alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S BALANCE SHEET AS OF MARCH 31, 2000, AND STATEMENTS OF OPERATIONS FOR
THE THREE MONTHS ENDED MARCH 31, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS REPORTED ON FORM 10-Q.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                             227
<SECURITIES>                                         0
<RECEIVABLES>                                    4,399
<ALLOWANCES>                                     (155)
<INVENTORY>                                      1,799
<CURRENT-ASSETS>                                 7,339
<PP&E>                                           1,949
<DEPRECIATION>                                 (1,698)
<TOTAL-ASSETS>                                  13,442
<CURRENT-LIABILITIES>                            6,798
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,364
<OTHER-SE>                                     (1,122)
<TOTAL-LIABILITY-AND-EQUITY>                    13,442
<SALES>                                          3,730
<TOTAL-REVENUES>                                 3,749
<CGS>                                            2,811
<TOTAL-COSTS>                                    2,811
<OTHER-EXPENSES>                                 1,258
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  98
<INCOME-PRETAX>                                  (418)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (418)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (418)
<EPS-BASIC>                                      (.07)
<EPS-DILUTED>                                    (.07)


</TABLE>
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-20053 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus TIMOTHY DASHUN WHITE, Defendant-Appellant.

_________________________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CR-399-ALL

_________________________________________

August 7, 2001 Before POLITZ, WIENER, and PARKER, Circuit Judges. PER CURIAM: * Timothy Dashun White appeals his conviction of one count of being a felon in possession of a firearm. He maintains that the factual basis tendered was1 United States v. Marek , 238 F.3d 310, 315 (5 th Cir. 2001) (en banc) pet. for cert. filed ,

69 USLW 3673 (Apr. 4, 2001)(No. 00-1526).

2 Marek , 238 F.3d at 315.

3 United States v. Calverley , 37 F.3d 160 (5th Cir. 1994) (en banc).

4 United States v. Olano , 507 U.S. 725 (1993). 2 insufficient to support his conviction on the federal firearms charge because his prior state felony conviction was not final at the time he committed the instant offense, and because the interstate commerce nexus required by 18 U.S.C. § 922(g)(1) was not established. White did not preserve these issues by “making [his] plea conditional pursuant to Rule 11(a)(2) or by objecting thereafter, such as at [his] sentencing.” 1 Accordingly, our review is limited to plain error. 2 Under the plain-error standard, we may correct forfeited errors only when the appellant establishes the existence of an error, which was clear or obvious, and affected his substantial rights. 3 When these factors are established, we will exercise our discretion to correct a forfeited error only if we find that it seriously affects the fairness, integrity, or public reputation of judicial proceedings. 4 The plain-error standard is not met as to either of the issues raised by White. As respects his contention that his Texas conviction was not final when he committed the instant offense, the parties do not cite, nor are we aware of, any case directly addressing this issue. At best this is an unresolved issue. It is therefore5 United States v. De Leon , 170 F.3d 494, 499 (5th Cir. 1999), cert. denied , 528 U.S. 863

(1999). 3 manifest that White has not established the required “clear or obvious” error in the district court’s rejection of his position on this issue. Further, White’s contention regarding the sufficiency of the factual basis and his challenge to 18 U.S.C. § 922(g)(1) is likewise unavailing. “This court has repeatedly emphasized that the constitutionality of § 922(g)(1) is not open to question.” 5 The judgment of the district court is AFFIRMED.
Exhibit 10.4


 





SHARE CAP AGREEMENT


 


Reference is made to the Warrant Exercise Agreement (the “Agreements”),
dated as of June 6, 2018, by and between Brainstorm Cell Therapeutics Inc., a Delaware corporation (the “Company”),
and each of the undersigned Holders, and the New Warrants issued pursuant thereto. Capitalized terms used but not defined herein
shall have the meaning set forth in the Agreements.


 


IN CONSIDERATION of the mutual covenants contained in the Agreements,
and for good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Holders and the Company
agree as follows:


 


Each of the undersigned Holders hereby agrees and covenants
that, notwithstanding anything to the contrary in the Agreement or the New Warrant, the New Warrants shall not be exercisable for
an aggregate amount of Warrant Shares in excess of the Share Cap (defined below) until after the six-month anniversary of the date
the New Warrants were issued to the undersigned by the Company.  The “Share Cap” shall mean [_______] shares of
Common Stock of the Company.


