alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
PROMEDCO MANAGEMENT COMPANY
EXHIBIT 11
Computation of Per Share Earnings
<TABLE>
<CAPTION>


                                                          Three Months Ended              Nine Months Ended
                                                             September 30,                  September 30,          
                                                          1998           1997           1998            1997       
<S>                                                  <C>             <C>            <C>           <C>
BASIC
     Weighted average shares outstanding                20,806,408      10,063,095     17,001,933         8,934,939
     Contingently issuable shares in
            business combinations                          644,058       1,979,674        660,017         1,979,674
                                                     -------------   -------------  -------------  ----------------
     Number of common shares outstanding                21,450,466      12,042,769     17,661,950        10,914,613
                                                     =============   =============  =============  ================

DILUTED
     Weighted average shares outstanding                20,806,408      10,063,095     17,001,933         8,934,939
     Contingently issuable shares in 
           business combinations                           644,058       1,979,674        660,017         1,979,674
     Net common shares issuable on 
         exercise of certain stock options
         and warrants (1)                                2,089,409       3,217,680      2,783,670         3,012,763
     Other dilutive securities                              -               -              -                 -     
                                                     -------------   -------------  -------------  ----------------
     Number of common shares outstanding                23,539,875      15,260,449     20,445,620        13,927,376
                                                     =============   =============  =============  ================
</TABLE>




(1) Net common shares issuable on exercise of certain stock options and warrants
    is calculated based on the treasury stock method
#### In the Matter of Harold Steinberg, Appellant, v Eugene T. Dooley et al., Respondents.

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Sheriff of Suffolk County, dated December 12, 1988, which, after a hearing, found the petitioner guilty of violating (1) Suffolk County Sheriff’s Department Operations and Proce*500dures Guide § 1.9 for failure to promptly obey all lawful orders, instructions, directions, and requests of superior officers in connection with an official investigation and (2) section 2.8 of the guide for knowingly giving inaccurate answers to questions asked by investigators of the Internal Affairs Section in connection with an official investigation, and imposed a penalty of a 60-day suspension, without pay.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Substantial evidence in the record supports the determination of the respondent Sheriff of Suffolk County finding the petitioner guilty of refusing to answer and answering untruthfully certain questions posed to him during an official investigation by the Internal Affairs Section in violation of sections 1.9 and 2.8 of the Suffolk County Sheriff’s Department Operations and Procedures Guide *(see,*CPLR 7803 [4]; *see generally, Matter of Pell v Board of Educ.,*34 NY2d 222, 230, 231). A police force is a quasi military organization demanding strict discipline *(see, Matter of De Bois v Rozzi,*114 AD2d 848) and great deference is to be accorded to determinations regarding the internal discipline of its members *(see, Richichi v Galligan,*136 AD2d 616). In addition, we find no merit to the petitioner’s contentions that his rights to counsel and due process were violated.

The petitioner’s conduct during the official investigation by the Internal Affairs Section cannot be abided since such behavior poses a serious threat to the discipline and efficiency of the agency’s operation *(see, Matter of Billings v County of St. Lawrence,*139 AD2d 809, 810; *Richichi v Galligan, supra).*Under the circumstances, we find that the penalty imposed was not so disproportionate to the offenses as to be "shocking to one’s sense of fairness” *(Matter of Pell v Board of Educ., supra,*at 234). Lawrence, J. P., Sullivan, Rosenblatt and Miller, JJ., concur.
Agenda – August 2011 Refunding

Treasury Dealer Meetings Friday, July 29, 2011

Dealer ___________________

To allow more time for discussion, please e-mail your responses prior to 12:00 PM on Monday, July 25, 

2011 to Debt.Management@treasury.gov and Mark.Cabana@ny.frb.org. Even if you are not scheduled 

to meet with Treasury officials this quarter, your responses are still appreciated. 

