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



  
 Exhibit 10.5

  
 AMENDMENT NUMBER 1 (this
“Amendment”) to THE CHANGE IN CONTROL AGREEMENT, dated October 17, 2004 (the “Agreement”), by and between Cornerstone Realty Income Trust, Inc. (the “Company”) and Gustav G. Remppies (the
“Executive”). 
  
 RECITALS 
  
 WHEREAS, Section 409A of the Internal Revenue Code has recently become
effective and guidance received under that Section permits plans to be amended to comply and/or terminated this year; and 
  
 WHEREAS, pursuant to Section 9.5 of the Agreement, the Agreement may be amended by the Company and the Executive, and the Company and the Executive desire
to so amend the Agreement. 
  
 NOW, THEREFORE, the Agreement is
hereby amended as follows: 
  
 1. Section 2.7 is deleted in its
entirety and is revised to read: “‘Effective Date’ means the first date during the term of the Agreement (as defined in Article III) on which a change in the ownership, effective control or ownership of a substantial portion of
the assets of the Company, as defined for purposes of Section 409A of the Internal Revenue Code, that is also a Change in Control (or that is related to a previous Change in Control), as defined in Section 2.4 hereof, occurs.” 
  
 2. Article IV is amended as follows: 
  
 (a) The title is deleted in its entirety and is revised to
read: “OBLIGATIONS OF THE COMPANY UPON A CHANGE IN CONTROL.” 
  
 (b) The preamble of Section 4.1 is deleted in its entirety and is revised to read: “Obligations on the occurrence of the Effective Date. On the occurrence of the Effective Date, the Company’s
obligations to the executive shall be as follows:” 
  
 (c) Each reference in Section 4.1 to “Termination Date” is revised to refer to “Effective Date.” 
  









 3. All references to “Employment Period” in the Agreement are revised to refer to
“Benefits Period.” 
  
 4. Sections 2.14, 4.1(h) and 4.2
are deleted in their entirety. 
  
 5. It is the Company’s and
the Executive’s intention that the Agreement, as amended by this Amendment, comply with Section 409A of the Internal Revenue Code. If either party believes, at any time, that the Agreement as amended does not comply, it will promptly advise the
other and will negotiate reasonably and in good faith to amend the terms of this Agreement such that they comply and that amendment will have the most limited possible economic effect on the Company and the Executive. 
  
 6. Capitalized terms used but not defined herein shall have their respective
meanings as used in the Agreement. 
  
 IN WITNESS WHEREOF, the
Company and the Executive have executed this Amendment as of the date indicated below. 
  

					
	CORNERSTONE REALTY INCOME TRUST, INC.	 	 
			
	 /s/ Stanley J. Olander, Jr.
	 	 	 	Date: February 8, 2005
	 By: Stanley J. Olander, Jr.
	 	 	 	 
	 Title: President
	 	 	 	 
			
	 /s/ Gustav G. Remppies
	 	 	 	Date: February 8, 2005
	 Gustav G. Remppies
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
accompanying balance sheet of MGI PHARMA, INC. as of September 30, 1997, and the
related statement of operations for the nine month period ended September 30,
1997 and is qualified in its entirety by reference to such financial
statements:
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       4,660,704
<SECURITIES>                                 9,046,467
<RECEIVABLES>                                1,585,524
<ALLOWANCES>                                    84,497
<INVENTORY>                                    732,611
<CURRENT-ASSETS>                            16,231,265
<PP&E>                                         509,784
<DEPRECIATION>                                 903,652
<TOTAL-ASSETS>                              17,139,922
<CURRENT-LIABILITIES>                        2,073,143
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    15,066,779
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                17,139,922
<SALES>                                      6,764,453
<TOTAL-REVENUES>                             9,200,090
<CGS>                                          596,872
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             3,629,292
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (1,495,425)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,495,425)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,495,425)
<EPS-PRIMARY>                                    (.11)
<EPS-DILUTED>                                    (.11)
        

</TABLE>
#### § 56.35-15 Metallic expansion joints (replaces 119.5.1).

Metallic expansion joints must conform to the standards listed in table 2 to § 56.60-1 and may be used within their specified pressure and temperature rating.

