alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 8-K
 CURRENT REPORT
Pursuant to Section 13 of 15(d) of the Securities Exchange Act of 1934
 March 7, 2008
 Date of Report (Date of earliest event reported)
 LOCAL.COM CORPORATION
  Delaware
    
    000-50989
    
    33-0849123(State or other jurisdiction 
of incorporation)
    
    (Commission File Number)
    
    (IRS Employer
Identification No.)
 One Technology Drive, Building G
 Irvine, California 92618
  (949) 784-0800
  N/A
   o
 o
 o
 o




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TABLE OF CONTENTS  Item 1.01 Entry into a Material Definitive AgreementItem 9.01 Financial Statements and ExhibitsSIGNATURESExhibit IndexEXHIBIT 10.2EXHIBIT 99.1    Table of Contents  
 Item 1.01 Entry into a Material Definitive Agreement.
   
 Item 9.01 Financial Statements and Exhibits.
 Exhibit 10.1(1)
    
    Amended and Restated PFP Advertiser Distribution Agreement
dated March 1, 2007 by and among the Registrant and Idearc
Media Corp.Exhibit 10.2(2)
    
    First Amendment to Amended and Restated PFP Advertiser
Distribution Agreement March 7, 2008 by and among the
Registrant and Idearc Media Corp.Exhibit 99.1
    
    Press Release dated March 11, 2008.
 
 (1)
    
    Incorporated by reference from the Registrants Current Report on Form 8-K, filed with the
Securities and Exchange Commission on March 7, 2007. Confidential portions omitted and filed
separately with the Securities and Exchange Commission pursuant to Rule 24b-2 promulgated
under the Securities and Exchange Act of 1934, as amended.(2)
    
    Application has been made with the Securities and Exchange Commission to seek confidential
treatment of certain provisions. Omitted material for which confidential treatment has been
requested has been filed separately with the Securities and Exchange Commission.




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##### Table of Contents



SIGNATURES
  LOCAL.COM CORPORATIONDate: March 11, 2008
    By:
    /s/ Douglas S. NormanDouglas S. NormanChief Financial Officer and Secretary




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##### Table of Contents



Exhibit Index
 ExhibitNumber
    
    Description10.1(1)
    
    Amended and Restated PFP Advertiser Distribution Agreement dated
March 1, 2007 by and among the Registrant and Idearc Media Corp.10.2(2)
    
    First Amendment to Amended and Restated PFP Advertiser
Distribution Agreement March 7, 2008 by and among the Registrant
and Idearc Media Corp.99.1
    
    Press release dated March 11, 2008.
 
 (1)
    
    Incorporated by reference from the Registrants Current Report on Form 8-K, filed with the
Securities and Exchange Commission on March 7, 2007. Confidential portions omitted and filed
separately with the Securities and Exchange Commission pursuant to Rule 24b-2 promulgated
under the Securities and Exchange Act of 1934, as amended.(2)
    
    Application has been made with the Securities and Exchange Commission to seek confidential
treatment of certain provisions. Omitted material for which confidential treatment has been
requested has been filed separately with the Securities and Exchange Commission.
<PAGE>   1


                               DR. VOLKER VOSSIUS

                       PATENTANWALTSKANZLEI RECHTSANWALTSKANZLEI


DR. VOLKER VOSSIUS,                     DR. VOLKER VOSSIUS Dipl.-Chem.
HOLBEINSTR S81679 MUNCHEN               PATENTWALT
                                        EUROPEAN PATENT ATTORNEY
Diatide, Inc.
Nine Delta Drive                        CORINNA VOSSIUS
Londonderry, NH 03057                   BECHTSANWALTIN
United States of America
                                        TILMAN VOSSIUS
                                        RECHTSANWALT

                                        HOLBEINSTRASSE 5
                                        81679 MUNCHEN
                                        TELEFON: (089) 9828621/22
                                        TELEFAX: (089) 9827306
                                        E-mail: dr. volker vossiusa-online.de
                                                               March 24, 1997
                                                                           AB
Re:  Diatide, Inc.
     Annual Report on Form 10-K For the
     Year Ended December 31, 1996
---------------------------------------

Dear Sirs:

I hereby consent to the reference to my firm under the captions "Business -
Patent, Trade Secrets and Licenses" in Diatide Inc.'s Annual Report on
Form 10-K for the Year Ended December 31, 1996.