I. Marketable Borrowing Estimates

Central

Estimate

Range that would not 

surprise you

Low/High

July – September 2011 /

 Ending Cash Balance (ex SFP) /

October – December 2011 /

 Ending Cash Balance (ex SFP) /

FY 2011 Total Marketable Borrowing

FY 2012 Total Marketable Borrowing /

FY 2013 Total Marketable Borrowing /

II. Budget Deficit Estimates

FY 2011 /

FY 2012 /

FY 2013 /

III. Quarterly Note and Bond Issuance Estimates

3-year note (August/September/October) / / / / - / /

10-year note (August) /

10-year note reopening (September/October) / / - /

30-year bond (August) /

30-year bond reopening (September/October) /

2-year note (August/September/October) / / / / - / /

5-year note (August/September/October) / / / / - / /

7-year note (August/September/October) / / / / - / /

5-year TIPS reopening (August)

30-year TIPS reopening (October)

10-year TIPS reopening (September)

IV. Bill Issuance Estimates

52-week bill size (August/September/October) / / / / - / / 

Total change in bills outstanding 8/11-10/11 (ex SFP) /

Total change in bills outstanding FY 2011(ex SFP) /

CMB issuance August ‘11 – October ‘11 (size/date) / / / /

Please provide your estimates in the format provided above with central estimates followed by low/high 

estimates for each.

Discussion Topics

1. Please discuss your latest economic and fiscal forecasts for FY2012 and FY2013. Do you believe 

the current financing schedule is well-suited to meet Treasury’s financing needs though the end of 

FY2012? 

2. Over the last few years Treasury has made substantial changes to the TIPS program in an effort to 

improve the overall liquidity of the TIPS market. For 2012, are there any recommendations Treasury

should consider for the TIPS program? 

3. In February 2011, the Treasury Borrowing Advisory Committee discussed a number of new products 

that Treasury could issue. Are there any particular products that Treasury should consider? If so, please 

comment on potential demand and liquidity of the product(s) and how it would affect Treasury’s overall 

cost of borrowing.
**EXHIBIT      21**

**Subsidiaries      of Numerex Corp**

| Broadband                Networks, Inc.            | (Tier                1)                            |
|----------------------------------------------------|----------------------------------------------------|
| CellemetryXG                Customer Services, LLC | (Tier                1)                            |
| DCX                Systems, Inc.                   | (Tier                1)                            |
| Digilog,                Inc.                       | (Tier                1)                            |
| Numerex                Investment Corp.            | (Tier                1)                            |
|                                               | BNI                Solutions LLC                   | (Tier                2) |
|                                               | DCX                Systems (Australia) Pty Limited | (Tier                2) |
|                                               | Numerex                Solutions LLC               | (Tier                2) |
|                                               | MobileGuardian                LLC                  | (Tier                2) |
| Cellemetry                LLC1                | (Tier                1)                            |
|                                               | Uplink                Security, Inc.               | (Tier                2) |
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CS WIRELESS
SYSTEMS, INC. AND SUBSIDIARIES 1ST QTR 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          107185
<SECURITIES>                                         0
<RECEIVABLES>                                      998
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                109160
<PP&E>                                           54537
<DEPRECIATION>                                   13297
<TOTAL-ASSETS>                                  405140
<CURRENT-LIABILITIES>                             8622
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            11
<OTHER-SE>                                     112,217
<TOTAL-LIABILITY-AND-EQUITY>                   405,140
<SALES>                                           6678
<TOTAL-REVENUES>                                  6678
<CGS>                                                0
<TOTAL-COSTS>                                    14095
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                7996
<INCOME-PRETAX>                                (13963)
<INCOME-TAX>                                    (1357)
<INCOME-CONTINUING>                            (12606)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (12606)
<EPS-PRIMARY>                                   (1.21)
<EPS-DILUTED>                                   (1.21)
        

</TABLE>
#### The People of the State of New York, Respondent, v Alvina Jennette, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Huttner, J.), rendered August 18, 1988, convicting her of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed *(see, People v Austin,*168 AD2d 502 [decided herewith]). Bracken, J. P., Kooper, Harwood and Balletta, JJ., concur.
<PAGE>   1
                                                                 EXHIBIT 10.4


                   FIRST AMENDMENT TO EMPLOYMENT AGREEMENT

        THIS FOURTH AMENDMENT, made as of the 1st day of March, 1998, by and
between MECHANICAL DYNAMICS, INC., a Michigan corporation (the "Company"),
having offices located at 2301 Commonwealth Blvd., Ann Arbor, Michigan 48105,
and DAVID PERALTA, of Livonia, Michigan ("Employee"), for the purpose
of amending that certain Employment Agreement between the Company and Employee
dated as of March 1, 1997, (the "Employment Agreement").

