alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
fmi-ex102_192.htm



Exhibit 10.2

***Text Omitted and Filed Separately with the Securities and Exchange Commission

Confidential Treatment Requested Under

17 C.F.R. Sections 200.80(b)(4) and 240.24b-2

 

 

THIRD AMENDMENT TO

COLLABORATION AGREEMENT

 

 

This Third Amendment (“Third Amendment”) to the Collaboration Agreement (the “Agreement”) by and between F. Hoffmann-La Roche Ltd, with an office and place of business at Grenzacherstrasse 124, 4070, Basel, Switzerland, and Hoffmann-La Roche Inc., with an office and place of business at 150 Clove Road, Suite 8, Little Falls, New Jersey 07424, U.S.A. (together, “Roche”), on the one hand, and Foundation Medicine, Inc., with an office and place of business at 150 Second Street, Cambridge, MA 02141, U.S.A. (“FMI”), on the other hand (each a “Party,” and collectively, the “Parties”), as such Agreement was amended by the First Amendment to the Collaboration Agreement dated April 6, 2016 (“First Amendment”) and the Second Amendment to the Collaboration Agreement dated June 16, 2016, is entered into by and between the Parties and shall be considered effective as of the 25th of July, 2016 (the “Third Amendment Effective Date”). Capitalized terms used in this Third Amendment and not otherwise defined herein are used with the meanings ascribed to them in the Agreement.

 


	
 
	
1.
	
Section 1.27.  Section 1.27 of the Agreement is hereby replaced with the following:





	
“1.27
	
Excepted Activities




 

The term “Excepted Activities” shall mean [...***...].”

 

 

[Signature page follows.]

***Confidential Treatment Requested***



 

 

 

 

IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed and effective as of the Third Amendment Effective Date. All other terms and conditions of the Agreement remain in force and effect.  


		
	
 

FOUNDATION MEDICINE, INC.
	
 

F. HOFFMANN-LA ROCHE LTD

	
 

 

Signed: /s/ Steven J. Kafka
	
 

 

Signed: /s/ Stefan Arnold

	
 

Name: Steven J. Kafka, Ph.D.
	
 

Name: Stefan Arnold

	
 

Title: President & Chief Operating Officer
	
 

Title: Head Legal Pharma

 

 

	
 
	
 

F. HOFFMANN-LA ROCHE LTD

	
 
	
 

 

Signed: /s/ Joerg Kazenwadel

	
 
	
 

Name: Joerg Kazenwadel

	
 
	
 

Title: Global Director Alliance & Asset Management




 


		
	
 
	
 

HOFFMANN-LA ROCHE INC.

	
 
	
 

 

Signed: /s/ John P. Parise

	
 
	
 

Name: John P. Parise

	
 
	
 

Title: Authorized Signatory
|                                        |   | Three months ended |      |   | Three months ended |   |      | Nine months ended  |   |   | Nine months ended  |   |
|---------------------------------------------|--------|--------------------|-----------|--------|--------------------|--------|-----------|--------------------|--------|--------|--------------------|--------|
|                                        |   | September 30, 2009 |      |   | September 30, 2008 |   |      | September 30, 2009 |   |   | September 30, 2008 |   |
|                                        |   |               |      |   |               |   |      |               |   |   |               |   |
| Income available to common stockholders     |   | $                  | 84,456    |   |               | $      | 77,543    |               |   | $      | 415,027            |   |   | $ | 88,728 |   |
|                                        |   |               |      |   |               |   |      |               |   |   |               |   |   |   |   |   |
| Weighted average shares outstanding         |   |               | 2,662,236 |   |               |   | 2,664,658 |               |   |   | 2,661,133          |   |   |   | 2,663,349 |   |
|                                        |   |               |      |   |               |   |      |               |   |   |               |   |   |   |   |   |
| Basic earnings per share                    |   | $                  | 0.03      |   |               | $      | 0.03      |               |   | $      | 0.16               |   |   | $ | 0.03 |   |
|                                        |   |               |      |   |               |   |      |               |   |   |               |   |   |   |   |   |
| Income for diluted earnings per share       |   | $                  | 84,456    |   |               | $      | 77,543    |               |   | $      | 415,027            |   |   | $ | 88,728 |   |
|                                        |   |               |      |   |               |   |      |               |   |   |               |   |   |   |   |   |
| Total weighted average common shares        |   |               |      |   |               |   |      |               |   |   |               |   |   |   |   |   |
|   and equivalents outstanding for |   |               |      |   |               |   |      |               |   |   |               |   |   |   |   |   |
|   diluted computation             |   |               | 2,662,236 |   |               |   | 2,664,658 |               |   |   | 2,661,133          |   |   |   | 2,663,349 |   |
|                                        |   |               |      |   |               |   |      |               |   |   |               |   |   |   |   |   |
| Diluted earnings per share                  |   | $                  | 0.03      |   |               | $      | 0.03      |               |   | $      | 0.16               |   |   | $ | 0.03 |   |
EXHIBIT 32.1

