alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 23

Consent of KPMG LLP

The
Board of Directors
Aksys, Ltd.:

We
consent to incorporation by reference in the registration statements (Nos. 333-76142, 333-44668, 333-36674, 333-89188, 333-97763, 333-100557, and 333-102651) on Form S-3
and (Nos. 333-64134, 333-64136, and 333-18073) on Form S-8 of Aksys, Ltd. and subsidiaries of our report dated February 26, 2004 relating to the consolidated balance sheets of
Aksys, Ltd. and subsidiaries as of December 31, 2003 and 2002, and the related consolidated statements of operations, stockholders' equity, and cash flows for each of the years in the
three-year period ended December 31, 2003, which report appears in the December 31, 2003 annual report on Form 10-K of Aksys, Ltd.



Chicago,
Illinois
March 15, 2004

---

QuickLinks
Exhibit 11
                              THERMO TERRATECH INC.

                        Computation of Earnings per Share

                              Three Months Ended           Six Months Ended
                           ------------------------     ----------------------
                           Sept. 28,      Sept. 30,     Sept. 28,    Sept. 30,
                                1996           1995          1996         1995
 -----------------------------------------------------------------------------
 Computation of Primary
   Earnings (Loss)
   per Share:

 Net Income (Loss) (a)   $ 1,450,000   $(4,115,000)   $ 2,908,000  $    (74,000)
                         -----------   -----------    -----------  ------------
 Shares:
   Weighted average
     shares outstanding   18,213,925    17,372,817     18,053,176    17,361,796

   Add: Shares issuable
        from assumed
        exercise of
        options and
        warrants (as
        determined by
        the application
        of the treasury
        stock method)        633,850             -        786,250            -
                         -----------   -----------    -----------  ------------

   Weighted average
     shares outstanding,
     as adjusted (b)      18,847,775    17,372,817     18,839,426    17,361,796
                         -----------   -----------    -----------  ------------

 Primary Earnings (Loss)
   per Share (a) / (b)   $       .08   $      (.24)   $       .15  $         -
                         ===========   ===========    ===========  ============
UN I TED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460

Ms. Kathleen M. R oberts BRAG Executive Direc tor 2200 Pennsylvania Ave., NW, Suite I OOW Washington, DC 20037 Dear Ms. R oberts: 

## DEC 3 1 2015

The U.S. Envi ronmental Protection Agency has completed its review of yo ur petition dated October 5. 2015 requesting th e Agency to promulgate a rule pursuant to T CA section 8 that would "establish a process to amend the li st of natural so urce s of oi l and fat in th e ' Soap and Detergent Association· ( DA) nomenclature sys t e m by cons ider in g th e chemical equivalency of additional natural so urc es ." Ba sed on this review and ca reful consideration of yo ur request, the EPA is denying the petition. The reasons for the EPA' s denial are set forth in th e enc l osed, prepublication copy o f a notice which will be published in the F e de ral Register in a few days announcing the EPA' s decisi on. You have the ri g ht to appeal thi s denial by commencing a civ il action in a U.S. district court to compel initiati on of the reque sted rulemaking proceeding within 60 days of the date of this denial letter. Note that TSCA sect i o n 5(h)(4) provides that " [t]hc Admin istrator may, up on application and by rul e. exempt the manufacture of any new c h emical sub stance from all o r part o f the requirement s of sect i o n 5 if the Administrator determ in es that the manufacture , proce ss ing , di s tributi on in commerce. u se. o r disposal of s uc h c h em ical sub s tanc e. o r that any combination of suc h act iviti es. will not pre sent an unreas onable ri s k of injur y to hum an health o r the e nvironment." As s uch, this secti o n o f T CA ma y be more relevant to the subject of your petition. I f y ou would like to di scu s s these matters further, please contact Wendy Cle l and- Hamnett. Director of the Office of Pollution Preventi on and Toxics. at 202-564-3810.

Encl os ure

I nternet Address (URL) • http://www
. epa.gov Recyclod/Rocyclablo • Prmted with Vegetable Oil Based Inks on 100% Postconsumer. Process Chlonne Free Recycled Paper
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3537 Engrossed in House (EH)]

  2d Session

                               H. R. 3537

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
 at 185 State Street in Manhattan, Illinois, as the ``Army Pvt. Shawn 
                    Pahnke Manhattan Post Office''.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                H. R. 3537

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 185 State Street in Manhattan, Illinois, as the ``Army Pvt. Shawn 
                    Pahnke Manhattan Post Office''.

