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

Exhibit 10.1


FIRST AMENDMENT TO SECOND AMENDED AND RESTATED BUSINESS MANAGEMENT AGREEMENT
This FIRST AMENDMENT TO SECOND AMENDED AND RESTATED BUSINESS MANAGEMENT AGREEMENT (this “Amendment”), effective as of August 1, 2021, is made and entered into by and between Diversified Healthcare Trust, a Maryland real estate investment trust (the “Company”), and The RMR Group LLC, a Maryland limited liability company (the “Manager”).
WHEREAS, the Company and the Manager are parties to that certain Second Amended and Restated Business Management Agreement, dated as of June 5, 2015 (the “Business Management Agreement”); and
WHEREAS, the Company and the Manager wish to amend certain provisions of the Business Management Agreement as hereinafter provided;
NOW, THEREFORE, in consideration of the mutual agreements herein set forth, the parties hereto agree as follows:
1.The definition of “SNL Index” included in Section 11 of the Business Management Agreement shall be replaced in its entirety by the following:
“Index” shall mean (i) the SNL U.S. REIT Healthcare Index, as published from time to time, for all periods ending prior to August 1, 2021 and (ii) the MSCI U.S. REIT/Health Care REIT Index, as published from time to time, for all periods beginning on or after August 1, 2021.
2.The Business Management Agreement shall be amended by deleting all references therein to “SNL Index” and replacing them with references to the “Index”.
3.As amended hereby, the Business Management Agreement shall remain in full force and effect.
4.The provisions of this Amendment shall be governed by and construed in accordance with the laws of the State of Maryland.
5.This Amendment may be executed in separate counterparts, each of such counterparts shall for all purposes be deemed to be an original and all such counterparts shall together constitute but one and the same instrument.


[Signature page follows]














IN WITNESS WHEREOF, the parties have caused this Amendment to be executed and delivered by their respective duly authorized officers, as of the date first written above.
															
	DIVERSIFIED HEALTHCARE TRUST
	
	By:	/s/ Jennifer F. Francis
		Name: Jennifer F. Francis
		Title: President and Chief Operating Officer
					
	THE RMR GROUP LLC
					
	By:	/s/ Matthew P. Jordan
		Name: Matthew P. Jordan
		Title: Executive Vice President, Chief Financial Officer and Treasurer


[Signature Page to First Amendment to Second Amended and Restated Business Management Agreement]
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           4,807
<SECURITIES>                                         0
<RECEIVABLES>                                   55,412
<ALLOWANCES>                                     1,223
<INVENTORY>                                     49,898
<CURRENT-ASSETS>                               130,276
<PP&E>                                         145,844
<DEPRECIATION>                                  74,746
<TOTAL-ASSETS>                                 230,220
<CURRENT-LIABILITIES>                           71,528
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        21,363
<OTHER-SE>                                      99,764
<TOTAL-LIABILITY-AND-EQUITY>                   230,220
<SALES>                                        126,136
<TOTAL-REVENUES>                               126,136
<CGS>                                           81,007
<TOTAL-COSTS>                                   81,007
<OTHER-EXPENSES>                                37,446
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,216
<INCOME-PRETAX>                                  5,467
<INCOME-TAX>                                     2,272
<INCOME-CONTINUING>                              3,195
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,195
<EPS-PRIMARY>                                     0.19
<EPS-DILUTED>                                     0.19
        

</TABLE>
Exhibit 32(a)


              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  on Form 10-Q of Con-way Inc. (the
"Company") for the period ended September 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Douglas W. Stotlar, 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 to the best of my knowledge:

   (1)The Report fully complies with the requirements of section 13(a) or
     15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
     and

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


Dated:  November 8, 2006


/s/  Douglas W. Stotlar
--------------------------
Name:  Douglas W. Stotlar
Title:  Chief Executive Officer






                                                                Exhibit 32(b)

              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 on Form 10-Q of Con-way Inc. (the
"Company") for the period ended September 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Kevin C. Schick, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Sectio 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

   (1)The Report fully complies with the requirements of section 13(a) or
     15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
     and

