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

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         617,636
<SECURITIES>                                         0
<RECEIVABLES>                                5,395,587
<ALLOWANCES>                                    41,000
<INVENTORY>                                  5,374,511
<CURRENT-ASSETS>                            11,259,578
<PP&E>                                       2,260,641
<DEPRECIATION>                                 678,166
<TOTAL-ASSETS>                              15,951,276
<CURRENT-LIABILITIES>                        8,258,924
<BONDS>                                      6,437,308
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    47,491,611
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                15,951,276
<SALES>                                     15,678,667
<TOTAL-REVENUES>                            15,678,667
<CGS>                                       11,257,321
<TOTAL-COSTS>                               11,257,321
<OTHER-EXPENSES>                             9,013,019
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             946,235
<INCOME-PRETAX>                            (5,422,652)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (5,422,652)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,422,652)
<EPS-PRIMARY>                                    (.59)
<EPS-DILUTED>                                    (.59)


</TABLE>
Exhibit 10.20





PRENTISS PROPERTIES ACQUISITION PARTNERS, L.P.





Fourth Amendment to the Third Amended and Restated Agreement of Limited


Partnership of Prentiss Properties Acquisition Partners, L.P.





RECITALS





Belmar Real Estate Corporation desires to assign and Belrose Realty Corporation (Assignee) desires to acquire 350,000 8.30% Series B Preferred Units of the Partnership.





Pursuant to Article XI of the Third Amended and Restated Agreement of Limited Partnership, dated as of October 1,
2001, as amended by amendments dated December 18, 2001, January 3, 2002 and March 19, 2002 (as so amended, the Agreement), of the Partnership, Prentiss Properties I, Inc. as the sole general partner of the Partnership (the
General Partner), desires to amend the Agreement to admit Assignee as a Substitute Limited Partner with respect to the Assigned Units; terms being used herein as defined in the Agreement.





NOW, THEREFORE, the General Partner hereby adopts the following amendment to the Agreement.





1.    Exhibit A to the Agreement is hereby amended and restated in its entirety as set forth on Exhibit A
attached hereto.





2.    Notwithstanding anything to the contrary in Section 4.02 (d) (viii) or
elsewhere in the Agreement, none of the 8.30% Series B Preferred Units held by Belrose Realty Corporation may be exchanged for Series B Preferred Shares prior to January 1, 2012.





3.    Assignee accepts and agrees to be bound by the terms and provisions of the Agreement.





[Signature Page Follows]







1




---




IN WITNESS WHEREOF, the General Partner, Assignor and the Assignee have executed
this Fourth Amendment as of July 30, 2002.





GENERAL PARTNERPRENTISS PROPERTIES I, INC.By:

/s/    MICHAEL A. ERNSTName:    Michael A. Ernst Title:    Executive Vice President Chief Financial OfficerASSIGNEE AND SUBSTITUTE LIMITED PARTNER:BELROSE REALTY CORPORATIONBy:

/s/    WILLIAM R. CROSSName:    William R. Cross Title:    Vice PresidentASSIGNOR:BELMAR REALTY CORPORATIONBy:

/s/    WILLIAM R. CROSSName:    William R. Cross Title:    Vice President




2
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 188 Engrossed in Senate (ES)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
115th CONGRESS
  1st Session
                                 S. 188

_______________________________________________________________________

                                 AN ACT

 
    To prohibit the use of Federal funds for the costs of painting 
     portraits of officers and employees of the Federal Government.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminating Government-funded Oil-
painting Act'' or the ``EGO Act''.

SEC. 2. PROHIBITION ON USE OF FUNDS FOR PORTRAITS.

    (a) Prohibition.--No funds appropriated or otherwise made available 
to the Federal Government may be used to pay for the painting of a 
portrait of an officer or employee of the Federal Government, including 
the President, the Vice President, a Member of Congress, the head of an 
executive agency, or the head of an office of the legislative branch.
    (b) Definitions.--In this section--
            (1) the term ``executive agency'' has the meaning given the 
        term in section 133 of title 41, United States Code; and
            (2) the term ``Member of Congress'' includes a Delegate or 
        Resident Commissioner to Congress.

