alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Grant of Security Interest in U.S. Patent, dated February 5, 2004



 Exhibit 10.7 
  
 GRANT OF SECURITY INTEREST IN 
 U. S. PATENT 
  
 WHEREAS,
TieTek Technologies, Inc. (formerly known as TieTek, Inc.), a Texas corporation, with offices located at 14315 West Hardy Road, Houston, Texas 77060 (“Grantor”); and Tie Investors, LLC, a Texas limited liability company, with
offices located at 5949 Sherry Lane, Suite 1900, Dallas, Texas 75225 (“Grantee”), are parties to a certain Patent Security Agreement, dated February 5, 2004 (the “Agreement”), which is incorporated herein by
reference; 
  
 WHEREAS, said Agreement provides, inter
alia, for the granting of a lien on, and a security interest in, U.S. Patent No. 5,886,078 (the “Patent”) issued on March 23, 1999, including any reexaminations or reissues thereof; and 
  
 WHEREAS, it is the purpose of this document to perfect and memorialize the
security interest granted to Grantee in the Patent, in a form suitable for recording in the United States Patent and Trademark Office. 
  
 NOW, THEREFORE, for good and valuable consideration, the receipt of which is acknowledged, and subject to the terms and conditions of the Agreement,
Grantor hereby assigns and grants to Grantee, its successors and assigns, a perfected first priority continuing general security interest in and lien on the Patent including, without limitation, (a) all divisions, reissues, substitutions,
continuations, continuations-in-part, renewals, and extensions thereof; (b) all income, royalties, damages, and payments for past or future infringements thereof; (c) the right to sue for past, present, and future infringements; (d) all rights
corresponding thereto; (e) all accounts receivable, general intangibles, and instruments arising out of any of the foregoing; (f) all proceeds of insurance relating to any of the foregoing; and (g) all proceeds of any of the foregoing, to secure the
Obligations (as defined in the Agreement). Grantor further agrees that it will pay any maintenance fees due for the Patent and do all other things necessary to maintain such patent in force during the term of this grant of security interest.

  

			
	GRANTOR:
	
	TIETEK TECHNOLOGIES, INC., a Texas corporation
		
	 By:
	 	 /s/ Henry W. Sullivan


	 Name:
	 	 Henry W. Sullivan


	 Its:
	 	 President
Exhibit










Exhibit 10.17






Dynex Capital, Inc.
2017 Annual Base Salaries for Executive Officers






The 2017 annual base salaries for Dynex Capital, Inc.’s executive officers are as follows: 


Byron L. Boston, Chief Executive Officer, President 
and Co-Chief Investment Officer     $675,000


Stephen J. Benedetti, Executive Vice President, Chief
Financial Officer and Chief Operating Officer    $435,000


Smriti L. Popenoe, Executive Vice President and 
Co-Chief Investment Officer     $435,000
#### Herbert Gus WILDE et ux., Petitioners, v. Juanell BUCHANAN, Respondent.

No. A-6479.

Supreme Court of Texas.

Oct. 2, 1957.

Rehearing Denied Oct. 30, 1957.

Grindstaff & Grindstaff, Ballinger, Francis G. Culhane, San Angelo, for petitioner.

Jack Moore, Ballinger, for respondent.

PER'CURIAM.

We approve the holding of the Court of Civil Appeals that respondent had the unconditional right to withdraw her consent at any time before the court acted on the petition for adoption. Boyed v. Wilson, Tex.Civ.App., 258 S.W.2d 223, wr. ref.

The application for writ of error is refused, no reversible error.
EXHIBIT 32.1

CERTIFICATION PURSUANT TO
18 UNITED STATES CODE SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I,
Dennis J. FitzSimons, the Chairman, President and Chief Executive Officer of Tribune Company, certify that (i) Tribune Company's Form 10-K for the year ended
Dec. 26, 2004 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
Form 10-K for the year ended Dec. 26, 2004 fairly presents, in all material respects, the financial condition and the results of operations of Tribune Company.

| |  | /s/DENNIS J. FITZSIMONSDennis J. FitzSimons
Chairman, President and
Chief Executive Officer
March 4, 2005
| |  | ---------------------------------------------------------------------------------------------------------

118

---



QuickLinks
EXHIBIT32

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of Interbank Capital Corp. (the"Company") on Form 10-QSB for the period ended June 30, 2004, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), I, Anthony N. DeMint, President and Chief AccountingOfficer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant 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/Anthony N.DeMint                       

AnthonyN. DeMint

Presidentand Chief Accounting Officer

July__,2004
p.1 

OAR Box 1828 

Prepped by Ollie Stewart 

Document Number: 

83) ll-K- (B) -71 

Docket Number: 

A-83-27 

Printed 11/12/200811:12:51 AM Sheet 83 of 325 
P.2 

II-K-(B)-71 

REVISED ENERGY SCENARIO FOR IFCAM. 

