alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
First Amendment to Contribution Agreement (operating partnership units)



 Exhibit 10.20 

FIRST AMENDMENT TO CONTRIBUTION AGREEMENT 

(OP Units) 

THIS FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (the “Amendment”) is made and entered into as of April 21, 2010 by
and among Excel Trust, L.P., a Delaware limited partnership (the “Operating Partnership”), S. Eric Ottesen (“Contributor”) and the entity or entities set forth on the signature page hereto (each a
“Contributor Entity,” and for purposes of this Amendment the term “Contributor” shall include Mr. Ottesen and the Contributor Entity, to the extent of Mr. Ottesen’s equity interest therein). Capitalized
terms used herein, but not otherwise defined, shall have the meaning set forth in the Contribution Agreement (as defined below). 

RECITALS 

Contributor and the Operating Partnership entered into that certain Contribution Agreement dated as of December 24, 2009 (the
“Contribution Agreement”) with respect to the contribution of the property referred to as Excel Centre by Contributor to the Operating Partnership in exchange for cash and/or partnership units in the Operating Partnership (the
“OP Units”), and deem it to be in their respective best interests to amend the Contribution Agreement as provided below. 

NOW, THEREFORE, for and in consideration of the foregoing premises, and the mutual undertakings set forth below, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 

TERMS OF AGREEMENT 

Section 1. Exhibit A. Contributor and the Operating Partnership agree that Exhibit A to the Contribution Agreement shall be
amended and restated as follows: 
 CONTRIBUTOR’S PARTICIPATING ENTITY INTERESTS 

 

					
	 Participating Entity
	  	 Properties to be Contributed by 
the Participating
Entity
	  	 Participating Entity Consideration

(Specify Amount of OP Units or Cash)

	 Excel Centre Partners, LLC
	  	Excel Centre	  	55,249 OP Units
	         Total Contributor Consideration
	  	55,249 OP Units


Section 2. Full Force and Effect. Except as amended hereby, the terms and provisions of the Contribution Agreement remain
unchanged, are and shall remain in full force and effect unless and until modified or amended in writing in accordance with their terms, and are hereby ratified and confirmed. 

Section 3. Miscellaneous. This Amendment shall be governed and construed on the same basis as the Contribution Agreement, as
set forth therein. This Amendment may be executed in one or more counterparts and by facsimile, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 







 IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written
above. 
  

			
	 “OPERATING PARTNERSHIP”
  

Excel Trust, L.P.,
 a Delaware limited
partnership
  
     By: Excel Trust, Inc.,

           a Maryland corporation, general partner

		
	By:	 	/s/ Spencer G. Plumb
	Name:	 	Spencer G. Plumb
	Title:	 	President and Chief Operating Officer


  

			
	“CONTRIBUTOR”
	
	/s/ S. Eric Ottesen
	S. Eric Ottesen
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 19 Engrossed in Senate (ES)]

113th CONGRESS
  1st Session
S. CON. RES. 19

_______________________________________________________________________

                         CONCURRENT RESOLUTION

    Resolved by the Senate (the House of Representatives concurring), 
That when the Senate recesses or adjourns on any day from Thursday, 
June 27, 2013, through Friday, July 5, 2013, on a motion offered 
pursuant to this concurrent resolution by its Majority Leader or his 
designee, it stand recessed or adjourned until 12:00 noon on Monday, 
July 8, 2013, or such other time on that day as may be specified by its 
Majority Leader or his designee in the motion to recess or adjourn, or 
until the time of any reassembly pursuant to section 2 of this 
concurrent resolution, whichever occurs first; and that when the House 
adjourns on any legislative day from Friday, June 28, 2013, through 
Friday, July 5, 2013, on a motion offered pursuant to this concurrent 
resolution by its Majority Leader or his designee, it stand adjourned 
until 2:00 p.m. on Monday, July 8, 2013, or until the time of any 
reassembly pursuant to section 2 of this concurrent resolution, 
whichever occurs first.
    Sec. 2.  The Majority Leader of the Senate and the Speaker of the 
House, or their respective designees, acting jointly after consultation 
with the Minority Leader of the Senate and the Minority Leader of the 
House, shall notify the Members of the Senate and House, respectively, 
to reassemble at such place and time as they may designate if, in their 
opinion, the public interest shall warrant it.

            Passed the Senate June 27, 2013.

            Attest:

                                                             Secretary.
113th CONGRESS

  1st Session

                            S. CON. RES. 19

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Providing for a conditional adjournment or recess of the Senate and an 
              adjournment of the House of Representatives.
```
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

TOBIAS C. CHAMBERS,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 544 EAL 2017

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 9th day of May, 2018, the Petition for Allowance of Appeal is 

DENIED.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED September 30, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-40446 Conference Calendar

UNITED STATES OF AMERICA Plaintiff - Appellee

v. JAVIER GARCIA-VARGAS Defendant - Appellant

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 7:03-CR-412-1

-------------------- ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before KING, Chief Judge, DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM: * This court affirmed the sentence of Javier Garcia-Vargas.
See United States v. Garcia-Vargas , No. 04-40446, 115 Fed. Appx. 288 (5th Cir. Dec. 17, 2004). The Supreme Court vacated and remanded for further consideration in light of United States v. Booker , 125 S. Ct. 738 (2005). We requested and received supplemental letter briefs addressing the impact of Booker
.No. 04-40446 -2- Garcia contends that the district court’s application of a sentencing guidelines enhancement based on the court’s finding that Garcia’s unlawful weapons possession occurred in connection with felony possession of marijuana violated the Sixth Amendment. He concedes that such argument is raised for the first time on appeal and is reviewable for plain error only. See United States
v. Mares , 402 F.3d 511, 520-21 (5th Cir. 2005), petition for cert. filed (U.S. Mar. 31, 2005) (No. 04-9517). As Garcia admits, the district court made no statements indicating that it would have imposed a lower sentence under an advisory guidelines regime. Accordingly, although the district court’s enhancement of Garcia’s sentence constitutes error that is plain, i.e., obvious, Garcia cannot demonstrate that the error affected his substantial rights. See id. at 521-22. Garcia correctly acknowledges that this court has rejected the argument that a Booker error is a structural error or that such error is presumed to be prejudicial. See United States v. Martinez-Lugo , 411 F.3d 597, 611 (5th Cir. 2005). He likewise concedes that our precedent forecloses his contention that application of Booker ’s remedial opinion to him violates the Ex Post Facto Clause. See United States v. Scroggins , 411 F.3d 572, 577 (5th Cir. 2005). He raises these arguments to preserve them for further review. Garcia’s reliance on the plain error analysis set forth in United States v. Dazey , 403 F.3d 1147 (10th Cir. 2005), is unavailing in light of Mares
.No. 04-40446 -3- Because nothing in the Supreme Court’s Booker decision requires us to change our prior affirmance in this case, we reinstate our judgment affirming Garcia’s conviction and
sentence.
AFFIRMED.
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<PAGE>

                                                                      EXHIBIT 21

                               COGNEX CORPORATION
                         SUBSIDIARIES OF THE REGISTRANT

At December 31, 2006, the registrant had the following subsidiaries, the
financial statements of which are all included in the consolidated financial
statements of the registrant:

<TABLE>
<CAPTION>
       NAME OF SUBSIDIARY          STATE/COUNTRY OF INCORPORATION   PERCENT OWNERSHIP
       ------------------          ------------------------------   -----------------
<S>                                <C>                              <C>
Cognex Technology and Investment
   Corporation                     California                              100%
Cognex Canada Technology, Inc.     California                              100%
Cognex Foreign Sales Corporation   Barbados                                100%
Cognex Distribution Corporation    Georgia                                 100%
AssistWare Technology, Inc.        Pennsylvania                            100%
Vision Drive, Inc.                 Delaware                                100%
Cognex Canada, Inc.                Delaware                                100%
Cognex K.K.                        Japan                                   100%
Cognex International, Inc.         Delaware                                100%
Cognex Europe, Inc.                Delaware                                100%
Cognex Europe, b.v.                Netherlands                             100%
Cognex, Ltd.                       Ireland                                 100%
Cognex Germany, Inc.               Massachusetts                           100%
Cognex UK Ltd.                     United Kingdom                          100%
Cognex Finland Oy                  Finland                                 100%
Cognex Singapore, Inc.             Delaware                                100%
Cognex Korea, Inc.                 Delaware                                100%
Cognex Taiwan, Inc.                Delaware                                100%
Cognex Asia, Inc.
(formerly Cognex China, Inc.)      Delaware                                100%
</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-30-1995
<PERIOD-END>                               DEC-30-1995
<CASH>                                       3,821,474
<SECURITIES>                                 2,775,000
<RECEIVABLES>                               30,983,242
<ALLOWANCES>                                   981,745
<INVENTORY>                                    539,491
<CURRENT-ASSETS>                            39,436,826
<PP&E>                                      26,864,557
<DEPRECIATION>                              17,221,433
<TOTAL-ASSETS>                              67,089,382
<CURRENT-LIABILITIES>                       16,238,681
<BONDS>                                        649,941
<COMMON>                                        70,502
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  49,357,792
<TOTAL-LIABILITY-AND-EQUITY>                67,089,382
<SALES>                                     70,253,896
<TOTAL-REVENUES>                            70,253,896
<CGS>                                       45,065,597
<TOTAL-COSTS>                               70,186,460
<OTHER-EXPENSES>                                90,077
<LOSS-PROVISION>                               400,375
<INTEREST-EXPENSE>                             100,891
<INCOME-PRETAX>                              (123,532)
<INCOME-TAX>                                    69,509
<INCOME-CONTINUING>                          (193,041)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (193,041)
<EPS-PRIMARY>                                    (.03)
<EPS-DILUTED>                                    (.03)
        

</TABLE>
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Exhibit 31.1
 
 CERTIFICATIONS
 
 I, Brian R. Kahn, certify that:
 
 1.  I have reviewed this amendment to quarterly report on Form 10-Q/A of FRANCHISE GROUP, INC.; and
 
 2.  Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.
 
 Date: June 19, 2020By:/s/ Brian R. KahnBrian R. KahnChief Executive Officer(Principal Executive Officer)