alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10-1.htm


 


 



Exhibit 10.1


CELGENE CORPORATION


 


WAIVER


 


This WAIVER, dated as of September 26, 2013, is made by Celgene Corporation (the “Corporation”).


 


Reference is made to those Warrants to Purchase Common Stock of Tengion, Inc., dated as of June 28, 2013, that are held by the Corporation (the “Warrants”).  Reference is also made to those Warrants to Purchase Common Stock of Tengion, Inc., dated as of June 28, 2013, that were issued in connection with $18,576,000.00 million of senior secured convertible notes purchased by investors on June 28, 2013 (the “Investor Warrants”).  Capitalized terms used by not otherwise defined herein shall have the meanings ascribed to them in the Warrants.


 


The Corporation hereby waives any adjustment to the Exercise Price of the Warrants under Section 5(h)(i) of the Warrants that would be effected at any time pursuant to such Section 5(h)(i) if any such adjustment would result in such Exercise Price being reduced to any amount that is  equal to or greater than the exercise price of the Investor Warrants in effect prior to the time such adjustment would be effected.


 


If any such adjustment under such Section 5(h)(i) would result in the Exercise Price of the Warrants being reduced to less than the exercise price of the Investor Warrants in effect immediately prior to any adjustment of the Investor Warrants that is to be made as a result of the similar provision in the Investor Warrants, then, pursuant to and in accordance with the provisions such Section 5(h)(i), following such adjustment to the Exercise Price of the Warrants and the adjustment to the exercise price of the Investor Warrants as a result of such similar provision, the Exercise Price of the Warrants shall be the same as the exercise price of the Investor Warrants.  By way of illustration, if the Applicable Post Registration Price is $0.62 and, immediately prior to the expiration of the Post Registration Period, the Exercise Price of the Warrants is $1.01 and the exercise price of the Investor Warrants is $0.69, then both the Exercise Price of the Warrants and the exercise price of the Investor Warrants will be reduced to $0.62.


 


For the avoidance of doubt, other than as specifically set forth herein, the Corporation’s rights and obligations under the Warrants shall remain unaffected by this Waiver, and shall continue in full force and effect.


 







 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 




  





  











  











 


IN WITNESS WHEREOF, this Waiver is made as of the date first set forth above.








	  	
CELGENE CORPORATION


	  	  	  
	  	  	  
	  	  	  
	  	
By:

	
/s/ Perry Karsen


	  	  	
Name:  Perry Karsen


	  	  	
Title:    CEO, Celgene Cellular Therapeutics
I

104TH CONGRESS

1ST SESSION H. R. 1653

To prohibit the designation as a beneficiary developing country under the

Generalized System of Preference any country that engages in certain

actions regarding nuclear weapons, nuclear weapon components and nuclear weapon design information.

IN THE HOUSE OF REPRESENTATIVES

MAY 16, 1995

Mr. STARK introduced the following bill; which was referred to the Committee

on Ways and Means

A BILL

To prohibit the designation as a beneficiary developing country under the Generalized System of Preference any

country that engages in certain actions regarding nuclear

weapons, nuclear weapon components and nuclear weapon design information.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. BENEFICIARY COUNTRY DESIGNATION.

4 Section 502(b) of the Trade Act of 1974 (19 U.S.C.

5 2462(b)) is amended—

6 (1) by striking out ‘‘and’’ at the end of para7 graph (6);
2

H 1653 IH

1 (2) by striking out the period at the end of

2 paragraph (7) and inserting ‘‘, and’’; and

3 (3) by inserting after paragraph (7) the follow4 ing:

5 ‘‘(8) if—

6 ‘‘(A) such country, after the date of the

7 enactment of this paragraph, transfers to a

8 non-nuclear-weapon state—

9 ‘‘(i) a nuclear explosive device, or

10 ‘‘(ii) any—

11 ‘‘(I) nuclear weapons device com12 ponent, or

13 ‘‘(II) information that relates to

14 the design of a nuclear explosive de15 vice;

16 that the President determines to be important

17 to, and known by such country to be intended

18 by the recipient state for use in, the develop19 ment of any nuclear explosive device; or

20 ‘‘(B) such country (if a non-nuclear-weap21 on state), after the date of the enactment of

22 this paragraph—

23 ‘‘(i) receives a nuclear explosive de24 vice,
3

H 1653 IH

1 ‘‘(ii) explodes a nuclear explosive de2 vice, or

3 ‘‘(iii) seeks and receives any—

4 ‘‘(I) nuclear weapons device com5 ponent, or

6 ‘‘(II) information that relates to

7 the design of a nuclear explosive de8 vice,

9 that the President determines to be important

10 to, and intended by such country for use in, the

11 development of a nuclear explosive device.’’.

