alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 99.1
 
 23 June 2008
    
    For analyst and media enquiries please
call Russell Chenu on: (02) 8274 5239
 James Hardie receives Notice of Proposed Adjustment on
United States tax position
        1




---



##### 



Media/Analyst Enquiries:
 
 Telephone:
    
    +61 2 8274 5239Email:
    
    media@jameshardie.com.auFacsimile:
    
    +61 2 8274 5218
 Disclaimer
  
    
    expectations about the timing and amount of payments to the Asbestos Injuries
Compensation Fund (AICF), a special purpose fund for the compensation of proven
asbestos-related personal injury and death claims;
    
    expectations concerning the costs associated with the suspension of operations at our
Blandon, Pennsylvania and Plant City, Florida plants;
    
    statements as to the possible consequences of proceedings brought against us and
certain of our former directors and officers by the Australian Securities and Investments
Commission;
    
    statements regarding tax liabilities and related proceedings;
    
    expectations that our credit facilities will be extended or renewed;
    
    projections of our operating results or financial condition;
    
    statements regarding our plans, objectives or goals, including those relating to
competition, acquisitions, dispositions and our products;
    
    statements about our future performance; and
    
    statements about product or environmental liabilities.
   2
**EXHIBIT 23**

**Consent of Independent Registered Public Accounting Firm**

The Board of Directors 

ICT Group, Inc.: 

We consent to theincorporation by reference in the registration statements on Form S-8 (Nos. 333-32623, 333-56187, 333-55702, 333-97357 and 333-111531) of ICT Group, Inc. of our reports dated March 13, 2009, with respect to the consolidated balance sheets ofICT Group, Inc. and subsidiaries as of December 31, 2008 and 2007, and the related consolidated statements of operations, shareholders’ equity and comprehensive income (loss), and cash flows for each of the years in the three-year periodended December 31, 2008, and the related financial statement schedule and the effectiveness of internal control over financial reporting as of December 31, 2008, which reports appear in the December 31, 2008 annual report on Form 10-Kof ICT Group, Inc. 

Our report dated March 13, 2009 on the consolidated financial statements refers to the adoption ofthe provisions of FASB Interpretation No. 48, *Accounting forUncertainty in Income Taxes*, effective January 1, 2007. 

/s/ KPMG LLP

Philadelphia, Pennsylvania 

March 13, 2009
arna-ex1055_997.htm



Exhibit 10.55

 



 

December 12, 2016

Craig M. Audet

14926 Vista Del Oceano

Del Mar, CA 92014

 

Dear Craig,

 

This confirms Arena agrees, subject to your providing an effective general release in accordance with the Amended and Restated Severance Benefit Plan (the “Plan”), to offer to amend your severance benefits as follows:


	
 
	
1.
	
You will have an extension of time from 12 months to up to 24 months from your employment termination date of October 14, 2016 (but not beyond the original contractual life of the options) to exercise outstanding vested and previously unexercised stock options granted to you by Arena; and




 


	
 
	
2.
	
Arena will pay you a lump sum of $33,156 less applicable federal and state income and employment taxes, in lieu of paying for 12 months of COBRA benefits as provided in the Plan. Such payment would be paid when the cash severance benefits are paid under the Plan. 




Except as provided above, you remain eligible to receive the other benefits provided to you in the Plan. You understand and agree that an extension of the post-termination exercise period for your stock options may disqualify, immediately, any stock options that were previously considered “incentive stock options” under Section 422 of the Internal Revenue Code of 1986, as amended, under the rules of such code. You also understand and agree this letter does not change the vesting of your stock options. 

If the foregoing is acceptable, please execute and return a copy of this letter. We wish you the best in your next endeavor.

Very truly yours,

/s/ Amit Munshi

Amit Munshi
President & CEO

Arena Pharmaceuticals, Inc.

 

ACCEPTED AND AGREED:

 


					
	
/s/ Craig M. Audet
	
 
	
Date:
	
December 13, 2016
	
 

	
Craig M. Audet
	
 
	
 
	
 




 

1

 


			
	
 
	
USA  ▪  6154 Nancy Ridge Dr.  ▪  San Diego, CA 92121  ▪  Tel: +1.858.453.7200        www.arenapharm.com          Switzerland  ▪  Gotthardstrasse 3  ▪  6300 Zug  ▪  Tel: +41 62 746 76 21
#### David P. FARLEY, Plaintiff-Appellant, v. Douglas DOVE, Defendant-Appellee.

No. 02-2045.

United States Court of Appeals, Fourth Circuit.

Submitted Jan. 16, 2003.

