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


                 TOUCHSTONE APPLIED SCIENCE ASSOCIATES, INC.
                             AND SUBSIDIARIES
                                                                   EXHIBIT II
                                                                   ----------

                  COMPUTATION OF EARNINGS PER COMMON SHARE

                                               1 9 9 7       1 9 9 6      1 9 9 5
                                               -------       -------      -------
<S>                                    <C>              <C>          <C>
Primary earnings:

Net income (loss)                           $(1,363,811)   $  192,048   $  155,146
                                            -----------    ----------   ----------

Shares:
Weighted common shares outstanding            8,213,089     7,524,539    6,899,400
Employees stock options                              --       116,328      255,842
Options to The Harriman Group                        --            --      506,035
B warrants                                           --            --           --
Underwriter options                                  --            --        4,234
                                            -----------    ----------   ----------

Total weighted shares outstanding             8,213,089     7,640,867    7,665,511
                                            -----------    ----------   ----------

Primary earnings per share                  $      (.17)   $      .03   $      .02
                                            ===========    ==========   ==========

Fully diluted earnings:

Net income (loss)                           $(1,363,811)   $  192,048   $  155,146
                                            -----------    ----------   ----------

Shares:
Weighted  common shares outstanding           8,213,089     7,524,539    6,899,400
Employee stock options                               --       116,328      301,956
Options to The Harriman Group                        --            --      525,789
B warrants                                           --            --           --
Underwriter options                                  --            --       11,179
                                            -----------    ----------   ----------
 
Total weighted shares outstanding             8,213,089     7,640,867    7,738,324
                                            -----------    ----------   ----------

Fully diluted earnings per common share     $      (.17)   $      .03   $      .02
                                            ===========    ==========   ==========


</TABLE>
#### Kenneth B. GOLDING, petitioner, v. UNITED STATES.

No. 02-1041.

Supreme Court of United States

Feb. 24, 2003.

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.
I 

112TH CONGRESS 

1ST SESSION H. R. 145 

To repeal the Patient Protection and Affordable Care Act (Public Law 111– 

148) and related health-care provisions. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 5, 2011 

Mr. MACK introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committees on Ways 

and Means, Education and the Workforce, the Judiciary, Natural Resources, House Administration, Rules, and Appropriations, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To repeal the Patient Protection and Affordable Care Act 

(Public Law 111–148) and related health-care provisions. 

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 ‘‘Revoke Excessive Poli5 cies that Encroach on American Liberties (REPEAL) 

6 Act’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 145 IH

1 SEC. 2. REPEAL OF PPACA AND RELATED HEALTH-CARE 

2 PROVISIONS. 

3 (a) PPACA.—Effective as of the enactment of the 

4 Patient Protection and Affordable Care Act (Public Law 

5 111–148), such Act is repealed. 

6 (b) RELATED HEALTH-CARE PROVISIONS.—Effec7 tive as of the enactment of the Health Care and Education 

8 Reconciliation Act of 2010 (Public Law 111–152), title 

9 I and subtitle B of title II of such Act are repealed. 

10 (c) RESTORATION AND REVIVAL.—The provisions of 

11 law amended or repealed by the Patient Protection and 

12 Affordable Care Act, or by title I or subtitle B of title 

13 II of the Health Care and Education Reconciliation Act 

14 of 2010, are restored or revived as if the Patient Protec15 tion and Affordable Care Act, and title I and subtitle B 

16 of title II of the Health Care and Education Reconciliation 

17 Act of 2010, had not been enacted. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
#### POLYNESIAN ARTS, Inc. v. Ladye K. Allen McKELVEY.

Court of Appeals of Kentucky.

Oct. 14, 1955.

Robbins & Cross, Mayfield, for appellant.

McDonald, Boaz & Boaz, Mayfield, for appellee.

PER CURIAM.

The judgment of the trial court directed a verdict for the appellee, the landlord, and denied recovery of damages by the appellant, the tenant, for the landlord’s allegedly negligent repairs to the property. The action of the trial court was proper.