            Passed the Senate September 18, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                                 S. 188

_______________________________________________________________________

                                 AN ACT

    To prohibit the use of Federal funds for the costs of painting 
     portraits of officers and employees of the Federal Government.
```
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<CIK> 0000871012
<NAME> TAJ MAHAL HOLDING CORP
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                             100
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                     100
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       390,080
<OTHER-SE>                                   (389,900)
<TOTAL-LIABILITY-AND-EQUITY>                       100
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                1,554,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (1,554,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,554,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,554,000)
<EPS-PRIMARY>                                   (1.44)
<EPS-DILUTED>                                        0
        

</TABLE>
<PAGE>
                                                                      Exhibit 23


                        CONSENT OF INDEPENDENT AUDITORS



The Board of Directors
Frontstep, Inc.:


We consent to the incorporation by reference in the registration statements on
Form S-3 (Nos. 333-42894) and Form S-8 (Nos. 33-40546, 33-45416, 33-73014,
33-73016, 333-660, 333-10631, 333-10633, 333-43947, and 333-91811) of
Frontstep, Inc. of our report dated September 30, 2002, relating to the
consolidated balance sheets of Frontstep, Inc. and subsidiaries as of June 30,
2002 and 2001, and the related consolidated statements of operations,
shareholders' equity and cash flows for the years then ended, which report
appears in June 30, 2002 annual report on Form 10-K of Frontstep, Inc.


/s/ KPMG LLP


Columbus, Ohio
September 30, 2002
<PAGE>


                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
(Forms S-8 No. 33-40546, No. 33-45416, No. 33-73014, No. 33-73016, No. 333-660,
No. 333-10631, No. 333-10633, No. 333-43947 and No. 333-91811, and Form S-3 No.
333-42894) of Frontstep, Inc. (formerly Symix Systems, Inc.) of our report dated
July 27, 2000, with respect to the consolidated financial statements of
Frontstep, Inc. for the year ended June 30, 2000 included in this Annual Report
(Form 10-K).


                                                  /s/ Ernst & Young

Columbus, Ohio
September 30, 2002
[Federal Register Volume 65, Number 235 (Wednesday, December 6, 2000)]
[Notices]
[Page 76224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31020]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EC00-136-000]


Madison Gas & Electric Company, Wisconsin Public Service 
Corporation, American Transmission Company, LLC; Notice of Filing

November 30, 2000.
    Take notice that on November 29, 2000, Wisconsin Public Service 
Corporation (WPSC) tendered for filing a request for clarification of 
the Commission's November 24, 2000, order authorizing, inter alia, the 
disposition of WPSC's transmission facilities to American Transmission 
Company LLC (ATC LLC). The requested clarification relates to whether 
the Commission's order encompassed the issuance of the membership units 
in ATC LLC that are related to the WPSC transmission facilities, to a 
wholly-owned WPSC subsidiary (WPS LLC). If the requested clarification 
cannot be granted, then WPSC alternatively requests Commission 
authorization under section 203 of the FPA to effectuate the aspects of 
the transfer involving WPS LLC.
    Any person desiring to be heard or to protest such filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 385.214). All such motions and 
protests should be filed on or December 11, 2000. Protests will be 
considered by the Commission to determine the appropriate action to be 
taken, but will not serve to make protestants parties to the 
proceedings. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection. This filing may also be viewed on 
the Internet at http://www.ferc.fed.us/online/rims.htm (call 202-208-
2222 for assistance). Comments and protests may be filed electronically 
via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and 
the instructions on the Commission's web site at http://www.ferc.fed.us/efi/doorbell.htm.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 00-31020 Filed 12-5-00; 8:45 am]
BILLING CODE 6717-01-M
EXHIBIT
32.1





CERTIFICATION
OF THE CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO RULE
13A-14(B) AND RULE 15D-14(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND 18
U.S.C. SECTION 1350





In
connection with the Quarterly Report of Auxilio, Inc. (the “Company”) on Form
10-Q for the quarter ended September 30, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), we, Joseph J. Flynn,