Decided Jan. 22, 2003.

David P. Farley, Appellant Pro Se.

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

PER CURIAM.

David P. Farley appeals the district court’s order denying his motion to reopen a dismissed case. We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. *See Farley v. Dove,*No. CA-01-761 (E.D.N.C. Aug. 12, 2002). We deny all of Farley’s outstanding motions, including his motions for “HUD Attachment Sheets,” a writ of supersedeas, and a temporary restraining order. 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.*
**EXHIBIT 32.2**

 

*CHIEF FINANCIAL OFFICER CERTIFICATION PURSUANT TO 18 U.S.C.SECTION 1350*

 

In connection with theQuarterly Report of MedicalCV, Inc. (the “Company”) on Form 10-QSB for thequarterly period ended October 31, 2003, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Jules L. Fisher,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

(1)                                  the Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

(2)                                  the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

A signed original of thiswritten statement required by Section 906 has been provided to the Company andwill be retained by the Company and furnished to the Securities and ExchangeCommission or its staff upon request.

 

 
| Dated: | December 15, 2003 |   | By     | /s/ Jules L. Fisher     |   |
|--------|------------------------|--------|--------|-------------------------|--------|
|   |                   |   |   | Jules L. Fisher         |
|   |                   |   |   | Chief Financial Officer |

 

1

----
EXHIBIT 32.2

CERTIFICATION

In connection with the Annual Report of EP MedSystems, Inc. (the Company)
on Form 10-K for the period ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, based on his knowledge, hereby certifies, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|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 operation of the Company.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------

Date: March 28, 2008



/s/ James J. CarusoJames J. CarusoChief Financial Officer (Principal Financial Officer)
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
KARRINGTON HEALTH, INC. ANNUAL REPORT ON FORM 10K FOR THE YEAR ENDED DECEMBER
31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       2,737,566
<SECURITIES>                                         0
<RECEIVABLES>                                3,722,153
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             9,462,928
<PP&E>                                     121,250,747
<DEPRECIATION>                               4,002,147
<TOTAL-ASSETS>                             141,172,489
<CURRENT-LIABILITIES>                       22,899,966
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    33,501,855
<OTHER-SE>                                (22,454,470)
<TOTAL-LIABILITY-AND-EQUITY>               141,172,489
<SALES>                                              0
<TOTAL-REVENUES>                            34,825,495
<CGS>                                                0
<TOTAL-COSTS>                               28,289,171
<OTHER-EXPENSES>                          (15,790,246)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           5,882,378
<INCOME-PRETAX>                           (15,136,300)
<INCOME-TAX>                                 (340,000)
<INCOME-CONTINUING>                       (15,476,300)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (15,476,300)
<EPS-PRIMARY>                                   (2.26)
<EPS-DILUTED>                                   (2.26)
        

</TABLE>
NO. 07-04-0235-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TE XAS

AT AMARILLO PANEL D NOVEMBER 23, 2004

______________________________ BENNY JOE ALVAREZ, APPELLAN T

V. THE STATE OF TEXAS, APPELLE E

_________________________________ FROM THE 47TH DISTRICT COURT OF POTTER COUNTY; NO. 45,64 4-A; HONO RABLE H AL MINER , JUDGE

_______________________________ Before QUINN and REAVIS and CAMPBELL , JJ.
ABATEMENT AND REMAND Following his plea of not guilty, appellant Benny Joe Alvarez was convicte d by a jur y of aggravated assault with a deadly weapon, enhanced, and puni shment was assessed at 27 y ears confinement. Both the clerk’s record and reporter’s record have be en filed

. Attorney Gerald D. McDougal filed an Anders brief on July 16, 2004, and appellant filed a1 Anders v. Califor nia, 386U.S. 738 , 87 S.Ct. 1396, 18L.Ed.2d 493 (196 7). 2 pro se respons e on November 18, 2004. 1 The State did not favor us with a brie f. Upon suggestion of death of appellant’s attorney, we now abate this appeal and remand the cause to the trial court. Upon remand, t he trial court shall immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to determine the following: 1. whether appellant desires to prosecute this appea l; and 2. whether appellant is indigent and entitle d to new appointed counsel.
The trial co urtshall cause a hearing to be transcribed. Should it be determined that appellant

does want to continue the appeal and is indigent, then the t rial court shall also take such measures as may be necessa ry to assure appellant effective assistance of counsel, which measures may includethe appo intment of new cou nsel. If new counsel is a ppoi nted, the name, address, telephone number, and state bar number of said counsel shall be included in the order appointing new counsel. The trial court shall execute findings of fact, conclusions of law, and such orders as the court may enter regarding the aforementioned issues, and cause its findings and concl usions to be included in a supplemental clerk's record. A supplemental record of the hearing sh all also be included in the appellate record. Finally, the trial court shall file the supplemental clerk's record and supplemental reporter's record with the Clerk of this Court by Frid ay, January 14, 2005.3