 


HOLDERS:


 


Name of Holder:


 


	Signature of Authorized Signatory of Holder:  	 


 


	Name of Authorized Signatory:  	 





 


	Title of Authorized Signatory: 	 


 


 


Name of Holder:


 


	Signature of Authorized Signatory of Holder:  	 


 


	Name of Authorized Signatory:  	 


 


	Title of Authorized Signatory: 	 


 


 


COMPANY:


 


BRAINSTORM CELL THERAPEUTICS INC.


 


	By: 	 	 


Name: Chaim Lebovits


Title: President and Chief Executive Officer
Blueprint





 







Exhibit
10.4



FIRST AMENDMENT TO
FORBEARANCE AGREEMENT

 


This
FIRST AMENDMENT TO FORBEARANCE AGREEMENT (this “Amendment”) is entered
into as of June 29, 2018, by and among MEDITE Cancer Diagnostics,
Inc., a Delaware corporation (“Borrower”), and GPB Debt
Holdings II LLC, a Delaware limited liability company
(“Lender”). Capitalized
terms used but not otherwise defined herein shall have the
respective meanings ascribed to such terms in the Transaction
Documents (as hereinafter defined).

 



RECITALS

 


A.
On February 4, 2018, MEDITE Cancer Diagnostics, Inc. (the
“Company” or “Borrower”) entered into a
Forbearance Agreement (the “Agreement”) with GPB Debt
Holdings II LLC (“Lender”) whereby the Lender agreed to
forbear exercising its remedies in connection with certain defaults
of the Company pursuant to (i) a Senior Secured Convertible Note in
the favor of Lender in original principal balance of $5,356,400
(“Note”); and (ii) a certain Security Agreement
(“Security Agreement”), dated September 26,
2017. Additionally, Borrower and Lender are parties to a
certain Guarantee Agreement, dated September 26, 2017
(“Guarantee Agreement”), whereby Medite Enterprises,
Inc., Medite GMBH, Medite Lab Solutions, Inc. and Cytoglobe GMBH
guaranteed all of Borrower’s obligations arising under, among
other things, the Note.

 


B. Borrower and Lender desire to amend the
Agreement to extend the time Lender shall forbear its exercise of
registration rights pursuant to Section 4.9 of the
Securities Purchase Agreement dated September 26, 2017
(“SPA”), and with respect to the maintenance of
the required interest reserve account pursuant to Section 4.14 of
the SPA, until September 30,
2018.

 



AGREEMENT

 


1.
Section 3(b) of the Agreement is hereby amended to extend the
Lender’s forbearance of its exercise of registration rights
pursuant to Section 4.9 of the SPA, and with respect to the maintenance of
the required interest reserve account pursuant to Section 4.14 of
the SPA, until September 30, 2018.

 


2.
Except as set forth herein, all other terms of the Agreement shall
remain in full force and effect.

 






 



IN WITNESS WHEREOF, the parties hereto have executed this
Amendment as of the day and year first above written.

 


 


BORROWER:

 


MEDITE
CANCER DIAGNOSTICS, INC., as 


 


By:
/s/ Stephen Von
Rump


Name:
Stephen Von Rump


Title:
Chief Executive Officer

 

 


LENDER:

 


GPB
DEBT HOLDINGS II LLC, as Lender


 


By:
/s/ Evan
Myrianthopoulos


Name:
Evan Myrianthopoulos


Title:
Managing Partner

 

-1-
EX-10.2



 EXHIBIT 10.2 

FOURTH AMENDMENT TO THE 

APOGEE ENTERPRISES, INC. 

2011 DEFERRED COMPENSATION PLAN 

WHEREAS, Apogee Enterprises, Inc. (the “Company”) adopted the Apogee Enterprises, Inc. 2011 Deferred Compensation Plan effective as
of June 1, 2011 (the “Plan”), and as thereafter amended; and 
 WHEREAS, the Board of Directors has the authority to amend
the Plan pursuant to Section 11.2 of the Plan; and 
 WHEREAS, the Board of Directors desires to amend the Plan, effective June 1,
2018, to modify the provisions of the Plan relating to assignment and modifications to payment schedules to permit the Plan to accept qualified domestic relations orders. 

NOW, THEREFORE, the Plan is hereby amended, effective June 1, 2018, in the following respects: 

 

	 	1.	A new Section 7.6 is hereby added to the Plan to read as follows: 

  

	 	7.6	Domestic Relations Orders. Notwithstanding anything in the Plan to the contrary, the Committee, in its sole discretion, may modify payment of a Participant’s Account to the extent necessary to comply with a
domestic relations order (as defined in Code Section 414(p)(1)(B)). 