The motion for an appeal is overruled, and the judgment is affirmed.
I 

112TH CONGRESS 

1ST SESSION H. R. 1297 

To appropriate such funds as may be necessary to ensure that members 

of the Armed Forces, including reserve components thereof, continue 

to receive pay and allowances for active service performed when a funding 

gap caused by the failure to enact interim or full-year appropriations 

for the Armed Forces occurs, which results in the furlough of nonemergency personnel and the curtailment of Government activities and 

services. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 31, 2011 

Mr. GOHMERT (for himself and Mr. KINGSTON) introduced the following bill; 

which was referred to the Committee on Armed Services, and in addition 

to the Committee on Transportation and Infrastructure, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To appropriate such funds as may be necessary to ensure 

that members of the Armed Forces, including reserve 

components thereof, continue to receive pay and allowances for active service performed when a funding gap 

caused by the failure to enact interim or full-year appropriations for the Armed Forces occurs, which results 

in the furlough of non-emergency personnel and the curtailment of Government activities and services. 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•HR 1297 IH

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 ‘‘Ensuring Pay for Our 

5 Military Act of 2011’’. 

6 SEC. 2. EMERGENCY APPROPRIATION OF FUNDS TO PRO7 VIDE PAY AND ALLOWANCES FOR MEMBERS 

8 OF THE ARMED FORCES DURING FUNDING 

9 GAP IMPACTING THE DEPARTMENT OF DE10 FENSE OR DEPARTMENT OF HOMELAND SE11 CURITY. 

12 (a) APPROPRIATION OF FUNDS FOR MILITARY PAY

13 AND ALLOWANCES.—During a funding gap impacting the 

14 Armed Forces, the Secretary of the Treasury shall make 

15 available to the Secretary of Defense (and the Secretary 

16 of Homeland Security in the case of the Coast Guard), 

17 out of any amounts in the general fund of the Treasury 

18 not otherwise appropriated, such amounts as the Secretary 

19 of Defense (and the Secretary of Homeland Security in 

20 the case of the Coast Guard) determines to be necessary 

21 to continue to provide pay and allowances (without inter22 ruption) to members of the Army, Navy, Air Force, Ma23 rine Corps, and Coast Guard, including reserve compo24 nents thereof, who perform active service during the fund25 ing gap. 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

•HR 1297 IH

1 (b) FUNDING GAP DEFINED.—In this section, the 

2 term ‘‘funding gap’’ means any period of time after the 

3 beginning of a fiscal year for which interim or full-year 

4 appropriations for the personnel accounts of the Armed 

5 Forces for that fiscal year have not been enacted. 

6 (c) DURATION OF TRANSFER AUTHORITY.—No 

7 transfer may be made by the Secretary of the Treasury 

8 under subsection (a) after December 31, 2011. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS
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 Quarterly Report of Global Innovative Systems, Inc. (the "Company") on Form 10-QSB for the three months ended December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, William McGinty; the President, Secretary and Treasurer 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 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.

Dated: February 13, 2004

/s/ William McGintyWilliam McGinty, President, Secretary and Treasurer
(Principal Executive Officer and Principal Financial Officer)
Exhibit 32.1
                             CERTIFICATE PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         Each of the undersigned  hereby certifies in his capacity as an officer
of InMedica Development  Corporation (the Company) that the Annual Report of the
Company on Form 10KSB for the year ended  December 31, 2003 fully  complies with
the  requirements  of Section 13(a) of the  Securities  Exchange Act of 1934 and
that the information  contained in such report fairly presents,  in all material
respects,  the financial condition of the Company at the end of such periods and
the results of operations of the Company for such periods.


/s/ Ralph Henson
Ralph Henson,
 Chief Executive Officer
DATE:  December 27, 2004


/s/ Richard Bruggeman
Richard Bruggeman,
 Chief Financial Officer
DATE:   December 27, 2004
EXHIBIT32

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of Fun For You, Inc. (the"Company") on Form 10-QSB for the period ended March 31, 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

May 13,2004
Exhibit 32.1

CERTIFICATION

Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the Exchange
Act), and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350), Michael M. Wick, M.D., Ph.D., the Chairman and Chief Executive Officer of Telik, Inc. (the Company), and Cynthia M.
Butitta, the Chief Operating Officer and Chief Financial Officer of the Company, each hereby certifies that, to the best of his or her knowledge:

1.The Companys Quarterly Report on Form 10-Q for the period ended March 31, 2010, to which this Certification is attached as Exhibit
32.1 (the Periodic Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act; and

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

In Witness Whereof, the undersigned have set their hands hereto as of the 6th day of May, 2010.



|                                     |  |  |  |                                                    
|------------------------------------ |  |  |  | ---------------------------------------------------
|/s/ MICHAEL M. WICK                  |  |  |  | /s/ CYNTHIA M. BUTITTA                             
|Michael M. Wick, M.D., Ph.D.         |  |  |  | Cynthia M. Butitta                                 
|Chairman and Chief Executive Officer |  |  |  | Chief Operating Officer and
Chief Financial Officer

This
certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of Telik, Inc. under the Securities Act of 1933, as amended, or
the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR. R.