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


Dated:  November 8, 2006


/s/  Kevin C. Schick
------------------------
Name:  Kevin C. Schick
Title:  Chief Financial Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONTINENTAL
INFORMATION SYSTEMS CORPORATION AS OF AND FOR THE THREE MONTHS ENDED AUGUST 31,
2000. (IN THOUSANDS, EXCEPT PER SHARE AMOUNTS)
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAY-31-2001
<PERIOD-START>                             JUN-01-2000
<PERIOD-END>                               AUG-31-2000
<CASH>                                           3,919
<SECURITIES>                                         0
<RECEIVABLES>                                      469
<ALLOWANCES>                                     (108)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 4,280
<PP&E>                                             235
<DEPRECIATION>                                       9
<TOTAL-ASSETS>                                  13,415
<CURRENT-LIABILITIES>                              553
<BONDS>                                            147
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            71
<OTHER-SE>                                      35,129
<TOTAL-LIABILITY-AND-EQUITY>                    13,415
<SALES>                                             58
<TOTAL-REVENUES>                                   282
<CGS>                                               50
<TOTAL-COSTS>                                    1,148
<OTHER-EXPENSES>                                    53
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   4
<INCOME-PRETAX>                                  (866)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (866)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (866)
<EPS-BASIC>                                     (0.13)
<EPS-DILUTED>                                   (0.13)


</TABLE>
Exhibit 12





AMERICAN GENERAL FINANCE CORPORATION AND SUBSIDIARIES

Computation of Ratio of Earnings to Fixed Charges

(Unaudited)







|Three Months Ended March 31,                       | 2006     | 2005    
|-------------------------------------------------- | -------- | --------
|(dollars in thousands)                             |          | Restated
|Earnings:
Income before provision for income taxes | $199,304 | $225,876
|Interest expense                                   | 254,086  | 190,509 
|Implicit interest in rents                         | 4,983    | 4,588   
|Total earnings                                     | $458,373 | $420,973
|Fixed charges:
Interest expense                    | $254,086 | $190,509
|Implicit interest in rents                         | 4,983    | 4,588   
|Total fixed charges                                | $259,069 | $195,097
|Ratio of earnings to fixed charges                 | 1.77     | 2.16    





36
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                             DEC-31-1997
<PERIOD-START>                                 JAN-1-1997
<PERIOD-END>                                  SEP-30-1997
<CASH>                                              9,655
<SECURITIES>                                            0
<RECEIVABLES>                                   6,090,667
<ALLOWANCES>                                      222,487
<INVENTORY>                                     9,980,527
<CURRENT-ASSETS>                               16,435,254
<PP&E>                                          8,863,768
<DEPRECIATION>                                  7,153,177
<TOTAL-ASSETS>                                 20,622,508
<CURRENT-LIABILITIES>                           7,976,365
<BONDS>                                         1,998,623
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                        3,779,730
<OTHER-SE>                                      6,867,790
<TOTAL-LIABILITY-AND-EQUITY>                   20,622,508
<SALES>                                        13,280,759                  
<TOTAL-REVENUES>                               13,280,759
<CGS>                                           9,564,334
<TOTAL-COSTS>                                   9,564,334
<OTHER-EXPENSES>                                3,992,706                  
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                398,322
<INCOME-PRETAX>                                 (674,603)
<INCOME-TAX>                                      256,349
<INCOME-CONTINUING>                             (418,254)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0                  
<NET-INCOME>                                    (418,254)
<EPS-PRIMARY>                                       (.28)
<EPS-DILUTED>                                       (.28)
        

