alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.4


 


Farmers & Merchants Bank


Supplemental Executive Retirement Plan


First Amendment





 



 


FIRST AMENDMENT


TO THE


FARMERS & MERCHANTS BANK


SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN
AGREEMENT


DCEMBER 30, 2010


FOR


CHRISTOPHER T. OSWALD 


 


THIS First Amendment
is entered into this22nd day of February, 2011, by and between FARMERS & MERCHANTS BANK (the “Bank”), a
state-chartered commercial bank located in Upperco, Maryland, and Christopher T. Oswald (the “Executive”).


 


WHEREAS, the
Bank and the Executive executed the Supplemental Executive Retirement Plan Agreement on December 30, 2010 (the “Agreement”);


 


WHEREAS, Section
8.1 of the Agreement provides that the Agreement may be amended upon mutual consent of the parties thereto; and


 


WHEREAS, the
parties now desire to amend the Agreement, for the purpose of changing the Death During Active Service benefit amount;


 


NOW, THEREFORE,
it is agreed by and between the Bank and the Executive as follows:


 


Section 3.1.1 of the Agreement
shall be amended and replaced as follows:


 


		3.1.1	Amount of Benefit. The benefit under this Section
3.1 is the greater of (i) one hundred percent (100%) of the Accrual Balance as of the end of the month prior to death (ii) or
Eight Hundred Thirty-Four Thousand Four Hundred Fifty-Nine Dollars ($834,459).



 


IN WITNESS WHEREOF,
the parties have executed this Fourth Amendment as of the date indicated above.


 


	EXECUTIVE:	 	BANK:
	 	 	 
	 	 	FARMERS & MERCHANTS BANK
	 	 	 	 
	/s/ Christopher T. Oswald	 	By:	/s/ Kenneth W. Hoffmeyer
	Christopher T. Oswald	 	Title: 	Chairman of the Board


 




    	 	1
EXHIBIT 32

CERTIFICATION PURSUANTTO

18 U.S.C. SECTION1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with the amended Quarterly Report of FortisEnterprises (the "Company") on Form 10-QSB/A for the period endedMarch 31, 2003, as filed with the Securities and Exchange Commission on the datehereof (the "Report"), I, Stephen W. Carnes, President and ChiefExecutive 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:

-  The Report fully    complies with the requirements of Section 13(a) or 15(d) of the Securities    Exchange Act of 1934; andThe information    contained in the Report fairly presents, in all material respects, the    financial condition and results of operations of the Company.
 

/s/ Stephen W.Carnes                       

Stephen W. Carnes

President and Chief Executive Officer

August 22, 2003
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FISCAL YEAR
END AUDITED FINANCIALS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          83,517
<INT-BEARING-DEPOSITS>                       6,112,853
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                       6,913,429
<INVESTMENTS-MARKET>                         6,848,786
<LOANS>                                     21,370,702
<ALLOWANCE>                                    138,147
<TOTAL-ASSETS>                              36,189,606
<DEPOSITS>                                  28,022,914
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                            347,023
<LONG-TERM>                                    680,037
<PREFERRED-MANDATORY>                          462,875
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   7,139,632
<TOTAL-LIABILITIES-AND-EQUITY>              36,189,606
<INTEREST-LOAN>                              2,049,037
<INTEREST-INVEST>                              330,450
<INTEREST-OTHER>                               318,907
<INTEREST-TOTAL>                             2,698,394
<INTEREST-DEPOSIT>                           1,601,380
<INTEREST-EXPENSE>                           1,641,214
<INTEREST-INCOME-NET>                        1,045,180
<LOAN-LOSSES>                                   12,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                791,814
<INCOME-PRETAX>                                369,213
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   232,113
<EPS-PRIMARY>                                      .53
<EPS-DILUTED>                                      .53
<YIELD-ACTUAL>                                   7.192
<LOANS-NON>                                          0
<LOANS-PAST>                                       412
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               126,147
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                              138,147
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                        138,147
        

</TABLE>
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 WASHINGTON, D.C. 20549
 FORM 8-K
 CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
  I-FLOW CORPORATION
  Delaware
(State or Other Jurisdiction 
of Incorporation)
    
    0-18338
(Commission
File Number)
    
    33-0121984
(IRS Employer
Identification No.)
 20202 Windrow Drive
Lake Forest, California 92630
 (949) 206-2700
   o
 o
 o
 o




---



TABLE OF CONTENTS  Item 1.01 Entry into a Material Definitive Agreement.Item 9.01 Financial Statements and Exhibits.SIGNATUREExhibit IndexEXHIBIT 10.1    Table of Contents  
 Item 1.01 Entry into a Material Definitive Agreement.
      2




---



##### Table of Contents



Item 9.01 Financial Statements and Exhibits.
 (d) Exhibits
  Exhibit No.
    
