alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.28**

 

**AMENDMENT TO**

**STOCK AND WARRANT PURCHASE AGREEMENT**

 

ThisAMENDMENT (this “Amendment”) to the Stock and Warrant Purchase Agreement, dated as of April 27, 2000 (the “Purchase Agreement”), by and among Global Sports, Inc. (n/k/a GSI Commerce, Inc.), a Delaware corporation (the“Company”), and TMCT Ventures, L.P. (n/k/a Rustic Canyon Ventures, LP, a Delaware limited partnership (“RCV”), is made as of this 26th day of June, 2004. Capitalized terms used but not defined in this Amendment shall have themeanings given to such terms in the Purchase Agreement. 

 

**RECITALS**

 

**WHEREAS**, the Company and RCVentered into the Purchase Agreement in connection with an investment by RCV in the Company and in order to provide RCV with certain rights as a stockholder of the Company; 

 

**WHEREAS**, RCV has agreed to give up certain of the rights provided to it by the Purchase Agreement in exchange for awarrant to purchase 12,500 shares of the Company’s Common Stock; and 

 

**WHEREAS**, the Company believes that it is in its best interests of the Company and its stockholders that the Company be able to consummate the transactions contemplated by this Amendment. 

 

**NOW, THEREFORE**, in consideration of the foregoing and intending to belegally bound hereby, the parties hereto agree that the Purchase Agreement shall be amended as follows: 

 

1. Sections 5.2 and 5.4 of the Purchase Agreement are hereby deleted in their entirety. With respect to the Warrant and any shares of the Company’sCommon Stock issued on exercise of the Warrant, RCV hereby makes and confirms the representations set forth in Sections 4.3 through 4.6 of the Purchase Agreement. 

 

2. Subject to the terms and conditions hereof, the Company shall issue to RCV a five-year warrant to purchase 12,500 sharesof the Company’s Common Stock at an exercise price equal to the closing price of a share of the Company’s Common Stock on the date immediately preceding the date of this Amendment (the “Warrant”). 

 

3. The Purchase Agreement, as amended hereby, shall be and remain in fullforce and effect in accordance with its terms. 

 

4. ThisAmendment shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflict of laws provisions thereof. 

 

5. This Amendment may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute oneinstrument. 

**IN WITNESS WHEREOF**, the parties hereto have executed this Amendment as of the date set forth inthe first paragraph hereof. 

 
GSI COMMERCE, INC. (f/k/a GLOBAL SPORTS, INC.)By: 
/s/ Michael G. Rubin
  Name: Michael G. Rubin  Title: Co-President and Chief Executive Officer
RUSTIC CANYON VENTURES, LP (f/k/a TMCT

VENTURES, L.P.)
By: Rustic Canyon Partners, LLC  Its General Partner  By: 
/s/ Mark Menell
    Name: Mark Menell    Title: Member
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,
                                1998       1997       1998      1997
                             ------------------    -----------------
INCOME:
  Net income................$  2,688   $  2,825   $  8,126  $  8,276
                              ======     ======     ======    ======
SHARES:
  Weighted average common
   shares outstanding.......   7,418      7,432      7,428     7,432
                              ======     ======     ======    ====== 
BASIC INCOME PER SHARE:
 Net income per share.......$    .36   $    .38   $   1.09  $   1.11
                              ======     ======     ======    ======
DILUTED EARNINGS PER SHARE (A)
 USE OF PROCEEDS:
  Assumed exercise of
   options..................$  2,533   $  2,533   $  2,533  $  2,297
  Tax benefit from assumed
   exercise of options......     809        577        910       276
  Repurchase of treasury
   stock at the average
   market price per share of
   $12.95, $11.14, $13.74
   and $8.80, respectively..  (3,342)    (3,110)    (3,443)   (2,573)
                              ------     ------     ------    ------
  Assumed balance to be
   reinvested...............$      -  $       -   $      -  $      -
                              ======     ======     ======    ======
SHARES:
 Weighted average shares
  outstanding...............   7,418      7,432      7,428     7,432
 Shares assumed issued
  for options...............     379        380        379       353
 Treasury stock assumed
  purchased.................    (258)      (279)      (250)     (292)
                              ------     ------     ------    ------
 Adjusted average shares
 outstanding................   7,539      7,533      7,557     7,493
                              ======     ======     ======    ====== 
DILUTED INCOME PER SHARE:
 Net income per share.......$    .36  $     .37   $   1.08  $   1.10
                              ======     ======     ======    ======

(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 
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# District: 6
Federal Reserve Bank of: Atlanta