[CGD 77-140, 54 FR 40607, Oct. 2, 1989]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE DECEMBER
31, 1999 AUDITED CONSOLIDATED FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000827230
<NAME> MICROFINANCIAL INCORPORATED
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          11,062
<SECURITIES>                                         0
<RECEIVABLES>                                  267,906
<ALLOWANCES>                                    41,719
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                          15,917
<DEPRECIATION>                                   7,713
<TOTAL-ASSETS>                                 265,856
<CURRENT-LIABILITIES>                                0
<BONDS>                                        154,109
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           133
<OTHER-SE>                                      79,219
<TOTAL-LIABILITY-AND-EQUITY>                   265,856
<SALES>                                              0
<TOTAL-REVENUES>                                98,461
<CGS>                                                0
<TOTAL-COSTS>                                   24,416
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                37,836
<INTEREST-EXPENSE>                              10,375
<INCOME-PRETAX>                                 18,237
<INCOME-TAX>                                     7,509
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,728
<EPS-BASIC>                                       0.84
<EPS-DILUTED>                                     0.83


</TABLE>
§ 71.60-1 Inspection and testing required when making alterations, repairs, or other such operations involving riveting, welding, burning or like fire-producing actions. ( a ) The provisions of “Standard for the Control of Gas Hazards on Vessels to be Repaired,” NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in conducting the inspections and issuance of certificates required by this section.
( b ) Until an inspection has been made to determine that such operation can be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions shall be made: ( 1 ) Within or on the boundaries of cargo tanks which have been used to carry combustible liquid or chemicals in bulk; or,
( 2 ) Within or on the boundaries of fuel tanks; or,
( 3 ) To pipe lines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks.
( c ) Such inspections shall be made and evidenced as follows: ( 1 ) In ports or places in the United States or its territories and possessions the inspection shall be made by a marine chemist certificated by the National Fire Protection Association; however, if the services of such certified marine chemist are not reasonably available, the Officer in Charge, Marine Inspection, upon the recommendation of the vessel owner and his contractor or their representative, shall select a person who, in the case of an individual vessel, shall be authorized to make such inspection. If the inspection indicated that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, shall be issued by the certified marine chemist or the authorized person before the work is started. Such qualifications shall include any requirements as may be deemed necessary to maintain, insofar as can reasonably be done, the safe conditions in the spaces certified throughout the operation and shall include such additional tests and certifications as considered required. Such qualifications and requirements shall include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.
( 2 ) When not in such a port or place, and a marine chemist or such person authorized by the Officer in Charge, Marine Inspection, is not reasonably available, the inspection shall be made by the senior officer present and a proper entry shall be made in the vessel's logbook.
( d ) It shall be the responsibility of the senior officer present to secure copies of certificates issued by the certified marine chemist or such person authorized by the Officer in Charge, Marine Inspection. It shall be the responsibility of the senior officer present, insofar as the persons under his control are concerned, to maintain a safe condition on the vessel by full observance of all qualifications and requirements listed by the marine chemist in the certificate.
[CGD 84-024, 52 FR 39652, Oct. 23, 1987, as amended by CGD 95-072, 60 FR 50463, Sept. 29, 1995]
§ 115.802 Hull. ( a ) At each initial and subsequent inspection for certification of a vessel, the owner or managing operator shall be prepared to conduct tests and have the vessel ready for inspections of the hull structure and its appurtenances, including the following: ( 1 ) Inspection of all accessible parts of the exterior and interior of the hull, the watertight bulkheads, and weather decks;
( 2 ) Inspection and operation of all watertight closures in the hull, decks, and bulkheads including through hull fittings and sea valves;
( 3 ) Inspection of the condition of the superstructure, masts, and similar arrangements constructed on the hull, and on a sailing vessel all spars, standing rigging, running rigging, blocks, fittings, and sails;
( 4 ) Inspection of all railings and bulwarks and their attachment to the hull structure;
( 5 ) Inspection to ensure that guards or rails are provided in dangerous places;
( 6 ) Inspection and operation of all weathertight closures above the weather deck and the provisions for drainage of sea water from the exposed decks; and
( 7 ) Inspection of all interior spaces to ensure that they are adequately ventilated and drained, and that means of escape are adequate and properly maintained.
( b ) The vessel must be afloat for at least a portion of the inspection as required by the marine inspector.
( c ) When required by the marine inspector, a portion of the inspection must be conducted while the vessel is underway so that the hull and internal structure can be observed.
[CGD 85-080, 61 FR 892, Jan. 10, 1996, as amended at 62 FR 51348, Sept. 30, 1997]
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          30,922
<INT-BEARING-DEPOSITS>                             101
<FED-FUNDS-SOLD>                                   500
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    520,237
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        541,356
<ALLOWANCE>                                      6,935
<TOTAL-ASSETS>                               1,146,065
<DEPOSITS>                                     883,806
<SHORT-TERM>                                   111,245
<LIABILITIES-OTHER>                             12,888
<LONG-TERM>                                     20,750
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        23,312
<OTHER-SE>                                      94,064
<TOTAL-LIABILITIES-AND-EQUITY>               1,146,065
<INTEREST-LOAN>                                 42,213
<INTEREST-INVEST>                               24,479
<INTEREST-OTHER>                                   281
<INTEREST-TOTAL>                                66,973
<INTEREST-DEPOSIT>                              31,799
<INTEREST-EXPENSE>                              34,533
<INTEREST-INCOME-NET>                           32,440
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                              12,755
<EXPENSE-OTHER>                                 30,094
<INCOME-PRETAX>                                 21,290
<INCOME-PRE-EXTRAORDINARY>                      21,290
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    14,681
<EPS-PRIMARY>                                     1.96
<EPS-DILUTED>                                     1.95
<YIELD-ACTUAL>                                    3.52
<LOANS-NON>                                      3,507
<LOANS-PAST>                                     1,775
<LOANS-TROUBLED>                                   483
<LOANS-PROBLEM>                                  3,980
<ALLOWANCE-OPEN>                                 7,520
<CHARGE-OFFS>                                      917
<RECOVERIES>                                       332
<ALLOWANCE-CLOSE>                                6,935
<ALLOWANCE-DOMESTIC>                             2,988
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          3,947
        

