alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
 
                                                                    EXHIBIT 23.5
 
                       CONSENT OF INDEPENDENT ACCOUNTANTS
 
     As independent public accountants, we hereby consent to the incorporation
by reference in this Form S-4 of our report dated January 23, 1997 (except with
respect to the matters discussed in the Subsequent Events note as to which the
date is March 27, 1997), on the consolidated financial statements and financial
statement schedule of ITT Corporation, which appears in the Annual Report on
Form 10-K of ITT Corporation for the year ended December 31, 1996, and to all
references to our firm included in this Form S-4.
 
                                          /s/ ARTHUR ANDERSEN LLP
 
New York, New York
January 14, 1998.
IN THE SUPREME COURT OF PENNSYLVANIA

IN RE:

REAPPOINTMENTS TO THE CIVIL

PROCEDURAL RULES COMMITTEE :

:

:

: No. 692 CIVIL PROCEDURAL RULES

DOCKET

ORDER

PER CURIAM

AND NOW , this 1 3 th day of March , 2019, the following are reappointed as

members of the Civil Procedural Rules Committee for a term of three years, commencing

June 30, 2019:

The Honorable Christine A. Ward

Allegheny County

The Honorable Daniel J. Anders

Philadelphia

Stanley M. Stein, Esquire

Allegheny County
In the United States Court of Federal Claims

No. 18-1880C

(Filed: July 12, 2019)

* * * * * * * * * * * * * * * * * * * * * * * * * *

ORACLE AMERICA, INC.,

Plaintiff,

v.

THE UNITED STATES,

Defendant, 

and

AMAZON WEB SERVICES, INC.,

Intervenor.

* * * * * * * * * * * * * * * * * * * * * * * * * *

ORDER

Pending in this pre-award bid protest are the parties’ cross-motions 

for judgment on the administrative record. The court held oral argument on 

the parties’ cross-motions on July 10, 2019. Following argument, the court 

indicated to the parties that we would issue an order stating our decision on 

the motions with a supporting opinion to follow shortly thereafter. The court 

now orders the following.

Because the court finds that Gate Criteria 1.2 is enforceable, and 

Oracle concedes that it could not meet that criteria at the time of proposal 

submission, we conclude that it cannot demonstrate prejudice as a result of

other possible errors in the procurement process. We conclude as well that 

the contracting officer’s findings that an organizational conflict of interest 

does not exist and that individual conflicts of interest did not impact the 

procurement were not arbitrary, capricious, an abuse of discretion, or 

otherwise not in accordance with law. Plaintiff’s motion for judgment on the 

administrative record is therefore denied. Defendant’s and intervenor’s 
2

respective cross-motions for judgment on the administrative record are 

granted. 

Entry of final judgment is deferred pending the issuance of our 

supporting opinion.

s/Eric G. Bruggink

ERIC G. BRUGGINK

Senior Judge
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           5,374
<SECURITIES>                                         0
<RECEIVABLES>                                   69,917
<ALLOWANCES>                                     7,969
<INVENTORY>                                     26,055
<CURRENT-ASSETS>                               109,717
<PP&E>                                       1,292,147
<DEPRECIATION>                               (441,994)
<TOTAL-ASSETS>                               1,534,416
<CURRENT-LIABILITIES>                          159,604
<BONDS>                                      1,781,431
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,033
<OTHER-SE>                                   (426,408)
<TOTAL-LIABILITY-AND-EQUITY>                 1,534,416
<SALES>                                          4,786
<TOTAL-REVENUES>                               255,750
<CGS>                                           21,103
<TOTAL-COSTS>                                  291,252
<OTHER-EXPENSES>                                35,767
<LOSS-PROVISION>                                 4,724
<INTEREST-EXPENSE>                              36,778
<INCOME-PRETAX>                               (92,372)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (92,372)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (92,372)
<EPS-PRIMARY>                                   (0.90)
<EPS-DILUTED>                                   (0.90)
        

</TABLE>
III

106TH CONGRESS

2D SESSION H. CON. RES. 371

IN THE SENATE OF THE UNITED STATES

JULY 25, 2000

Received; referred to the Committee on Health, Education, Labor, and

Pensions

CONCURRENT RESOLUTION

Supporting the goals and ideas of National Alcohol and Drug

Recovery Month.