## Filings received during the week ending September 4, 2010

|Filer                    | Filing Type    | Filing Proposal                                                                                                                                                                                                                       | End of Comment Period                                  
|------------------------ | -------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------
|IBERIABANK               | * Branch       | IBERIABANK, Lafayette, Louisiana, to establish the following branches: 3810 Richmond Avenue, Houston, Texas; and 1000 Memorial Mall, Houston, Texas.                                                                                  | Newspaper:09/13/2010Federal Register:Not applicable    
|Newspaper:               | 09/13/2010    
|Federal Register:        | Not applicable
|NAPLES BANCORP, INC.     | CIC            | After-the-fact change in control notice filed by Kenneth Richard Murray, Naples, Florida to retain 39.67 percent of the outstanding shares of Naples Bancorp, Inc., and its subsidiary bank, Bank of Naples, both of Naples, Florida. | Newspaper:08/24/2010Federal Register:08/18/2010        
|Newspaper:               | 08/24/2010    
|Federal Register:        | 08/18/2010    
|VANTAGE BANCSHARES, INC. | 3A1            | Vantage Bancshares, Inc., notice to become a bank holding company by acquiring 100 percent of the outstanding shares of Vantage Bank of Alabama, both of Albertville, Alabama.                                                        | Newspaper:Not applicableFederal Register:Not applicable
|Newspaper:               | Not applicable
|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 
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---

Home Banking information and regulation  Accessibility Contact 
  us
§ 502.404 Neutrals. ( a ) A neutral may be a permanent or temporary officer or employee of the Federal Government or any other individual who is acceptable to the parties to a dispute resolution proceeding. A neutral shall have no official, financial, or personal conflict of interest with respect to the issues in controversy, unless such interest is fully disclosed in writing to all parties and all parties agree that the neutral may serve.
( b ) A neutral who serves as a conciliator, facilitator, or mediator serves at the will of the parties.
( c ) With consent of the parties, the Federal Maritime Commission Dispute Resolution Specialist will seek to provide a neutral in dispute resolution proceedings through Commission staff, arrangements with other agencies, or on a contractual basis.
( d ) *Fees.* Should the parties choose a neutral other than an official or employee of the Commission, fees and expenses shall be borne by the parties as the parties shall agree.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23

- 6012

PETER GAKUBA , Petitioner

- Appellant ,

v. MARYLAND ATTORNEY GENERAL ’ S OFFICE , Respondent

- Appellee

.

Appeal from the United States District Court for the District of Maryland , at Baltimore

. Theodore D. Chuang, District Judge. ( 1:22

- cv - 00237

- TDC )

Submitted : March 21, 2023 Decided: March 24, 2023

Before WYNN and RICHARD S ON , Circuit Judges , and KEENAN, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.

Peter Gakuba , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6012 Doc: 21 Filed: 03/24/2023 Pg: 1 of 22 PER CURIAM: Peter Gakuba seeks to appeal the district court’s order dismi ssing his 28 U.S.C. § 2254 petition as an unauthorized, successive § 2254 petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A). A certificate of appealability will n ot issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). When , as here, the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is d ebatable and that the petition states a debatable claim of the denial of a constitutional right. Gonzalez v. Thaler , 565 U.S. 134, 140

- 41 (2012) (citing
Slack v. McDaniel , 529 U.S. 473, 484 (2000))

. We have independently reviewed the record and conclude that Gakuba has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this cour t and argument would not aid the decisional process.
DISMISSED USCA4 Appeal: 23-6012 Doc: 21 Filed: 03/24/2023 Pg: 2 of 2
<TABLE> <S> <C>