Should new counsel be appointed, the Clerk of the Court is instructed to accept and file anybrief or supplemental brief newly appointed counsel desires to file. Absent a motion for extension of time, new counsel’s brief(s) shall be due withi n 30 days after filing of the supplemental clerk’s and reporter’s records. The State’s brief wi ll b e due within 60 days following filing of the supplemental clerk’s and reporter’s recordsor within 30 days following the fili ng of new

counsel ’s brief( s), which ever is l ater. Tex . R. App. P. 38.6(a ) & (b).
It is so ordered. Per Curiam Do not publish.
<TABLE> <S> <C>

<ARTICLE>             5
<MULTIPLIER>          1

<S>                           <C>                 <C>
<PERIOD-TYPE>                 12-MOS              12-MOS
<FISCAL-YEAR-END>             DEC-31-1995         DEC-31-1996
<PERIOD-START>                JAN-01-1995         JAN-01-1996
<PERIOD-END>                  DEC-31-1995         DEC-31-1996
<CASH>                            936,771          25,372,575
<SECURITIES>                            0                   0
<RECEIVABLES>                  59,595,401          97,086,496
<ALLOWANCES>                    3,771,413           7,972,104
<INVENTORY>                             0                   0
<CURRENT-ASSETS>               59,091,410         126,184,771
<PP&E>                         31,005,198          49,786,683
<DEPRECIATION>                  3,478,485          10,121,057
<TOTAL-ASSETS>                 87,123,970         210,595,919
<CURRENT-LIABILITIES>          30,730,420          60,190,531
<BONDS>                                 0                   0
<PREFERRED-MANDATORY>                   0                   0
<PREFERRED>                             0                   0
<COMMON>                          896,079         111,309,316
<OTHER-SE>                              0                   0
<TOTAL-LIABILITY-AND-EQUITY>   87,123,970         210,595,919
<SALES>                       215,375,486         428,552,436
<TOTAL-REVENUES>              215,375,486         428,552,436
<CGS>                         133,727,834         252,035,525
<TOTAL-COSTS>                 133,727,834         252,035,525
<OTHER-EXPENSES>               59,353,235         133,041,775
<LOSS-PROVISION>                        0                   0
<INTEREST-EXPENSE>              2,951,975           3,514,903
<INCOME-PRETAX>                19,342,442          39,960,233
<INCOME-TAX>                    7,531,592          16,394,046
<INCOME-CONTINUING>                     0                   0
<DISCONTINUED>                          0                   0
<EXTRAORDINARY>                         0                   0
<CHANGES>                               0                   0
<NET-INCOME>                   10,794,912          22,876,735
<EPS-PRIMARY>                        0.38                0.75
<EPS-DILUTED>                           0                   0


</TABLE>
**EXHIBIT 32.1**

 

*CHIEF EXECUTIVE OFFICER CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350*

 

In connection with the Quarterly Report of MedicalCV, Inc. (the “Company”)on Form 10-QSB, as amended, for the quarter ended July 31, 2005, asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),I, Marc P. Flores, President and Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

1.                                       TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

2.                                       Theinformation 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 906has been provided to the Company and will be retained by the Company andfurnished to the Securities and Exchange Commission or its staff upon request.

 

 
| Dated:   December 7, 2005 | By:                                   | /s/ Marc P. Flores |   |
|--------------------------------|---------------------------------------|--------------------|--------|
|                           | Marc P. Flores                        |
|                           | President and Chief Executive Officer |

 

----
**EXHIBIT 32.1**

 

*CHIEF EXECUTIVE OFFICER CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350*

* *

In connection with theQuarterly Report of MedicalCV, Inc. (the “Company”) on Form 10-QSBfor the quarter ended October 31, 2005, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Marc P. Flores,President and Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

1.             theReport fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

2.             theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

A signed original of thiswritten statement required by Section 906 has been provided to the Companyand will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.