Æ
1 The Honorable John A. Jarvey, United Stat es District Judge for the Southern District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 09-2596

___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Southern District of Iowa. * Ricardo Townsend, also known as * [UNPUBLISHED] Freaky, * * Appellant. *

___________ Submitted: March 22, 2010 Filed: March 29, 2010

___________ Before BYE, RILEY, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. Ricardo Townsend appeals his drug convic tion entered by the district court 1 following a jury trial. His counsel has m oved to withdraw, and has filed a brief under Anders v. California , 386 U.S. 738 (1967), arguing that the conviction was not supported by the evidence because it consisted primarily of the testimony of cooperating witnesses w ho had a motive to lie.-2- After careful review, we conclude that the evidence was sufficient to support the jury’s verdict finding Townsend guilty of conspiring to distribute 50 grams or more of cocaine base. SeeUnited States v. Burdine , 515 F.3d 842, 844 (8th Cir. 2008) (this court reviews sufficiency of evidence in light most favorable to government, resolving evidentiary conflicts in government’s favor and accepting all reasonable inferences that support jury’s verdict). Nine cooperating witnesses testified about buying cocaine base from Townsend to redistribute to others. Significantly, the witnesses testified about their prior criminal histories and their cooperation agreements, and it wa s up to the jury to determine the credibility of these witnesses. Further, police officers te stified about seizi ng cocaine base from Townsend’s mobile home and inves tigating his drug operations. SeeUnited States v. Hernandez , 569 F.3d 893, 896 (8th Cir. 2009) (to es tablish conspiracy to distribute drugs, government must prove there was an agreement to distribute drugs, and defendant knew of conspiracy and intenti onally joined it); United States v. McKay , 431 F.3d 1085, 1094 (8th Cir. 2005) (evidence was sufficient to support defendants’ participation in drug conspiracy where 6 cooperating witnesses testified about buying drugs from defendants; impeachment ev idence was for jury to consider).
After reviewing the record i ndependently under Penson v. Ohio , 488 U.S. 75 (1988), we have found no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, and we affirm the district court’s judgment.

______________________________
Editorial Note on Part 91
Editorial Note: Nomenclature changes to part 91 appear by USCG-2012-0832, 77 FR 59779, Oct. 1, 2012.

