alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit
4.7


 


Description
of Securities


 


Description
of Capital Stock


 


General


 


The
following is a summary of information concerning capital stock of Surna Inc. (“Company”). The summaries and descriptions
below do not purport to be complete statements of the relevant provisions of the Company’s Articles of Incorporation (“Charter”)
and Amended and Restated By-laws (the “By-laws”), and are entirely qualified by these documents.


 


Common
Stock (“Common Stock”)


 


Dividends.
Subject to prior dividend rights of the holders of any shares of preferred stock of the Company (“Preferred Stock”),
holders of shares of Common Stock are entitled to receive dividends when, as and if declared by the Company’s Board of Directors
(the “Board”) out of funds legally available for that purpose.


 


Voting
Rights. Each share of Common Stock is entitled to one vote on all matters submitted to a vote of stockholders. Holders of shares
of Common Stock do not have cumulative voting rights. The holders of a majority of the shares of Common Stock present and entitled
to vote in the election of directors can elect all directors standing for election.


 


Other
Rights. In the event of any liquidation, dissolution or winding up of the Company, after the satisfaction in full of the liquidation
preferences of holders of any shares of Preferred Stock, holders of shares of Common Stock are entitled to ratable distribution
of the remaining assets available for distribution to stockholders. The shares of Common Stock are not subject to redemption by
operation of a sinking fund or otherwise. Holders of shares of Common Stock are not currently entitled to pre-emptive rights.


 


Fully
Paid. The issued and outstanding shares of Common Stock are fully paid and non-assessable. Any additional shares of Common Stock
that the Company may issue in the future will also be fully paid and non-assessable.


 


Preferred
Stock


 


The
Company has one class of issued and outstanding Preferred Stock that is designated the Series A Preferred Stock.


 


Series
A Preferred Stock


 


Rank.
The Series A Preferred Stock ranks superior to all other classes, including the Common Stock


 


Dividends.
The Series A Preferred Stock is not entitled to dividends.


 


Liquidation
Preference. Each holder of Series A Preferred Stock shall be entitled to receive, for each share thereof, out of assets of the
Corporation legally available therefore, a preferential amount in cash, per share of Preferred Stock, equal to (and not more than)
the sum of the (x) stated value, plus (y) all accrued and unpaid dividends thereon. The stated value is not determined. Therefore,
there is no liquidation preference as there is no stated value or dividend entitlement.


 


Voting.
The holders of Series A Preferred Stock shall have one vote per share of Series A Preferred Stock equivalent to one vote of the
Common Stock. This is interpreted to mean that the Series A Preferred Stock votes with the Common Stock.


 


Conversion
Rights. The Series A Preferred Stock is not convertible into Common Stock.


 


Preemption
Rights. The Series A Preferred Stock does not have preemptive rights.
<PAGE>   1

                                                                    EXHIBIT 11.4

                             WEBLINK WIRELESS, INC.
                    COMPUTATION OF PER SHARE EARNINGS (LOSS)

<TABLE>
<CAPTION>
                                                                          SIX MONTHS ENDED JUNE 30, 1999
                                                       -------------------------------------------------------------------
                                                           NUMBER                   PERCENT                  EQUIVALENT
                                                          OF SHARES               OUTSTANDING                  SHARES
                                                       ---------------           ---------------           ---------------
<S>                                                    <C>                       <C>                       <C>
COMMON STOCK
   From Founders' Stock                                      2,300,000                    100.00%                2,300,000
   Stock Options Exercised                                   1,074,725                     99.07%                1,064,695
   Preferred Stock Converted to Common Stock                15,310,943                    100.00%               15,310,943
   1994 Common Stock Offerings                              11,242,857                    100.00%               11,242,857
   1995 Common Stock Offerings                               4,323,874                    100.00%                4,323,874
   1996 Common Stock Offering                                6,000,000                    100.00%                6,000,000
   Employee Stock Purchase Plan Shares Issued                  127,399                     87.12%                  110,987
   1997 Warrants Exercised                                      49,450                    100.00%                   49,450
                                                       ---------------                                     ---------------
                                                            40,429,248                                          40,402,806

WEIGHTED AVERAGE SHARES OUTSTANDING                                                                             40,402,806

NET LOSS                                                                                                   $   (50,550,825)

NET LOSS PER SHARE                                                                                         $         (1.25)
                                                                                                           ===============
</TABLE>
#### The People of the State of New York ex rel. Donald D. Davis, Appellant, v Warden of Rikers Island Correctional Facility et al., Respondents.