Whereas 26 million Americans currently suffer the ravages of

drug or alcohol addiction;

Whereas 85 percent of all crimes are tied to drug or alcohol

addiction;

Whereas American taxpayers incurred more than $150 billion

in drug-related criminal and medical costs in 1997

alone—more than they spent on education, transpor-
2

HCON 371 RFS

tation, agriculture, energy, space, and foreign aid combined;

Whereas every dollar invested in drug and alcohol treatment

yields seven dollars in savings in health care costs, criminal justice costs, and lost productivity costs from job absenteeism, injuries, and subpar work performance;

Whereas treatment for addiction is as effective as treatments

for other chronic medical conditions, such as diabetes and

high blood pressure;

Whereas adolescents who undergo addiction treatment report

less use of marijuana, less heavy drinking, and less criminal involvement;

Whereas other benefits of adolescent addiction treatment include better psychological adjustment and improved

school performance after treatment;

Whereas a number of organizations and individuals dedicated

to fighting addiction and promoting treatment and recovery will recognize September 2000 as National Alcohol

and Drug Addiction Recovery Month;

Whereas National Alcohol and Drug Addiction Recovery

Month celebrates the tremendous strides taken by individuals who have undergone successful treatment and

recognizes those in the treatment field who have dedicated their lives to helping people recover from addiction;

and

Whereas the 2000 national campaign focuses on supporting

adolescents in addiction treatment and recovery, embraces the theme of ‘‘Recovering Our Future: One Youth

at a Time’’, and seeks to increase awareness about alcohol and drug addiction and to promote treatment and recovery for adolescents and adults: Now, therefore, be it
3

HCON 371 RFS

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Congress supports the goals and

3 ideas of National Alcohol and Drug Recovery Month.

Passed the House of Representatives July 24, 2000.

Attest: JEFF TRANDAHL,

Clerk.
<PAGE>
                                                                   Exhibit 10.31

                               FIRST AMENDMENT OF
                  AMENDED AND RESTATED PARTICIPATION AGREEMENT


     This First Amendment of the Amended and Restated Participation Agreement
(the "Amendment") is made and entered into as of this 19th day of December,
2001, by and between and Union Bank and Trust Company, a Nebraska banking
corporation and trust company, solely in its capacity as trustee of various
grantor trusts known as Short Term Federal Investment Trusts or other grantor
trusts ("Union Bank") and NELnet, Inc., a Nevada corporation f/k/a National
Education Loan Network, Inc. ("NELnet").

     WHEREAS, the parties hereto entered into that certain Amended and Restated
Participation Agreement dated as of June 1, 2001 (the "Agreement"), and the
parties hereto wish to amend the Agreement under the terms set forth herein.

     NOW, THEREFORE, in consideration of the foregoing premises and the mutual
covenants herein contained, the parties hereto agree as follows:

     1. Definitions. Unless otherwise expressly stated herein, capitalized terms
in this Amendment shall have the same meanings given to them in the Agreement.

     2. Increase in Participation Amount. For purposes of the Agreement and this
Amendment, the maximum aggregate total of participation interests sold to Union
Bank shall be $600 million.

     3. Change in Definition of NELnet's Fee. For purposes of Section 1.03 of
the Agreement, NELnet's Fee shall be defined to equal the difference between (i)
the total of interest received with respect to such Eligible Loans contained in
a participation certificate, and (ii) an amount equal to 30 basis points (.30%)
above the average of the bond equivalent rates of the quotes of 3-month
commercial paper (financial) rates in effect for each of the days in such
quarter as reported by the Federal Reserve in Publication H-15 (or its
successor) for the relevant 3-month period, multiplied by the average aggregate
principal balance of all Eligible Loans covered by said participation
certificate.

     4. Effect of Amendment. Unless expressly modified or amended by this
Amendment, all terms and provision contained in the Agreement shall remain in
full force and effect without modification.


Union Bank and Trust Company                      NELnet, Inc.

By: /s/ Ken Backemeyer                            By: /s/ Terry Heimes
    -------------------------                         --------------------------
Title: Senior Vice President                      Title: Chief Financial Officer
<PAGE>   1
                                                                     EXHIBIT 12


                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                                 (in thousands)
                                   (Unaudited)


<TABLE>
<CAPTION>
                                                                 THREE MONTHS ENDED        NINE MONTHS ENDED
                                                                    SEPTEMBER 30,             SEPTEMBER 30,
                                                               ----------------------    ----------------------
                                                                  1998        1999         1998         1999
                                                               ---------    ---------    ---------    ---------
<S>                                                            <C>          <C>          <C>          <C>
Earnings:
       Loss before cumulative effect of a change in
          accounting principle .............................   $ (16,428)   $ (49,488)   $(124,419)   $(196,557)
       Fixed charges, less interest capitalized ............      42,297       45,737      128,718      135,893
                                                               ---------    ---------    ---------    ---------
             Earnings ......................................   $  25,869    $  (3,751)   $   4,299    $ (60,664)
                                                               =========    =========    =========    =========

