alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.5

        SECOND AMENDMENT TO EMPLOYMENT AGREEMENT




     THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (the "Second
Amendment") dated as of March 27, 1997 is made and entered into by
and between Thomas J. Flood (the "Executive") and Capital Bank, a
Florida corporation (the "Company").

     WHEREAS, the Executive and the Company desire to amend the
Employment Agreement, as amended, dated as of January 1, 1996 by
and between the Executive and the Company to modify certain terms
thereof (the "Agreement"); and

     WHEREAS, the Board of Directors has determined that it is in
the best interest of the Company to amend the Agreement as set
forth below and has authorized and directed management of the
Company to execute and deliver this Second Amendment;

     NOW, THEREFORE, the parties hereto agree as follows:

     1.  Section 5.6(a) of the Agreement is hereby amended by
deleting the first sentence and substituting in lieu thereof as
follows:

        "(a)  In the event that a Change in Control (as defined in
paragraph (b) of this Section 5.6) in the Company shall occur
during the Initial Term, and within one year after the date of the
Change in Control, (i) the Executive's Base Salary in effect
immediately prior to the Change  in Control is reduced or (ii) the
Executive is (x) assigned any position, duties or responsibilities
that are significantly diminished or changed when compared with the
position, duties or responsibilities of the Executive prior to such
Change in Control, (y) forced to relocate to another location more
than 25 miles from his location prior to the Change in Control, or
(z) no longer provided coverage under benefit programs in existence
prior to the Change in Control (unless a comparable substitute is
offered); then the Executive, by written notice to the Company at
any time within the thirty (30) day period following the occurrence
of an event described in clauses (i) and (ii) of this Section
5.6(a), shall have the right to terminate his employment
hereunder."  

     2.  All provisions of the Agreement, except as expressly
amended by this Second Amendment, shall remain in full force and
effect.

                                 1

<PAGE>


     IN WITNESS WHEREOF, the Executive and the Company have
executed this Second Amendment effective as of the date first above
written.


                            CAPITAL BANK


                            By:   /s/ Daniel M. Holtz
                            --------------------------------------
                            Daniel M. Holtz, Chairman of the Board,
                            Chief Executive Officer and President 

                            EXECUTIVE


                                  /s/ Thomas J. Flood
                            --------------------------------------
                            Thomas J. Flood










                                     2
**Exhibit
      23.1**










**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**













We
      consent to the incorporation by reference in Registration Statement Nos.
      333-22859, 333-10783, 333-10587 and 333-35769 of Dynex Capital, Inc. on Form
      S-3
      and Registration Statement No. 333-32663 of Dynex Capital, Inc. on Form S-8
      of
      our report dated February 12, 2007, appearing in this Annual Report on Form
      10-K
      of Dynex Capital, Inc., for the year ended December 31, 2006.








**BDO
      SEIDMAN LLP**





Richmond,
      Virginia


April
      2,
      2007
EXHIBIT 11

                    INDEPENDENCE HOLDING COMPANY
                  Computation of Per Share Earnings
              (In Thousands, Except Per Share Amounts)

                             THREE MONTHS ENDED    NINE MONTHS ENDED
                               SEPTEMBER 30,          SEPTEMBER 30,
                                1999       1998       1999      1998
                             ------------------    -----------------
INCOME:
  Net income................$  2,520   $  2,688   $  7,675  $  8,126
                             =======    =======    =======   =======
SHARES:
  Weighted average common
   shares outstanding.......   7,198      7,418      7,289     7,428
                             =======    =======    =======   =======
BASIC INCOME PER SHARE:
 Net income per share.......$    .35   $    .36   $   1.05  $   1.09
                             =======    =======    =======   =======
DILUTED EARNINGS PER SHARE (A)
 USE OF PROCEEDS:
  Assumed exercise of
   options..................$  2,427   $  2,533   $  3,341  $  2,533
  Tax benefit from assumed
   exercise of options......     614        809        697       910
  Repurchase of treasury
   stock at the average
   market price per share of
   $11.52, $12.95, $12.14
   and $13.74, respectively.. (3,041)    (3,342)    (4,038)   (3,443)
                             -------    -------    -------   -------
  Assumed balance to be
   reinvested...............$      -  $       -   $      -  $      -
                             =======    =======    =======   =======
SHARES:
 Weighted average shares
  outstanding...............   7,198      7,418      7,289     7,428
 Shares assumed issued
  for options...............     368        379        444       379
 Treasury stock assumed
  purchased.................    (264)      (258)      (333)     (250)
                             -------    -------    -------    ------
 Adjusted average shares
 outstanding................   7,302      7,539      7,400     7,557
                             =======    =======    =======    ======
DILUTED INCOME PER SHARE:
 Net income per share.......$    .35  $     .36   $   1.04  $   1.08
                             =======    =======    =======   =======
(A)  Warrants were not assumed to be exercised as the effect would
     have been anti-dilutive.
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
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New York
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Philadelphia
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Cleveland
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Richmond
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Atlanta
Chicago
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St. Louis
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Minneapolis
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Kansas City
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Dallas
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San Francisco