[735 NYS2d 778]

Order, Supreme Court, Bronx County (Robert Straus, J.), entered on or about January 11, 2001, which denied petitioner’s application for a writ of habeas corpus seeking to vacate a parole revocation warrant and dismissed the petition, unanimously affirmed, without costs.

Substantial evidence supports the probable cause finding *(see, Matter of Bulger v Board of Parole,*183 AD2d 451, 452; Executive Law § 259-i [3] [c] [iv]). The habeas court correctly declined to disturb the hearing officer’s credibility determinations. Petitioner’s procedural contentions are academic since he declines to seek a new hearing, which would be his remedy for the alleged violations *(see, Matter of Town of Wallkill v New York State Bd. of Real Prop. Servs.,*274 AD2d 856, 858, *lv denied*95 NY2d 770). Were we to reach those arguments, we would reject them. Concur — Ellerin, J.P., Lerner, Rubin, Buckley and Friedman, JJ.
Exhibit 10.14

Board Compensation for Directors*
​
	​


	​



	Type of Compensation
	Amount

	Board Cash Retainer+
	Fiscal 2020: $35,000, payable quarterly on the last day of each fiscal quarter, commencing January 1, 2020+

	Board Meeting Fees
	$1,500 for each meeting attended

	Committee Meeting Fees
	$1,000 for each substantive meeting of the Audit Committee attended

	​
	$3,500 for each substantive meeting of the Conflicts Committee attended

	Committee Chair Retainer
	$3,500 for Audit Committee Chair, payable quarterly on the last day of each fiscal quarter+

	​
	$2,500 for Conflicts Committee Chair, payable quarterly on the last day of each fiscal quarter+

	Other Benefits
	Independent Directors are eligible to participate in a basic health benefits package similar to that available to Evolve employees.



	*
	Includes all persons serving as Independent Directors as of the beginning of each quarterly period.


	+
	For any person who ceases to serve during the fiscal quarter prior to such payment date, such person shall receive a pro rata amount for the portion of the fiscal quarter so served.
<PAGE>

                                                                    EXHIBIT 32.2

                            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 Evergreen Solar, Inc. (the "Company")
on Form 10-Q for the period ending September 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Richard
G. Chleboski, 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 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/ Richard G. Chleboski

---------------------------------

Richard G. Chleboski
Chief Financial Officer
November 12, 2003
Exhibit 7.1

Financial ratios



|                                                     |  |  |      |  |  |  |      |  |  |  |      |  |  |  |      |  |  |  |      | 
|---------------------------------------------------- |  |  | ---- |  |  |  | ---- |  |  |  | ---- |  |  |  | ---- |  |  |  | ---- | 
|Year ended 31 March                                  |  |  | 2015 |  |  |  | 2014 |  |  |  | 2013 |  |  |  | 2012 |  |  |  | 2011 | 
|Return on capital employeda                          |  |  |      |  |  |  |      |  |  |  |      |  |  |  |      |  |  |  |      | 
|Adjustedb  %                                        |  |  | 25.2 |  |  |  | 22.9 |  |  |  | 22.1 |  |  |  | 20.4 |  |  |  | 18.5 | 
|Reported  %                                         |  |  | 23.6 |  |  |  | 21.1 |  |  |  | 20.6 |  |  |  | 19.3 |  |  |  | 16.7 | 
|Interest coverc                                      |  |  |      |  |  |  |      |  |  |  |      |  |  |  |      |  |  |  |      | 
|Adjustedb  times                                    |  |  | 6.7  |  |  |  | 5.8  |  |  |  | 5.1  |  |  |  | 4.5  |  |  |  | 3.4  | 
|Reported  times                                     |  |  | 4.1  |  |  |  | 3.8  |  |  |  | 3.8  |  |  |  | 3.7  |  |  |  | 2.0  | 
|Net debt to adjusted EBITDAb  times                 |  |  | 0.8  |  |  |  | 1.1  |  |  |  | 1.3  |  |  |  | 1.5  |  |  |  | 1.5  | 
|Capital expenditurec as a percentage of revenueb  % |  |  | 13.0 |  |  |  | 12.8 |  |  |  | 13.3 |  |  |  | 13.4 |  |  |  | 12.8 | 



|a | The ratio is based on profit before taxation and net finance expense to capital employed. Capital employed is represented by total assets less current liabilities (excluding corporation tax, current borrowings,
derivative financial liabilities and finance lease creditors) less deferred and current tax assets, retirement benefit asset, cash and cash equivalents, derivative financial assets and investments.
|- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|b | Before specific items.
|- | ----------------------

|c | The number of times net finance expense is covered by operating profit.
|- | -----------------------------------------------------------------------
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned hereby
certifies, in his capacity as an officer of Diedrich Coffee, Inc. (the Company), for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:



| |  |  | the Quarterly Report on Form 10-Q for the period ended December 9, 2009 (the Report) fully complies with the requirements of
Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and
| | - |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | - |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |                                           
|----------------------- |  | ------------------------------------------
|Dated: January 25, 2010 |  | /s/ Sean M. McCarthy                      
|                        |  | Sean M. McCarthy                          
|                        |  | Vice President and Chief Financial Officer