                           CERTIFICATIONS PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection with the quarterly report of AMP Productions, Ltd. on Form 10-QSB
for  the  quarter  ended  September  30, 2005  as filed with the  Securities and
Exchange Commission  on the date hereof  (the Report), I, Thomas E. Mills, Chief
Executive Officer, President,  and  Chief  Financial  Officer  of  the  Company,
certify, pursuant  to  18  U.S.C. Section 1350, as  adopted  pursuant to Section
906 of the Sarbanes-Oxley  Act  of  2002,  that:

(1)     The  Report  fully  complies  with  the requirements of section 13(a) or
15(d)  of  the  Securities  Exchange  Act  of  1934,  as  amended;  and

(2)     The information contained in the Report fairly presents, in all material
respects,  the  financial  condition  and  results of operations of the Company.

Date:  November 10, 2005      By  /s/  Thomas Mills
                                 Thomas Mills
                                 President  &  Chief  Financial  Officer
Exhibit 4.4

 



001 RA   PHARMACEUTICALS, INC. INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE   $0.001 PAR VALUE PER SHARE SEE REVERSE FOR CERTAIN DEFINITIONS This Certifies   That is the owner of Fully Paid and Non-Assessable Common Stock, $0.001 Par   Value of RA PHARMACEUTICALS, INC. transferable on the books of this   Corporation in person or by attorney upon surrender of this Certificate duly   endorsed or assigned. This Certificate and the shares represented hereby are   subject to the laws of the State of Delaware, and to the Certificate of   Incorporation and the Bylaws of the Corporation, as now or hereafter amended.   This Certificate is not valid until countersigned by the Traensfer Agent. IN   WITNESS WHEREOF, the Corporation has caused this Certificate to be signed by   the facsimile signatures of its duly authorized officers and to be sealed   with the facsimile seal of the Corporation. Dated: E PRESIDENT SECRETARY   Countersigned: AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC 6201 15th   Avenue, Brooklyn, NY 11219 By _________________________________ Transfer   Agent and Registrar Authorized Officer CUSIP 74933V 10 8 


    




 










RA   PHARMACEUTICALS, INC. AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC   TRANSFER FEE: AS REQUIRED The following abbreviations, when used in the   inscription on the face of this certificate, shall be construed as though   they were written out in full according to applicable laws or regulations:   TEN COM - as tenants in common TEN ENT - JT TEN-as tenants by the entireties   as joint tenants with right of survivorship and not as tenants in common UNIF   GIFT MIN ACT - Custodian (Cust) (Minor) under Uniform Gifts to Minors Act   (State) Additional abbreviations may also be used though not in the above   list. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE   FOR VALUE RECEIVED, hereby sell, assign and transfer unto PLEASE PRINT OR   TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF ASSIGNEE Shares of   the Common Stock represented by the within Certificate and do hereby   irrevocably constitute and appoint Attorney to transfer the said stock on the   books of the within-named Corporation, with full power of substitution in the   premises. Dated: 20 , Signature: X Signature(s) Guaranteed: Signature: X THE   SIGNATURE(S) TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME(S) AS WRITTEN   UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION OR   ENLARGEMENT OR ANY CHANGE WHATEVER. THE SIGNATURE(S) SHOULD BE GUARANTEED BY   AN ELIGIBLE GUARANTOR INSTITUTION (Banks, Stockbrokers, Savings and Loan Associations   and Credit Unions) WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE   MEDALLION PROGRAM, PURSUANT TO S.E.C. RULE 17Ad-15.
Exhibit 4.3