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-41134

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee

versus

JOSEPH VITO FAZIO,

Defendant-Appellant

************************************************************

No. 97-41135

UNITED STATES OF AMERICA

Plaintiff-Appellee

versus

LEE JAMES JENSEN

Defendant-Appellant

 

Appeals from the United States District Court

For the Eastern District of Texas

(1:96-CR-117-2) 

 

September 14, 1998

Before REYNALDO G. GARZA, HIGGINBOTHAM, and EMILIO M. GARZA,

Circuit Judges.

PER CURIAM:*

This case presents a close question regarding the validity of
2

an automobile search on an interstate highway. It boils down to a

judgment call of whether the arresting officer unreasonably

extended an otherwise legal detention. 

We have considered the briefs, heard oral argument, reviewed

the transcripts of the videotaped arrest, and the hearings on the

motion to suppress. Ultimately, we are persuaded that the district

court did not err in denying the motion to suppress. For

essentially the reasons stated by the district court, we AFFIRM.
cytx-ex1039_655.htm



Exhibit 10.39

THIRD AMENDMENT

TO THE 2014 EQUITY INCENTIVE PLAN

OF CYTORI THERAPEUTICS, INC.

THIS THIRD AMENDMENT TO the 2014 EQUITY INCENTIVE PLAN of CYTORI THERAPEUTICS, INC. (this “Amendment”), dated as of January 26, 2017, is made and adopted by CYTORI THERAPEUTICS, INC., a Delaware corporation (the “Company”).  Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Plan (as defined below).

RECITALS

WHEREAS, the Company has adopted the 2014 Equity Incentive Plan of Cytori Therapeutics, Inc. (the “Plan”); 

WHEREAS, the Company desires to amend the Plan as set forth below;

WHEREAS, pursuant to Section 18 of the Plan, the Plan may be amended by the Board of Directors of the Company or the Committee; and

WHEREAS, the Board of Directors of the Company has approved this Amendment pursuant to resolutions adopted on January 26, 2017.

NOW, THEREFORE, in consideration of the foregoing, the Company hereby amends the Plan as follows:

1. Section 5.3(c) of the Plan is hereby amended to read as follows:

“(c) Nonemployee Director Compensation.  Notwithstanding any provision to the contrary in the Plan, the Board may establish compensation for Nonemployee Directors from time to time, subject to the limitations in the Plan.  The Board will from time to time determine the terms, conditions and amounts of all such Nonemployee Director compensation in its discretion and pursuant to the exercise of its business judgment, taking into account such factors, circumstances and considerations as it shall deem relevant from time to time, provided that the sum of any cash compensation, or other compensation, and the value (determined as of the grant date in accordance with Financial Accounting Standards Board Accounting Standards Codification Topic 718, or any successor thereto) of Awards granted to a Nonemployee Director as compensation for services as a Nonemployee Director during any calendar year of the Company may not exceed $500,000, increased to $700,000 in the calendar year of his or her initial service as a Nonemployee Director (the “Director Limit”).  The Board may make exceptions to the Director Limit for individual Nonemployee Directors in extraordinary circumstances, as the Board may determine in its discretion, provided that the Nonemployee Director receiving such additional compensation may not participate in the decision to award such compensation or in other contemporaneous compensation decisions involving Nonemployee Directors.” 

2. This Amendment shall be and is hereby incorporated in and forms a part of the Plan.  All other terms and provisions of the Plan shall remain unchanged except as specifically modified herein.  The Plan, as amended by this Amendment, is hereby ratified and confirmed.

I hereby certify that the foregoing Amendment was duly adopted by the Board of Directors of Cytori Therapeutics, Inc. on January 26, 2017.

 


	
By:
	
 
	
/s/ Jeremy Hayden

	
Name:
	
 
	
Jeremy Hayden

	
Title:
	
 
	
General Counsel




 

 

US-DOCS\74905130.2
#### The State, ex rel. Home Owners’ Loan Corp., *v.*Pontius, Treas., et al.

(No. 27534

Decided June 21, 1939.)

*578
      *Mr. James White Shochnessy*and *Miss Florence G. Denton,*for relator.

*Mr. A. G. L. Barth elm eh,*prosecuting attorney, for respondents, Fred C. Pontius, county treasurer, and Lester S. Lash, county auditor.

*Mr. Emmett D. Grayhill,*for respondent, city of Massillon.

By the Court.

Counsel for the county auditor and treasurer maintains that the relief sought-is, in effect, injunction to prevent the collection of delinquent sewer rentals and therefore mandamus will not lie.