    Description10.1
    
    Amendment No. 2 dated as of June 29, 2007 to the Stock
Purchase Agreement dated as of September 29, 2006, as
amended by an Amendment No. 1 dated as of April 30, 2007,
by and among I-Flow Corporation, InfuSystem, Inc., HAPC,
Inc. and Iceland Acquisition Subsidiary, Inc.
 Forward-Looking Statements
  3




---



##### Table of Contents



SIGNATURE
   I-FLOW CORPORATIONBy:
    /s/ James R. TalevichName:
    James R. TalevichTitle:
    Chief Financial Officer 4




---



##### Table of Contents



Exhibit Index
 Exhibit No.
    
    Description10.1
    
    Amendment No. 2 dated as of June 29, 2007 to the Stock
Purchase Agreement dated as of September 29, 2006, as
amended by an Amendment No. 1 dated as of April 30, 2007,
by and among I-Flow Corporation, InfuSystem, Inc., HAPC,
Inc. and Iceland Acquisition Subsidiary, Inc.
 5
NUMBER 13

- 11

- 00 5 18

- CV


### COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

____________________________________________________________ GUALBERTO DE LA CRUZ AND JOSE GUADALUPE HERNANDEZ , A ppellants ,

v.

MILK PRODUCTS, LLC D/B/A BORDENS , A ppellee

.

____________________________________________________________

On appeal from the 1 07th District Court of Cameron County, Texas.

____________________________________________________________



### MEMORANDUM OPINION

Before Justices Benavides, Vela, and Perkes Memorandum Opinion Per Curiam
This cause is before the Court on the parties’ joint motion to dismiss appeal. The
parties request that this Court dismiss the appeal and cross

- appeal on grounds that the
parties have reached an agreement to settle and compromise their differences.2

The Court, having considered the documents on file and the parties’ motion, is of
the opinion that the motion should be granted. See TEX. R. APP. P . 42.1(a). The joint
motion to dismiss is granted, and the appeal and cross

- appeal are hereby

DISMISSED. In ac cordance with the agreement of the parties, costs are taxed against
the party incurring same. See TEX. R. APP. P . 42.1(d) ("Absent agreement of the
parties, the court will tax costs against the appellant."). Having dismissed the appeal and

cross
- appeal a t joint request, no motion for rehearing will be entertained, and our

mandate will issue forthwith.

PER CURIAM

Delivered and filed the 5th day of July , 201 2

.
EXHIBIT 32.2

EX-32.2 SECTION 906 CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, Jack R. Lazar, the chief financial officer of Atheros Communications, Inc. (the
Company), certify for the purposes of section 1350 of chapter 63 of title 18 of the United States Code that, to my knowledge,:



|(i) | The Quarterly Report of the Company on Form 10-Q for the quarterly period ended September 30, 2008 (the Report) fully complies with the requirements of section
13(a) 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 operations of the Company.
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: October 28, 2008



|                                                                   
|-------------------------------------------------------------------
|/s/ Jack R. Lazar                                                  
|Jack R. Lazar                                                      
|Chief Financial Officer and Vice President of Corporate Development
|(Principal Financial Officer)
**Exhibit****31.2**

 

**CERTIFICATION**

**Pursuantto Section 302 of the Sarbanes-Oxley Act of 2002**

 

I, Harry Brill, certify that:

 

1.  I havereviewed this quarterly report on Form 10-Q of Gladstone Capital Corporation;

 

2.  Based on myknowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this quarterly report;

 

3.  Based on myknowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this quarterly report;

 

4.  Theregistrant’s other certifying officer(s) and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a) designed such disclosure controls and procedures,or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this quarterly reportis being prepared;

 

b) evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this quarterly report ourconclusions about the effectiveness of the disclosure controls and proceduresas of the end of the period covered by this report based on such evaluation;and

 

c) disclosed in this report any changes in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect the registrant’s internal control over financialreporting; and

 

5.  Theregistrant’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):

 

a) All significant deficiencies and materialweaknesses in the design or operation of internal controls over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial data; and

 

b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal control over financial reporting.

 

 

Date: February 9,2005

 
| /s/ HARRY BRILL                        |   |
|----------------------------------------|--------|
| Harry Brill                            |
| Chief  Financial Officer and Treasurer |

 

----
Exhibit 32.2



Certification of Chief Financial Officer Regarding Periodic Report Containing Financial

Statements pursuant to 18 U.S.C. 1350 as adopted pursuant to Section 906 of the

Sarbanes-Oxley Act of 2002



I, Bruce W. Elder, the Vice President and Secretary of Crescent Financial Corporation, in compliance with 18 U.S.C Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that, (i) the Form 10-Q
filed by Crescent Financial Corporation (the Issuer) for the quarter ended March 31, 2005, 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 that
report fairly presents, in all material respects, the financial condition and results of operations of the Issuer on the dates and for the periods presented therein.



|                   |  |     |  |                                                          
|------------------ |  | --- |  | ---------------------------------------------------------
|Date: May 11, 2005 |  | By: |  | /s/ Bruce W. Elder                                       
|                   |  |     |  | Bruce W. Elder                                           
|                   |  |     |  | Vice President and Secretary, Principal Financial Officer



- 29 -
#### *George*GOODLOE and Bessie Goodloe, Appellants, v. Hugh L. DAVIS and Edwin Freeman, Appellees.

