alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Maxine Adams and Cecil Adams v. Rebecca Ross

Appellate case number: 01-11-00552-CV

Trial court case number: 2010-12207

Trial court: 269th District Court of Harris County

The Maxine Adams and Cecil Adams, “Appellants,” have filed a “Joint Motion for 

Compliance with Court Ordered Appellate Record,” complaining of the omission of unspecified 

documents from the clerk’s record. Before the Court will rule on the motion, the Appellants are 

ordered to furnish the Court with the following: 

1) File-stamped copies of the supplemental record designations from which the 

Appellants contend documents requested have been omitted from the clerk’s record; 

2) A list of the documents omitted from the clerk’s record, and appearing on the filestamped supplemental record designations, that Cecil Adams contends are necessary 

for review of the appellate issue the trial court determined was not frivolous―i.e., 

“July 27, 2011 Granted Directed Verdict: Deceptive Trade Practices Act Claim 

Unconscionable Eviction.” Cecil should file a one-sentence explanation of the 

necessity of each document; and 

3) A list of the documents omitted from the clerk’s record, and appearing on the filestamped supplemental record designations, that Maxine Adams contends are relevant 

to her appeal and for which she is willing to make payment arrangements with the 

district clerk for inclusion in a supplemental record.

Because of the significant delays in this appeal, the Court suspends the application of rule 

9.2(b) of the Texas Rules of Appellate Procedure, the “mailbox rule,” for the filing of the items 

requested in this order; the filing must be received in the clerk’s office or filed in accordance 

with this court’s rules on e-filing no later than Monday, May 20, 2013. See TEX. R. APP. P. 2, 

9.2(b).

. 
A briefing deadline will be set when the Court rules on the “Joint Motion for Compliance 

with Court Ordered Appellate Record,” but the Appellants should begin preparation of their 

appellants’ brief with the documents that are presently in the appellate record because, once the 

briefing deadline is set, no extensions of time will be granted for the filing of briefs absent proof 

of extraordinary circumstances.

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown

Acting individually 

Date: May 13, 2013
Exhibit 12.1

                      COLONIAL REALTY LIMITED PARTNERSHIP
                       Ratio of Earnings to Fixed Charges



         CRLP's ratio of earnings to fixed charges for the three months ended
March 31, 2003 and 2002, was 1.73 and 1.73, respectively.

         The ratios of earnings to fixed charges were computed by dividing
earnings by fixed charges. For this purpose, earnings consist of pre-tax income
from continuing operations before income, loss from equity investees,
extraordinary gain or loss, gains on sales of properties, distributed income of
equity investees, excluding interest costs capitalized plus fixed charges. Fixed
charges consist of interest expense (including interest costs capitalized) and
amortization of debt issuance costs.


<PAGE>
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   12-MOS                   12-MOS
<FISCAL-YEAR-END>                          JAN-02-1999             JAN-03-1998
<PERIOD-START>                             JAN-04-1998             DEC-29-1996
<PERIOD-END>                               JAN-02-1999             JAN-03-1998
<CASH>                                           3,520                      54
<SECURITIES>                                         0                       0
<RECEIVABLES>                                    9,757                  16,103
<ALLOWANCES>                                       372                     891
<INVENTORY>                                     13,684                  13,416
<CURRENT-ASSETS>                                 4,492                   6,314
<PP&E>                                          17,885                  13,107
<DEPRECIATION>                                  10,847                   9,596
<TOTAL-ASSETS>                                  38,481                  39,203
<CURRENT-LIABILITIES>                           12,560                  14,854
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                            33                      33
<OTHER-SE>                                      25,520                  22,590
<TOTAL-LIABILITY-AND-EQUITY>                    38,481                  39,203
<SALES>                                        120,846                 288,513
<TOTAL-REVENUES>                               120,846                 288,513
<CGS>                                           83,143                 249,451
<TOTAL-COSTS>                                   83,143                 249,451
<OTHER-EXPENSES>                                33,326                  41,857
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                (82)                   1,898
<INCOME-PRETAX>                                  4,459                 (4,693)
<INCOME-TAX>                                     1,650                 (1,772)
<INCOME-CONTINUING>                              2,809                 (2,921)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     2,809                 (2,921)
<EPS-PRIMARY>                                      .96                  (1.00)
<EPS-DILUTED>                                      .95                  (1.00)
        

</TABLE>
EXHIBIT
10.5


 


NOTATION
OF GUARANTEE


 