Fixed charges:
       Interest expense, including interest capitalized ....   $  39,943    $  42,248    $ 120,535    $ 124,867
       Amortization of deferred financing costs ............       1,101        1,151        3,316        3,411
       Interest portion of rental expense ..................       6,475        8,441       19,365       24,796
                                                               ---------    ---------    ---------    ---------
             Fixed charges .................................   $  47,519    $  51,840    $ 143,216    $ 153,074
                                                               =========    =========    =========    =========

Ratio of earnings to fixed charges .........................          --           --           --           --
                                                               =========    =========    =========    =========

Deficiency of earnings available to cover
       fixed charges .......................................   $ (21,650)   $ (55,591)   $(138,917)   $(213,738)
                                                               =========    =========    =========    =========
</TABLE>
<TABLE> <S> <C>

<ARTICLE>        5
<LEGEND>
     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
     THE SEPTEMBER 30, 2000 QUARTERLY REPORT ON FORM 10-Q AND IS QUALIFIED
     IN ITS ENTIRETY BY REFERENCE TO SUCH QUARTERLY REPORT ON FORM 10-Q.
</LEGEND>
     <MULTIPLIER>                           1,000
     <PERIOD-TYPE>                          9-MOS
     <FISCAL-YEAR-END>                      SEP-30-2000
     <PERIOD-START>                         JAN-10-2000
     <PERIOD-END>                           SEP-30-2000
     <CASH>                                      13,397
     <SECURITIES>                             1,120,819
     <RECEIVABLES>                                   42
     <ALLOWANCES>                                     0
     <INVENTORY>                                      0
     <CURRENT-ASSETS>                                 0
     <PP&E>                                           0
     <DEPRECIATION>                                   0
     <TOTAL-ASSETS>                           1,150,682
     <CURRENT-LIABILITIES>                      875,955
     <BONDS>                                          0
     <COMMON>                                   315,532
     <PREFERRED-MANDATORY>                            0
     <PREFERRED>                                 73,299
     <OTHER-SE>                               (114,129)
     <TOTAL-LIABILITY-AND-EQUITY>             1,150,682
     <SALES>                                          0
     <TOTAL-REVENUES>                            69,593
     <CGS>                                            0
     <TOTAL-COSTS>                                    0
     <OTHER-EXPENSES>                             6,465
     <LOSS-PROVISION>                                 0
     <INTEREST-EXPENSE>                          37,328
     <INCOME-PRETAX>                             28,037
     <INCOME-TAX>                                     0
     <INCOME-CONTINUING>                         28,037
     <DISCONTINUED>                                   0
     <EXTRAORDINARY>                                  0
     <CHANGES>                                        0
     <NET-INCOME>                                28,037
     <EPS-BASIC>                                 1.01
     <EPS-DILUTED>                                 0.95

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          10,162
<SECURITIES>                                         0
<RECEIVABLES>                                   18,562
<ALLOWANCES>                                     3,800
<INVENTORY>                                      7,118
<CURRENT-ASSETS>                                39,644
<PP&E>                                           8,761
<DEPRECIATION>                                   2,154
<TOTAL-ASSETS>                                  98,883
<CURRENT-LIABILITIES>                           15,322
<BONDS>                                         19,622
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            89
<OTHER-SE>                                      56,955
<TOTAL-LIABILITY-AND-EQUITY>                    98,883
<SALES>                                         45,484
<TOTAL-REVENUES>                                45,484
<CGS>                                           21,799
<TOTAL-COSTS>                                   21,799
<OTHER-EXPENSES>                                17,989
<LOSS-PROVISION>                                 2,503
<INTEREST-EXPENSE>                               1,250
<INCOME-PRETAX>                                  6,296
<INCOME-TAX>                                     2,519
<INCOME-CONTINUING>                              3,777
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,777
<EPS-PRIMARY>                                      .43
<EPS-DILUTED>                                      .39
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Condensed Consolidated Statement of Financial Condition and the Condensed
Consolidated Statment of Earnings filed as a part of the Form 10Q and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-27-1998
<PERIOD-END>                               DEC-26-1997
<CASH>                                          12,950
<SECURITIES>                                         0
<RECEIVABLES>                                  206,205
<ALLOWANCES>                                   (4,351)
<INVENTORY>                                          0
<CURRENT-ASSETS>                               227,215
<PP&E>                                          64,476
<DEPRECIATION>                                (43,590)
<TOTAL-ASSETS>                                 382,135
<CURRENT-LIABILITIES>                           93,782
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       107,531
<OTHER-SE>                                      37,212
<TOTAL-LIABILITY-AND-EQUITY>                   382,135
<SALES>                                        522,959
<TOTAL-REVENUES>                               522,959
<CGS>                                                0
<TOTAL-COSTS>                                  160,261
<OTHER-EXPENSES>                               329,985
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               7,644
<INCOME-PRETAX>                                 25,606
<INCOME-TAX>                                    10,617
<INCOME-CONTINUING>                             14,989
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    14,989
<EPS-PRIMARY>                                      .84
<EPS-DILUTED>                                      .83
        