Very truly yours,



Dr. Volker Vossius




BAYERISCHE VEREINSBANK MUNCHEN KTO.-NR.: 32934668 - BLZ 70020270
BAYERISCHE HYPOTHEKEN-UND WECHSEL-BANK MUNCHEN,
KTO.-NR.: 4410429204 BLZ 70020001
V.A.T. NUMBER: DE 130 737 326
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1825 Reported in Senate (RS)]

                                                       Calendar No. 480
104th CONGRESS
  2d Session
                                S. 1825

                          [Report No. 104-305]

To authorize the Secretary of Transportation to issue a certificate of 
 documentation and coastwise trade endorsement for the vessel HALCYON.

Rule___________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 3, 1996

   Mr. Lott introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                             June 27, 1996

              Reported by Mr. Pressler, without amendment

Rule___________________________________________________________________

                                 A BILL

 
To authorize the Secretary of Transportation to issue a certificate of 
 documentation and coastwise trade endorsement for the vessel HALCYON.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That notwithstanding sections 12106, 12107, and 12108 of title 46, 
United States Code, and section 27 of the Merchant Marine Act, 1920 (46 
U.S.C. App. 883), as applicable on the date of enactment of this Act, 
the Secretary of Transportation may issue a certificate of 
documentation with appropriate endorsement for employment in the 
coastwise trade for the vessel HALCYON (United States official number 
690219).
                                     

                                                       Calendar No. 480

104th CONGRESS

  2d Session

                                S. 1825

                          [Report No. 104-305]

_______________________________________________________________________

                                 A BILL

To authorize the Secretary of Transportation to issue a certificate of 
 documentation and coastwise trade endorsement for the vessel HALCYON.