 <ARTICLE>     5
 <LEGEND>
 This schedule contains summary financial information extracted from the
 balance sheet and statements of operations found on pages F-4 and F-5 of
 the Company's Form 10-K for the fiscal year ended June 30, 1996, and is
 qualified in its entirety by reference to such financial statements.
 </LEGEND>
 <PERIOD-TYPE>                   YEAR
 <FISCAL-YEAR-END>                          JUN-30-1996
 <PERIOD-END>                               JUN-30-1996
 <CASH>                                         146,219
 <SECURITIES>                                         0
 <RECEIVABLES>                                5,064,573 
 <ALLOWANCES>                                         0
 <INVENTORY>                                  2,876,792 
 <CURRENT-ASSETS>                             8,160,509     
 <PP&E>                                       1,223,195 
 <DEPRECIATION>                                       0 
 <TOTAL-ASSETS>                              11,258,268     
 <CURRENT-LIABILITIES>                        4,228,561
 <BONDS>                                              0
 <PREFERRED-MANDATORY>                                0
 <PREFERRED>                                  2,528,000
 <COMMON>                                         4,449
 <OTHER-SE>                                   3,144,321 
 <TOTAL-LIABILITY-AND-EQUITY>                11,258,268    
 <SALES>                                     14,542,421
 <TOTAL-REVENUES>                            14,542,421
 <CGS>                                       10,491,103
 <TOTAL-COSTS>                               10,491,103
 <OTHER-EXPENSES>                             3,185,620
 <LOSS-PROVISION>                                     0
 <INTEREST-EXPENSE>                             170,951
 <INCOME-PRETAX>                                839,200
 <INCOME-TAX>                                   312,166
 <INCOME-CONTINUING>                            527,034
 <DISCONTINUED>                                       0
 <EXTRAORDINARY>                                      0
 <CHANGES>                                            0
 <NET-INCOME>                                   527,034
 <EPS-PRIMARY>                                     0.09
 <EPS-DILUTED>                                     0.09
 
</TABLE>
U.S. District Court

Eastern District of Michigan

PDF FILE WITH AUDIO FILE ATTACHMENT

2:15−cr−20351

USA v. Ataya

Office : 2 Detroit

Case Type : cr

Case Number : 2:15−cr−20351

Case Title : USA v. Ataya

Session Date/Time : 06/22/2015

Audio File Name : Ataya_Part_2_20150622−1358_01d0acf37f81fc80.mp3

Audio File Size : 4.8 MB

Audio Run Time : Time unavailable

Help Using This File :

An audio file is embedded as an attachment in this PDF document. To listen to the file, click the Attachments tab

or the Paper Clip icon. Select the Audio File and click Open.

MPEG Layer−3 audio coding technology from Fraunhofer IIS and Thomson.

This digital recording is a copy of a court proceeding and is provided as a convenience to the public.

In accordance with 28 U.S.C.Â§ 753 (b) "[n]o transcripts of the proceedings of the court shall be

considered official exept those made from the records certified by the reporter or other individual

designated to produce the record."

2:15-cr-20351-SFC-MKM Doc # 54 Filed 06/22/15 Pg 1 of 1 Pg ID 112
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
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Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
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 |
Dallas
 |
San Francisco

# District: 6
Federal Reserve Bank of: Atlanta

## Filings received during the week ending November 3, 2007

|Filer                          | Filing Type    | Filing Proposal                                                                                                                                                                                              | End of Comment Period                                  
|------------------------------ | -------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | -------------------------------------------------------
|Florida Commerce Bancorp, Inc. | 3A1            | Florida Commerce Bancorp, Inc., Fort Myers, Florida, notice to become a bank holding company by acquiring 100 percent of the outstanding shares of Commerce Bank of Southwest Floirida, Fort Myers, Florida. | Newspaper:Not applicableFederal Register:Not applicable
|Newspaper:                     | Not applicable
|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       

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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Chicago
 |
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Minneapolis
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---

Home Banking information and regulation  Accessibility Contact 
  us
```

[Journal of the House of Representatives, 1995]
[Tuesday, March 14, 1995 (44), Para 44.9 Sea of Okhotsk Fisheries Enforcement]
[Page 376]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.44.9  sea of okhotsk fisheries enforcement

  Mr. YOUNG of Alaska moved to suspend the rules and pass the bill (H.R. 
715) to amend the Central Bering Sea Fisheries Enforcement Act of 1992, 
to prohibit fishing in the Central Sea of Okhotsk by vessels and nations 
of the United States.
  The SPEAKER pro tempore, Mr. SHAYS, recognized Mr. YOUNG of Alaska and 
Mr. STUDDS, each for 20 minutes.
  After debate,
  The question being put, viva voce,
  Will the House suspend the rules and pass said bill?
  The SPEAKER pro tempore, Mr. SHAYS, announced that two-thirds of the 
Members present had voted in the affirmative.
  So, two-thirds of the Members present having voted in favor thereof, 
the rules were suspended and said bill was passed.
  A motion to reconsider the vote whereby the rules were suspended and 
said bill was passed was, by unanimous consent, laid on the table.
  Ordered, That the Clerk request the concurrence of the Senate in said 
bill.
```
#### Louis E. Miller *v.*Benjamin Wright.

Motion denied, with ten dollars costs.
I

104TH CONGRESS

1ST SESSION H. R. 1409

To provide for funding for Federal employee pay adjustments and comparability payments through reductions in agency spending on service contracts

for fiscal year 1996.