 


Consent of Independent Registered
Public Accounting Firm


We consent to the
reference made to our firm under the caption “Independent Registered Public Accounting Firm” in Part B of the Prospectus
and to the use of our report dated October 13, 2016, in this Registration Statement (Form S-6 No. 333-212823) of Smart Trust 272,
comprising Smart Trust, Dorsey Wright International Momentum Trust, Series 5.


 


	 	/s/ Grant Thornton LLP


 


Chicago, Illinois


October 13, 2016
Case No. 13,738.

#### In re TALLMADGE.

[Betts' Scr. Bk. 109.]

District Court, S. D. New York.

Dec., 1842.

Bankruptcy Proceedings — Parties.

LTlie stockholders of a creditor bank are not parties in interest, so as to be entitled to object to a decree.]

[In the matter of David B. Tallmadge, a bankrupt.]

Objections were interposed to a decree by the stockholders of the North American Trust & Banking Company, and the petitioner objects to such objections being received, on the ground that the stockholders of a creditor bank are not persons in interest.

BETTS, District Judge,

said: The court has on several occasions been called upon to consider the effect of the clause “others in interest” used in the bankrupt act, and determine whether particular classes of persons were comprehended within it, and has held that it is of broader signification than the term “creditors.” It has never, however, been understood to reach beyond interests, then in esse, which, without change of parties, or their relationship to each other, might arise and be recognized in law as entitled to a remedy and protection in the courts. Imaginary and merely possible cases cannot be legarded as contemplated or provided for in that phrase. For instance, the legal heirs of a creditor, during his life, could not be recognized as persons in interest, because of the. possibility of a failure of a future right to the debt. It must relate to those rights actually existing which may afford the basis of a remedy by course of law, without the accession of any additional title or authorization. — such as the right of cestuis que trustent to a debt made payable to a trustee or agent of heirs at law, and claims represented by executors, administrators, etc. The debt due a bank is due to the corporate person absolutely, and can only be represented or claimed by such corporation. There is no authority, express or implied, with the individual stockholders, and no power in them to act with respect to the debt, otherwise than through their corporate representation. Such individuals cannot. accordingly, be allowed to interpose and contest a bankrupt’s proceedings, because of that corporate debt.
No. 52949.

#### Washington State Liquor Control Board *v.*United States,

protest 133371-K (Seattle).

Opinion by

Johnson, J.

For the reasons stated in *Austin, Nichols & Co., Inc.*v. *United States*(22 Cust Ct. 33, C. D. 1155), the claim of the plaintiff was sustained. The protest was overruled in all other respects.
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of Luna Innovations Incorporated (the Company) on Form 10-Q for the period ending
March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Dale E. Messick, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to
§ 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(1) The Report fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly
presents, in all material respects, the financial condition and results of operations of the Company.



|                       
|-----------------------
|                       
|/S/ DALE E. MESSICK    
|Dale E. Messick        
|Chief Financial Officer

May 17,
2010
UNITED STATES DISTRICT COURT

 EASTERN DISTRICT OF CALIFORNIA

JEFFREY MARSHALL, 

Plaintiff,

 v.

CASTRO, et al.,

Defendants.

Case No. 2:04-cv-01657-AK

ORDER

Plaintiff Jeffrey Marshall is proceeding pro se in a civil rights action under 42

U.S.C. § 1983. This court has reviewed the record and finds that appointment of counsel is

warranted. Scott DeVries has been selected from the Court’s pro bono attorney panel and

is appointed as pro bono counsel in this matter. The court thanks counsel for accepting the

appointment.

If plaintiff agrees to be represented by counsel, counsel shall file a Notice of

Association of Counsel within thirty days of this order. If plaintiff rejects the appointment

of counsel, counsel shall notify the court in writing within thirty days and counsel will be

allowed to withdraw so plaintiff may proceed pro se.