Chief Executive Officer and Paul T. Anthony, Chief Financial Officer 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 our
knowledge:




(1)           The
Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and






(2)           The
information contained in the Report fairly presents, in all material respects,
the financial condition of the Company as of the dates presented and the results
of operations of the Company for the periods presented.






Date:
November 16, 2009




By:
            /s/ Joseph J.
      FlynnJoseph
      Flynn,
              President and Chief Executive
      Officer





By:
            /s/ Paul T.
      AnthonyPaul
      Anthony,
              Chief
      Financial Officer








A signed
original of this written statement required by section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.





This
certification accompanies the Quarterly Report pursuant to Rule 13a-14(b) or
Rule 15d-14(b) under the Securities Exchange Act of 1934 and 18 U.S.C. Section
1350 and shall not be deemed filed by the Company for purposes of Section 18 of
the Securities Exchange Act of 1934.
[Federal Register Volume 65, Number 232 (Friday, December 1, 2000)]
[Notices]
[Pages 75295-75296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30586]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WY-030-2001-1060-JJ]


Notice of Intent to Extend the Time Period for Removal of Excess 
and Stray Wild Horses

AGENCY: Bureau of Land Management, Interior.
SUMMARY: On June 21, 2000, notice was published in the Federal Register 
at Vol. 65, No 120, pgs 38572-38573, which stated in part, ``* * * the 
Rawlins and Lander Field Offices of the Bureau of Land Management plan 
to remove 500-600 excess and stray horses from three contiguous areas 
of the Rawlins and Lander Field Offices known as the Lost Creek HMA, an 
area designated as I-80 North, and the Antelope Hills HMA * * * The 
removal is scheduled to begin after September 30, 2000, and conclude 
prior to January 1, 2001. The Appropriate Management Level for these 
three contiguous areas is 140. At least 140 horses will remain in the 
area after the removal is completed.''

[[Page 75296]]

    Due to weather and logistical considerations, it was not possible 
to complete the action described in the notice in the time period 
originally envisioned; therefore the BLM will complete the action as 
soon after January 1, 2001, as is practical. The action will take place 
in the same manner, in the same places, employ the same practices for 
safe and humane treatment of the horses, and have the same effects as 
discussed in EA# WY-030-EA0-181.

FOR FURTHER INFORMATION CONTACT: For further information, please 
contact Chuck Reed, Resource Advisor, Bureau of Land Management, 
Rawlins Field Office, 1300 North Third Street, P.O. Box 2407, Rawlins, 
Wyoming 82301, (307) 328-4200; electronic mail at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="1c5f74697f7731314e7979785c7e7071327b736a">[email protected]</a>.

Kurt J. Kotter,
Field Manager.
[FR Doc. 00-30586 Filed 11-30-00; 8:45 am]
BILLING CODE 4310-22-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### WALKER v. STATE.

No. 15898.

Court of Criminal Appeals of Texas.

March 8, 1933.

Fred Cary, of Pampa, for appellant.

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

MORROW, Presiding Judge.

The offense is robbery; penalty assessed at confinement in the penitentiary for a period of nine years.

The indictment is regular and properly presented.

The evidence heard in the trial court is not brought up for review.

A motion was made to quash the indictment because it names the appellant as Berl Walker, whereas his name is Beryle E. Walker. What evidence’ if any, was heard on the motion is not disclosed. Apparently, on its face, there appears no merit in the motion.

In the absence of the statement ’of facts, the merit of the motion for a continuance cannot be ascertained. The same is true with reference to the complaint of the charge of the court and the exceptions thereto.

Finding no error in the record, the judgment is affirmed.
EXHIBIT 32

D&E Communications, Inc. and Subsidiaries

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 on Form 10-Q for the period ended March 31, 2009 of D&E Communications, Inc. (the Company)
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James W. Morozzi, Chief Executive Officer 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:

(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 operations of the Company.



|                                
|--------------------------------
|                                
|/s/ James W. Morozzi            
|Name: James W. Morozzi          
|Title:   Chief Executive Officer
|Date:   May 8, 2009             



---

D&E Communications, Inc. and Subsidiaries

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 on Form 10-Q
for the period ended March 31, 2009 of D&E Communications, Inc. (the Company) as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Thomas E. Morell, Chief Financial Officer 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:

(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 operations of the Company.



|                                
|--------------------------------
|                                
|/s/ Thomas E. Morell            
|Name: Thomas E. Morell          
|Title:   Chief Financial Officer
|Date:   May 8, 2009
EX-10(AA)



 






Exhibit 10(AA)




FIRST AMENDMENT

TO

THE SCOTTS COMPANY

2003 STOCK OPTION AND INCENTIVE EQUITY PLAN




     WHEREAS, the shareholders of The Scotts Company (“Scotts”) previously approved the adoption of
The Scotts Company 2003 Stock Option and Incentive Equity Plan (the “Plan”); and



     WHEREAS, on March 18, 2005 (the “Effective Time”), Scotts consummated the restructuring of
Scotts’ corporate structure into a holding company structure by merging Scotts into a wholly-owned
second-tier Ohio limited liability company subsidiary, The Scotts Company LLC (“Scotts LLC”),
pursuant to the Agreement and Plan of Merger, dated as of December 13, 2004 (the “Merger
Agreement”), by and among Scotts, Scotts LLC and The Scotts Miracle-Gro Company (the “Company”);
and



     WHEREAS, pursuant to the Merger Agreement, the Company assumed, as of the Effective Time, the
Plan and all obligations and liabilities of Scotts thereunder; and



     WHEREAS, Section 13.00 of the Plan provides that the Company’s Board of Directors (the
“Board”) may amend the Plan at any time without shareholder approval except to the extent that
shareholder approval is required to satisfy applicable requirements imposed by Rule 16b-3 under the
Securities Exchange Act of 1934, as amended; applicable requirements of the Internal Revenue Code
of 1986, as amended; or any securities exchange, market or other quotation system on or through
which the Company’s securities are listed or traded; and



     WHEREAS, the Board has resolved to amend the Plan to reflect the Company’s assumption of the
Plan;



     NOW, THEREFORE, the Plan is amended effective as of the Effective Time as follows:



     1. The title of the Plan is amended to be “The Scotts Miracle-Gro Company 2003 Stock Option
and Incentive Equity Plan.”



     2. Section 2.15 is amended and restated to read, in its entirety, as follows: “Company” means
The Scotts Miracle-Gro Company, an Ohio corporation, and any and all successors to it.



     3. Section 2.34 is amended and restated to read, in its entirety, as follows: “Plan” means
The Scotts Miracle-Gro Company 2003 Stock Option and Incentive Equity Plan.



     IN WITNESS WHEREOF, the Company has caused this Amendment to be executed as of the 6th day of
May, 2005, to be effective as of March 18, 2005.


THE SCOTTS MIRACLE-GRO COMPANY


By: /s/ Christopher L. Nagel


Print Name: Christopher L. Nagel


Title: EVP and Chief Financial Officer
#### RAINWATER v. STATE.

No. 20908.

Court of Criminal Appeals of Texas.

Oct. 16, 1940.

For prior opinion, see 141 S.W.2d 364.

James E. Faulkner, of Henderson, for appellant.

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

GRAVES, Judge.

A second motion for a rehearing has been presented herein, same being received on July 8, 1940, after.the adjournment of the term of this court on the last Saturday in June. At that term this cause was affirmed in an opinion handed down on May 8, 1940; thereafter, on June 26, 1940, appellant’s motion for a rehearing therein was overruled in a written opinion of this court, 141 S.W.2d 364, and this court on the 29th day of June 1940 adjourned for the term by operation of law. This application to file a second motion for a rehearing was not received by the clerk of this court until nine days after the adjournment of the term of court at which the judgment of affirmance became final. In the case of Silver v. State, 110 Tex.Cr.R. 512, 8 S.W.2d 144, 9 S.W.2d 358, 359, 60 A.L.R. 290, we held:

“From what has been said it is apparent that by no provision of the statute is the Court of Criminal Appeals authorized to entertain a motion for rehearing after the adjournment of the term. It has been the practice to do so, however, in instances 'in which the first decision of the court is announced at a time less than 15 days before adjournment. The practice rests upon very little, if any, legal basis, but as a practical matter has much to commend it. ' The practice, however, has never been extended to authorize the court to consider a so-called ‘second motion for rehearing’ after the adjournment of the term.

“In the present instance the power of this court to revise a judgment which became final during the term upon the overruling of the motion for rehearing ceased with the close of the term, and' at this time the court possesses no power to change the final judgment entered during the previous term, and, having no power to change its judgment or grant the relief prayed for in the application before it, it would be futile to permit the filing of said application.”

The application to file second motion for a rehearing is denied.