IN THE HOUSE OF REPRESENTATIVES

APRIL 5, 1995

Ms. NORTON (for herself and Mrs. MORELLA) introduced the following bill;

which was referred to the Committee on Government Reform and Oversight

A BILL

To provide for funding for Federal employee pay adjustments

and comparability payments through reductions in agency spending on service contracts for fiscal year 1996.

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

3 SECTION 1. FUNDING FOR FEDERAL EMPLOYEE PAY AD4 JUSTMENTS AND COMPARABILITY PAYMENTS

5 THROUGH REDUCTIONS IN AGENCY SPEND6 ING FOR SERVICE CONTRACTS.

7 (a) IN GENERAL.—Of the funds provided in appro8 priation Acts for fiscal year 1996 to all departments, agen-
2

•HR 1409 IH

1 cies, and instrumentalities in the executive branch of the

2 Federal Government—

3 (1) the total amount otherwise available for

4 purposes of entering into service contracts with pri5 vate entities is hereby reduced by $2,000,000,000;

6 and

7 (2) the total amount otherwise available for

8 purposes of pay schedule adjustments and locality9 based comparability payments under sections 5303

10 and 5304 of title 5, United States Code, is hereby

11 increased by such sum.

12 (b) ALLOCATION OF AMOUNTS.—The Director of the

13 Office of Management and Budget shall allocate the re14 ductions and increases required by subsection (a) among

15 the appropriate accounts, and shall submit to the Con16 gress a report setting forth such allocation.

17 (c) AGENCY CERTIFICATION.—Each department,

18 agency, and instrumentality in the executive branch of the

19 Federal Government shall submit to the Director of the

20 Office of Management and Budget, within 90 days after

21 the end of fiscal year 1996, a certification of compliance

22 with subsection (a) in accordance with the allocations

23 made pursuant to subsection (b). Not later than 120 days

24 after the end of fiscal year 1996, the Director shall submit

25 to the Congress a report setting forth the certifications
3

•HR 1409 IH

1 of compliance received by the Director under this sub2 section.

3 (d) SERVICE CONTRACTS.—For the purposes of this

4 section the term ‘‘service contract’’ has the meaning given

5 such term in part 37 of title 48 of the Code of Federal

6 Regulations.

Æ
<PAGE>   1
                                                                   EXHIBIT 23.01


                       CONSENT OF INDEPENDENT ACCOUNTANTS



We consent to the incorporation by reference in the registration statement on
Forms S-8 (File Nos. 33-02380 and 333-3361) of our reports dated January 20,
1998, except for Note 12, for which the date is January 28, 1998, on our audits
of the consolidated financial statements and financial statement schedule of
Prism Solutions, Inc. and subsidiaries as of December 31, 1997, 1996 and 1995,
which reports are included in this Annual Report on Form 10-K.


                                   COOPERS & LYBRAND L.L.P.


San Jose, California
February 4, 1998
Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Notices 32619 

existence and recovery of any 

endangered or threatened species or 

result in the destruction or adverse 

modification of critical habitat. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: June 6, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–11192 Filed 6–12–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal No. 07–15] 

36(b)(1) Arms Sales Notification 

AGENCY: Department of Defense, Defense 

Secretary 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 Public 

Law 104–164 dated 21 July 1996. 

FOR FURTHER INFORMATION CONTACT: Ms. 

J. Hurd, DSCA/DBO/CFM, (703) 604–

6575. 

The following is a copy of a letter to 

the Speaker of the House of 

Representatives, Transmittal 07–15 with 

attached transmittal, policy justification, 

and Sensitivity of Technology. 

Dated: June 7, 2007. 

C.R. Choate, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

BILLING CODE 5001–06–M 


sroberts on PROD1PC70 with NOTICES
32620 Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Notices 


sroberts on PROD1PC70 with NOTICESEN13JN07.037</GPH>
Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Notices 32621 


sroberts on PROD1PC70 with NOTICESEN13JN07.038</GPH>
32622 Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Notices 


sroberts on PROD1PC70 with NOTICESEN13JN07.039</GPH>
Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Notices 32623 

[FR Doc. 07–2917 Filed 6–12–07; 8:45 am] 

BILLING CODE 5001–06–C 


sroberts on PROD1PC70 with NOTICESEN13JN07.040</GPH>
§ 42.07-43 Change in assigning authority. ( a ) If the owner desires a change in assigning and issuing authority for a vessel, a special request shall be made in writing to the Commandant at least 90 days prior to the expiration date of the present certificate or the annual endorsement thereon.
( b ) A change in the assigning authority does not presume any change in assigned load lines.
[CGFR 68-60, 33 FR 10053, July 12, 1968]