The Clerk of the Court is directed to serve a copy of this order upon plaintiff Jeffrey

Marshall and upon Scott DeVries, Winston & Strawn LLP, 101 California Street, San

Francisco, California 94111.

A

ALEX KOZINSKI

Chief Circuit Judge

Sitting by designation

May 19, 2010

Case 2:04-cv-01657-AK Document 191 Filed 05/20/10 Page 1 of 1
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

___________________________

No. 02

- 18

- 00308

- CR

___________________________

On Appeal from the 30th District Court

Wichita County, Texas

Trial Court No. 60154

- A

Before W alker, Meier , and G abriel , JJ.

Per Curiam Memorandum Opinion 

### E X PARTE 

### C OCSHI 

### R OBINSON2 MEMORANDUM OPINION AND JUDGMENT

Appellant has moved to dismiss h is appeal . Because we have not yet decided

this case, we grant the motion and dismiss the appeal. See Tex. R. App. P. 42.2(a),

43.2(f).

Per Curiam

Do Not Publish

Tex. R. App

. P. 47.2(b)

Delivered: October 4, 2018
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

LEWIS JENKINS,

Petitioner, No. CIV S-04-1656 FCD GGH P

vs.

STEVEN CAMBRA, et al.,

Respondent. ORDER

 /

Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus

pursuant to 28 U.S.C. § 2254. This action is on appeal to the Ninth Circuit Court of Appeals.

Petitioner originally filed this action in the United States District Court for the

Northern District of California. On July 6, 2004, the Northern District appointed counsel to

represent petitioner and ordered respondent to file an answer to the petition. On August 6, 2004,

the Northern District transferred this action to this court. On April 24, 2006, this court denied

petitioner’s application for petition for writ of habeas corpus and judgment was entered.

In his May 28, 2004, motion for appointment of counsel, petitioner also included

an application to proceed in forma pauperis. While the Northern District did not explicitly grant

this application when it granted petitioner’s motion for appointment of counsel, this court finds

that it implicitly did so. 

Case 2:04-cv-01656-FCD-GGH Document 30 Filed 05/30/06 Page 1 of 2
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Accordingly, IT IS HEREBY ORDERED that on July 6, 2004, the United States

District Court for the Northern District of California granted petitioner’s May 28, 2004,

application to proceed in forma pauperis.

DATED: 5/30/06

/s/ Gregory G. Hollows

 

GREGORY G. HOLLOWS

 UNITED STATES MAGISTRATE JUDGE

ggh:kj

jenk1656.ifp

Case 2:04-cv-01656-FCD-GGH Document 30 Filed 05/30/06 Page 2 of 2
EXHIBIT 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION
                      906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the Quarterly Report of Elite Pharmaceuticals, Inc. (the
"Company") on Form 10-Q for the quarter ended  September 30, 2006 filed with the
Securities  and Exchange  Commission  (the  "Report"),  I, Bernard  Berk,  Chief
Executive Officer of the Company,  certify, pursuant to 18 U.S. C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

     (1)   The Report fully complies with the  requirements  of Section 13(a) of
           the Securities Exchange Act of 1934; and

     (2)   The  information  contained  in the Report  fairly  presents,  in all
           material  respects,  the  consolidated  financial  condition  of  the
           Company  as of the dates  presented  and the  consolidated  result of
           operations of the Company for the periods presented.

                                  /s/ Bernard Berk
Date: November 14, 2006           ---------------------------------
                                  Bernard Berk
                                  Chief Executive Officer of
                                  Elite Pharmaceuticals, Inc.

This  certification  has been  furnished  solely  pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.

A signed  original of this  written  statement  required by Section 906 has been
provided  to  Elite  Pharmaceuticals,   Inc.  and  will  be  retained  by  Elite
Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.
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United States District Court

Eastern District of California 

Antoine N. Watie,

Petitioner, No. Civ. S 04-1289 FCD PAN P

vs. Order

Thomas L. Carey, et al.,

Respondents.

-oOoAugust 15, 2005, petitioner requested an extension of time

to file and serve a reply, stating respondent is not opposed. 

