alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.196

SUBORDINATED PROMISSORY NOTE

$300,000.00 Dated: September 10, 2007

FOR VALUE RECEIVED, Biovest International, Inc., a Delaware corporation (Borrower) promises to pay to the order of Philip E.
Rosensweig(Lender), the principal sum of Three Hundred Thousand Dollars ($300,000.00). This Unsecured Promissory Note is created pursuant to the Subordinated Note Purchase Agreement dated September 10, 2007 between Lender and
Borrower.

INTEREST:There shall be no interest accrued or paid on any sums due pursuant to this Note. Notwithstanding the
foregoing, in the event of a Default as defined herein the outstanding balance due pursuant to this Note shall bear interest at the rate of 18% per annum commencing on the date of Default.

SUBORDINATION: The obligations pursuant to this Subordinated Promissory Note shall be subordinated to the interests of the senior secured
creditors of Borrower, Laurus Master Fund, Ltd. and Accentia Biopharmaceuticals, Inc.

MATURITY:The entire principal balance of
this Note shall be due and payable in full one year from the date of this Note. There shall be no penalty for early repayment of all or any part of the principal.

DEFAULT: The Borrower shall be in Default of this Note on the occurrence of any of the following events: (i) the Borrower shall fail to meet its obligation to make the required principal or interest
payments hereunder; (ii) the Borrower shall be dissolved or liquidated; (iii) the Borrower shall make an assignment for the benefit of creditors or shall be unable to, or shall admit in writing their inability to pay their debts as they
become due; (iv) the Borrower shall commence any case, proceeding, or other action under any existing or future law of any jurisdiction relating to bankruptcy, insolvency, reorganization or relief of debtors, or any such action shall be
commenced against the undersigned; (v) the Borrower shall suffer a receiver to be appointed for it or for any of its property or shall suffer a garnishment, attachment, levy or execution.

REMEDIES:Upon default of this Note, Lender may declare the entire amount due and owing hereunder to be immediately due and payable. Lender may also use all remedies in law and in equity
to enforce and collect the amount owed under this Note.

MISCELLANEOUS:

This Note shall be governed by, and construed in accordance with, the laws of the State of Florida, notwithstanding the application of choice of law principles. Borrower hereby waives demand,
presentment, notice of dishonor, diligence in collecting, grace and notice of protest.



|                            |  |                     
|--------------------------- |  | --------------------
|BORROWER:                  
|BIOVEST INTERNATIONAL, INC.
|                            | 
|By:                         |  | /s/ Steven Arikian  
|                            | 
|Name:                       |  | Steven Arikian, M.D.
|                            | 
|Title:                      |  | Chairman & CEO
FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SAUL GREGORIO MARTINEZ, 

Petitioner, No. 04-72975

v. Agency No. 

M A070-217-803 ICHAEL B. MUKASEY, Attorney

General, ORDER

Respondent. 

Filed November 7, 2008

Before: Harry Pregerson, John T. Noonan and

Stephen S. Trott, Circuit Judges.

ORDER

The Opinion, Concurrence, and Dissent filed October 6,

2008, slip op. 14193, are withdrawn. It may not be cited as

precedent by or to this court or any district court of the Ninth

Circuit. A new Opinion will follow in due course.

15279
PRINTED FOR

ADMINISTRATIVE OFFICE—U.S. COURTS

BY THOMSON REUTERS/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted

© 2008 Thomson Reuters/West.
§ 412.162 Process for reducing the base operating DRG payment amount and applying the value-based incentive payment amount adjustment under the Hospital Value-Based Purchasing (VBP) Program. ( a ) *General.* If a hospital meets or exceeds the performance standards that apply to the Hospital VBP Program for a fiscal year, CMS will make value-based incentive payments to the hospital under the requirements and conditions specified in this section.
( b ) *Value-based incentive payment amount.* ( 1 ) *Available amount.* The value-based incentive payment amount for a discharge is the portion of the payment amount that is attributable to the Hospital VBP Program. The total amount available for value based incentive payments to all hospitals for a fiscal year is equal to the total amount of base-operating DRG payment reductions for that fiscal year, as estimated by the Secretary.
( 2 ) *Calculation of the value-based incentive payment amount.* The value-based incentive payment amount is calculated by multiplying the base operating DRG payment amount by the value-based incentive payment percentage.
( 3 ) *Calculation of the value-based incentive payment percentage.* The value-based incentive payment percentage is calculated as the product of all of the following: ( i ) The applicable percent as defined in § 412.160.
( ii ) ( A ) For fiscal years before FY 2026, the hospital's Total Performance Score divided by 100; or
( B ) Beginning with FY 2026, the hospital's Total Performance Score divided by 110; and
( iii ) The linear exchange function slope.
( c ) *Methodology to calculate the value-based incentive payment adjustment factor.* The value-based incentive payment adjustment factor for each discharge is determined by subtracting the applicable percent as specified in § 412.160 from the value-based incentive payment percentage and then adding that difference to one.
[77 FR 53674, Aug. 31, 2012, as amended at 88 FR 59333, Aug. 28, 2023]
HomeOffice of the SpokespersonPress Releases...Deputy Secretary Sherman’s Meeting with German State Secretary Andreas Michaelis