</TABLE>
# Fourth Court of Appeals

**San Antonio, Texas**

MEMORANDUM OPINION

No. 04

- 19

- 00094

- CV

IN RE Stephen Patrick BLACK

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Luz Elena D. Chapa, Justice

Beth Watkins , Justice

Delivered and Filed: March 13, 2019

PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT

On February 22 , 201 9 , relator filed a pr o se petition for writ of mandamus complaining of

the trial court’s refusal to set a hearing for and rule on his Motion to Terminate S tate Counsel for

Offenders and Invoke the Faretta Right to Self

- Representation. On February 27, 2019, the Special

Prosecu tion Unit filed a response to relator’s petition, attached to which was a copy of a Notice of

Setting. The trial court has set a hearing to determine relator’s ability to represent himself for

April 10, 2019. B ecause relator has received the relief reque sted in his mandamus petition, we

dismiss the petition as moot. See In re Bonilla , 424 S.W.3d 528, 534 (Tex. Crim. App. 2014)

(orig. proceeding) (dismissing petition because relief sought had become moot).

PER CURIAM

1 This proceeding arises out of Ca use No. CV

- 15

- 1805, styled In re the Commitment of Stephen Patrick Black , pending in the 274th Judicial District Court, Guadalupe County, Texas, the Honorable Gary L. Steel presiding.
[if !vml]>[endif]>

[if !vml]>[endif]>

You havereached the Federal Depository Library Program Electronic Collection (FDLP/EC)Archive. This archive assures ongoing access to publications in the FDLP/EC.Access to publications in the archive is available through GPO's suite ofcataloging and locator services, including the Catalog of U.S. GovernmentPublications (CGP).  Archived copies of publications are retrieved in theevent that publications are no longer available from the original publishingagency site. (Historical purposes)

**Title:** U.S. Immigration and Customs Enforcement�smanagement letter for FY ... DHS consolidated financial statements audit

2010;2011; 2012;2013; 2014;2015; 2016
 
 
SuDoc Number: HS 1.22/6-5:
Item Number: 0520-B-45(online)
CGP system Number:000862330
#### Augustus D. Juilliard, *as Receiver, etc., Appellant, v.*Zachariah Chappee, *as Trustee and Assignee, etc., Resppndent*.

Judgment and order affirmed. Opinion by

Davis, P. J.
Editorial Note on Part 8
Editorial Note: Nomenclature changes to part 8 appear by USCG-2009-0702, 74 FR 49224, Sept. 25, 2009.