§ 91.60-5 Cargo Ship Safety Construction Certificate. ( a ) All vessels on an international voyage are required to have a Cargo Ship Safety Construction Certificate. This certificate shall be issued by the U.S. Coast Guard or the American Bureau of Shipping to certain vessels on behalf of the United States of America as provided in Regulation 12, chapter I, of the International Convention for Safety of Life at Sea, 1974.
( b ) All such vessels shall meet the applicable requirements of this chapter for vessels on an international voyage.
[CGFR 65-50, 30 FR 16974, Dec. 30, 1965, as amended by CGD 90-008, 55 FR 30661, July 26, 1990]
§ 71.15-5 Alternate compliance. ( a ) In place of compliance with other applicable provisions of this subchapter, the owner or operator of a vessel subject to plan review and inspection under this subchapter for initial issuance or renewal of a Certificate of Inspection may comply with the Alternate Compliance Program provisions of part 8 of this chapter.
( b ) For the purposes of this section, a list of authorized classification societies, including information for ordering copies of approved classification society rules and supplements, is available at Coast Guard Headquarters. Contact Commandant (CG-ENG), Attn: Office of Design and Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509; telephone 202-372-1372 or fax 202-372-1925. Approved classification society rules and supplements are incorporated by reference into 46 CFR 8.110(b).
[CGD 95-010, 62 FR 67536, Dec. 24, 1997, as amended by USCG-1999-5004, 64 FR 30439, June 8, 1999; USCG-2004-18884, 69 FR 58347, Sept. 30, 2004; USCG-2006-25697, 71 FR 55746, Sept. 25, 2006; USCG-2009-0702, 74 FR 49231, Sept. 25, 2009;USCG-2012-0832, 77 FR 59779, Oct. 1, 2012; USCG-2013-0671, 78 FR 60150, Sept. 30, 2013]
```

[Journal of the House of Representatives, 1995]
[Thursday, June 22, 1995 (85), Para 85.35 Adjournment]
[Page 1039]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.85.35  adjournment

  On motion of Ms. JACKSON-LEE, at 7 o'clock and 41 minutes p.m., the 
House adjourned.
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AS OF DECEMBER 31, 1998, AS RESTATED, AND RELATED STATEMENT OF INCOME FOR
THE YEAR ENDED DECEMBER 31, 1998, AS RESTATED, AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          83,169
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            41,810,232<F1>
<PP&E>                                       4,211,344
<DEPRECIATION>                               1,222,630
<TOTAL-ASSETS>                              45,052,575
<CURRENT-LIABILITIES>                        6,964,651
<BONDS>                                              0
<PREFERRED-MANDATORY>                              100
<PREFERRED>                                          0
<COMMON>                                       129,947
<OTHER-SE>                                  16,964,453
<TOTAL-LIABILITY-AND-EQUITY>                45,052,575
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                3,452,914
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           2,366,935
<INCOME-PRETAX>                            (5,819,849)
<INCOME-TAX>                               (1,978,749)
<INCOME-CONTINUING>                        (3,841,100)
<DISCONTINUED>                               9,664,956
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 5,823,856
<EPS-BASIC>                                        .51
<EPS-DILUTED>                                      .51
<FN>
<F1>INCLUDES NET ASSETS OF DISCONTINUED OPERATIONS OF $41,127,839.
</FN>


</TABLE>
[Federal Register Volume 72, Number 122 (Tuesday, June 26, 2007)]
[Notices]
[Page 35063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3135]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[Docket No. WY-920-1050-ET; WYW 87233]


Public Land Order No. 7678; Extension of Public Land Order No. 
6650; Wyoming

AGENCY: Bureau of Land Management, Interior.

ACTION: Public Land Order.

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

SUMMARY: This order extends Public Land Order No. 6650 for an 
additional 20-year period. This extension is necessary to continue the 
protection of the Sugarloaf Petroglyphs and Pine Spring Archeological 
Sites in Sweetwater County.

EFFECTIVE DATE: June 23, 2007.

FOR FURTHER INFORMATION CONTACT: Janet Booth, BLM Wyoming State Office, 
5353 N. Yellowstone Road, P.O. Box 1828, Cheyenne, Wyoming 82003, 307-
775-6124.

Order

    By virtue of the authority vested in the Secretary of the Interior 
by Section 204 of the Federal Land Policy and Management Act of 1976, 
43 U.S.C. 1714 (2000), it is ordered as follows:
    1. Public Land No. 6650 (52 FR 23549, June 23, 1987), which 
withdrew 20 acres of public lands from surface entry and mining to 
protect the Sugarloaf Petroglyphs and Pine Spring Archeological Sites, 
is hereby extended for an additional 20-year period.
    2. Public Land Order No. 6650 will expire on June 22, 2007, unless, 
as a result of a review conducted prior to the expiration date pursuant 
to Section 204(f) of the Federal Land Policy and Management Act of 
1976, 43 U.S.C. 1714(f)(2000), the Secretary determines that the 
withdrawal shall be extended.

    Dated: June 7, 2007.
C. Stephen Allred,
Assistant Secretary of the Interior.
[FR Doc. 07-3135 Filed 6-21-07; 4:37 pm]
BILLING CODE 4310-22-P
§ 34.10-1 Application—TB/ALL. ( a ) On all tankships the provisions of this subpart, with the exception of § 34.10-90, shall apply to all fire main installations contracted for on or after May 26, 1965. Installations contracted for prior to May 26, 1965, shall meet the requirements of § 34.10-90.
( b ) If a fire main system is installed on a tank barge, the system shall meet the intent of this subpart insofar as reasonable and practicable.
98-2526.

#### State ex rel. Morehouse v. Ohio Adult Parole Auth.

In Prohibition. *Sua sponte,*cause dismissed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
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 Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA. 

# ACTION:

Cancellation of Notice of Intent. 

# SUMMARY:

                        This notice cancels the Notice of Intent to prepare a Supplement to the Environmental Impact Statement for the Creeks Forest Health Recovery Project on the Lassen National Forest, published in the                         **Federal Register**                         on December 7, 2006, (Volume 71, Number 235, page 70946).                    