Note: A signed original of this written statement required by Section 906 has been provided to
Diedrich Coffee, Inc. and will be retained by Diedrich Coffee, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on a nd i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3. T he H onor abl e R a l ph R . B e i s t l i ne , C hi e f U ni t e d S t a t e s D i s tr i c tJ udge f or ** the D i s tr i c tof

A l a s ka , s i tt i ng byde s i gna t i on.

1 NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS F O R T H E N IN T H C IR C U IT UN I T E D S T AT E S OF AME R I C A,

P l ai nt i ff - A pp el l ee , v . J O SEPH FO RD PRO CTO R,

D e f e n d a n t - A p p e lla n t. N o. 12- 50054 D . C . N o. 2: 11 -c r- 00 02 5-G H K -1 ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e C e n tr a l D is tr ic t o f C a lif o rn ia G e or ge H . K i ng, D i s tr i c tJ udge , P r e s i di ng A r gue d a nd S ubm i tt e d M a r c h 7, 2013 P a s a d e n a , C a lif

o rn ia Be f o r e : HU RW I TZ , THOM AS, Ci r c u i tJ u d g e s , a n dBE I ST LI NE, C hi ef D i stri ct ** Judg e. J os e ph P r oc t orappe a l s as e nt e nc e on c onvi c t i ons f ortw o c ount s of subscr i bi ng t o a fa l se t ax re turn, 26 U . S . C . § 7 20 6(1), ar gu i ng thatthe di stri ctcourt 

# FI LED MA R 21 2013 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS2

m i sc al cul at ed the S ent enci ng G ui del i nes’ advi soryrang e of i ncar ce ra t i on before i m po si ng a s i xty- m on th sent ence . A do pt i ng the t ax-l oss det erm i nat i on sugg es t ed b y th e p ro b atio n o ff

ice, th e c o u rt fo u n dth at th e tax lo ss ca u se db y P ro cto r’s offe nses exce eded $4 00 , 00 0. 00 . D es pi t e notobj ec t i ng attri al , P roct or no w ar gu es tha tthe r e c or d doe s nots upportat a x- l os s f i ndi ng of m or e tha n $400, 000. 00, a nd th e c o rr e c t a d v is o ryr a n g e s h o u ldh a v e b e e n f o rty - o n e to f

if ty - o n e m o n th s . T he pa rt i e s now a gr e e tha tP r oc t or ’ s dom i c i l e w a s i n C a l i f orni adur i ng the 2002 a nd 2003 t a x y e a r s . B e c aus e the pa rt i e s di s a gr e e c onc e rni ng the i m pa c tthe d o m ic ile d e te rm in a tio n s h o u ldh a v e o n P r o c to r ’s s e n te n c e , th is m a tte ris V AC AT E D a nd R EM A N D ED for r es ent enci ng so thatthe di stri ctcourtm ay c o n s id e rth is is s u e in th e f ir s t in s ta n c e . A d d itio n a lly , P r o c to r ’s M o tio n to T ak e J u d ic ia l N o tic e f ile dJ u ly3 0 ,2 0 1 2 , is h ereb y G R A N TED .
**Exhibit
          21.1**
 
 Subsidiaries
          of Merchants and Manufacturers Bancorporation, Inc.
 
 The
          following bank subsidiaries are state banks and are organized under the
          laws of
          the State of Wisconsin.
 
 Lincoln
          State Bank
 Grafton
          State Bank
 Franklin
          State Bank
 Community
          Bank Financial
 The
          Reedsburg Bank
 Fortress
          Bank
 Wisconsin
          State Bank
 
 The
          following bank subsidiary is a state bank and is organized under the laws
          of the
          State of Iowa:
 
 Fortress
          Bank of Cresco
 
 The
          following bank subsidiary is a state bank and is organized under the laws
          of the
          State of Minnesota:
 
 Fortress
          Bank Minnesota
 
 The
          following non-bank subsidiaries are organized under the laws of the State
          of
          Wisconsin:
 
 Community
          Financial Group Financial Services, Inc.
 Community
          Financial Services, LLC.
 Keith
          C.
          Winters & Associates, LTD.
 Community
          Financial Group Mortgage, Inc.
 Lincoln
          Neighborhood Redevelopment Corporation
 Merchants
          Merger Corp.
 Merchants
          New Merger Corp.
 Community
          Financial Group, Inc.
 