  

	 	2.	Section 14.1 of the Plan is hereby amended to read as follows: 

  

	 	14.1	Assignment. No interest of any Participant, spouse or Beneficiary under this Plan and no benefit payable hereunder shall be assigned as security for a loan, and any such purported assignment shall be null, void
and of no effect, nor shall any such interest or any such benefit be subject to any manner, either voluntarily or involuntarily, to anticipation, sale, transfer, assignment or encumbrance by or through any Participant, spouse or Beneficiary.


 The Company may assign any or all of its liabilities under this Plan in connection with any restructuring, recapitalization,
sale of assets or other similar transactions affecting a Participating Employer without the consent of the Participant. Notwithstanding the foregoing, the Committee may, in its sole discretion, honor a domestic relations order that complies with
Code Section 414(p) and with the domestic relations orders procedures established by the Committee. 







 IN WITNESS WHEREOF, the undersigned executed this Fourth Amendment as of the 28th day of June
2018, to be effective as of the date specified above. 
 Apogee Enterprises, Inc. 

By: Joseph F. Puishys 
 Its: Chief Executive Officer and
President 
 /s/ Joseph F.
Puishys                                        
(Signature) 

  
 2
CHIEF JUSTICE

 ROGELIO VALDEZ

JUSTICES

 NELDA V. RODRIGUEZ

 DORI CONTRERAS GARZA

 GINA M. BENAVIDES

 GREGORY T. PERKES

 NORA L. LONGORIA

CLERK

 DORIAN E. RAMIREZ

NUECES COUNTY COURTHOUSE

901 LEOPARD, 10TH FLOOR

CORPUS CHRISTI, TEXAS 78401

361-888-0416 (TEL)

361-888-0794 (FAX)

HIDALGO COUNTY

ADMINISTRATION BLDG.

100 E. CANO, 5TH FLOOR

EDINBURG, TEXAS 78539

956-318-2405 (TEL)

956-318-2403 (FAX)

www.txcourts.gov/13thcoa

Court of Appeals 

Thirteenth District of Texas 

April 21, 2015

Hon. Anne Lorentzen

District Clerk

901 Leopard, Suite 313

Corpus Christi, TX 78401

* DELIVERED VIA E-MAIL *

Re: Cause No. 13-14-00702-CV

Tr.Ct.No. 2013-CCV-62265-2

Style: David C. McCoy and Judy L. McCoy v. Michael Morgan and Michael Morgan 

State Farm Insurance

The judgment of the trial court in the above cause was DISMISSED by this Court on the 

5th day of February, 2015. The mandate is enclosed.

Costs of the appeal were adjudged against appellant, David C. McCoy and Judy L. 

McCoy. 

Pursuant to Section 51.204(b) of the Government Code, the attorneys of record are 

hereby notified that any exhibits submitted to the Court by a party may be withdrawn by that 

party or the party’s attorney of record within 30 days. Exhibits on file with the Court will be 

destroyed three (3) years after final disposition of the case or at an earlier date if ordered by the 

Court.

Very truly yours,

Dorian E. Ramirez, Clerk

DER:ch

Enc.

cc: Hon. Patrick L. Beam (DELIVERED VIA E-MAIL)

Hon. Eric S. Stewart (DELIVERED VIA E-MAIL)
Exhibit 10.9


 


DELAYED DRAW TERM
NOTE


 


$3,950,000.00


 


New York, New York


 


May 9, 2018


 


FOR VALUE RECEIVED,
the undersigned hereby promises to pay to the order of KEYBANK NATIONAL ASSOCIATION or its registered assigns (the “Lender”),
in lawful money of the United States of America in immediately available funds, at 660 White Plains Road, 2nd Floor, Tarrytown,
NY 10591, the principal sum of THREE MILLION NINE HUNDRED FIFTY THOUSAND DOLLARS ($3,950,000.00), or if less, the aggregate principal
amount of the Delayed Draw Term Loan payable at such times and in such amounts as are specified in the Agreement as defined below.


 


The undersigned also
promises to pay interest in like funds on the unpaid principal amount hereof from time to time outstanding at said office from
the date hereof until paid at the rates and at the times provided in the Agreement.


