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



Exhibit 10.11.5









AMENDMENT NO.2 TO LIMITED LIABILITY COMPANY AGREEMENT
THIS AMENDMENT NO. 2 TO LIMITED LIABILITY COMPANY AGREEMENT (this "Amendment"), is made and entered into as of December 9, 2013, by and among KANSAS CITY SOUTHERN, a Delaware corporation ("KCS"), KCS HOLDINGS I, INC., a Delaware corporation and subsidiary of KCS (“KCS HOLDINGS”), and THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY, an Alabama corporation ("AGS"), with reference to the following facts:
A.    KCS and AGS are parties to that certain Limited Liability Company of Meridian Speedway, LLC dated as of May 1, 2006 (the "Company Agreement").
B.    Pursuant to Section 8.1 of the Company Agreement, the Company Agreement may be amended by a written agreement executed by all of the parties thereto.
C.    The parties have determined that it is in the best interest of all parties that the Company Agreement be amended as set forth herein.
NOW, THEREFORE, in consideration of the foregoing facts and the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto hereby agree as follows:
1.Defined Terms. Capitalized terms used herein but not otherwise defined herein shall have the meaning assigned to such terms in the Company Agreement.
2.    Amendment.  Effective as of the date first written above, the first sentence of Section 5.4 of the Company Agreement is hereby deleted in its entirety and replaced with the following sentence:
“Meetings of the Management Committee may be called by any Committee Representative.”
3.    Entire Agreement. This Amendment contains the sole and entire agreement and understanding of the parties with respect to the entire subject matter contained herein, and any and all prior discussions, negotiations, commitments and understandings, whether oral or otherwise, related to the subject matter contained herein are hereby merged herein. Except as set forth herein, the Company Agreement and the terms set forth therein shall remain in full force and effect. 
4.    Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 
[Signature Page Follows]







IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 to Company Agreement as of the date first above written.


KCS HOLDINGS I, INC.




By:        /s/ David L. Starling            
Name:  David L. Starling
Title:       President






KANSAS CITY SOUTHERN




By:        /s/ David L. Starling            
Name:  David L. Starling
Title:    President and Chief Executive Officer






THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY




By:        /s/ Deborah H. Butler            
Name:      Deborah H. Butler        
Title:          Vice President
**AMENDMENT NO. 2 TO**

**SERIES B CONVERTIBLE PREFERRED STOCK**

**SUBSCRIPTION AGREEMENT**

This AMENDMENT NO. 2 (this "Amendment") with respect to the Series B Convertible Preferred Stock Subscription Agreement (the "Agreement"), dated August 26, 2004 and amended on December 1, 2004, between Moscow CableCom Corp. (formerly known as Andersen Group Inc.), a Delaware corporation (the "Company"), and Renova Media Enterprises Ltd. (formerly known as Columbus Nova Investments VIII Ltd.), a Bahamas company ("RME" and, together with the Company, collectively the "Parties" and each individually a "Party"), is made and entered into by the Parties as of May 5, 2006.  Capitalized terms used and not otherwise defined shall have the meanings ascribed to them in the Agreement.

WHEREAS, the Company proposes to enter into a registration rights agreement granting certain demand and incidental registration rights to the investors in a proposed private placement (the “Private Placement”) of up to 4 million units (the “Units”), each consisting of one share of the Company’s common stock, $0.01 par value (the “Common Stock”), and one-half Common Stock purchase warrant;

WHEREAS, pursuant to Section 5.08 of the Agreement the Company has agreed not to grant any demand or incidental registration rights to any Person, with certain exceptions noted therein; and

WHEREAS, the Company and RME wish to amend the Agreement in order to permit the Company to grant the registration rights contemplated in connection with the proposed Private Placement;

NOW, THEREFORE, in consideration of the mutual agreements herein contained and intending to be legally bound hereby, the Parties agree as follows:

1.                  Condition Precedent

This Amendment is subject to the condition precedent (the "Condition Precedent") that the subscription agreement relating to the Private Placement is entered into and the closing of the Private Placement occurs on or prior to May 30, 2006. The Parties acknowledge and confirm that this Amendment shall become effective immediately upon the fulfillment of the Condition Precedent.

2.

Amendment

The Parties hereby agree to amend the Agreement in order to permit the Company to grant the registration rights contemplated in connection with the proposed Private Placement.  In order to accomplish the foregoing amendment, Section 5.08 of the Agreement shall be deleted in its entirety and replaced with the following:
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





Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of the registrant certifies, to the best of his or her knowledge, that the registrant's Quarterly Report on Form 10-QSB for the quarter ended November 30, 2001 (the "Form 10-QSB") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Form 10-QSB, fairly presents, in all material respects, the financial condition and results of operations of the registrant.