# ADDRESSES:

Almanor District Ranger, Lassen National Forest, P.O. Box 767, Chester, CA 96020.

# FOR FURTHER INFORMATION CONTACT:

Rick Atwell, Interdisciplinary Team Leader, may be contacted by phone at (530) 258-2141.

# SUPPLEMENTARY INFORMATION:

A Notice of Intent to prepare a Supplement to the Environmental Impact Statement for the Creeks Forest Health Recovery Project is cancelled due to additional information related to the California spotted owl analysis, conducted in concert with Pacific Southwest Research Station, for the Creeks project area.

Dated: June 8, 2007.

Elizabeth Norton,

Acting Forest Supervisor.

[FR Doc. 07-2935  Filed 6-13-07; 8:45 am]

BILLING CODE 3410-11-M
<TABLE> <S> <C>

<ARTICLE>                                                      5
<LEGEND>
(Replace this text with legend, if applicable)
</LEGEND>
<CIK>                                                 0000826682
<NAME>                Meridian Healthcare Growth and Income Fund
<MULTIPLIER>                                                   1
<CURRENCY>                                          U.S. DOLLARS
       
<S>                                                <C>
<PERIOD-TYPE>                                             12-MOS
<FISCAL-YEAR-END>                                    DEC-31-1997
<PERIOD-START>                                        JAN-1-1997
<PERIOD-END>                                         DEC-31-1997
<EXCHANGE-RATE>                                                1
<CASH>                                                 2,275,000
<SECURITIES>                                                   0
<RECEIVABLES>                                          6,437,000
<ALLOWANCES>                                                   0
<INVENTORY>                                                    0
<CURRENT-ASSETS>                                       9,620,000
<PP&E>                                                         0
<DEPRECIATION>                                                 0
<TOTAL-ASSETS>                                        49,707,000
<CURRENT-LIABILITIES>                                  8,181,000
<BONDS>                                               23,328,000
<PREFERRED-MANDATORY>                                          0
<PREFERRED>                                                    0
<COMMON>                                                       0
<OTHER-SE>                                                     0
<TOTAL-LIABILITY-AND-EQUITY>                          49,707,000
<SALES>                                                        0
<TOTAL-REVENUES>                                      49,568,000
<CGS>                                                          0
<TOTAL-COSTS>                                                  0
<OTHER-EXPENSES>                                      45,270,000
<LOSS-PROVISION>                                               0
<INTEREST-EXPENSE>                                     2,030,000
<INCOME-PRETAX>                                        2,268,000
<INCOME-TAX>                                                   0
<INCOME-CONTINUING>                                    2,268,000
<DISCONTINUED>                                                 0
<EXTRAORDINARY>                                                0
<CHANGES>                                                      0
<NET-INCOME>                                           2,268,000
<EPS-PRIMARY>                                              0.000
<EPS-DILUTED>                                              0.000
        


</TABLE>
Exhibit 10.7
 AMENDMENT NO. 3
TO
LOAN AGREEMENT [SPARE PARTS]
 Amendment Collateral Agen Original Lender Lenders
  Original Loan Agreement
    Amendment




---



##### 



Miscellaneous
 Effectiveness
 Limitation on Amendment
 Counterparts
 Governing Law.
    2




---



##### 



US AIRWAYS, INC.By:
    /s/ Stephen L. JohnsonName:
    Stephen L. JohnsonTitle:
    Executive Vice President Corporate and
General CounselGENERAL ELECTRIC CAPITAL CORPORATION
as the Administrative Agent, Collateral Agent and
Original LenderBy:
    /s/ Ricardo B. SilvaName:
    Ricardo B. SilvaTitle:
**
    Vice President
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1686 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 1686

 To amend the Revenue Act of 1987 to provide a permanent extension of 
     the transition rule for certain publicly traded partnerships.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 1995

  Mr. Houghton (for himself, Mr. Kleczka, Mr. Jacobs, Mr. Crane, Mrs. 
 Kennelly, Mr. Shaw, Mr. Herger, Mr. Bunning of Kentucky, Mr. McCrery, 
and Mr. Neal of Massachusetts) introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend the Revenue Act of 1987 to provide a permanent extension of 
     the transition rule for certain publicly traded partnerships.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PERMANENT EXTENSION OF TRANSITION RULE FOR CERTAIN PUBLICLY 
              TRADED PARTNERSHIPS.

    (a) In General.--Paragraph (1) of section 10211(c) of the Revenue 
Act of 1987 (Public Law 100-203) is amended to read as follows:
            ``(1) In general.--The amendments made by this section 
        shall apply to taxable years beginning after December 31, 1987, 
        except that such amendments shall not apply to any existing 
        partnership.''
    (b) Effective Date.--The amendment made by this section shall take 
effect as if included in the provisions of section 10211 of the Revenue 
Act of 1987.
                                 <all>
```
TS-EMLA40

Attachment #7

Pt. 2, Sec. B, 1a

Processing Information on the New Chemical Substance at Industrial Sites

Controlled by OthersTS-EMLA40Attachment #7 – Diagram A

Manufacturing and Processing Information on the New Chemical Substances at

Industrial Sites Controlled by Others – Processing of Adhesion Promoters (LAS) TS-EMLA40Attachment #7 – Diagram B

Manufacturing and Processing Information on the New Chemical

Substances at Industrial Sites Controlled by Others – Processing of Emulsifiers TS-EMLA40
#### § 1016.305 Comments by other parties.

Any party to a proceeding other than the applicant and agency counsel may file comments on an application within 30 days after it is served or on an answer within 15 days after it is served. A commenting party may not broaden the issues.

[46 FR 61660, Dec. 18, 1981, as amended at 54 FR 26380, June 23, 1989]