_______________________________________________________________________

                             June 27, 1996

                       Reported without amendment
```
<PAGE>




                                                                      EXHIBIT 21


                   MECHANICAL DYNAMICS, INC. AND SUBSIDIARIES

                         SUBSIDIARIES OF THE REGISTRANT

<TABLE>
<CAPTION>

                LEGAL ENTITY                    INCORPORATION                          OWNERSHIP
--------------------------------------------- ------------------- ----------------------------------------------------
<S>                                           <C>                 <C>

Mechanical Dynamics, Inc.                     Michigan, USA

MDI International, Inc.                       Michigan, USA       100% owned by Mechanical Dynamics, Inc.

Mechanical Dynamics Ltd.                      Canada              100% owned by Mechanical Dynamics, Inc.

Mechanical Dynamics FSC, Inc.                 Barbados            100% owned by Mechanical Dynamics, Inc.

Mechanical Dynamics GmbH                      Germany             100% owned by Mechanical Dynamics, Inc.

Mechanical Dynamics SarL                      France              100% owned by Mechanical Dynamics, Inc.

Mechanical Dynamics International, Ltd.       United Kingdom      100% owned by Mechanical Dynamics, Inc.

Mechanical Dynamics Sweden AB                 Sweden              100% owned by Mechanical Dynamics, Inc.

Mechanical Dynamics Italy srl                 Italy               100% owned by Mechanical Dynamics, Inc.

DTI Asia Pte. Ltd.                            Singapore           100% owned by Mechanical Dynamics, Inc.

Mechanical Dynamics Japan K.K.                Japan               66% owned by Mechanical Dynamics, Inc.

Mechanical Dynamics s.r.o.                    Czech Republic      100% owned by Mechanical Dynamics, Inc.

ESTECH Corporation                            Japan               100% owned by Mechanical Dynamics, Inc.

</TABLE>
<PAGE>
 
                                                                      EXHIBIT 12
 
              TELEPORT COMMUNICATIONS GROUP INC. AND SUBSIDIARIES
 
               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                                 (IN THOUSANDS)
 
<TABLE>
<CAPTION>
                                  FOR THE YEARS ENDED DECEMBER 31,
                           --------------------------------------------------
                             1997       1996       1995      1994      1993
                           ---------  ---------  --------  --------  --------
<S>                        <C>        <C>        <C>       <C>       <C>
Net loss.................. $(222,667) $(114,850) $(53,804) $(29,989) $(18,271)
Add (Deduct): Income Tax
 Provision (Benefit)......     1,664      2,193       401       433    (4,149)
Less: Minority Interest...       --      (3,520)     (663)   (1,395)     (796)
                           ---------  ---------  --------  --------  --------
Pre Tax (Loss)............  (221,003)  (116,177)  (54,066)  (30,951)  (23,216)
                           ---------  ---------  --------  --------  --------
Add: Fixed Charges
 Interest.................   116,172     74,319    27,206     8,867     2,548
Amortization of debt
 expense..................       203        168       116       --        --
                           ---------  ---------  --------  --------  --------
Total fixed charges.......   116,375     74,487    27,322  $  8,867  $  2,548
                           ---------  ---------  --------  --------  --------
                           $(104,628) $ (41,690) $(26,744) $(22,084) $(20,668)
                           =========  =========  ========  ========  ========
Fixed charges............. $ 116,375  $  74,487  $ 27,322  $  8,867  $  2,548
                           =========  =========  ========  ========  ========
Deficiency of Earnings to
 Fixed Charges............ $ 221,003  $ 116,177  $ 54,066  $ 30,951  $ 23,216
                           =========  =========  ========  ========  ========
</TABLE>
EXHIBIT 32.1

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned
President and chief executive officer of First Republic Preferred Capital Corporation (the Company), hereby certifies on the date hereof pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of
2002, that the Quarterly Report on Form 10-Q for the quarter ended March 31, 2007 (the Form 10-Q), filed concurrently herewith by the Company, fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended, and that the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |  |  |        |  |                                       |  | 
|------------------ |  |  |  | ------ |  | ------------------------------------- |  | 
|Date: May 11, 2007 |  |  |  |        |  | /s/ JAMES J. BAUMBERGER               |  | 
|                   |  |  |  | Name:  |  | James J. Baumberger                   |  | 
|                   |  |  |  | Title: |  | President and chief executive officer |  |