Date: June 16, 2003

American International Ventures, Inc.





/s/ Jack Wagenti
Jack Wagenti

Principal Financial Officer and

Principal Executive Officer
No. 11-9171.

#### Grindling *v.*Thomas, Warden, et al.

C. A. 9th Cir. Certiorari denied.
Exhibit 11



                                    KSW, INC.
                     STATEMENT REGARDING COMPUTATION OF NET
                            EARNINGS (LOSS) PER SHARE

<TABLE>
<CAPTION>

                                             Year Ended         Year Ended         Year Ended
                                           December 31, 2005  December 31, 2004  December 31, 2003

<S>                                     <C>               <C>                 <C>
Net earnings (loss)                          $ 2,711,000       $ (1,280,000)      $   815,000
                                             ============      =============      ============
Earnings (loss) per share - basic:
   Weighted average shares outstanding
   during the year                             5,470,311          5,470,311         5,470,311
                                             ============      =============      ============

Earnings (loss) per common share - basic     $       .50       $       (.24)      $       .15
                                             ============      =============      ============
Earnings (loss) per share - diluted:
  Weighted average shares outstanding
  during the year                              5,470,311          5,470,311         5,470,311

Effect of stock option dilution                        -                  -                 -
                                             ------------      -------------      ------------

Total shares outstanding for purposes
   of calculating diluted earnings
   per share                                   5,470,311          5,470,311         5,470,311
                                             ============      =============      ============

Earnings (loss) per common shares
   and common share equivalent - diluted     $       .50       $       (.24)      $       .15
                                             ============      =============      ============
</TABLE>
[Federal Register Volume 65, Number 119 (Tuesday, June 20, 2000)]
[Notices]
[Pages 38246-38250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15436]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 00-37]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION: Notice.

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

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of P.L. 104-164 dated 21 July 
1996.

FOR FURTHER INFORMATION CONTACT: Ms. J. Hurd, DSCA/COMPT/RM, (703) 604-
6575.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 00-37 with attached transmittal and policy 
justification.


[[Page 38247]]


    Dated: June 13, 2000.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-10-M

[[Page 38248]]

[GRAPHIC] [TIFF OMITTED] TN20JN00.009


[[Page 38249]]


[GRAPHIC] [TIFF OMITTED] TN20JN00.010


[[Page 38250]]


[GRAPHIC] [TIFF OMITTED] TN20JN00.011

[FR Doc. 00-15436 Filed 6-19-00; 8:45 am]
BILLING CODE 5001-10-C
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 September 18, 2019

t0911

Order 

Clerk

September 18, 2019

Rehearing No. 625

156827-8

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellant,

v SC: 156827

COA: 331232

Jackson CC: 15-004687-FH

TERENCE MITCHELL BRUCE,

Defendant-Appellee.

_________________________________________

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellant,

v SC: 156828

COA: 331233

Jackson CC: 15-004688-FH

STANLEY LYLE NICHOLSON,

Defendant-Appellee.

_________________________________________/

On order of the Court, the motion for rehearing is considered, and it is DENIED.
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Exhibit 10.3

      

      

      35 Wilbur Street Associates, LLC

      19 Wilbur Street

      Lynbrook, NY 11563

      

      

      November 6, 2019

      

      

      Mr. Patrick Caldwell

      Advance Biofactures Corp.

      35 Wilbur Street

      Lynbrook, NY 11563

      

      

      
        	
                Re:

              	
                 Lease dated November 21, 2013 between 35 Wilbur Street Assoc., LLC and Advance Biofactures Corp., premises; 35 Wilbur Street, Lynbrook, NY 11563.

              


      

      

      

      Dear Mr. Caldwell:

      

      

      It is our understanding that you would like to renew the lease.  The current lease expires on November 30, 2019. As stated in the original lease, this lease may be terminated with a minimum of three months’ notice. We propose that the current
        terms of the lease remain in effect including all changes to date except where the following is concerned:

      

      

      
        
          	

                	1)	
                  The lease will be renewed for 6 months. $12,073.95/ month.

                


        

      

      

      

      A current copy of the certificate of liability insurance is required.

      

      

      Sincerely yours,

      

      

      Valorie Mancuso

      Controller

      

      

      	
              Patrick Caldwell, CFO

            	
              Richard Arote Jr.

            
	
              Advance Biofactures Corp.