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 185 
State Street in Manhattan, Illinois, shall be known and designated as 
the ``Army Pvt. Shawn Pahnke Manhattan Post Office''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Army Pvt. Shawn Pahnke 
Manhattan Post Office''.

            Passed the House of Representatives March 9, 2004.

            Attest:

                                                                 Clerk.
```
#### § 791.7 Scope.

The rules contained in this subpart B pertain to the promulgation of NCUA rules and regulations.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 
REGISTRANT'S FINANCIAL STATEMENTS FOR ITS FIRST QUARTER OF FISCAL YEAR 1998 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          13,613
<SECURITIES>                                         0
<RECEIVABLES>                                   11,401
<ALLOWANCES>                                         0
<INVENTORY>                                      2,131
<CURRENT-ASSETS>                                27,907
<PP&E>                                         125,908
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 253,683
<CURRENT-LIABILITIES>                           39,738
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            68
<OTHER-SE>                                     (1,562)
<TOTAL-LIABILITY-AND-EQUITY>                   253,683
<SALES>                                         17,629
<TOTAL-REVENUES>                                17,629
<CGS>                                            8,902
<TOTAL-COSTS>                                    8,902
<OTHER-EXPENSES>                                   882
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,553
<INCOME-PRETAX>                                  4,292
<INCOME-TAX>                                     1,619
<INCOME-CONTINUING>                              2,673
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,673
<EPS-PRIMARY>                                     0.39
<EPS-DILUTED>                                     0.38
        

</TABLE>
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3161 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 3161

To ratify the authority of the Federal Trade Commission to establish a 
                         do-not-call registry.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2003

   Mr. Tauzin (for himself, Mr. Dingell, Mr. Upton, and Mr. Markey) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To ratify the authority of the Federal Trade Commission to establish a 
                         do-not-call registry.

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

SECTION 1. NATIONAL DO-NOT-CALL REGISTRY.

    (a) Authority.--The Federal Trade Commission is authorized under 
section 3(a)(3)(A) of the Telemarketing and Consumer Fraud and Abuse 
Prevention Act (15 U.S.C. 6102(a)(3)(A)) to implement and enforce a 
national do-not-call registry.
    (b) Ratification.--The do-not-call registry provision of the 
Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii)), which was 
promulgated by the Federal Trade Commission, effective March 31, 2003, 
is ratified.
                                 <all>
```
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 335 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 335

      For the relief of Jaya Gulab Tolani and Hitesh Gulab Tolani.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2003

 Mr. Wilson of South Carolina introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
      For the relief of Jaya Gulab Tolani and Hitesh Gulab Tolani.