Court of Appeals of Kentucky.

Nov. 9, 1956.

Wiggins & Wiggins, Richmond, for appellants.

Chenault & Coy, Salem Moody, Richmond, for appellees.

PER CURIAM.

This is an appeal from a judgment entered on a jury verdict awarding defendant appellees $400 damages on their counterclaim in a suit between landlord and tenant.

An examination of the record convinces us that there was sufficient evidence to go to the jury on the question of whether or not the landlord had custody and control of certain water pipes whose leakage damaged defendants’ property. Likewise there was sufficient evidence of negligence on the part of the landlord in not remedying the condition after being given notice. There was also competent proof of the damage suffered by the defendants.

The motion for appeal is- denied and the judgment stands affirmed.
##### 



Exhibit 32.2
  Certification
    of the Chief Financial Officer
    Pursuant to 18 U.S.C. Section 1350,
    As Adopted Pursuant to Section 906 of the Sarbanes-Oxley
    Act of 2002
  Form 10-Q
  (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.    
          A signed original of this written statement required by
    Section 906, or other document authenticating,
    acknowledging, or otherwise adopting the signature that appears
    in typed form within the electronic version of this written
    statement required by Section 906, has been provided to the
    Company and will be retained by the Company and furnished to the
    Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          APR-05-1997
<PERIOD-START>                             JUL-07-1996
<PERIOD-END>                               OCT-05-1996
<CASH>                                           4,938
<SECURITIES>                                         0
<RECEIVABLES>                                   29,917
<ALLOWANCES>                                     6,453
<INVENTORY>                                     13,791
<CURRENT-ASSETS>                                47,641
<PP&E>                                               0
<DEPRECIATION>                                  20,692
<TOTAL-ASSETS>                                  77,938
<CURRENT-LIABILITIES>                           64,265
<BONDS>                                          1,062
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            26
<OTHER-SE>                                      12,257
<TOTAL-LIABILITY-AND-EQUITY>                    77,938
<SALES>                                         28,153
<TOTAL-REVENUES>                                36,511
<CGS>                                           20,004
<TOTAL-COSTS>                                   24,914
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     8
<INTEREST-EXPENSE>                                 858
<INCOME-PRETAX>                                  1,381
<INCOME-TAX>                                       150
<INCOME-CONTINUING>                              1,231
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,231
<EPS-PRIMARY>                                     0.05
<EPS-DILUTED>                                     0.05
        

</TABLE>
[Federal Register Volume 89, Number 20 (Tuesday, January 30, 2024)]
[Notices]
[Page 5917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01819]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of General Medical Sciences; Notice of Closed 
Meeting

    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical 
Sciences Special Emphasis Panel; Review of Support for Research 
Excellence--First Independent Research (SuRE-First) Award (R16).
    Date: March 27, 2024.
    Time: 10:00 a.m. to 6:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, National Institute of 
General Medical Sciences, Natcher Building, 45 Center Drive, 
Bethesda, Maryland 20892 (Virtual Meeting).
    Contact Person: Jason M. Chan, Ph.D., Scientific Review Officer, 
Scientific Review Branch, National Institute of General Medical 
Sciences, 45 Center Drive, MSC 6200, Bethesda, Maryland 20892, 301-
594-3663, <a href="/cdn-cgi/l/email-protection#8fe5eefce0e1a1ece7eee1bdcfe1e6e7a1e8e0f9"><span class="__cf_email__" data-cfemail="432922302c2d6d202b222d71032d2a2b6d242c35">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program No. 93.859, 
Biomedical Research and Research Training, National Institutes of 
Health, HHS)

    Dated: January 25, 2024.
Miguelina Perez,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2024-01819 Filed 1-29-24; 8:45 am]
BILLING CODE 4140-01-P


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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 annual report of Energy Transfer Partners, L.P. (the Partnership) on Form 10-K
for the year ended August 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brian J. Jennings, Chief Financial Officer, 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; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



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

Date: October 30, 2007



/s/    Brian J. JenningsBrian J. Jennings Chief Financial
Officer


*A signed original of this written statement required by 18 U.S.C. Section 1350 has been provided to
and will be retained by Energy Transfer Partners, L.P.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6511
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DANA ROSS, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Abingdon. James P. Jones, Chief District Judge. (1:05-cr-00009-jpj-pms-1) Submitted: June 26, 2008 Decided: July 2, 2008 Before KING and DUNCAN, Circuit Judges, and WILKINS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Dana Ross, Appellant Pro Se. Donald Ray Wolthuis, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Dana Ross appeals the district court’s order denying his 18 U.S.C. § 3582(c) (2000) motion for reduction of his sentence. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Ross , No. 1:05-cr-00009-jpj-pms-1 (W.D. Va. filed Mar. 17, 2008; entered Mar. 18, 2008). 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