            	
              35 Wilbur Street Assoc., LLC

            
	 	 
	
              /s/ Patrick Caldwell

            	
              /s/ Richard Arote Jr.
§ 102-38.80 Which method of sale should we use? ( a ) You may use any method of sale provided the sale is publicly advertised and the personal property is sold with full and open competition. Exceptions to the requirement for competitive bids for negotiated sales (including fixed price sales) are contained in §§ 102-38.100 through 102-38.125. You must select the method of sale that will bring maximum return at minimum cost, considering factors such as— ( 1 ) Type and quantity of property;
( 2 ) Location of property;
( 3 ) Potential market;
( 4 ) Cost to prepare and conduct the sale;
( 5 ) Available facilities; and
( 6 ) Sales experience of the selling activity.
( b ) Methods of sale may include sealed bid sales, spot bid sales, auctions, or negotiated sales and may be conducted at a physical location or through any electronic media that is publicly accessible.
EXHIBIT 31.b

I, Marc N. Teal, certify that:

1. I have reviewed this annual report on Form 10-K of BCTC IV Assignor Corp. (the "Assignor");
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:



1. 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;
2. 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
3. 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 (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and



1. 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):



1. 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
2. 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.



|March 31, 2006 | /s/ Marc N. Teal                                     
|-------------- | -----------------------------------------------------
|               | Marc N. Teal                                         
|               | (Principal Financial Officer), BCTC IV Assignor Corp.
|               |
#### § 109-42.1100.51 Policy.

When the holding organization determines it is appropriate to dispose of contaminated personal property, it shall be disposed of by DOE in accordance with appropriate Federal regulations governing radiation/chemical exposure and environmental contamination. In special cases where Federal regulations do not exist or apply, appropriate state and local regulations shall be followed.
EXHIBIT 23.1 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM We hereby consent to the incorporation by reference in the
                     Registration Statements on Form S-8 (Nos. 333-80450, 333-91863 and
                     333-126924) and Form S-3 (Nos. 333-160433, 333-128160, 333-39365 and
                     33-99736) of Tanger Factory Outlet Centers, Inc. of our report dated March 1, 2010, relating to the financial statements, financial statement schedule
                     and the effectiveness of internal control over financial reporting,
                     which appears in this Form 10-K. /s/ PricewaterhouseCoopers LLP Greensboro, North CarolinaMarch 1, 2010
[Federal Register Volume 65, Number 121 (Thursday, June 22, 2000)]
[Notices]
[Page 38818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15732]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP95-778-003]


Southern Natural Gas Company; Notice of Proposed Tariff Changes

June 16, 2000.
    Take notice that on June 8, 2000, Southern Natural Gas Company 
(Southern) tendered for filing with the Commission Second Revised Sheet 
No. 839 which cancels Rate Schedule X-73 to its FERC Gas Tariff, 
Original No. 2. Southern states that Rate Schedule X-73 contained a 
transportation and exchange agreement dated September 4, 1979, as 
amended, between Southern, Columbia Gulf Transmission Company and 
Columbia Gas Transmission Company. Southern requests that this sheet be 
effective April 9, 1996, the date of the Commission's order approving 
the abandonment of the transportation and exchange agreement.
    Southern states that this filing is being made in compliance with 
Part 154 of the Commission's Regulations under the Natural Gas Act.
    Southern states that a copy of this filing has been served on the 
official service list compiled by the Secretary in this proceeding.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in 
accordance with Sections 385.214 or 385.211 of the Commission's Rules 
and Regulations. All such motions or protests must be filed on or 
before June 26, 2000. Protests will be considered by the Commission in 
determining the appropriate action to be taken, but will not serve to 
make protestants parties to the proceedings. Any person wishing to 
become a party must file a motion to intervene. Copies of this filing 
are on file with the Commission and are available for public inspection 
in the Public Reference Room. This filing may be viewed on the web at 
http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for 
assistance).

David P. Boergers,
Secretary.
[FR Doc. 00-15732 Filed 6-21-00; 8:45 am]
BILLING CODE 6717-01-M
§ 109-43.304-1.50 DOE reutilization screening. ( a ) Personal property must be processed through DOE electronic internal screening prior to reporting excess personal property to GSA.
( b ) An additional 30-day screening period shall be allocated for items eligible for screening by educational institutions through LEDP.
( c ) Items in FSCG 66 (Instruments and Laboratory Equipment), 70 (General Purpose Information Processing Equipment (including firmware)), and 99 (Miscellaneous) are reportable.
( d ) The Department of Energy National Utilization Officer (NUO) may authorize in exceptional or unusual cases when time is critical, screening of excess property may be accomplished by with due consideration given to the additional costs involved. Examples of situations when this method of screening would be used are when there is a requirement for quick disposal actions due to unplanned contract terminations or facilities closing; to alleviate the paying of storage costs; when storage space is critical; to process exchange/sale transactions; property dangerous to public health and safety; property determined to be classified or otherwise sensitive for reasons of national security (when classified communications facilities are used); or for hazardous materials which may not be disposed of outside of the Department.
( e ) Concurrent DOE and Federal agency screening shall not be conducted.