# District: 2
Federal Reserve Bank of: New York

## Filings received during the week ending May 31, 2008

|Filer                                             | Filing Type    | Filing Proposal                                                                                                                                                 | End of Comment Period                                 
|------------------------------------------------- | -------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------
|NATIONAL AGRICULTURAL COOPERATIVE FEDERATION, THE | FBSEA          | National Agricultural Cooperative Federation, Seoul, Korea, to establish a branch in New York, New York.                                                        | Newspaper:Not availableFederal Register:Not applicable
|Newspaper:                                        | Not available 
|Federal Register:                                 | Not applicable
|NATIONAL AUSTRALIA BANK LIMITED                   | FBSEA          | The National Australia Bank Limited, Melbourne, Australia, to establish a branch in Chicago, Illinois, under Section 211.24(a)(2) of Regulation K.              | Newspaper:Not availableFederal Register:Not applicable
|Newspaper:                                        | Not available 
|Federal Register:                                 | Not applicable
|STANDARD CHARTERED BANK                           | FBSEA          | Standard Chartered Bank, London, England, to establish a representative office in Newark, New Jersey pursuant to Section 211.24(a)(2)(i)(B)(1) of Regulation K. | Newspaper:Not availableFederal Register:Not applicable
|Newspaper:                                        | Not available 
|Federal Register:                                 | Not applicable

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
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New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

---

Home Banking information and regulation  Accessibility Contact 
  us
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
    This schedule contains summary financial information extracted from the
Form 10-K for the year ended December 31, 1999 and is qualified in its entirety
by reference to such financial statements.
</LEGEND>
<CIK>                         0000829549
<NAME>                        ADVANCED TISSUE SCIENCES, INC.
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                             DEC-31-1999
<PERIOD-START>                                JAN-01-1999
<PERIOD-END>                                  DEC-31-1999
<CASH>                                             16,091
<SECURITIES>                                        9,988
<RECEIVABLES>                                       2,185
<ALLOWANCES>                                            0
<INVENTORY>                                         4,295
<CURRENT-ASSETS>                                   34,223
<PP&E>                                             32,566
<DEPRECIATION>                                    (15,939)
<TOTAL-ASSETS>                                     59,386
<CURRENT-LIABILITIES>                              23,572
<BONDS>                                             8,987
<PREFERRED-MANDATORY>                               5,040
<PREFERRED>                                             0
<COMMON>                                              566
<OTHER-SE>                                         20,857
<TOTAL-LIABILITY-AND-EQUITY>                       59,386
<SALES>                                            13,717
<TOTAL-REVENUES>                                   42,803
<CGS>                                              13,717
<TOTAL-COSTS>                                      41,112
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                  (21,558)
<INTEREST-EXPENSE>                                 (1,801)
<INCOME-PRETAX>                                   (21,306)
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                               (21,306)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                      (21,306)
<EPS-BASIC>                                          (.45)
<EPS-DILUTED>                                        (.45)




</TABLE>
§ 44.01-15 Special service certificate. ( a ) The use of the special service load line certificate issued under this part is limited to voyages only as described in the certificate. If the vessel engages on any voyage not contemplated by the certificate where a load line is required, the load line prescribed by part 42 of this subchapter shall govern.
( b ) Vessels engaged on special services in the coastwise trade and the interisland trade will be certificated on the form shown in § 44.05-35.
[CGFR 65-50, 30 FR 16755, Dec. 30, 1965, as amended by CGFR 68-60, 33 FR 10076, July 12, 1968]
United States Court of Appeals