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

<ARTICLE> 5
<RESTATED> 
<CIK> 0000025757
<NAME> CROMPTON & KNOWLES CORPORATION
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-27-1997
<PERIOD-END>                               JUN-28-1997
<CASH>                                          28,637
<SECURITIES>                                         0
<RECEIVABLES>                                  291,765
<ALLOWANCES>                                     8,493
<INVENTORY>                                    362,149
<CURRENT-ASSETS>                               768,583
<PP&E>                                         476,768
<DEPRECIATION>                                 398,259
<TOTAL-ASSETS>                               1,635,136
<CURRENT-LIABILITIES>                          355,079
<BONDS>                                        993,237
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,733
<OTHER-SE>                                    (57,392)
<TOTAL-LIABILITY-AND-EQUITY>                 1,635,136
<SALES>                                        968,015
<TOTAL-REVENUES>                               968,015
<CGS>                                          617,010
<TOTAL-COSTS>                                  819,540
<OTHER-EXPENSES>                                   781
<LOSS-PROVISION>                                 1,093
<INTEREST-EXPENSE>                              53,534
<INCOME-PRETAX>                                 94,160
<INCOME-TAX>                                    35,781
<INCOME-CONTINUING>                             58,379
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (1,227)
<CHANGES>                                            0
<NET-INCOME>                                    57,152
<EPS-PRIMARY>                                     0.78<F1>
<EPS-DILUTED>                                     0.76<F2>
<FN>
<F1>Reflects Basic earnings per share. Restated for FAS 128.
<F2>Restated for FAS 128.
</FN>
        

</TABLE>
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 Annual Report of CRYO-CELL International, Inc. (the Company) on Form 10-KSBfor the year ended November 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Mercedes Walton, Chief Executive Officer of the Company and I, Jill M. Taymans, 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 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/ Mercedes Walton                              
| |  | Mercedes Walton                                  
| |  | Interim Chief Executive Officer                  
| | 
| |  | March 1, 2004                                    
| | 
| |  | /s/ Jill M. Taymans                              
| |  | Jill M. Taymans                                  
| |  | Vice President, Finance (Chief Financial Officer)
| | 
| |  | March 1, 2004
I 

116TH CONGRESS 

2D SESSION H. R. 6995 

To prohibit the Administrator of General Services from setting Continental 

United States (CONUS) per diem-reimbursements rates below a certain 

level, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2020 

Mr. POSEY (for himself and Mr. CRIST) introduced the following bill; which 

was referred to the Committee on Oversight and Reform 

A BILL 

To prohibit the Administrator of General Services from setting Continental United States (CONUS) per diem-reimbursements rates below a certain level, and for other 

purposes. 

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

3 SECTION 1. CONTINENTAL UNITED STATES (CONUS) PER 

4 DIEM–REIMBURSEMENT RATES. 

5 Notwithstanding in any other provision of law, in set6 ting the per diem rates for fiscal years 2021 to 2022 pur7 suant to sections 5702 and 5707 of title 5, United States 

8 Code, the Administrator of General Services may not set 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 6995 IH

1 a lodging allowance rate for any location within the Conti2 nental United States at a level that is less than the rate 

3 set by GSA Per Diem Bulletin FTR 20–01, dated August 

4 8, 2019. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
3-21-2023 Version 1

Emergency Capital Investment Program

Required Certifications

FORM OF PROCESS AND CONTROLS ATTESTATION OF INDEPENDENT 

AUDITOR

SUPPLEMENTAL REPORT PROCESS AND CONTROLS ATTESTATION OF

[RECIPIENT]’S INDEPENDENT AUDITOR

In connection with that certain Letter Agreement, dated [ ], 20[ ] (the “Agreement”) 

by and between [RECIPIENT] (the “Recipient”) and the United States Department of the Treasury 

(the “Investor”), the undersigned does hereby attest as follows:

1. I am the independent auditor for Recipient.

2. The processes and controls used to generate the Supplemental Reports for the Recipient’s 

fiscal year ending [ ], 20[ ] are satisfactory.

3. The undersigned and the Recipient understand that a knowing and willful false or 

fraudulent statement made in connection with this certification may be punished by fine, 

imprisonment, or both. (See, for example, 18 U.S.C. 1001).

The foregoing attestations are made and delivered as of [ ] pursuant to 

Section 4.1(d)(ii) of the Agreement.

Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them 

in the Agreement unless otherwise stated.

[Signature page follows]
3-21-2023 Version 1

IN WITNESS WHEREOF, this Attestation has been duly executed and delivered as of the [ ] 

day of [ ], 20[ ]. 