 The
          following non-bank subsidiaries are organized under the laws of the State
          of
          Nevada:
 
 M&M
          Lincoln Investment Corporation
 Westby
          Investment Company, Inc.
 Reedsburg
          Investment Corp.
 GSB
          Investments, Inc.
 CBOC
          Investments, Inc.
 Random
          Lake Investments, Inc.
 
 
 All
          such
          subsidiaries are wholly owned, directly or indirectly, by Merchants and
          Manufacturers Bancorporation, Inc.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1100 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1100

 To amend the Energy Independence and Security Act of 2007 to repeal a 
   provision prohibiting Federal agencies from procuring alternative 
                                 fuels.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2013

 Mr. Barrasso (for himself, Mr. Manchin, Mr. Coats, Ms. Heitkamp, Mr. 
Enzi, Mr. Inhofe, and Mr. Hoeven) introduced the following bill; which 
  was read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 A BILL

 
 To amend the Energy Independence and Security Act of 2007 to repeal a 
   provision prohibiting Federal agencies from procuring alternative 
                                 fuels.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North American Alternative Fuels 
Act''.

SEC. 2. REPEAL OF PROHIBITION OF THE PROCUREMENT AND ACQUISITION OF 
              ALTERNATIVE FUELS.

    (a) In General.--Section 526 of the Energy Independence and 
Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17142) is repealed.
    (b) Conforming Amendment.--Section 30310 of title 51, United States 
Code, is repealed.
                                 <all>
```
IC 

113TH CONGRESS 

1ST SESSION S. 1093 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 2, 2013 

Referred to the Committee on Oversight and Government Reform 

AN ACT 

To designate the facility of the United States Postal Service 

located at 130 Caldwell Drive in Hazlehurst, Mississippi, 

as the ‘‘First Lieutenant Alvin Chester Cockrell, Jr. Post 

Office Building’’. 

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


emcdonald on DSK67QTVN1PROD with BILLS
2 

S 1093 RFH 

1 SECTION 1. FIRST LIEUTENANT ALVIN CHESTER 

2 COCKRELL, JR. POST OFFICE BUILDING. 

3 (a) DESIGNATION.—The facility of the United States 

4 Postal Service located at 130 Caldwell Drive in 

5 Hazlehurst, Mississippi, shall be known and designated as 

6 the ‘‘First Lieutenant Alvin Chester Cockrell, Jr. Post Of7 fice Building’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 

10 States to the facility referred to in subsection (a) shall 

11 be deemed to be a reference to the ‘‘First Lieutenant Alvin 

12 Chester Cockrell, Jr. Post Office Building’’. 

Passed the Senate August 1, 2013. 

Attest: NANCY ERICKSON, 

Secretary. 


emcdonald on DSK67QTVN1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<MULTIPLIER>                                     1,000
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-END>                               SEP-30-1996
<CASH>                                             553
<INT-BEARING-DEPOSITS>                           1,866
<FED-FUNDS-SOLD>                                 2,100
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     47,311
<INVESTMENTS-CARRYING>                           8,633
<INVESTMENTS-MARKET>                             8,726
<LOANS>                                         55,765
<ALLOWANCE>                                        679
<TOTAL-ASSETS>                                 119,865
<DEPOSITS>                                      91,019
<SHORT-TERM>                                     5,000
<LIABILITIES-OTHER>                              2,368
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            16
<OTHER-SE>                                      21,462
<TOTAL-LIABILITIES-AND-EQUITY>                 119,865
<INTEREST-LOAN>                                  2,326
<INTEREST-INVEST>                                1,767
<INTEREST-OTHER>                                   150
<INTEREST-TOTAL>                                 4,243
<INTEREST-DEPOSIT>                               2,012
<INTEREST-EXPENSE>                               2,022
<INTEREST-INCOME-NET>                            2,221
<LOAN-LOSSES>                                       20
<SECURITIES-GAINS>                                  11
<EXPENSE-OTHER>                                  1,983
<INCOME-PRETAX>                                    286
<INCOME-PRE-EXTRAORDINARY>                         286
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       328
<EPS-PRIMARY>                                     0.23
<EPS-DILUTED>                                     0.23
<YIELD-ACTUAL>                                    3.96
<LOANS-NON>                                        975
<LOANS-PAST>                                     1,195
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   654
<CHARGE-OFFS>                                        1
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  679
<ALLOWANCE-DOMESTIC>                               679
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>