</TABLE>
No. 55778.

protest 157110-K (Cleveland).

#### Cincinnati Gardens, Inc. *v.*United States,

Opinion by

Lawrence, J.

The protest was dismissed.
IIA

106TH CONGRESS

2D SESSION H. J. RES. 122

IN THE SENATE OF THE UNITED STATES

NOVEMBER 1 (legislative day, SEPTEMBER 22), 2000

Received

JOINT RESOLUTION

Making further continuing appropriations for the fiscal year

2001, and for other purposes.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That Public Law 106–275, is further amended by striking
2

HJ 122 RDS

1 the date specified in section 106(c) and inserting ‘‘Novem2 ber 2, 2000’’.

Passed the House of Representatives November 1,

2000.

Attest: JEFF TRANDAHL,

Clerk.
**Exhibit 10.8**

|   | BB&T                       |
|--------|--------------------------------|
|   | Branch Banking & Trust Co. |
|   | 505 S. Duke Street             |
|   | Durham, NC 27701               |
|   | (919) 887-7800                 |

|   | November   2, 2006 |
|--------|--------------------|

| Mr. Don   T. Seaquist                          |
|------------------------------------------------|
| Vice   President, Finance & Administration |
| Embrex,   Inc.                                 |
| 1040   Swabia Road                             |
| Durham,   NC  27703                       |

Re:  Current Ratio covenant 

Dear Mr. Seaquist:

With regard to the Current Ratio covenant (i.e., a ratio of total current assets to total current liabilities of not less than 2.0 to 1.0) as specified in the Loan Agreements dated April 7, 1999, (and al1 subsequent addendums) and August 6, 2003, each of which was executed by and between Branch Banking and Trust Company (''Bank") and Embrex, Inc. ("Borrower"), the Bank hereby waives the Current Ratio covenant requirement for the third quarter ending September 30, 2006.  Additionally, the Current Ratio covenant will be waived beginning October 1, 2006, until the last day of the current quarter (i.e., December 31, 2006).  On December 31, 2006, the Current Ratio covenant will then be enforceable per the terms and conditions of the aforementioned Loan Agreements.

Any questions regarding this matter may be directed to me at 919/687-7221.  Thank you.

Sincerely,

| /s/ Earl   W. Tye       |   |
|-------------------------|--------|
|                         |   |
| Earl W.   Tye           |   |
| Senior   Vice President |   |
| City   Executive        |   |
| Durham                  |   |

----
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          41,201
<SECURITIES>                                         0
<RECEIVABLES>                                   34,430
<ALLOWANCES>                                     7,978
<INVENTORY>                                      7,872
<CURRENT-ASSETS>                                88,051
<PP&E>                                          13,984
<DEPRECIATION>                                   3,284
<TOTAL-ASSETS>                                 157,167
<CURRENT-LIABILITIES>                           21,310
<BONDS>                                          1,344
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           129
<OTHER-SE>                                     126,464
<TOTAL-LIABILITY-AND-EQUITY>                   157,167
<SALES>                                        109,936
<TOTAL-REVENUES>                               109,936
<CGS>                                           46,422
<TOTAL-COSTS>                                   46,422
<OTHER-EXPENSES>                                45,890
<LOSS-PROVISION>                                 7,536
<INTEREST-EXPENSE>                               1,283
<INCOME-PRETAX>                                 17,027
<INCOME-TAX>                                     6,555
<INCOME-CONTINUING>                             10,472
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  1,332
<CHANGES>                                            0
<NET-INCOME>                                     9,140
<EPS-BASIC>                                        .88
<EPS-DILUTED>                                      .82


</TABLE>