For the Eighth Circuit 

___________________________

No. 20-2467

___________________________

 

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Erik M. Barber

lllllllllllllllllllllDefendant - Appellant

____________

Appeal from United States District Court 

for the Southern District of Iowa - Western

____________

Submitted: February 3, 2021

Filed: February 8, 2021

[Unpublished]

____________

 

Before GRASZ, WOLLMAN, and STRAS, Circuit Judges.

____________

 

PER CURIAM.

Erik Barber received a 219-month sentence after he pleaded guilty to 

conspiring to distribute a controlled substance. See 21 U.S.C. §§ 841(a)(1), 

841(b)(1)(A), 846. In an Anders brief, Barber’s counsel suggests that the sentence 

is substantively unreasonable and requests permission to withdraw. See Anders v. 

California, 386 U.S. 738 (1967). We affirm.
-2- 

We conclude that Barber’s sentence is substantively reasonable. See United 

States v. Feemster, 572 F.3d 455, 461–62 (8th Cir. 2009) (en banc) (applying an 

abuse-of-discretion standard); see also United States v. Callaway, 762 F.3d 754, 760 

(8th Cir. 2014) (stating that a within-Guidelines-range sentence is presumptively 

reasonable). The record establishes that the district court1 sufficiently considered 

the statutory sentencing factors, 18 U.S.C. § 3553(a), and did not rely on an improper 

factor or commit a clear error of judgment. See United States v. Larison, 432 F.3d 

921, 923–24 (8th Cir. 2006). Moreover, the court had no obligation to vary 

downward “on policy grounds,” even if it had the authority to do so. United States 

v. Black, 670 F.3d 877, 882 (8th Cir. 2012). 

Finally, we have independently reviewed the record and conclude that no 

other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988). 

We accordingly affirm the judgment of the district court and grant counsel 

permission to withdraw.

______________________________

1

The Honorable James E. Gritzner, United States District Judge for the 

Southern District of Iowa.
#### Davidson, Appellant, *v.*BP America, Inc. et al., Appellees.

[Cite as *Davidson v. BP Am., Inc.*(1999), 84 Ohio St.3d 1255.]

(No. 97-2653

Submitted January 26, 1999

Decided March 3, 1999.)

*Lanciome & Simon, P.L.L., Ellen S. Simon*and *Christopher P. Thorman,*for appellant.

*Squire, Sanders & Dempsey, L.L.P., Thomas S. Kilbane, Richard Gurbst*and *Steven A. Friedman,*for appellees BP America, Inc. and Raymond N. Fritz.

*Ulmer & Berne L.L.P., Stephen A. Markus*and *Lawrence D. Pollack,*for appellees Coopers *&*Lybrand L.L.P., and John Easton.

The appeal is dismissed, *sua sponte,*as having been improvidently allowed.

Moyer, C.J., Douglas, Resnick, Cook and Lundberg Stratton, JJ., concur.

F.E. Sweeney, J.,

dissents and would reverse the judgment of the court of appeals.

Pfeifer, J.,

dissents and would affirm the judgment as to BP America, Inc. and reverse the judgment as to Coopers *&*Lybrand L.L.P.
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
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  Applications and reports:Boston
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New York
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Philadelphia
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Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
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Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

# District: 5
Federal Reserve Bank of: Richmond

## Filings received during the week ending February 17, 2007

|Filer             | Filing Type    | Filing Proposal                                                                                                                                              | End of Comment Period                              
|----------------- | -------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------ | ---------------------------------------------------
|BANK OF ESSEX     | * Branch       | Bank of Essex, Tappahannock, Virginia, proposes to establish a branch on Northumberland Highway approximately .1 miles east of Route 644, Burgess, Virginia. | Newspaper:03/02/2007Federal Register:Not applicable
|Newspaper:        | 03/02/2007    
|Federal Register: | Not applicable
|BANK OF ESSEX     | * Branch       | Bank of Essex, Tappahannock, Virginia, proposes to establish a branch on Northumberland Highway approximately .3 miles east of Route 729, Callao, Virginia.  | Newspaper:03/02/2007Federal Register:Not applicable
|Newspaper:        | 03/02/2007    
|Federal Register: | Not applicable
|OLD LINE BANK     | * Branch       | Old Line Bank, Bowie, Maryland, proposes to establish a branch at 6301 Ivy Lane, Greenbelt, Maryland.                                                        | Newspaper:03/01/2007Federal Register:Not applicable
|Newspaper:        | 03/01/2007    
|Federal Register: | Not applicable