Letter from E. Medine, EEA to R. Short, EPArSASD. 

April 20, 1981. 

THIS INFORMATION CAN BE FOUND IN DOCKET A-79-02, ITEM 

7 

II-K-(B)-71
#### Randolph JOHNSTON, Appellant, v. The STATE of Texas, Appellee.

No. 29690.

Court of Criminal Appeals of Texas.

April 2, 1958.

No attorney on appeal for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

WOODLEY, Judge.

Randolph Wayne Johnston is confined in the penitentiary under sentences from Tarrant and Hood Counties. His attack upon the validity of the Hood County sentences by habeas corpus has not been passed upon because he is legally confined in the penitentiary under a valid twelve year sentence in Cause No. 53,870 in Criminal District Court No. 2 of Tarrant County.

Nunc pro tunc proceedings were brought in Hood County in each of said causes for the purpose of correcting the recitations of the judgments in Causes Nos. 2975, 2977 and 2978, and after hearing order was entered granting the State’s motion to correct each of said judgments so as to show that the punishment was assessed upon a plea of guilty before the court in each case at twelve years in the penitentiary, the judgments previously entered erroneously reciting that the punishment in each case was assessed at “not less than two years nor more than twelve years.”

To the entry of the judgments nunc pro tunc, notice of appeal was given to this Court which will be jointly disposed of with appellant’s renewed application for habeas corpus.

Appellant was represented, by counsel when tried, but was without counsel at the hearing on the State’s motion to correct the judgments. He sought delay until he could produce witnesses on the question of whether the judgments actually rendered at the trials assessed a definite punishment of twelve years or an indefinite term of not less than two years nor more than twelve years.

Certified copies of the criminal docket sheets and affidavits have been filed in this Court indicating that the court assessed the punishment at an indefinite term of not less than two ye'ars nor more than twelve years.

Under th.e circumstances shown by the record the nunc pro tunc judgments from the entry of which appellant has appealed are set aside, without prejudice to the right of the State to again present its mo*824tions and of the trial court to hear, consider and determine same, appellant and his counsel having opportunity to be present and offer testimony on the question of the punishment actually assessed at the trials.

Appellant being under valid sentence from Tarrant County, the relief prayed for by habeas corpus is otherwise denied.
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 10-50823 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff - Appellee

v. ROBERT MARTIN YORKMAN, also known as Robert Yorkman, also known as Lil Rob, Defendant - Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 7:09-CR-292-1
Before KING, GARZA, and SOUTHWICK, Circuit Judges. PER CURIAM: * Robert Martin Yorkman pled guilty pursuant to a plea agreement to conspiracy to distribute and possess with intent to distribute five kilograms or

more of cocaine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846. He was sentenced within the Guidelines to 216 months of imprisonment. As part of his plea agreement, Yorkman waived his right to appeal any aspect of his conviction and sentence. U n i te d S ta te s C o u rt o f A p p ea l s F i ft h C i rc u i t 

### F I L E D July 29, 2 011 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the cour t has d ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C IR

. R. 47.5 .4. Case: 10-50823 Document: 00511555620 Page: 1 Date Filed: 07/29/2011No. 10-50823

Yorkman now challenges his sentence on appeal. The sole issue he raises i s wh e th er th e district court erred in applying a two-level enhancement pur s u ant to Section 2D1.1(b)(1) of the United States Sent e n c i n g Guidelines, based on Yorkman’s possession of a firearm. The government seeks the enforcement of the appeal waiver contained in the plea agreement and requests that the appeal be dismissed. Yorkman does not challenge, or even address, the validity of the appeal waiver in his brief. We revie w de novo whether an appeal waiver bars an appeal. United States v. Baymon , 312 F.3d 725, 727 (5th Cir. 200 2). The record demonstrates that Yorkman’s appea l waiver was knowing and voluntary. See United States

v. Bond , 414 F.3d 542, 544 (5th Cir. 2005). Further, under the plain language of the plea agreement, the waiver applies to the circumstances a t i ssue. Id. Thus, the appeal waiver is valid. Although a valid waiver does not implicate our jurisdiction, see United States v. Story , 439 F.3d 226, 230 (5th Cir. 2006), Yor k m a n ’ s a p p e al of his sentence is clearly barred by the waiver, a nd the appeal is dismissed as frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir, 1983); 5th Cir. R. 42.2. Defense counsel is warned that the filing of an appeal contrary to an appeal waiver is a needless waste of resources and could result in sanctions. See United States v. Gaitan , 171 F.3d 222, 223-24 (5th Cir. 1 999). APPEAL DISMISSED.