“The writ must not be issued in a case where there *579is a plain and adequate remedy in the ordinary course of the law. * * *” Section 12287, General Code; *State, ex rel. Methodist Book Concern,*v. *Guckenberger, Auditor,*133 Ohio St., 373, 14 N. E. (2d), 9.

*Writ denied.*

Weygandt, C. J., Day, Zimmerman, Williams, Myers, Matthias and Hart, JJ., concur.
exv10w12w3



 





EXHIBIT 10.12.3




THIRD AMENDMENT TO LICENSE AGREEMENT




          This Third Amendment to License Agreement (“Agreement”) dated effective as
of February 18, 2004, as previously amended by the First and Second Amendments,
dated February 19, 2002 and as of August 1, 2002, respectively (hereinafter,
collectively referred to as “Agreement”), is made by and between Emerson Radio
Corp. (“Licensor”) and Funai Corporation, Inc. (“Licensee”).



          WHEREAS, Licensor and Licensee are parties to the Agreement; and




          WHEREAS, the parties wish to continue their relationship pursuant to the
Agreement after December 31, 2004, which date presently is the end of the
Initial Term of the Agreement.



          NOW, THEREFORE, the parties agree to the following:




	 	1.	 	Capitalized Terms and Exhibit C. All capitalized terms not
defined herein shall have the same meaning as in the Agreement. All
references to Exhibit C and Amended Exhibit C in the Agreement shall
hereinafter refer to the Second Amended Exhibit C, a copy of which
is annexed hereto.
	 
	 	2.	 	Amendment of Section 3(a) of the Agreement. Section 3(a) of
the Agreement shall be amended to read as follows:
	 
	 	“(a)	 	Subject to the earlier expiration or termination of this
Agreement as provided in Section 9 or otherwise, this Agreement
shall be effective as of the Effective Date and expire as of the
close of business on December 31, 2005 (the “Initial Term”), subject
to renewal for successive three-year periods thereafter provided (i)
Licensee has paid to Licensor all Royalties and Minimum Royalties
(as hereinafter defined) payable for each Contract Year as set forth
herein in Second Amended Exhibit C of this Agreement, (ii) Licensee
has satisfied and/or complied with all of its obligations hereunder,
and (iii) the parties mutually agree in writing as to the minimum
royalties and gross sales projections for any such renewal term.
Each successive renewal period shall hereinafter be referred to as a
“Renewal Term.” “Initial Term” and “Renewal Term” shall collectively
be referred to as “Term”.”
	 
	 	3.	 	All Other Provisions of the Agreement. All other provisions
of the Agreement not amended herein shall continue to have their
full force and effect.





          IN WITNESS WHEREOF, this Third Amendment has been executed by the duly
authorized representative of each party effective as of the date set forth
above.



	 	 	 	 	 
	

	 	EMERSON RADIO CORP.
	 	FUNAI CORPORATION, INC.
	 
	 	 	 	 
	

	 	By: /s/ John J. Raab 


Name: John J. Raab


Title: COO – SEVP
	 	By: /s/ Takeshi Ito

Name: Takeshi Ito

Title: CEO, President
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23
- 6558

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. GARVIN ALEXANDER HARRIS , Defendant

- Appellant

.

Appeal from the United States District Court for the Western District of North Carolina , at Charlotte

. Robert J. Conrad , Jr., District Judge . ( 3:20

- cr - 00335

- RJC

- DCK

- 1 ; 3:23

- cv 00260

- RJC )

Submitted : October 19, 2023 Decided: October 24, 2023

Before KING and WYNN , Circuit Judges , and TRAXLER, Senior Circuit Judge

.
Dismissed by un published per curiam opinion

.
Garvin Alexander Harris , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6558 Doc: 10 Filed: 10/24/2023 Pg: 1 of 22 PER CURIAM: Garvin Alexander Harris seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C. § 225 5 motion

. See Whiteside v. United States , 775 F.3d 180, 182

- 83 (4th Cir. 2014) (en banc) (explaining that § 2255 motions are subject to one

- year statute of limitations, running from latest of four commencement dates enumerated in 28 U.S.C. § 2255(f)). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)( B ). 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). When , as here, the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the motion states a debatable claim of the denial of a constitutional right. Gonzalez v. Thaler , 565 U.S. 134, 140

- 41 (2012) (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000))

. We have independently r eviewed the record and conclude that Harris has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED USCA4 Appeal: 23-6558 Doc: 10 Filed: 10/24/2023 Pg: 2 of 2