§ 8.440 Vessel enrollment in the Alternate Compliance Program. ( a ) In place of compliance with other applicable provisions of this title, the owner or operator of a vessel subject to plan review and inspection under this subchapter for initial issuance or renewal of a COI may submit the vessel for classification, plan review and inspection by a recognized classification society authorized by the Coast Guard to determine compliance with applicable international treaties and agreements, the classification society's class rules, and the U.S. supplement prepared by the classification society and accepted by the Coast Guard.
( b ) A vessel owner or operator wishing to have a vessel inspected under paragraph (a) of this section shall submit an Application for Inspection of U.S. Vessel (CG-3752) to the cognizant OCMI, and indicate on the form that the inspection will be conducted by an authorized classification society under the ACP.
( c ) Based on reports from an authorized classification society that a vessel complies with applicable international treaties and agreements, the classification society's class rules, and the U.S. supplement prepared by the classification society and accepted by the Coast Guard, the cognizant OCMI may issue a certificate of inspection to the vessel. If the OCMI declines to issue a certificate of inspection even though the reports made by the authorized classification society indicate that the vessel meets applicable standards, the vessel owner or operator may appeal the OCMI decision as provided in subpart 1.03 of this chapter.
( d ) If reports from an authorized classification society indicate that a vessel does not comply with applicable international treaties and agreements, the classification society's class rules, and the U.S. supplement prepared by the classification society and accepted by the Coast Guard, the cognizant OCMI may decline to issue a certificate of inspection. If the OCMI declines to issue a certificate of inspection, the vessel owner or operator may: ( 1 ) Correct the reported deficiencies and make arrangements with the classification society for an additional inspection;
( 2 ) Request inspection by the Coast Guard under other provisions of this subchapter; or
( 3 ) Appeal via the authorized classification society to the Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501.
[CGD 95-010, 62 FR 67532, Dec. 24, 1997, as amended by USCG-2013-0671, 78 FR 60145, Sept. 30, 2013]
#### Anderson, Plaintiff in Error, v. Hulet, Defendant in Error.

Practice — Sealed Verdicts — Adjournment of Term.

The court may direct the jury to bring in a sealed verdict at the opening of court in case of an agreement during recess or adjournment for the day, but a final adjournment for the term, by operation of law, discharges the jury and renders ife incompetent to return a verdict.

*Error to the County Court of Arapahoe County.*

Messrs. Coe & Carpenter, for plaintiff in error.

Mr. N. Q. Tanquary, for defendant in error.

*449Reed, J.,

delivered the opinion of the court.

But one error will be discussed or regarded in the disposition of this case. . .

On September 3d, 1892, the case was tried to a jury, who were allowed to retire and bring in a sealed verdict. The 3d of September was the last day of the April term of court. On that day the following order was made, entered upon the records of the court and signed by the judge:

> “And thereupon court adjourned in course, and all business not otherwise disposed of, is continued to the next term of this court.”

On September 6th of the ensuing September term, the parties who had composed the former juiy, to whom the case had been submitted, came into court and returned the supposed verdict upon which the judgment was entered.

Sec. 194 of the civil code provides : “ The court may direct the jury to bring in a sealed verdict at the opening of the court, in case of an agreement during a *recess or adjournment*for the day. *A final adjournment of the court for the term shall discharge the jury.'’’*

Although a jury may make and seal a verdict during recess or intermission, it does not become a verdict until delivered by tbe jury and accepted by the court. The legal existence and integrity of the jury must be retained and it must be a valid, existing and legal jury at the time of the rendition of the verdict.

With the close of the term on September 3d the jury were discharged by operation of law; subsequent to that time it was not a jury and could neither make nor return a verdict.' Hence it was a mistrial; no verdict was returned upon which a judgment could be based.

The judgment will be reversed and the cause remanded.

*Reversed.*
```

[Journal of the House of Representatives, 1995]
[Friday, March 24, 1995 (50), Para 50.2 Approval of the Journal]
[Page 481]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.50.2  approval of the journal

  The SPEAKER pro tempore, Mr. CUNNINGHAM, announced he had examined and 
approved the Journal of the proceedings of Thursday, March 23, 1995.
  Pursuant to clause 1, rule I, the Journal was approved.
```
Submitted on record and briefs August 16,

conviction affirmed; remanded for resentencing October 25, 1995

#### STATE OF OREGON, *Respondent, v.*DUSTIN EUGENE HARMON, *Appellant.*

(94C20620; CA A86441)

904 P2d 201

Sally L. Avera, Public Defender, and Ingrid A. MacFarlane, Deputy Public Defender, filed the brief for appellant.

Theodore R. Kulorigoski, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent.

Before Richardson, Chief Judge, and Riggs and Landau, Judges.

PER CURIAM

*429PER CURIAM

Defendant appeals the sentence imposed after he pled guilty to robbery in the first degree, ORS 164.415. He contends that the court erred by not allowing him to collaterally attack the constitutionality of his prior juvenile adjudications in the sentencing process. The state concedes that the court erred. We agree. *State v. Stewart/Billings,*321 Or 1, 892 P2d 1013 (1995).

Conviction affirmed; remanded for resentencing.