 

 
| Dated:   December 14, 2005 | By:                                    | /s/ Marc P.  Flores |   |
|--------------------------------------|----------------------------------------|---------------------|--------|
|                                 | Marc P.  Flores                        |
|                                 | President  and Chief Executive Officer |

 

----
II

104TH CONGRESS

2D SESSION S. 2097

To modify the boundary of Bandelier National Monument in the State of

New Mexico, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 20, 1996

Mr. BINGAMAN (for himself and Mr. DOMENICI) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To modify the boundary of Bandelier National Monument

in the State of New Mexico, 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Bandelier National

5 Monument Boundary Modification Act of 1996’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds that—

8 (1) under the provisions of a special use permit,

9 sewage lagoons for Bandelier National Monument,

10 established by Proclamation No. 1322 (16 U.S.C.
2

•S 2097 IS

1 431 note) (referred to in this Act as the ‘‘monu2 ment’’) are located on land administered by the Sec3 retary of Energy that is adjacent to the monument;

4 and

5 (2) modification of the boundary of the monu6 ment to include the land on which the sewage la7 goons are situated—

8 (A) would facilitate administration of both

9 the monument and the adjacent land that would

10 remain under the administrative jurisdiction of

11 the Secretary of Energy: and

12 (B) can be accomplished at no cost.

13 (b) PURPOSE.—The purpose of this Act is to modify

14 the boundary between the monument and adjacent De15 partment of Energy land to facilitate management of the

16 monument and Department of Energy lands.

17 SEC. 3. BOUNDARY MODIFICATION.

18 (a) TRANSFER OF ADMINISTRATIVE JURISDIC19 TION.—The Secretary of Energy shall transfer to the Sec20 retary of the Interior administrative jurisdiction over the

21 land described in subsection (b).

22 (b) LAND DESCRIPTION.—The land described in this

23 subsection is the land comprising approximately 4.47

24 acres depicted on map 315/80,051, dated March 1995.
3

•S 2097 IS

1 (c) ADMINISTRATION.—Effective as of the date of the

2 transfer under subsection (a), the land and interests in

3 land transferred pursuant to subsection (a) shall be—

4 (1) administered as part of the monument; and

5 (2) subject to all laws applicable to the monu6 ment and all laws generally applicable to units of the

7 National Park System.

8 (d) PUBLIC AVAILABILITY OF MAP.—The map re9 ferred to in subsection (b) shall be kept on file and avail10 able for public inspection in the appropriate offices of the

11 National Park Service of the Department of the Interior.

Æ
#### Melba M. EAVES, Appellant, v. John S. EAVES, Appellee.

Court of Appeals of Kentucky.

Jan. 20, 1956.

*372Thomas J. Sabetta, Owensboro, for appellant.

W. D. Bratcher, Samuel T. Jarvis, Greenville, for appellee.

CLAY, Commissioner.

In this action a divorce was granted to the husband, and he was ordered to pay $80, a month for the support of his two-infant daughters, aged 13 and 8 respectively. The wife appeals on the ground that she should have been awarded a substantial amount as lump sum alimony.

- The parties had lived in Greenville, Kentucky, for several years. The husband was engaged in farming and owned and operated a 650 acre farm several miles from Greenville. The parties had at one time lived on the farm, but the wife preferred living in town. In 1952 the wife with her two children moved to her mother’s home in Flint, Michigan, where they now reside.

The evidence was rather insubstantial to support the granting of a divorce to either party. We cannot, of course, review the judgment in this respect, but the record convinces us that the parties were about equally at fault.

Since the wife was not wholly at fault and was not guilty of any moral delinquency, if the facts justified it, the Chancellor could have allowed her alimony. Coleman v. Coleman, Ky., 269 S.W.2d 730. Under the circumstances shown, we do not believe he committed reversible - error in failing to make such an award. However, in our opinion the allowance for the support of the children was inadequate.

As so often happens, the record is unsatisfactory with respect to the value of the husband’s estate and his ability to pay. He owns a 650 acre farm which he values at $30,000. The wife contends it has a value in excess of $75,000, exclusive of livestock, chickens and equipment. He also has a one-fourth interest in over four thousand acres of coal land which the wife values at $220,000. The husband values the interest at about $1,000.

The husband admits to an "income of $3,-000 in 1952, but in a letter to his wife after the separation he stated that his chickens should produce an income of from $4,000 to $5,000 a year. It appears that prior to the separatiqn the husband gave the wife $225 a month for household expenses.

On the other hand, the wife has no estate of her own, and is now working to support herself and children. " It is evident that this will increase the expenses of their maintenance, and we believe it proper to consider the wife and children as a unit *373with respect to this allowance. See Napier v. Napier, 286 Ky. 452, 151 S.W.2d 72.

In our opinion the husband is able to and should pay to the wife for the childrens’ support the sum of $150 a month.

The wife raises some question about an attorney’s fee, but it is not properly before us.

- The judgment is reversed for the entry of one consistent with this opinion.