# 									Deputy Secretary Sherman’s Meeting with German State Secretary Andreas Michaelis							

Readout

Office of the Spokesperson

December 9, 2022

The following is attributable to Spokesperson Ned Price:

Deputy Secretary of State Wendy Sherman met today in Berlin with German State Secretary Andreas Michaelis.  The Deputy Secretary thanked Michaelis for Germany’s steadfast support for Ukraine, and they discussed the need to maintain Allied unity throughout this difficult winter.  They also discussed the Western Balkans, the Sahel, Iran, and the global challenges posed by the PRC.

Tags

Bureau of European and Eurasian AffairsDeputy Secretary TripDeputy Secretary of StateGermanyOffice of the Spokesperson

Back to Top
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS INCLUDED IN THE QUARTERLY REPORT ON FORM 10-Q FOR THE
QUARTER ENDED 9-30-95 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1994
<PERIOD-END>                               SEP-30-1995
<CASH>                                             872
<SECURITIES>                                     86705
<RECEIVABLES>                                     1905
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 29122
<PP&E>                                           63556
<DEPRECIATION>                                   27398
<TOTAL-ASSETS>                                  132038
<CURRENT-LIABILITIES>                            15735
<BONDS>                                           1247
<COMMON>                                            36
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      115020
<TOTAL-LIABILITY-AND-EQUITY>                    132038
<SALES>                                          29846
<TOTAL-REVENUES>                                 34844
<CGS>                                            18236
<TOTAL-COSTS>                                    57673
<OTHER-EXPENSES>                                  1342
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (21487)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (21487)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (21487)
<EPS-PRIMARY>                                   (0.60)
<EPS-DILUTED>                                   (0.60)
        

</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Treasury

Under the authority granted to me as Chief Counsel of the Internal Revenue Service by the General Counsel of the Department of the Treasury by General Counsel Order No. 21 (Rev. 4), pursuant to the Civil Service Reform Act, I have appointed the following persons to the Legal Division Performance Review Board, Internal Revenue Service Panel:

1. Chairperson, Bernard J. Knight, Acting General Counsel (Department of Treasury).

2. Paul D. DeNard, IRS, Deputy Commissioner (Operations) (Large and Mid Size Business).

3. Faris R. Fink, IRS, Deputy Commissioner (Small Business/Self Employed).

This publication is required by 5 U.S.C. 4314(c)(4).

Dated: August 8, 2009.

William J. Wilkins,

Chief Counsel, Internal Revenue Service.

[FR Doc. E9-21726 Filed 9-8-09; 8:45 am]

BILLING CODE 4830-01-P
<PAGE>

                                                                EXHIBIT 23.1







                     CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement on 
Forms S-8 No. 33-14144, No. 33-47068, No. 33-67280 and No. 33-80894 of our 
report dated February 7, 1996, with respect to the financial statements of 
DATAKEY, INC., which appear in Item 7 of the annual report on Form 10-KSB for 
the year ended December 31, 1995.




                                               McGLADREY & PULLEN, LLP


Minneapolis, Minnesota
March 27, 1996
###### Editorial Note on Subpart R of Part 405

#### Editorial Note:

Nomenclature changes to subpart R of part 405 appear at 79 FR 55031, Aug. 22, 2014.

#### § 405.1867 Scope of Board's legal authority.

In exercising its authority to conduct proceedings under this subpart, the Board must comply with all the provisions of Title XVIII of the Act and regulations issued thereunder, as well as CMS Rulings issued under the authority of the Administrator as described in § 401.108 of this subchapter. The Board shall afford great weight to interpretive rules, general statements of policy, and rules of agency organization, procedure, or practice established by CMS.

[48 FR 22925, May 23, 1983, as amended at 73 FR 30260, May 23, 2008; 73 FR 49356, Aug. 21, 2008]
<PAGE>
                                                                    EXHIBIT 23.1

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement Nos.
33-93538, 33-41453, 33-48646, 33-77080, 333-4620, 333-31753, 333-59547,
333-80071, 333-36836 and 333-62574 on Forms S-8 of Somanetics Corporation of our
report dated January 21, 2002, appearing in this Annual Report on Form 10-K of
Somanetics Corporation for the year ended November 30, 2001.

/s/ DELOITTE & TOUCHE LLP
-------------------------

Detroit, Michigan
February 14, 2002
40997.

#### SCHRIMSHER v. STATE HIGHWAY DEPARTMENT.

*706Decided November 25, 1964.

*707
      *Grubbs, Prosser & Burke, Wm. H. Burke,*for plaintiff in error.

*Eugene Cook, Attorney General, Richard L. Chambers, Assistant Attorney General, Raymond M. Reed, G. Conley Ingram,*contra.

Eberhardt, Judge.

The general grounds of the motion for new trial are without merit. The amount of the verdict was supported by and within the range of the testimony. While evidence as to comparable sales should generally be restricted to sales of similar property made “at or near the time of taking,” *Flemister v. Central Ga. Power Co.,*140 Ga. 511 (6) (79 SE 148), whether a sale is so within the proximity of the taking as to throw light upon the value of the land taken is addressed to *708the sound discretion of the trial judge, *Aycock v. Fulton County,*95 Ga. App. 541 (98 SE2d 133); *Freedman v. Housing Authority of the City of Atlanta,*108 Ga. App. 418, 421 (136 SE2d 544); *Fulton County v. Elliott,*109 Ga. App. 775, 777 (137 SE2d 477). We find no abuse of discretion in the admission of sales made some two years prior to the taking since there was evidence that values in the subdivision where the properties sold and condemnee’s property were located had not materially changed since prior to the date of the sales testified about. Nor does it matter that this witness’s opinion as to value may, in part, rest upon information as to these sales supplied by another. *Gulf Refining Co. v. Smith,*164 Ga. 811 (4) (139 SE 716).

There was no error in admitting the testimony of the witness who described the properties that had been sold, giving the type of construction, the approximate date of construction, the areas of the houses and of the lots, and their location in the same subdivision with condemnee’s property, etc. A similar description of condemnee’s house and lot was before the jury and they could make a determination as to whether the properties were comparable to that of condemnee. Nor does it matter that the witness so testifying had not been in the condemnee’s house and had not seen it prior to its removal from the lot, for he expressed no opinion as to the value of condemnee’s property. In these circumstances the ruling of *Georgia Power Co. v. Livingston,*103 Ga. App. 512 (2) (119 SE2d 802) has no application.

There is no merit in the contention that the verdict is illegal because less in amount than the estimate of compensation to be paid contained in the condemnor’s declaration of taking. The figure in the declaration is just what it is declared to be, an “estimate.” If the condemnee accepts and there is no appeal, the estimate becomes final. But upon appeal to a jury the very issue to be tried is that of value as to the lands taken and consequential damages as to the portion not taken. *State Hwy. Dept. v. Smith,*219 Ga. 800, 808 (136 SE2d 334). Neither the condemnor nor the condemnee is, upon appeal, bound by any finding of value by assessors or a special master or by any estimate of value by the condemnor in the declaration of taking.

*Judgment affirmed.*

*Bell, P. J., and Jordan, J., concur.*
HomeDirect Line for American Business...Logging into Senegal’s Digital Sector

# 									Logging into Senegal’s Digital Sector							

Direct Line Event

Bureau of Economic and Business Affairs

April 6, 2021

**Topic:**Logging into Senegal’s Digital Sector

**Host:** U.S. Ambassador Mushingi

**Guest Speakers:** Cheikh Bakhoum, Director General of Senegal’s Information Agency

**Date and****Time:** Tuesday, April 6th 3:00 pm (GMT) 11:00 am (EDT)****

**Brief Description of Call:**Join U.S. Ambassador Mushingi to explore opportunities in Senegal’s ITC sector including: 5G and cable infrastructure, data centers, cybersecurity, mobile technology, and satellite imaging. Senegal’s Information Agency Director General Cheikh Bakhoum will join the Ambassador to offer the Senegalese perspective.

Tags

Bureau of Economic and Business AffairsDirect Line

Back to Top
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          OCT-31-1997
<PERIOD-END>                               OCT-31-1997
<CASH>                                             603
<SECURITIES>                                         0
<RECEIVABLES>                                    1,442
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 2,045
<PP&E>                                             180
<DEPRECIATION>                              10,134,034
<TOTAL-ASSETS>                                   2,045
<CURRENT-LIABILITIES>                           11,419
<BONDS>                                              0
<PREFERRED-MANDATORY>                              180
<PREFERRED>                                 10,134,034
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>              (10,143,588)
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   10,323
<OTHER-EXPENSES>                                   921
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (11,244)
<EPS-PRIMARY>                                    (.07)
<EPS-DILUTED>                                    (.07)
        

</TABLE>
```

[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Notices]
[Pages 55799-55800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22436]

=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS

Sunshine Act Notice

AGENCY: United States Commission on Civil Rights.

ACTION: Notice of business meeting.

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

DATE AND TIME: Friday, September 21, 2012; 9:30 a.m. EDT.

PLACE: 1331 Pennsylvania Ave. NW., Suite 1150, Washington, DC 20425.

MEETING AGENDA
    This meeting is open to the public.

I. Approval of Agenda
II. Program Planning Update and discussion of projects:
     Discussion and Vote on 2013 Statutory Report Topic
     Approval and Scheduling of 2013 Briefings
     Adoption and Vote on 2013 USCCR Business Meeting Calendar
     Update on the Sex-Trafficking Briefing
III. Management and Operations
     Chief of Regional Programs'' report
     Report from Regional Directors
     Discussion on 2013 Budget
     Training on the Stock Act conducted by OGC
IV. Approval of State Advisory Committee Slates
     Colorado
     Florida
     Massachusetts

[[Page 55800]]

     New Jersey
     South Carolina
     West Virginia
V. Adjourn Meeting

CONTACT PERSON FOR FURTHER INFORMATION: Lenore Ostrowsky, Acting Chief, 
Public Affairs Unit (202) 376-8591.
    Hearing-impaired persons who will attend the meeting and require 
the services of a sign language interpreter should contact Pamela 
Dunston at (202) 376-8105 or at signlanguage@usccr.gov at least seven 
business days before the scheduled date of the meeting.

    Dated: September 7, 2012.
Kimberly Tolhurst,
Senior Attorney-Advisor.
 [FR Doc. 2012-22436 Filed 9-7-12; 4:15 pm]
BILLING CODE 6335-01-P
```
HomeOffice of the SpokespersonPress Releases...Deputy Secretary Sherman’s Meeting with Republic of Korea Vice Foreign Minister Choi

# 									Deputy Secretary Sherman’s Meeting with Republic of Korea Vice Foreign Minister Choi							

Readout

Office of the Spokesperson

June 9, 2021

The below is attributable to Spokesperson Ned Price:

Today, Deputy Secretary of State Wendy Sherman met Republic of Korea Vice Foreign Minister Choi Jong Kun in Washington.  The Deputy Secretary and the Vice Foreign Minister reaffirmed the U.S.-ROK Alliance as the linchpin of peace, security, and prosperity in Northeast Asia, the Indo-Pacific, and beyond.  Deputy Secretary Sherman and Vice Foreign Minister Choi highlighted U.S.-ROK cooperation on shared priorities, including addressing the climate crisis, building relations and addressing challenges in the Indo-Pacific, strengthening cooperation on global health and secure supply chains, and working toward the denuclearization of the Korean Peninsula.  They discussed efforts to combat COVID-19 through expanding vaccine production and related supplies and manufacturing innovations.  The Deputy Secretary and the Vice Foreign Minister also reaffirmed the importance of restoring Burma’s path to democracy and stressed that cooperation between and among the United States, the ROK, and Japan is essential to solving global challenges of today and the future.

Tags

Bureau of East Asian and Pacific AffairsBurmaCOVID-19Deputy Secretary of StateHuman Rights and DemocracyIndo-PacificJapanOffice of the SpokespersonSouth Korea

Back to Top