                                 WITNESSETH:

        WHEREAS, the Company and Employee desire to extend the Employment
Agreement and to confirm the same herein.

        NOW, THEREFORE, in consideration of the foregoing and of the mutual
convenants contained herein and in the Employment Agreement, the parties
hereto agree as follows:

        A. Section 2 of the Employment Agreement is hereby amended to extend
the term of said Agreement through March 31, 1999.

        B. Except as expressly modified herein, the Employment Agreement shall
remain in full force and effect in accordance with its original terms.

        IN WITNESS WHEREOF, the parties hereto have duly executed this Fourth
Amendment as of the day and date first above written.

WITNESS:                                             COMPANY

                                             MECHANICAL DYNAMICS, INC.

/s/ Linda Moore                              By:  /s/ Robert R. Ryan
---------------------                             -------------------------
                                                  Robert R. Ryan, President
                                                  
                                                     EMPLOYEE

/s/ Linda Moore                                   /s/ David Peralta         
---------------------                             -------------------------
                                                  David Peralta
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF PERITUS SOFTWARE SERVICES, INC. FOR THE
NINE MONTHS ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          46,292
<SECURITIES>                                         0
<RECEIVABLES>                                    7,214
<ALLOWANCES>                                        45
<INVENTORY>                                          0
<CURRENT-ASSETS>                                55,650
<PP&E>                                           4,604
<DEPRECIATION>                                   2,118
<TOTAL-ASSETS>                                  58,806
<CURRENT-LIABILITIES>                            5,902
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           132
<OTHER-SE>                                      52,021
<TOTAL-LIABILITY-AND-EQUITY>                    58,806
<SALES>                                         26,693
<TOTAL-REVENUES>                                26,693
<CGS>                                           10,883
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                14,046
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (482)
<INCOME-PRETAX>                                  2,246
<INCOME-TAX>                                       222
<INCOME-CONTINUING>                              2,024
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                         (14)
<NET-INCOME>                                     2,010
<EPS-PRIMARY>                                      .14
<EPS-DILUTED>                                      .14
        

</TABLE>
1.2  EXHIBIT 10.6


 


2005 Director Compensation Arrangements


 


The following summarizes the compensation
arrangements established between NeuroMetrix, Inc. (the “Company”) and its
directors through verbal agreements.


 


The non-employee members of the Board, other than
those affiliated with venture capital firms that were stockholders of the
Company as of the effective date of the initial public offering of the Company
(i.e., currently Charles E.
Harris and William Laverack, Jr.), will receive annual cash compensation in the
amount of $5,000 for service as a member of the Board, which will be paid
following each annual meeting of the stockholders of the Company. In addition,
these non-employee directors will receive the sum of $1,000 for each board or
committee meeting that they attend, provided that they will not be entitled to
additional compensation for attending committee meetings that occur on the same
day as a board meeting at which they attend. This cash compensation will be in
addition to any stock options or other equity compensation that the Company
determines to grant to the directors on a case by case basis.  The
non-employee members of the Board that are affiliated with venture capital
firms that were stockholders of the Company as of the effective date of the
initial public offering of the Company will not be compensated for serving as
directors, although the Company will reimburse these directors for all
reasonable out-of-pocket expenses incurred by them in attending board or
committee meetings.  Dr. Gozani, the only employee member of the Board,
will not be separately compensated for his service on the Board.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

*Name:*                        Special Emphasis Panel in Civil and Mechanical Systems (1205).                    

*Date and Time:*                        January 24, 2001, 8 a.m. to 5 p.m.                              ( print page 77046)    

*Place:*                        NSF, 4201 Wilson Boulevard, Room 530, Arlington, VA.                    

