            49,540,975
<CGS>                                       36,121,686
<TOTAL-COSTS>                               48,172,834
<OTHER-EXPENSES>                               (52,644)
<LOSS-PROVISION>                               204,936
<INTEREST-EXPENSE>                             (52,644)
<INCOME-PRETAX>                              1,315,497
<INCOME-TAX>                                   674,083
<INCOME-CONTINUING>                            641,414
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   641,414
<EPS-PRIMARY>                                    $0.05
<EPS-DILUTED>                                    $0.05
        



</TABLE>
United States Court of Appeals

For the First Circuit

No. 02-1953

UNITED STATES OF AMERICA,

Appellee,

v.

BRIAN GOODINE, a/k/a DWAYNE GOODINE,

Defendant, Appellant.

ERRATA SHEET

The opinion of this Court, issued on April 9, 2003, should be

amended as follows:

On page 12, line 2, delete "is entitled 'Penalties' and".
### §2033. Election of survivor benefits for certain former spouses divorced as of November 15, 1982

#### (a) Former spouses as of November 15, 1982

A participant, former participant, or retired participant in the system who on November 15, 1982, had a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section 2032(b) of this title.

#### (b) Time for making election

(1) If the participant or former participant has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement.

(2) If the participant or former participant has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe.

(3) For the purposes of applying this subchapter, any such election shall be treated in the same manner as if it were a spousal agreement under section 2094(b) of this title.

#### (c) Base for annuity

An election under this section may provide for a survivor annuity based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for a survivor annuity for a spouse or any other former spouse of the participant. The participant and the participant's spouse may make an election under section 2031(b)(1)(B) of this title before the time of retirement for the purpose of allowing an election to be made under this section.

#### (d) Reduction in participant's annuity

#### (1) Computation

The amount of the reduction in the participant's annuity shall be determined in accordance with section 2031(b)(2) of this title.

#### (2) Effective date of reduction

Such reduction shall be effective as of—

(A) the commencing date of the participant's annuity, in the case of an election under subsection (b)(1); or

(B) November 15, 1982, in the case of an election under subsection (b)(2).

(Pub. L. 88–643, title II, §223, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3216.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 223 of Pub. L. 88–643, as added Pub. L. 97–269, title VI, §607, Sept. 27, 1982, 96 Stat. 1151; amended Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622, related to election of survivor benefits for certain former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
QuickLinks
 -- Click here to rapidly navigate through this document
  



 
 

Exhibit 10.3    
  


 
 

AMENDMENT NO. 1 TO
  ISIS PHARMACEUTICALS, INC.
  10B5-1 TRADING PLAN    



        This Amendment No. 1 to 10b5-1 Trading Plan (the "Amendment"), is effective as of June 7, 2002 ("Effective Date") between  ISIS PHARMACEUTICALS,
 INC., a Delaware corporation ("Isis"), and GOLDEN TRIANGLE SECURITIES LLC
("Broker"). 


	A.
	WHEREAS,
Isis and Broker entered into that certain 10b5-1 Trading Plan dated February 22, 2002 (the "Original Agreement"); and



	B.
	WHEREAS,
Isis and Broker wish to amend the Original Agreement to limit Broker's ability to exercise and hold stock options. 



        NOW
THEREFORE, in consideration of the mutual promises contained in this Amendment, Isis and Broker agree to amend the Original Agreement as follows: 



All
capitalized terms not otherwise defined herein, will have the meanings ascribed to them in the Original Agreement. 



ARTICLE 1. AMENDMENT 


        1.1    Addition of Section 4(l).    The Original Agreement is hereby amended to include the following language
as Section 4(l) thereto: 




"(l)  Unless
a Seller's Sellers Plan explicitly instructs Broker to do otherwise, if Broker exercises an option because such Option was about to expire, Broker must sell the shares of
Stock issued upon the exercise of such Option within 5 Trading Days of exercise at the then prevailing market price for the Stock, regardless of the Minimum Sales Prices set forth in the applicable
Sellers Plan." 




ARTICLE 2. GENERAL PROVISIONS 


        2.1    Original Agreement.    Except as specifically provided in this Amendment, all other terms and conditions of the
Original Agreement will remain in full force and effect. 


        2.2    Entire Agreement.    This Amendment, the Original Agreement and the Sellers Plans contain the entire
understanding of the parties with respect to the subject matter hereof and thereof and supersede all prior agreements and understandings among the parties with respect thereto. 


        2.3    Other General Provisions.    Section 6 of the Original Agreement, will apply to this Amendment. 


1





 



        IN
WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above: 



	 	 	ISIS PHARMACEUTICALS, INC.
	

 	
 	

/s/  B. LYNNE PARSHALL      
 B. Lynne Parshall
 Executive Vice President
	

 	
 	
GOLDEN TRIANGLE SECURITIES LLC
	

 	
 	

/s/  STEVEN HOLBER      
 Steven Holber
 President




2









QuickLinks



Exhibit 10.3


AMENDMENT NO. 1 TO ISIS PHARMACEUTICALS, INC. 10B5-1 TRADING PLAN
### SUBCHAPTER II—PHYSICAL SEARCHES
### Part B—Contributions
Exhibit 31.1

                       Certification of Executive Officer
                         Pursuant to Section 302 of the
                           Sarbanes-Oxley Act of 2002

I, Jeffrey Kang, certify that

1. I have reviewed this Quarterly Report on Form 10-Q of Comtech Group, Inc.
f/k/a/ Trident Rowan Group, Inc.;

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

3. Based on my knowledge, the financial statements, and other financial
information included 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 periods presented in this report.