 


This Delayed Draw
Term Note (as amended, restated, supplemented or otherwise modified from time to time, this “Note”) is
a Delayed Draw Term Note referred to in the Credit Agreement, dated as of December 23, 2016, between, the undersigned and the Lender
(as amended, restated, modified and/or supplemented from time to time, the “Agreement”) and is entitled
to the benefits thereof and of the other Loan Documents (as such term and each other capitalized term used herein are defined in
the Agreement hereinafter referred to). This Note is secured by and entitled to the benefits of the Security Agreement. As provided
in the Agreement, this Note is subject to voluntary prepayment and mandatory repayment prior to the Delayed Draw Maturity Date,
in whole or in part.


 


In case an Event of
Default shall occur and be continuing, the principal of and accrued interest on this Note may be declared to be due and payable
in the manner and with the effect provided in the Agreement.


 


The liability of the
Borrower shall be unconditional without regard to the liability of any other party and shall not be in any manner affected by any
indulgence whatsoever granted or consented to by the Lender, including, without limitation, any release of any other party, extension
of time, renewal, waiver or other modification. Any forbearance, failure, or delay by the Lender in exercising any right, power
or remedy under this Note or under applicable law shall not be deemed to be a waiver of such right, power or remedy, nor shall
any single or partial exercise of any right, power or remedy preclude the further exercise thereof.


 


The undersigned hereby
waives presentment, demand, protest or notice of any kind in connection with this Note.


 


THIS NOTE SHALL
BE CONSTRUED IN ACCORDANCE WITH AND BE GOVERNED BY THE LAW OF THE STATE OF NEW YORK (WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES).


 


[Signature Page to
Follow]


 




     

     


    

 


	 	NYM HOLDING, INC.
	 	 	 
	 	By:	/s/ Long Deng
	 	Name:	Long Deng
	 	Title:	President


 


 


 


[Signature Page to
Delayed Draw Term Note]
* 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 January 31, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-41528 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JAMES ELLIOTT GORTON, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 2:04-CR-270-ALL

-------------------- Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM: * James Elliott Gorton appeals the 188-month sentence he received following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). Gorton argues that the armed career criminal enhancement violated his constitutional rights because the predicate convictions were not charged in the indictment nor admitted at rearraignment. The argument is without merit. See United States v. Guevara , 408 F.3d 252, 261 (5th Cir.), cert. denied, 2006 U.S. LEXIS 741No. 04-41528 -2- (U.S. Jan. 9, 2006). Gorton properly acknowledges that his argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), but seeks to preserve the issue for further review. Gorton also contends that the district court erred in sentencing him pursuant to the mandatory Guidelines regime held unconstitutional in United States v. Booker , 543 U.S. 220 (2005). The sentencing transcript is devoid of evidence that the district court would have imposed the same sentence under an advisory regime, and, therefore, the Government has not borne its burden of establishing beyond a reasonable doubt that the district court’s error was harmless. See United States v. Walters , 418 F.3d 461, 464 (5th Cir. 2005). Accordingly, Gorton’s sentence is VACATED, and the case is REMANDED for further proceedings. See id. at 466. AFFIRMED IN PART; VACATED AND REMANDED IN PART FOR FURTHER PROCEEDINGS.
Exhibit 32.1

                                 CERTIFICATE OF

                            CHIEF EXECUTIVE OFFICER

                                       OF

                        AMERIVISION COMMUNICATIONS, INC.


I,  Robert  D.  Cook,  President  and  Chief  Executive  Officer  of Amerivision
Communications,  Inc.  (the  "Company"),  hereby certify that, to the best of my
knowledge,  the  quarterly  report of the Company on Form 10-Q for the three and
nine  months  ended  September  30,  2003,  (the  "Report):

     a.   Complies  with  the  requirements  of  Section  13(a)  or 15(d) of the
          Securities  Exchange  Act  of  1934;  and  that

     b.   The  information  contained  in  the  Report  fairly  presents, in all
          material respects, the financial condition of the Company at September
          30,  2003,  and  the results of the Company's operations for the three
          and  nine  months  ended  September  30,  2003.


November  19,  2003                    /s/  Robert  D.  Cook
                                       ---------------------
                                       ROBERT  D.  COOK
                                       President  and  Chief  Executive  Officer
|  | (i) | the                  Report fully complies with the requirements of Section 13(a) or                  15(d) of                  the Securities Exchange Act of 1934;                  and |
|--|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

|                                  |   /s/                Dana A. Marshall |   |
|---------------------------------------|-------------------------------------------------|--------|
|                                  | Dana                A. Marshall                 |
|                                  | Chief                Executive Officer          |
|                                  |                                            |
| Date:                November 9, 2007 |

----
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