*Type of Meeting:*                        Closed.                    

*Contact Person:*                        Dr. Alison Flatau, Program Director, Dynamic Systems and Control, Sensor Technologies for Civil and Mechanical Systems, National Science Foundation, 4201 Wilson Blvd., Room 545, Arlington, VA 22230. Telephone: (703) 292-8360.                    

*Purpose of Meeting:*                        To provide advice and recommendations concerning proposals submitted to NSF for financial support.                    

*Agenda:*                        To review and evaluate nominations for the FY'01 Dynamic Systems and Control Individual Investigator Award (IIA) Review Panel proposals as part of the selection process for awards.                     

*Reason for Closing:*                        The proposals being reviewed include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.                    

Dated: December 1, 2000.

Karen J. York,

Committee Management Officer.

[FR Doc. 00-31267 Filed 12-7-00; 8:45 am]

BILLING CODE 7555-01-M
#### Ex parte BURTON.

No. 21022.

Court of Criminal Appeals of Texas.

Feb. 21, 1940.

*44Leo Brewster, of Fort Worth, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

HAWKINS, Presiding Judge.

The Governor of the State of Texas issued an extradition warrant directing the return of appellant to the State of California. Appellant secured from the Criminal District Court of Tarrant County a writ of habeas corpus. Upon a hearing the court remanded appellant, from which order this appeal is prosecuted.

No statement of facts is found in the record and we observe nothing in the transcript which challenges the correctness of the remanding order.

The judgment is affirmed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Retirement Thrift Investment Board

# TIME AND DATES:

10:00 a.m. (EST) December 11, 2000.

# PLACE:

4th Floor, Conference Room 4506, 1250 H Street, NW., Washington, DC.

# STATUS:

Open.

# MATTERS TO BE CONSIDERED:

1. Approval of the minutes of the November 13, 2000, Board member meeting.

2. Thrift Savings Plan activity report by the Executive Director.

3. Review of KPMG Peat Marwick audit reports;

(a) “Pension and Welfare Benefits Administration Review of the Policies and Procedures of the Federal Retirement Thrift Investment Board Administrative Staff”

(b) “Pension and Welfare Benefits Administration Review of the Thrift Savings Plan C and F Fund Investment Management Operations at Barclays Global Investors, N.A.”

(c) “Pension and Welfare Benefits Administration Review of the Thrift Savings Plan Billing Process at the United States Department of Agriculture, National Finance Center.”

# FOR FURTHER INFORMATION CONTACT:

Thomas J. Trabucco, Director, Office of External Affairs, (202) 942-1640.

Dated: November 30, 2000.

Elizabeth S. Woodruff,

Ssecretary to the Board, Federal Retirement Thrift Investment Baord.

[FR Doc. 00-31014  Filed 12-1-00; 12:29 pm]

BILLING CODE 6760-01-M
N THE LINITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION

THEOTIS LEE HODGE,

Plaintiff,

V 2:22-CV-00200-Z-BR

D.ZIMMERMAN, et al.,

Defendants.

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION

Before the Court are the findings, conclusions, and recommendation of the United States

Magistrate Judge to deny the Motion for an Order to Show Cause for a Preliminary Injunction

("PI") (ECF No. 32) and Request for a Temporary Restraining Order ("TRO") (ECF No. 5l)

(collectively, the "Motions") filed by Plaintiff Theotis Lee Hodge. Objections to the findings,

conclusions, and recommendation have been filed. See ECF No. 63. After making an independent

review of the pleadings, files, and records in this case, the Court concludes that the findings,

conclusions, and recommendation of the Magistrate Judge are correct. ECF No. 54. It is therefore

ORDERED that the findings, conclusions, and recommendation of the Magistrate Judge are

ADOPTED and Plaintiff s Motions for PI and TRO are DENIED.

IT IS SO ORDERED.

December il,2023

J. KACSMARYK

T]NITED STATES DISTRICT JUDGE

Case 2:22-cv-00200-Z-BR Document 69 Filed 12/14/23 Page 1 of 1 PageID 312