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e) for the registrant and have:

      a) designed such disclosure controls and procedures, or caused such
      disclosure controls and procedures to be designed under our supervision,
      to ensure that material information relating to the registrant, including
      its consolidated 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 controls and
      procedures and presented in this report our conclusions about the
      effectiveness of the disclosure controls and procedures, as of the end of
      the period covered by this report based on such evaluation ; and

      c) disclosed in this report any change in the registrant's internal
      control over financial reporting that occurred during the registrant's
      most recent fiscal quarter that has materially affected, or is reasonably
      likely to materially affect, the registrant's internal control over
      financial reporting; and

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

      a) all significant deficiencies and material weaknesses in the design or
      operation of internal control over financial reporting which are
      reasonably likely to adversely affect the registrant's ability to record,
      process, summarize and report financial information; and

      b) any fraud, whether or not material, that involves management or other
      employees who have a significant role in the registrant's internal control
      over financial reporting.


/s/ Jeffrey Kang
-------------------------------------
Name:  Jeffrey Kang
Title: Chief Executive Officer
August 20, 2004
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          FEB-28-1998
<PERIOD-START>                             MAR-01-1997
<PERIOD-END>                               FEB-28-1998
<CASH>                                       4,190,490
<SECURITIES>                                         0
<RECEIVABLES>                               26,040,332
<ALLOWANCES>                                   368,005
<INVENTORY>                                  9,343,338
<CURRENT-ASSETS>                                     0
<PP&E>                                      49,084,636
<DEPRECIATION>                              16,736,766
<TOTAL-ASSETS>                              87,297,825
<CURRENT-LIABILITIES>                       27,618,154
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,726
<OTHER-SE>                                  56,620,792
<TOTAL-LIABILITY-AND-EQUITY>                87,297,825
<SALES>                                    102,307,713
<TOTAL-REVENUES>                           102,307,713
<CGS>                                       48,854,519
<TOTAL-COSTS>                               48,854,519
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               291,491
<INTEREST-EXPENSE>                              81,593
<INCOME-PRETAX>                            (7,643,536)
<INCOME-TAX>                               (2,503,690)
<INCOME-CONTINUING>                        (5,139,846)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,139,846)
<EPS-PRIMARY>                                   (0.33)
<EPS-DILUTED>                                   (0.33)
        

</TABLE>
##### B2B E-remittance Exchange Pilot Complete: Industry One Step Closer to Achieving Straight-Through Processing

The E-remittance Exchange Pilot confirmed that an exchange framework supports the sending, receiving and automation of electronic remittance (e-remittance) information, which moves the industry closer to achieving straight-through processing.

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##### Unmasking a Synthetic Identity Fraud Mitigation Toolkit

The Federal Reserve’s Synthetic Identity Fraud Mitigation Toolkit provides financial institutions, businesses and individuals with an online repository of insights and resources for addressing this growing type of fraud.

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##### Pioneers of Now: Continued Adoption for Instant Payments

Momentum for instant payments adoption and the FedNow® Service has continued across the industry as the number of participating financial institutions steadily grows.

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6274
ANDREI ROYSTER, Plaintiff - Appellant, versus D. L. DOVE, Warden; J. A. SERRANO, Dr.; L. FUERTES ROSARIO, Medical Director; YATES, Associate Warden, Defendants - Appellees.
No. 02-6488
ANDREI ROYSTER, Plaintiff - Appellant, versus D. L. DOVE, Warden; J. A. SERRANO, Dr., L. FUERTES ROSARIO, Medical Director; YATES, Associate Warden, Defendants - Appellees. Appeals from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, District Judge. (CA-01-576-2-23)2 Submitted: June 20, 2002 Decided: June 26, 2002 Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Andrei Royster, Appellant Pro Se. Barbara Murcier Bowens, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).3 PER CURIAM: Andrei Royster appeals from the district court’s orders denying relief in his action filed under Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics , 403 U.S. 388 (1971), alleging inadequate medical care. We have reviewed the record and the district court’s opinions accepting the magistrate judge’s recommendations and find no reversible error. Accordingly, while we grant Royster’s motion to file a supplemental brief, we affirm on the reasoning of the district court. See Royster v. Dove, No. CA-01-576-2-23 (D.S.C. filed Jan. 11, 2002 and entered Jan. 15, 2002; Feb. 28, 2002). Additionally, we deny Royster’s motion for injunctive relief. 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.

AFFIRMED
<PAGE>   1



                                                                     EXHIBIT 23

                        CONSENT OF INDEPENDENT AUDITORS

         We consent to the reference to our firm under "Item 6. Selected
Financial Data" and to the incorporation by reference in the Registration
Statements (Form S-8 No. 33-17642, Form S-8 No. 33-45131, Form S-8 No. 33-45132,
Form S-8 No. 33-62863, Form S-8 No. 33-64860, Form S-8 No. 33-72494, Form S-8
No. 33-77586, Form S-8 No. 33-77590, Form S-8 No. 333-74873, Form S-8 No.
333-68103 and Form S-3 No. 33-85898) of InterVoice, Inc. and subsidiaries of our
report dated April 7, 1999, except for Note O as to which the date is April 27,
1999, with respect to the consolidated financial statements and schedule of
InterVoice, Inc. and subsidiaries included in the Annual Report (Form 10-K, as
amended by Form 10-K/A (Amendment No. 1)) for the year ended February 28, 1999.


                                            ERNST & YOUNG LLP


Dallas, Texas
June 1, 1999