For value received, each Guarantor (which term
includes any successor Person under the Indenture) has, jointly and severally,
unconditionally guaranteed, to the extent set forth in the Indenture and
subject to the provisions in the Indenture dated as of February 23, 2004 (the “Indenture”) among UbiquiTel Operating Company (the “Company”), UbiquiTel Inc., as guarantor, and The Bank of
New  York, as trustee (the “Trustee”), (a) the due and punctual payment of the principal
of, premium and Liquidated Damages, if any, and interest on, the Notes, whether
at maturity, by acceleration, redemption or otherwise, the due and punctual
payment of interest on overdue principal of and interest on the Notes, if any,
if lawful, and the due and punctual performance of all other obligations of the
Company to the Holders or the Trustee all in accordance with the terms of the
Indenture and (b) in case of any extension of time of payment or renewal of any
Notes or any of such other obligations, that the same will be promptly paid in
full when due or performed in accordance with the terms of the extension or
renewal, whether at stated maturity, by acceleration or otherwise.  The obligations of the Guarantors to the
Holders of Notes and to the Trustee pursuant to the Guarantee and the Indenture
are expressly set forth in Article 10 of the Indenture and reference is hereby
made to the Indenture for the precise terms of the Guarantee.


 


Capitalized terms used but not defined herein have
the meanings given to them in the Indenture.


 


 


	
   

  	
  UBIQUITEL
  INC.

  
	
   

  	
   

  
	
   

  	
  By:

  	
   

  
	
   

  	
  Name:
  James J. Volk

  
	
   

  	
  Title:   Chief Financial Officer
EXHIBIT 10.5



 




Exhibit 10.5


Description of Bonus Terms under the Covered Employee Cash Incentive Plan




The 2004 Moody’s Corporation Covered Employee Cash Incentive Plan (the “Plan”)
provides for annual performance-based bonuses to the Chief Executive Officer
and each of the other named executive officers.




In the first quarter of each year, the Governance and Compensation Committee
(the “Committee”) establishes specific quantitative performance measures for a
target level of performance, and assigns different percentage weights to each
such performance measure. The Committee also approves a target bonus amount
for each executive. Actual performance under the Plan is measured against the
target performance level in order to determine the actual payment.




The Committee typically has measured an executive’s performance based upon the
Company’s earnings per share and operating income. However, a percentage of
the bonus awards of certain executives also may be tied to the financial
performance of the Company’s subsidiaries or business units.




Under the Plan, award payments are adjusted linearly based on actual
performance (determined on weighted average results of the performance
measures) relative to the target level of performance. Accordingly, payment of
100% of an executive’s target bonus is awarded upon attainment of the target
level of performance, with a percentage increase or decrease in that target
bonus consistent with the percentage increase or decrease relative to the
target level of performance.




In determining actual payments under the Plan, the Committee may reduce, but
not increase, an executive’s bonus award based on such objective or subjective
criteria as it determines appropriate, notwithstanding that executive’s
attainment of the pre-established, objective performance goals.




The Plan was approved by the Company’s stockholders on April 27, 2004, and
amounts payable thereunder are intended to qualify as “performance-based”
compensation under Section 162(m) of the Internal Revenue Code.
**EXHIBIT 23**

 

INDEPENDENT AUDITORS’ CONSENT

 

The Board of Directors of 

J. C. Penney Funding Corporation: 

 

We consent to incorporation by reference in the Registration Statements on Form S-8 (Nos.33-28390, 33-66070, 33-66072, 333-33343, 333-27329, 333-45536, 333-62066, 333-73140) and Form S-3 (No. 333-57019, 333-74122, 333-103147-01) of J. C. Penney Company, Inc. of our report dated February 26, 2004, relating to the balance sheets of J. C.Penney Funding Corporation as of January 31, 2004 and January 25, 2003, and the related statements of income, reinvested earnings, and cash flows for each of the years in the three-year period ended January 31, 2004, which report appears in theAnnual Report on Form 10-K of J. C. Penney Funding Corporation for the year ended January 31, 2004. 

 

/s/ KPMG LLP 

 

Dallas, Texas 

April 8, 2004
# Official Journal C 147/2022

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 147 |
| | |
| English edition | Information and Notices | Volume 654 April 2022 |

ISSN 1977-091X

Official Journal

of the European Union

C 147

English edition

Information and Notices

Volume 654 April 2022

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2022/C 147/01 | