alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.8****THIRD AMENDMENT TO LEASE**     This Amendment date July 15, 2005 for reference purposes only, is made by and between TasmanV, LLC (hereinafter sometime called “Lessor”) and Adeza Biomedical Corporation (hereinaftersometimes called “Tenant”) for Premises commonly known as 1240 Elko Drive, Sunnyvale, California.**RECITAL** A. Tenant entered into that certain Lease Agreement dated July 7, 1999 with the Landlordfor the premises.  B. On August 8, 2002, Tenant extended the lease according to the First Amendment to Lease  C. The current lease term and extension expired on April 14, 2004 and tenant has remainedmonth-to-month  D. On October 12, 2004 Tenant extended the lease for an additional one-(1) year fromOctober 1, 2004 to September 30, 2005. The monthly rent due under said lease shall remainunchanged at $16,720.  E. Subject to the provisions of the Lease Agreement and this Second Amendment, the tenantwishes to renew the lease.**AGREEMENT**     For and in consideration of the mutual covenants and undertakings set forth hereinafter theparties agree as follows: 1. **Extension of Lease Term:**The Lease term shall be extended an additional one (1) yearfrom October 1, 2005 to September 30, 2006.  2. **Base Monthly Rent:**The monthly rent due during this extension shall be $14,960.00  3. **Option to Renew:**Lessee shall have the option to extend the term of the Lease on all ofthe provisions contained in the Lease for two-(2) additional one-(1) year period(s)following the expiration the term specified in Paragraph 1 of this agreement by givingwritten notice of exercise of the option to Lessor not less than 120 days before theexpiration of the lease term as specified in paragraph 1 of this agreement. The basemonthly rent to be paid by Lessee during the option term shall at market rent rate.  4. **Effect of Amendment:**Each term used herein with initial capital letters shall have themeaning ascribed to such term in the Lease unless specifically otherwise defined herein. Inthe event of any inconsistency between this Amendment and the Lease, the terms of thisAmendment shall prevail. Time is of the essence as to each and every provision of thisamendment.  5. **Entire Understanding:**This Amendment and Lease shall constitute the entire agreementbetween the parties and no other written or oral agreement or understanding exists betweenthe parties. All other terms and conditions of the Lease shall remain the same. In theevent of any inconsistency between this Amendment and the Lease, the terms of the Amendmentshall prevail.**IN WITNESS WHEREOF,**the parties have executed this Agreement on the date written below.           **Landlord:** Tasman V, LLC   **Tenant:** Adeza Biomedical Corporation             By: /s/ Jack E. Horton    By: /s/ Mark Fischer-Colbrie              Name Printed: Jack E. Horton   Name Printed: Mark Fischer-Colbrie             Title: Mgr. Member   Title: VP Finance & Administration             Date: 9-16-05   Date: 9-12-05
#### § 613.3005 Lending objective.

It is the objective of each bank and association, except for banks for cooperatives, to provide full credit, to the extent of creditworthiness, to the full-time bona fide farmer (one whose primary business and vocation is farming, ranching, or producing or harvesting aquatic products); and conservative credit to less than full-time farmers for agricultural enterprises, and more restricted credit for other credit requirements as needed to ensure a sound credit package or to accommodate a borrower's needs as long as the total credit results in being primarily an agricultural loan. However, the part-time farmer who needs to seek off-farm employment to supplement farm income or who desires to supplement off-farm income by living in a rural area and is carrying on a valid agricultural operation, shall have availability of credit for mortgages, other agricultural purposes, and family needs in the preferred position along with full-time farmers. Loans to farmers shall be on an increasingly conservative basis as the emphasis moves away from the full-time bona fide farmer to the point where agricultural needs only will be financed for the applicant whose business is essentially other than farming. Credit shall not be extended where investment in agricultural assets for speculative appreciation is a primary factor.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE  CONTAINS  SUMMARY  FINANCIAL  INFORMATION EXTRACTED  FROM
EPOLIN, INC.'S QUARTERLY REPORT FOR THE QUARTER ENDED AUGUST 31, 1997
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<PERIOD-TYPE>                      6-MOS
<FISCAL-YEAR-END>                  FEB-28-1998
<PERIOD-END>                       AUG-31-1997
<CASH>                             356,934
<SECURITIES>                       0
<RECEIVABLES>                      253,766
<ALLOWANCES>                       0
<INVENTORY>                        325,838
<CURRENT-ASSETS>                   1,066,058
<PP&E>                             643,116
<DEPRECIATION>                     525,253
<TOTAL-ASSETS>                     1,520,251
<CURRENT-LIABILITIES>              37,523
<BONDS>                            0
<COMMON>                           2,206,984
<PREFERRED-MANDATORY>              0
<PREFERRED>                        0
<OTHER-SE>                         0
<TOTAL-LIABILITY-AND-EQUITY>       1,520,251
<SALES>                            747,218
<TOTAL-REVENUES>                   747,218
<CGS>                              257,932
<TOTAL-COSTS>                      257,932
<OTHER-EXPENSES>                   395,043
<LOSS-PROVISION>                   0
<INTEREST-EXPENSE>                 0
<INCOME-PRETAX>                    99,332
<INCOME-TAX>                       0
<INCOME-CONTINUING>                99,332
<DISCONTINUED>                     0
<EXTRAORDINARY>                    0
<CHANGES>                          0
<NET-INCOME>                       99,332
<EPS-PRIMARY>                      .01
<EPS-DILUTED>                      .01

</TABLE>
<PAGE>

Exhibit 23.1

   INDEPENDENT AUDITORS' CONSENT

   We consent to the incorporation by reference in Registration Statement No's
   33-70050, 33-80985 and 333-32237 of Aldila, Inc. on Form S-8 of our report 
   dated February 3, 1999 (March 22, 1999 as to the effects of the amendment to 
   the line of credit described in Note 6), appearing in this Annual Report on 
   Form 10-K of Aldila, Inc. for the year ended December 31, 1998.

   Deloitte & Touche LLP
   San Diego, California
   March 22, 1999
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk September 28, 2009

0921 

# Order

September 28, 2009

139074

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 139074 COA: 282437 Eaton CC: 07-020226-FC LARRY O’NEAL McCLAIN, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the April 21, 2009 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
LTS Doc#:22884-2 Filed:11/14/22 Entered:11/16/22 

Envelope Page 1 of 1
#### Robert C. Brinkley, Respondent, *v.*Bernard Naughton et al., Appellants.

, Appeal from a judgment of the Municipal Court of the city of New York, tenth district, borough of Manhattan.

Thomas 0. O’Sullivan, for appellants.

Elmer E. Cooley, for respondent.

*753
      *Per Curiam.*

Mo question of law being presented by the record, and the judgment having been rendered on conflicting evidence, there must he an affirmance.

Present: Beekmah, P. J., Giegerich and O’Gormah, JJ.

Judgment affirmed, with costs.
#### § 612.2140 [Reserved]
§ 5.4 Filing required. ( a ) *Filing.* A depository institution must file an application or notice with the OCC to engage in corporate activities and transactions as described in this part.
( b ) *Availability of forms.* Forms and instructions for filing are available at *www.occ.gov*.
( c ) *Other agency's applications or filings.* At the request of the filer, the OCC may accept an application or other filing submitted to another Federal agency that covers the proposed action or transaction and contains substantially the same information as required by the OCC. The OCC also may require the filer to submit supplemental information.
( d ) *Where to file.* A filer should address a filing or other submission under this part to the appropriate OCC licensing office or appropriate OCC supervisory office, unless the OCC advises a filer otherwise. Relevant addresses are listed on *www.occ.gov*.
( e ) *Incorporation of other material.* A filer may incorporate any material contained in any other application or filing filed with the OCC or other Federal agency by reference, provided that the material is attached to the application and is current and responsive to the information requested by the OCC. The filing must clearly indicate that the information is so incorporated and include a cross-reference to the information incorporated.
( f ) *Prefiling meeting.* Before submitting a filing to the OCC, a potential filer is encouraged to contact the appropriate OCC licensing office to determine the need for a prefiling meeting. The OCC decides whether to require a prefiling meeting on a case-by-case basis. Submission of a draft business plan or other relevant information before any prefiling meeting may expedite the filing review process. A potential filer considering a novel, complex, or unique proposal is encouraged to contact the appropriate OCC licensing office to schedule a prefiling meeting early in the development of its proposal for the early identification and consideration of policy issues. Information on model business plans can be found in the Comptroller's Licensing Manual.
( g ) *Certification.* A filer must certify that any filing or supporting material submitted to the OCC contains no material misrepresentations or omissions. The OCC may review and verify any information filed in connection with a notice or an application. Any person responsible for any material misrepresentation or omission in a filing or supporting materials may be subject to enforcement action and other penalties, including criminal penalties provided in 18 U.S.C. 1001.
[80 FR 28414, May 18, 2015, as amended at 85 FR 80435, Dec. 11, 2020]
CERTIFICATE OF AMENDMENT

                                     TO THE

                              AMENDED AND RESTATED

                          CERTIFICATE OF INCORPORATION

                                       OF

                          THE LESLIE FAY COMPANY, INC.


         The Leslie Fay Company,  Inc., a  corporation  organized  and presently
existing  under such name under the General  Corporation  Law of  Delaware  (the
"DGCL") and originally  incorporated  under the name "New Lefco  Corporation" on
January 9, 1984 (the "Corporation"), does hereby certify that in connection with
and pursuant to the Fourth Amended and Restated Joint Plan of  Reorganization of
The Leslie Fay  Companies,  Inc. et al.  (Chapter 11 Case No. 93 B 41724 et seq.
(TLB)  (Jointly  Administered)),  confirmed  on April  21,  1997 by order of the
United  States  Bankruptcy  Court  for the  Southern  District  of New York (the
"Confirmation  Order") (the Corporation  initially filed its bankruptcy petition
in such  Court on April 5,  1993),  the  Amended  and  Restated  Certificate  of
Incorporation of the Corporation,  filed in the office of the Secretary of State
of the State of Delaware on June 3, 1997, is hereby amended  pursuant to Section
303 of the DGCL, 11 U.S.C. ss.1142 and the authority granted by the Confirmation
Order as follows:

         ARTICLE IV(A) of the Amended and Restated  Certificate of Incorporation
of the Corporation shall be amended to read in its entirety as follows:

                                   ARTICLE IV

         (A)      Authorized  Stock.  The total  number of shares of stock which
the corporation  shall have the authority to issue is ten million  (10,000,000),
consisting of nine million five hundred  thousand  (9,500,000)  shares of common
stock,  par value $.01 per share  ("Common  Stock"),  and five hundred  thousand
(500,000)  shares  of  preferred  stock,  par value  $.01 per share  ("Preferred
Stock").

         IN WITNESS  WHEREOF,  THE  LESLIE FAY  COMPANY,  INC.  has caused  this
Certificate to be executed,  under penalty of perjury, by John J. Pomerantz, its
Chairman and Chief Executive Officer, this 3rd day of November, 1997.

                                                    THE LESLIE FAY COMPANY, INC.


                                                    By:  /s/  John J. Pomerantz
                                                      --------------------------
                                                       Name:  John J. Pomerantz
                                                       Title: Chairman and Chief
                                                               Executive Officer
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information  extracted from SEC
Form 10-Q and is qualified in its entirety by reference to such financial
statements.
</LEGEND>

<MULTIPLIER>                                   1,000
<CURRENCY>                                     US Dollar

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              Dec-31-1998
<PERIOD-START>                                 Jan-01-1999
<PERIOD-END>                                   Jun-30-1999
<EXCHANGE-RATE>                                1
<CASH>                                         10,062
<SECURITIES>                                   0
<RECEIVABLES>                                  3,198
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               15,190
<PP&E>                                         39,096
<DEPRECIATION>                                 21,555
<TOTAL-ASSETS>                                 41,991
<CURRENT-LIABILITIES>                          3,397
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       72
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   41,991
<SALES>                                        17,407
<TOTAL-REVENUES>                               19,943
<CGS>                                          18,146
<TOTAL-COSTS>                                  18,468
<OTHER-EXPENSES>                               322
<LOSS-PROVISION>                               1
<INTEREST-EXPENSE>                             251
<INCOME-PRETAX>                                1,475
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   1,475
<EPS-BASIC>                                  .20
<EPS-DILUTED>                                  .20



</TABLE>
§ 615.5460 Additional provisions. ( a ) *Additional requirements.* In any case or any class of cases arising under the regulations in this subpart, the Farm Credit banks and the Funding Corporation may require such additional evidence and a bond of indemnity, with or without surety, as may in the judgment of the Farm Credit banks and the Funding Corporation be necessary for the protection of the interests of the Farm Credit banks and the Funding Corporation.
( b ) *Notice of attachment for Farm Credit securities in the Book-entry System.* The interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the securities intermediary with whom the debtor's securities account is maintained, except where a security entitlement is maintained in the name of a secured party, in which case the debtor's interest may be reached by legal process upon the secured party. These regulations do not purport to establish whether a Federal Reserve Bank is required to honor an order or other notice of attachment in any particular case or class of cases.
( c ) *Conversion of definitive securities into book-entry securities.* Definitive Farm Credit securities may be converted to book-entry form in accordance with the terms of the applicable securities documentation and Federal Reserve Operating Circular.
[61 FR 67192, Dec. 20, 1996, as amended at 62 FR 53230, Oct. 14, 1997]
```

[House Report 106-902]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-902

======================================================================

 
WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO THE 
  SAME DAY CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED BY THE RULES 
  COMMITTEE

                                _______
                                

 September 26, 2000.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

Mr. Hastings of Washington, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 595]

    The Committee on Rules, having had under consideration 
House Resolution 595, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                summary of provisions of the resolution

    The resolution waives clause 6(a) of rule XIII (requiring a 
two-thirds vote to consider a rule on the same day it is 
reported from the Rules Committee) against certain resolutions 
reported from the Rules Committee. The rule applies the waiver 
to a special rule reported on the legislative day of September 
27, 2000, providing for consideration or disposition of a 
conference report to accompany the bill (H.R. 4578) making 
appropriations for the Department of the Interior and related 
agencies for the fiscal year ending September 30, 2001, or any 
amendment reported in disagreement from a conference thereon. 
Finally, House Resolutions 586 and 592 are laid on the table.

                                  

```
#### WALLACE *v.*BEVARD.

Chancery — issue to a jury — non compos — order for issue-^opinion of witnesses.

The trial of questions of sanity depend on the opinion of witnesses, and it is necessary to *see*the witnesses to judge of their skill and judgment in forming such opinions.

Chancery will direct an issue to a jury to try questions of sanity, where the evidence is voluminous, and allow the parties to compel the personal attendance of the witnesses.

In Chancery. Bill for a specific performance of a contract. Plea — that at the execution of the contract, the respondent was non compos.

By the Court.

This case involves a question of fact of great delicacy and difficulty. The testimony is voluminous and contradictory. We feel indisposed to try such a question, and the more so, as in such inquiries, depending on matters of opinion, it is important to *see*the witnesses, in order to form a judgment of their competency and skill, to form an accurate opinion upon the question of sanity. An issue must be made up, and sent to a jury.

*Ordered,*That an issue be made up to try the fact of the insanity of the defendant, at the time of the execution of the instrument, in which issue the respondent shall hold the affirmative, that he was then *non compos,*and the complainant the negative: and on the trial before the jury, the parties shall have the right to compel the personal attendance of the witnesses, or at their option, to use the depositions on file.
<PAGE>   1
                                                                 EXHIBIT 10.15

                 AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP
                                       OF
                            HEART HOSPITAL, IV, L.P.

         THIS AMENDMENT (the "Amendment") to the Agreement of Limited
Partnership (the "Partnership Agreement") of Heart Hospital, IV, L.P. (the
"Partnership") is made and entered pursuant to Section 11.2 of the Partnership
Agreement.

                                    RECITALS

         WHEREAS, the Partners desire to amend the Partnership Agreement in
accordance with the terms of this Amendment.

         NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency which is hereby acknowledged, the Partners agree as follows:

         1.       The following provision is hereby inserted as the fourth
paragraph of Section 8.4 of the Partnership Agreement:


                  Notwithstanding anything herein to the contrary, in the event
         that no later than December 31, 2001 MedCath Holdings, Inc. ("MHI") or
         one of MHI's Affiliates conducts an underwritten public offering of the
         common stock of MHI or its Affiliate pursuant to an effective
         registration statement under the Securities Act of 1933, as then in
         effect, and MHI or MHI's Affiliate offers shares of its common stock or
         cash to any Partner in exchange for such Partner's Partnership Interest
         or a portion thereof (the "Exchange"), MHI and its Affiliates and the
         Partner may, notwithstanding the terms of this Agreement, engage in
         such Exchange upon such terms as the Partner and MHI or MHI's Affiliate
         may mutually agree, and the Exchange shall not be subject to any
         restrictions on the transfer of Partnership Interests or rights of
         first refusal of the Partnership or of any other Partner set forth in
         this Agreement, including, but not limited to, those restrictions set
         forth in this Section 8.4.

         2.       All terms not defined herein shall have the meaning provided
therefor in the Partnership Agreement.

         3.       Except as expressly provided herein, all terms and conditions
of the Partnership Agreement shall remain in full force and effect.

         4.       This Amendment shall be effective when approved by the
Partners in accordance with Section 11.2 of the Partnership Agreement.

         IN WITNESS WHEREOF, the Partners have approved and consented to this
Amendment as of the 30th day of March, 2001.


                                             HEART HOSPITAL, IV, L.P.
                                             By  Hospital Management IV, Inc.


                                             By: /s/ illegible signature
                                                 -----------------------------

                                             Its: President
                                                  ----------------------------