### 73~~ 

## ATTOEWEIYGENERAL. OFTEXAS

Honorable James 0. Gerst Savings and Loan Commissioner' OpinionNo. C-336 1010 Lavaca Rer Authority of agent8 Austin,Texas appointed by Savings and Loan Associations to appraise'gropertles upon which application has been made to the association for a Bear Mr. Gerst: loan, Inyour opinion requestyou ask whether,under Section 3.1 of the Rules and Regulations for Savings and Loan A8SoCiatiOn8adoptedNovember 15, 1963, an agent or agents of an associationwithin the proper scope of their duties,may appraiee propertiesupon which applicationhas been made for a loan. Section 3.1 of the Rules and Regulations provide8 that, "An associationmay, without approval of the Commissioner, appoint an agent or agents,whose functions shall be limited to the receipt of applications for loans, the servicing of loans and contracts, or the management or sale of real estate ownedby the association.

. . .'I The word “limited” i8 defineda8 meaning, "Restricted; bounded; prescribed; confinedwithin positive bounds; re8triCted in duration, extent, or scope." Black's Law IUz;i;yr&&, 4th Et., 1957t, p. 1077. There ia no deflnfe word limited in either the Savings and Loan Act, Article 852a,Vernon's Civil Statutes, or the Rule8 and Regulation8 for Saving8 and Loan Associations adopted November 15, 1963. In the absence of a statutory definition,the word "limited,"a8 used In Section 3.1, restricts agents to the performanceof only those functionswhich are stated In that section of the Rule8 and Regulations. Agent8 are not given specificauthority to appraise property in Section 3,.1of the Rules and Regulations; therefore,under Section 3.1 of the Rules and Regulations, an agent of an association can appraise property only
-1599-Honorable James 0. Gerst,page 2 (C-336)

If he has the impliedauthority to do so. Under Section 3.1 of the Rules and Regulations, the only functionan agent is authorized to perform for an associationprior to the time a loan is actuallymade is to receive appllcations for loans. An agent is not authorized to process loan applications for an associationunder Section 3.1 of the Rules and Regulations. Since the appraisal of propertyupon which a loan applicationha8 been made Is usually and normally a part of the processing of a loan application,and not a part of receiving loan applications, an agent h8.s no Impliedauthorityunder Section 3.1 of the Rules and Regulations to appraise property.

SUMMARY ------- The proper scope of the duties of agents under Section 3.1 of the Rules and Regulations for Saving8and Loan AssociationsadoptedNovember 15, 1963, does not Includethe appraisal of propertiesupon which applicationhas been made for a loan. Very trulyyours, WAGGONER CARR Attorney General of Texas

JWF:ced / APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Joe R. Long Paul Phy W. 0. Shultz Kerns Taylor APPROVED FOR TRE ATTORNEY GENERAL BY: ROGER TYLER -1600-
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1840 Reported in Senate (RS)]

                                                       Calendar No. 552
104th CONGRESS
  2d Session
                                S. 1840

                          [Report No. 104-342]

 To amend the Federal Trade Commission Act to authorize appropriations 
                   for the Federal Trade Commission.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 5, 1996

  Mr. Pressler (for himself, Mr. Gorton, Mr. Hollings, Mr. Bryan, Ms. 
  Snowe, and Mr. Exon) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                             July 31, 1996

              Reported by Mr. Pressler, without amendment

_______________________________________________________________________

                                 A BILL

 
 To amend the Federal Trade Commission Act to authorize appropriations 
                   for the Federal Trade Commission.

    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 ``Federal Trade Commission 
Reauthorization Act of 1996''.

SEC. 2. REAUTHORIZATION.

    Section 25 of the Federal Trade Commission Act (15 U.S.C. 57c) is 
amended by striking ``and not to exceed'' and inserting ``not to 
exceed'' and by inserting before the period the following: ``; not to 
exceed $107,000,000 for fiscal year 1997; and not to exceed 
$111,000,000 for fiscal year 1998''.
                                     

                                                       Calendar No. 552

104th CONGRESS

  2d Session

                                S. 1840

                          [Report No. 104-342]

_______________________________________________________________________

                                 A BILL

 To amend the Federal Trade Commission Act to authorize appropriations 
                   for the Federal Trade Commission.

_______________________________________________________________________

                             July 31, 1996

                       Reported without amendment
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-7011

JONATHAN GRIFFIN,

Petitioner – Appellant,

v.

HAROLD CLARKE, V.D.O.C. DIRECTOR,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Leonie M. Brinkema, 

District Judge. (1:15-cv-00658-LMB-TCB)

Submitted: October 29, 2015 Decided: November 20, 2015

Before KING, AGEE, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jonathan Griffin, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Jonathan Griffin seeks to appeal the district court’s order 

dismissing his 28 U.S.C. § 2254 (2012) petition. The order is 

not appealable unless a circuit justice or judge issues a 

certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). 

A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2012). When the district court denies 