2 Case: 10-50823 Document: 00511555620 Page: 2 Date Filed: 07/29/2011
**EXHIBIT 23**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

The Board of Directors of 

Electro Scientific Industries, Inc.: 

We consent to the incorporation byreference in the registration statements (Nos. 33-65477, 333-35927, 333-84552 and 333-88727) on Form S-3 and registration statements (Nos. 33-63705, 333-16485, 333-16487, 333-29513, 333-35917, 333-46443, 333-55060, 333-67356, 333-88411, 333-122660,333-122661, 333-122662, 333-137878, 333-137879, 333-146107, 333-151804, and 333-155978) on Form S-8 of Electro Scientific Industries, Inc. and subsidiaries of our reports dated June 10, 2009, with respect to the consolidated balance sheets ofElectro Scientific Industries, Inc. and subsidiaries as of March 28, 2009 and March 29, 2008 and the related consolidated statements of operations, shareholders’ equity and comprehensive income (loss), and cash flows for the yearended March 28, 2009, the ten-month period ended March 29, 2008 and the year ended June 2, 2007, and the effectiveness of internal control over financial reporting as of March 28, 2009, which reports appear in the March 28,2009 annual report on Form 10-K of Electro Scientific Industries, Inc. and subsidiaries. 

Our report on the consolidated financial statements refers toElectro Scientific Industries, Inc.’s adoption of Financial Accounting Standards Board Interpretation (FIN) No. 48, *Accounting for Uncertainty in Income Taxes—an interpretation of FASB Statement No. 109*, effectiveJune 3, 2007.
EXHIBIT 32
                                                                ----------

                TOUCHSTONE APPLIED SCIENCE ASSOCIATES, INC.

                       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 Touchstone Applied
Science Associates, Inc. (the "Company") on Form 10-KSB for the
period ending October 31, 2006 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Andrew L.
Simon, President and Director 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 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 result of operations of the Company.

March 13, 2007                             /s/ ANDREW L. SIMON
                                           -------------------

                                           President, Chief Executive
                                           Officer

March 13, 2007                             /s/ JAMES J. WILLIAMS
                                           ---------------------

                                           Chief Financial Officer

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 TOUCHSTONE APPLIED SCIENCE
ASSOCIATES, INC. AND WILL BE RETAINED BY TOUCHSTONE APPLIED SCIENCE
ASSOCIATES, INC. AND FURNISHED TO THE SECURITIES AND EXCHANGE
COMMISSION OR ITS STAFF UPON REQUEST.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       3,017,500
<SECURITIES>                                 2,943,000
<RECEIVABLES>                                   27,800
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             5,988,300
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               5,966,300
<CURRENT-LIABILITIES>                          143,700
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   5,851,300
<TOTAL-LIABILITY-AND-EQUITY>                 5,966,300
<SALES>                                              0
<TOTAL-REVENUES>                               405,400
<CGS>                                                0
<TOTAL-COSTS>                                    5,900
<OTHER-EXPENSES>                               107,100
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                292,400
<INCOME-TAX>                                       600
<INCOME-CONTINUING>                            291,800
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   291,800
<EPS-BASIC>                                       3.40
<EPS-DILUTED>                                     3.40


</TABLE>
II

104TH CONGRESS

1ST SESSION S. 477

To provide for the temporary suspension of the reformulated gasoline requirements under the Clean Air Act in States where bona fide health concerns

have been raised until those concerns are appropriately addressed.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 27 (legislative day, FEBRUARY 22), 1995

Mr. KOHL (for himself and Mr. FEINGOLD) introduced the following bill;

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

Public Works

A BILL

To provide for the temporary suspension of the reformulated

gasoline requirements under the Clean Air Act in States

where bona fide health concerns have been raised until

those concerns are appropriately addressed.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SUSPENSION OF REFORMULATED GASOLINE

4 RULES.

5 Notwithstanding any other law, upon the certification

6 by appropriate health officials of a State that bona fide

7 health concerns have been raised with respect to the use

8 of reformulated gasoline as required by rules issued by the
2

•S 477 IS

1 Administrator of the Environmental Protection Agency to

2 achieve the objectives of 211(k) of the Clean Air Act (42

3 U.S.C. 7545(k)), the Administrator shall suspend imple4 mentation of those rules in the State until the later of—

5 (1) April 1, 1995; or

6 (2) the date on which the Secretary of Health

7 and Human Services and the Administrator of the

8 Environmental Protection Agency, in conjunction

9 with appropriate public health officials of the State,

10 certify that the reformulated gasoline used to

11 achieve the objectives of that section is not causing

12 human health problems.