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

SECTION 1. PERMANENT RESIDENT STATUS FOR JAYA GULAB TOLANI AND HITESH 
              GULAB TOLANI.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Jaya Gulab Tolani and 
Hitesh Gulab Tolani shall each be eligible for issuance of an immigrant 
visa or for adjustment of status to that of an alien lawfully admitted 
for permanent residence upon filing an application for issuance of an 
immigrant visa under section 204 of such Act or for adjustment of 
status to lawful permanent resident.
    (b) Adjustment of Status.--If Jaya Gulab Tolani or Hitesh Gulab 
Tolanior enters the United States before the filing deadline specified 
in subsection (c), he or she shall be considered to have entered and 
remained lawfully and shall, if otherwise eligible, be eligible for 
adjustment of status under section 245 of the Immigration and 
Nationality Act as of the date of the enactment of this Act.
    (c) Deadline for Application and Payment of Fees.--Subsections (a) 
and (b) shall apply only if the application for issuance of an 
immigrant visa or the application for adjustment of status is filed 
with appropriate fees within 2 years after the date of the enactment of 
this Act.
    (d) Reduction of Immigrant Visa Number.--Upon the granting of an 
immigrant visa or permanent residence to Jaya Gulab Tolani and Hitesh 
Gulab Tolani, the Secretary of State shall instruct the proper officer 
to reduce by 2, during the current or next following fiscal year, the 
total number of immigrant visas that are made available to natives of 
the country of the aliens`` birth under section 203(a) of the 
Immigration and Nationality Act or, if applicable, the total number of 
immigrant visas that are made available to natives of the country of 
the aliens'' birth under section 202(e) of such Act.
    (e) Denial of Preferential Immigration Treatment for Certain 
Relatives.--The natural parents, brothers, and sisters of Jaya Gulab 
Tolani and Hitesh Gulab Tolani shall not, by virtue of such 
relationship, be accorded any right, privilege, or status under the 
Immigration and Nationality Act.
                                 <all>
```
### SAT Report PMN Number: P-13-0936 SAT Date: 10/22/2013

Print Date: 7/2/2014

Related cases :

Concern levels : Type of Concern: Health Eco Comments Level of Concern: 1-2 2

Persistence Bioaccum Toxicity Comments 1 11

Exposure Based Review : Health: N o Ecotox: N o
Routes of exposure : Health: Drinking Water Inhalation Ecotox: All releases to water Fate: ; Keywords : Keywords: IRR-E,S,L BLOOD DEVEL LIVER UNCERT NEURO AQUATOX-A,C
Summary of Assessment :
Fate : Fate Summary: P-13-0936 FATE: Estimations for anion MW 206 log Kow = -0.01 (E) log Koc = 0.13 (E) log Fish BCF = 0.50 (E) log Fish BAF = -0.04 (E)PMN Substance: Solid S > 1000 mg/L at 25 C (Analogs) VP < 1.0E-6 torr at 25 C (E) BP > 400 C (E) H < 1.00E-8 (E) POTW removal (%) = 57 Time for complete ultimate aerobic biodeg = wk-mo Sorption to soils/sediments = low PBT Potential: P1B1 *CEB FATE: Migration to ground water = rapid

Health : Health Summary: Absorption is nil through the skin and good through the lung and GI tract, based on physical/chemical properties. The PMN substance is a . There is concern for irritation to the eye, skin, and lung based on information in the PMN MSDS. Also, there is concern for blood and developmental toxicities, based on as well as concern for liver toxicity and uncertain concern for neurotoxicity, based on p hosphonates.

Ecotox :
Test Organism Test Type Test End Point Predicted Measured Comments

fish 96-h LC50 >100 daphnid 48-h LC50 >100 green algal 96-h EC50 3.0 fish

_ chronic value >10 daphnid

_ chronic value >10
algal

_ chronic value 1.3
Sewage Sludge 3-h EC50

_ Sewage Sludge

_ Chronic Value _

Ecotox Values Comments: Predictions are based on SARs for polyanionic monomers; SAR chemical class = monomer- p olyanionic- ; MW 266; S > 1 g/L at 20 C (P); p H7; effective concentrations based on 100% active ingredients and mean measured concentrations; hardness <180.0 mg/L as CaCO3; and TOC <2.0 mg/L;

Factors Values Comments Assessment Factor 10 Concentration of Concern ( p pb) 130

SARs p olyanionic monomersSAR Class monomer- p olyanionic
Ecotox Category Polyanionic Polymers (& Monomers)

Ecotox Factors Comments:

SAT Chair: J. Kwiat
|                                                                  | 2011           | 2010           | 2009            | 2008          | 2007          |
|-----------------------------------------------------------------------|----------------|----------------|-----------------|---------------|---------------|
| Fixed charges:                                                        |           |           |            |          |          |
| Interest expense on indebtedness                                      | $8,190         | $16,678        | $28,247         | $32,469       | $37,853       |
| Amortization of debt issuance costs                                   | 663            | 946            | 1,047           | 1,088         | 1,300         |
| Capitalized interest                                                  | 881            | 1,376          | 1,423           | 631           | 269           |
| Interest expense on portion of rent expenserepresentative of interest |  856      |  882      |  922       |  902     |  760     |
| Total fixed charges                                                   | $10,590        | $19,882        | $31,639         | $35,090       | $40,182       |
|                                                                  |           |           |            |          |          |
| Earnings:                                                             |           |           |            |          |          |
| Net income (loss) before provision for income taxes                   |  $116,035 |  $125,811 |  $(51,710) |  $67,305 |  $43,838 |
| Fixed charges per above less capitalized interest                     |  9,709    |  18,506   |  30,216    |  34,459  |  39,913  |