[RECIPIENT]

By: 

Name:

Title:

Paperwork Reduction Act Notice. 

OMB Approval No.: 1505-0275

Expiration Date:June 30, 2026

The information collected will be used for the U.S. Government to process requests for support. 

The estimated burden associated with this collection of information is 10 minutes per response.

Comments concerning the accuracy of this burden estimate and suggestions for reducing this

burden should be directed to the Office of Privacy, Transparency andRecords, Department of the 

Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to

this address. An agency may not conduct or sponsor, and a person is not required to respond to, a

collection of information unless it displays a valid control number assigned by OMB.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                  9-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          594000
<SECURITIES>                                         0
<RECEIVABLES>                                 10603000
<ALLOWANCES>                                    143000
<INVENTORY>                                    7225000
<CURRENT-ASSETS>                              28991000
<PP&E>                                        17177000
<DEPRECIATION>                                11378000
<TOTAL-ASSETS>                                36402000
<CURRENT-LIABILITIES>                         21314000
<BONDS>                                              0
<COMMON>                                         23000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     9362000
<TOTAL-LIABILITY-AND-EQUITY>                  36402000
<SALES>                                       48865000
<TOTAL-REVENUES>                              48865000
<CGS>                                         43298000
<TOTAL-COSTS>                                 43298000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              768000
<INCOME-PRETAX>                                (350000)
<INCOME-TAX>                                     45000
<INCOME-CONTINUING>                            (395000)
<DISCONTINUED>                                 (407000)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (802000)
<EPS-BASIC>                                    (0.35)
<EPS-DILUTED>                                    (0.35)




</TABLE>
Exhibit 32(b)

                          Section 1350 Certification
                                    of
                             Mark E. Maddocks

     I certify that the Quarterly Report of Dataram Corporation with
which this Certification is furnished fully complies with the
requirements of Section 13(a) of the Securities Exchange Act of 1934,
as amended, and that the information contained in the periodic report
fairly presents, in all material respects, the financial condition and
results of operations of Dataram Corporation.



December 11, 2006                  MARK E. MADDOCKS

                                   _______________________

                                   Mark E. Maddocks
                                   Vice President, Finance and
                                   Chief Financial Officer
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

EVOLUTION, THE SALON SOURCE INC., individually, and as a 50% owner, in and on behalf of TRU STAR SALON SERVICES, LLC (d/b/a or a/k/a TRUSTAR SALON SERVICES LLC)
, Appellant s ,

v.

JEFFR EY EVAN COHEN, et al., Appellee s

.

No. 4D 21

- 3195

[ September 1, 2022 ]

Appeal of a non

- final order from the C ircuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Paige Hardy Gillman

, Judge; L.T.

Case No. 50202 1 CA 006688

.

Michael H. Maizes of Ma izes & Maizes LLP, Boca Raton

, Mark D. Gilwit of Gilwit Law, Boca Raton, Adam M. Balkan of Balkan & Patterson, LLP, Boca Raton, and Carlos F. Osorio, Warren Daniel Zaffuto and Andres F. Rey of Osorio Internacional, P.A., Miami, for appellant s

.

Jeffrey A. Hirsch, Paul B. Ranis and John L. McManus of Greenberg Traurig, P.A., Fort Lauderdale, and Brigid F. Cech Samole and Katherine M. Clemente of Greenberg Traurig, P.A., Miami

, fo r appellee s

.

P ER C URIAM

.

Affirmed.

C IKLIN , F ORST and K UNTZ
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit 99.2

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



I, Thomas N. Chewning, Chief Financial Officer of Consolidated Natural Gas Company (the Company), certify that:

1. the Quarterly Report on Form 10-Q of the Company to which this certification is an exhibit for the quarter ended September 30, 2002 (the "Report") fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)).
2. the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of September 30, 2002 and for the period then ended.



|/s/ Thomas N. Chewning                                     
|-----------------------------------------------------------
|Thomas N. Chewning
Chief Financial Officer
November 8, 2002