## Availability of CRA Public Evaluations

|Institution / Location                  | RSSDID | Exam Date  | CRAPublic Date | CRARating | Exam Method
|--------------------------------------- | ------ | ---------- | -------------- | --------- | -----------
|CITIZENS B&TC, BLACKSTONE, VIRGINIA     | 991621 | 10/02/2006 | 01/07/2007     | S         | Large Bank 
|PUTNAM CTY BK, HURRICANE, WEST VIRGINIA | 417626 | 10/02/2006 | 01/03/2007     | S         | Int Sm Bank
|TRUPOINT BK, GRUNDY, VIRGINIA           | 274829 | 08/28/2006 | 01/18/2007     | S         | Int Sm Bank

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
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New York
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Philadelphia
 |
Cleveland
 |
Richmond
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Atlanta
Chicago
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St. Louis
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Minneapolis
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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.                  

###### Commodity Futures Trading Commission

# Time and Date:

11 a.m., Friday, July 20, 2007.

# Place:

1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room.

# Status:

Closed.

# Matters to be Considered:

Enforcement Matters.

# Contact Person for More Information:

Eileen A. Donovan, 202-418-5100.

Eileen A. Donovan,

Acting Secretary of the Commission.

[FR Doc. 07-3090 Filed 6-20-07; 10:33 am]

BILLING CODE 6351-01-M
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Exhibit 10.67  


 
 

AMENDMENT TO FACTORING AND SECURITY AGREEMENT    
    


As
of the below signing the following terms and conditions of the Factoring and Security Agreement dated February 18, 2004 by and between LSQ Funding Group, L.C. and Paragon
Systems, Inc. are hereby amended to reflect the following changes: 



	1.
	Section
31.8 "Early Termination Fee" is hereby stricken in its entirety and replaced with the following: 





"Early
Termination Fee"—1% of the Maximum Amount for each month in advance of the anniversary date of this amendment that the agreement is terminated. The Early Termination Fee shall not
be charged if seller is provided a line of credit directly by a federally chartered bank. 




	2.
	Section
31.15 "Initial Fee Percentage" is hereby sticken in its entirety and replaced with the following: 






"Initial
Fee Percentage"—1.25%, The Initial Fee Percentage shall be further reduced to 1.00% upon the occurrence of the one or both of the following: a.) Seller's monthly factored
volume is greater that $3,000,000 for 3 consecutive months or b.) Seller's parent company, Tri-S Security Incorp., successfully raises additional capital of no less than $6,000,000. 




	3.
	Section
31.29 "Reserve Percentage" is hereby stricken in its entirety and replaced with the following: 






"Reserve
Percentage"—Ten (10.00%) percent, which parent may be revised at any time by Purchaser to protect Purchaser with regard to (i) any indebtedness owing by Seller hereunder,
or (ii) possible returns, claims or defenses of any Account Debtor. 




	4.
	Section
31.36 "Overadvance Service Charge" is hereby added with the following language:

"Overadvance Service Charge"—.75%. 







	

Agreed and accepted by:	
 	

 
	

Paragon Systems, Inc.	
 	

 
	

Ron Farrell
 Ron Farrell, President	
 	

 
	

2/27/04
 Date	
 	

 
	

LSQ Funding Group, L.C.	
 	

 
	

 A. Maxwell Elisen, President	
 	

 
	

 Date

	
 	

 













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AMENDMENT TO FACTORING AND SECURITY AGREEMENT
#### Job T. Viall and others, *Respondents, v.*Elizabeth Dater, *Appellant*.

Judgment reversed, new trial granted and referee discharged, costs to abide event. Opinion by

Boardman, J.