| Amortization of capitalized interest                                  | 990            | 904            | 869             | 827           | 809           |
|                                                                  |           |           |            |          |          |
| Total earnings                                                        | $126,734       | $145,221       | $(20,625)       | $102,591      | $84,561       |
|                                                                  |           |           |            |          |          |
| Ratio of earnings to fixed charges*                                   | 12.0x          | 7.3x           |            | 2.9x          | 2.1x          |
|                                                                  |           |           |            |          |          |
| Coverage deficiency                                                   |           |           | $(52,264)       |          |          |
|                                                                  |           |           |            |          |          |
#### § 390.429 Form for securities sale report.

FDIC, 550 17th Street, NW., Washington, DC 20429

[Form G-12]

Securities Sale Report Pursuant to § 390.12

FDIC No.

Issuer's Name:

Address:

If in organization, state the date of FDIC certification of insurance of accounts: ____

State the title, number, aggregate and per-unit offering price of the securities sold: ________

State the aggregate and per-unit dollar amounts of actual itemized offering expenses, discounts, commissions, and other fees: ________

State the aggregate and per-unit dollar amounts of the net proceeds raised: ________

Describe the use of proceeds. If unknown, provide reasonable estimates of the dollar amount allocated to each purpose for which the proceeds will be used: ________

State the number of purchasers of each class of securities sold and the number of owners of record of each class of the issuer's equity securities at the close or termination of the offering: ________

For a non-public offering, also state the factual and legal grounds for the exemption claimed (attach additional pages if necessary): ________

For a non-public offering, all offering materials used should be listed: ________

Person to Contact:

Telephone No.:

This issuer has duly caused this securities sale report to be signed on its behalf by the undersigned person.

Date of securities sale report

Issuer:

Signature:

Name:

Title:

Instruction: Print the name and title of the signing representative under his or her signature. Ten copies of the securities sale report should be filed, including one copy manually signed, as required under 12 CFR 390.414.

Attention

Intentional misstatements or omissions of fact constitute violations of Federal law (See 18 U.S.C. 1001 and § 390.355(b)).
Case:17-03283-LTS Doc#:23060 Filed:12/13/22 Entered:12/13/22 17:59:58 Desc: Main

Document Page 1 of 1
#### HOPKINS *v.*SICKLES.

Rescisión of a contract — settlement takes away the right of action on it — court may comment on facts, not find them for a jury.

On a contract for articles to be delivered in future, and when part only are delivered a settlement takes place, that rescinds the contract as to future delivery, and destroys the right to recover for any violation of the original agreement.

A court may comment on facts to a jury, and assist them in searching for the truth, but it has no authority to instruct the jury what facts are proven by oral testimony.

Error to the Common Pleas. Sickles declared below, on a contract to make fifty good barrels to hold whisky, for a reasonable reward, twenty-seven of which were delivered, but were so bad and leaky, that the plaintiff lost five hundred gallons of whisky. Pleas, as to the promise for fifty barrels, non assumpsit; as to the twenty-seven barrels, that the loss of whisky was occasioned by the carelessness of the plaintiff. At the trial, the plaintiff proved a contract to deliver six barrels a week, or eight if possible, to the amount of fifty in all, the delivery of twenty-seven, and that they *leaked*and were of bad quality. The defendant proved that the plaintiff told the defendant, the barrels leaked, were of bad quality, and had not been delivered as fast as he talked of, and that he would pay for what he had in whisky and store goods, but would not take any more, or have any fuss about it.

The defendant’s counsel then asked the court to instruct the jury—

1. That the proof did not support the contract set out in the declaration.

*3772. That the defendant’s evidence showed the contract'rescinded, and that, therefore, they could not recover.

The Court *refused*these instructions, but charged the jury— 1. That there was no substantial variance between the contract declared upon, and the one proven. 2. That it did not appear the contract had been so rescinded as to prevent a recovery for the damage resulting from the barrels received.

There was a verdict and judgment for the plaintiff below, and the defendant now seeks to reverse the judgment for error of the court in refusing and in giving the instructions above.

*Webb*and *Bates,*for the plaintiff in error.

Wright, J.

If the contract was rescinded by the parties as to future delivery, and a settlement was made for the barrels delivered, that destroyed the right of the plaintiff to recover, and the court, if required, should have instructed the jury so. But the court were asked to instruct the jury what facts were proven, instead of being required to give them the law arising upon the facts as they should find them; in doing this the court erred. Facts are for the jury, not the court; the law is with the court. The judge may comment on the facts, and assist the jury in their search for truth, but he has no right to instruct the jury how to find any fact depending on parol evidence. For this error, the proceedings since the making up thé issue, are reversed, and the cause is remanded. It is unnecessary to express any opinion upon the other points argued.