relief on the merits, a prisoner satisfies this standard by 

demonstrating that reasonable jurists would find that the 

district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 

When the district court denies relief on procedural grounds, the 

prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the petition states a debatable 

claim of the denial of a constitutional right. Slack, 529 U.S. 

at 484-85. 

We have independently reviewed the record and conclude that 

Griffin has not made the requisite showing. Accordingly, we 

deny a certificate of appealability, deny leave to proceed in 

forma pauperis, and dismiss the appeal. We dispense with oral 

argument because the facts and legal contentions are adequately 
3

presented in the materials before this court and argument would 

not aid the decisional process.

DISMISSED
II

104TH CONGRESS

2D SESSION S. 1938

To enact the model Good Samaritan Food Donation Act, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JULY 10, 1996

Mr. BOND (for himself and Mr. SANTORUM) introduced the following bill;

which was read twice and referred to the Committee on Labor and

Human Resources

A BILL

To enact the model Good Samaritan Food Donation Act,

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. ENACTMENT OF MODEL GOOD SAMARITAN

4 FOOD DONATION ACT AND TRANSFER OF THE

5 ACT TO THE CHILD NUTRITION ACT OF 1966.

6 (a) ENACTMENT.—Title IV of the National and Com7 munity Service Act of 1990 is amended—

8 (1) by striking sections 401 and 403 (42 U.S.C.

9 12671 and 12673); and

10 (2) in section 402 (42 U.S.C. 12672)—
2

•S 1938 IS

1 (A) in the section heading, by striking

2 ‘‘MODEL’’ and inserting ‘‘BILL EMERSON’’;

3 (B) in subsection (a), by striking ‘‘Good

4 Samaritan’’ and inserting ‘‘Bill Emerson Good

5 Samaritan’’; and

6 (C) in subsection (c)—

7 (i) by striking ‘‘A person or gleaner’’

8 and inserting the following:

9 ‘‘(1) LIABILITY OF PERSON OR GLEANER.—A

10 person or gleaner’’; and

11 (ii) by striking ‘‘needy individuals, ex12 cept that this paragraph’’ and inserting

13 the following: ‘‘needy individuals.

14 ‘‘(2) LIABILITY OF NONPROFIT ORGANIZA15 TION.—A nonprofit organization shall not be subject

16 to civil or criminal liability arising from the nature,

17 age, packaging, or condition of apparently whole18 some food or an apparently fit grocery product that

19 the nonprofit organization received as a donation in

20 good faith from a person or gleaner for ultimate dis21 tribution to needy individuals.

22 ‘‘(3) EXCEPTION.—Paragraphs (1) and (2)’’.

23 (b) TRANSFER TO CHILD NUTRITION ACT OF

24 1966.—Section 402 of the National and Community Serv-
3

•S 1938 IS

1 ice Act of 1990 (42 U.S.C. 12672) (as amended by sub2 section (a)) is—

3 (1) transferred to the end of the Child Nutri4 tion Act of 1966 (42 U.S.C. 1771 et seq.); and

5 (2) redesignated as section 22 of the Act.

Æ
f10k2011ex10xxiv_scivanta.htm


EXHIBIT 10.24


 


AMENDMENT NO. 2 TO EXECUTIVE EMPLOYMENT AGREEMENT


 


This Amendment No. 2, dated as of January 3, 2012 (this “Amendment”), to the Executive Employment Agreement, dated as of January 1, 2008 and amended as of February 1, 2010 (the “Agreement”), is made by and between Scivanta Medical Corporation, a Nevada corporation (the “Company”), and Thomas S. Gifford (the “Executive”).


 


WHEREAS, the Company and the Executive desire to modify the Agreement for the mutual benefit of both parties;


 


NOW, THEREFORE, in consideration of the foregoing and the mutual covenants, undertakings and representations contained herein, and intending to be legally bound thereby, the Company and the Executive agree as follows:


 


1. The modifications of the Agreement herein will be effective as of November 1, 2011 and will remain in effect for the duration of the Agreement unless further modified in writing by the parties hereto.


 


2. The last paragraph of Section 7, as set forth in Amendment No. 1 to the Agreement dated as of January 1, 2008, shall be deleted in its entirety.


 


3. The following new paragraphs are hereby added at the end of Section 6 of the Agreement:


 


Effective February 1, 2010, the Company and the Executive agreed to reduce the Executive’s annual base salary to $200,000, which was to be increased to the original $275,000 per annum upon raising sufficient capital that would provide the Company the ability to pay the original base salary of $275,000.


 


Effective November 1, 2011, the Company and the Executive agree to reduce the Executive’s annual base salary to $0 until the Company has raised sufficient capital, as determined by the Company’s board of directors, that will provide the Company the ability to pay either the original base salary of $275,000 or the reduced base salary of $200,000 or some other amount as mutually agreed upon by the Executive and the Company’s board of directors.


 


4. Other than as specifically modified in this Amendment, all other terms, conditions and covenants of the Agreement shall remain in full force and effect as written.


 


IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of January 3, 2012.


 




	 	 
SCIVANTA MEDICAL CORPORATION


	 	 	 
	
 

	
By: 

	/s/  David R. LaVance
	 	 	 
David R. LaVance


	 	 	 
President and Chief Executive Officer









 




	 	 
THOMAS S. GIFFORD


	 	 	 
	
 

	
By: 

	/s/  Thomas S. Gifford
	 	 	 
Thomas S. Gifford