Petitioner’s request is granted and time is extended until 30

days from the date this order is signed. No further extensions

will be granted absent a showing of manifest injustice.

So ordered.

Dated: August 16, 2005. 

 /s/ Peter A. Nowinski 

 PETER A. NOWINSKI

 Magistrate Judge

Case 2:04-cv-01289-FCD-CHS Document 36 Filed 08/17/05 Page 1 of 1
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-5027

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DAVID A. WILLIAMS,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of Virginia, at Charlottesville. Norman K. Moon, District

Judge. (3:03-cr-00120)

Submitted: October 17, 2006 Decided: October 19, 2006

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

J. Lloyd Snook, III, SNOOK & HAUGHEY, P.C., Charlottesville,

Virginia, for Appellant. John L. Brownlee, United States Attorney,

Donald R. Wolthuis, Assistant United States Attorney, Roanoke,

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

A jury convicted David A. Williams of possession of a

firearm by a previously convicted felon, a violation of 18 U.S.C.

§ 922(g)(1) (2000). The district court sentenced Williams to

sixty-three months’ imprisonment under the then-mandatory

sentencing guidelines. The sentencing court also imposed an

identical alternative sentence, pursuant to United States v.

Hammoud, 378 F.3d 426 (4th Cir.) (order), opinion issued by 381

F.3d 316 (4th Cir. 2004) (en banc), vacated, 543 U.S. 1097 (2005),

on remand, 405 F.3d 1034 (4th Cir. 2005). Williams appeals,

contending his sentence violated United States v. Booker, 543 U.S.

220 (2005).

The Sixth Amendment error in this case, if any, was

harmless because the district court imposed an identical

alternative sentence in accordance with Hammoud. See United

States v. Shatley, 448 F.3d 264, 267 (4th Cir. 2006). The district

court’s alternative sentence was within the range recommended by

the sentencing guidelines, and this court takes the district court

at its word when it states it would impose the same sentence under

the advisory guideline system. See id. at 267-68. Therefore, we

presume the district court properly considered the sentencing

factors set forth in 18 U.S.C.A. § 3553(a) (West 2000 & Supp.

2005), as required by United States v. Hughes, 401 F.3d 540, 546-56

(4th Cir. 2005); United States v. Green, 436 F.3d 449 (4th Cir.)
- 3 -

cert. denied, 126 S. Ct. 2309 (2006); and United States v.

Moreland, 437 F.3d 424 (4th Cir. 2006). Shatley, 448 F.3d at 268.

Accordingly, we affirm Williams’ sentence. We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED
Before the Third Division,

December 8, 1955

No. 59541.

protest 235864-K (New York).

#### Marino Bros. *v.*United States,

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of Pecorino (sheep’s milk) cheese similar in all material respects to that the subject of *Fontana Hollywood Corp.*v. *United States*(30 Cust. Ct. 98, C. D. 1503), the claim of the plaintiff was sustained.
No. 57275.

protests 696599-G, etc. (New York).

#### Cantor & Angel, Inc., et al. *v.*United States,

*434Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the-kidskin plates are similar in all material respects to those the subject of *Kung Chen Fur Corpn.*v. *United States*(29 Cust. Ct. 266, C. D. 1480), the claim for free entry under paragraph 1681'was sustained.

Ford, J., concurred.

Mollison, J., dissented for the reasons set forth in his dissenting opinion inC. D. 1480, *supra.*
Exhibit 32.1





CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Amendment to Quarterly Report of Elite Pharmaceuticals, Inc. (the “Registrant”) on Form 10-Q/A for the quarter ended September 30, 2010 filed with the Securities and Exchange Commission (the “Report”), I, Jerry Treppel, Chief Executive Officer of the Registrant, certify, pursuant to 18 U.S. C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(1)      The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and





(2)      Information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Registrant.





Date: April 26, 2011
/s/ Jerry TreppelJerry TreppelChief Executive Officerof Elite Pharmaceuticals, Inc.(Principal Executive Officer)





This certification has been furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.





A signed original of this written statement required by Section 906 has been provided to Elite Pharmaceuticals, Inc. and will be retained by Elite Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.