13 SEC. 2. STUDY OF HEALTH EFFECTS OF REFORMULATED

14 GASOLINE.

15 The Secretary of Health and Human Services and the

16 Administrator of the Environmental Protection Agency, in

17 conjunction with appropriate public health officials of a

18 State that has requested a suspension of rules under sec19 tion 1, shall—

20 (1) investigate health complaints associated

21 with use of reformulated gasoline in the State;

22 (2) report to Congress by April 1, 1995, on the

23 result of the investigation; and

24 (3) include in the report recommendations for

25 alternative formulations that will meet with require-
3

•S 477 IS

1 ments of section 211(k) of the Clean Air Act (42

2 U.S.C. 7545(k)) without causing the health prob3 lems reported in the State.

Æ
EXHIBIT 23.1
                                                                ------------



                CONSENT OF LAZAR, LEVINE & FELIX LLP

      We consent to the incorporation by reference of our report
dated January 19, 2006 except to Note 1 as to which the date is
January 12, 2007 with respect to the consolidated financial
statements and notes thereto of Touchstone Applied Science
Associates, Inc. as of and for the year ended October 31, 2005
included in its Annual Report (Form 10-KSB) for the fiscal year
ended October 31, 2005 filed with the Securities and Exchange
Commission into (i) the Company's Registration Statement on Form
S-3 (SEC File No. 333-27659), (ii) the Company's Registration
Statement on Form S-8 (SEC File No. 333-424), (iii) the Company's
Registration Statement on Form S-3 (SEC File No. 333-75377),
(iv) the Company's Registration Statement on Form S-8 (SEC
File No. 333-110156), (v) the Company's Registration Statement
on Form S-8 (SEC File No. 333-110157), and (vi) the Company's
Registration Statement on Form SB-2 (SEC File No. 333-129261).
LAZAR, LEVINE & FELIX LLP

Lazar Levine & Felix LLP
New York, New York
January 19, 2006
Except to Note 1 as to which the date is January 12, 2007
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: TENET HOSPITALS LIMITED,

A TEXAS LIMITED PARTNERSHIP

D/B/A PROVIDENCE MEMORIAL

HOSPITAL

RELATOR, §

§

§

§

§ No. 08

- 13

- 00355

- CV

AN ORIGINAL PROCEEDING

IN MANDAMUS

J U D G M E N T

The Court has considered this cause on the Relator’s motion to dismiss the petition for

writ of mandamus against the Honorable Sergio Enriquez, Judge of the 448 th District Court of

El Paso County, Texas, and concludes Relator’s motion to dismiss the petition for writ of

mandamus should be granted. We therefore grant the motion to dismiss the petition for writ of

mandamus, in accordance with the opinion of this C ourt.

IT IS SO ORDERED THIS 23RD DAY OF JULY , 2014.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rivera, and Rodriguez, JJ.
#### Ross MIDDLEMIST, Wayne W. Maughan, Flathead Joint Board of Control, Plaintiffs-Appellants, v. Secretary of the Interior, Bruce BABBITT; Director of the Bureau of Indian Affairs, Portland Area, Stanley M. Speaks; Members of the Tribal Council of the Confederated Salish and Kootenai Tribes, Michael Pablo, Sonny Morigeau, Louis Adams, Hank Baylor, et al., Defendants-Appellees.

No. 93-35315.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted March 7, 1994.

Decided April 6, 1994.

Jon Metropoulos, Browning, Kaleczyc, Berry & Hoven, Helena, MT, for plaintiffs-appellants.

John B. Carter, Tribal Legal Dept., Confederated Salish and Kootenai Tribes, Pablo, MT, Peter R. Steenland, Jr. and Ellen J. Durkee, Environment & Natural Resources Div., U.S. Dept, of Justice, Washington, D.C., for defendants-appellees.

Harley R. Harris, Asst. Atty. Gen., Helena, MT, for amicus.

Before: HUG, HALL, and THOMPSON, Circuit Judges.

ORDER

We affirm the district court on the basis of its well-reasoned published opinion, *Middlemist v. Secretary of United States Department of Interior,*824 F.Supp. 940 (D.Mont.1993).

AFFIRMED.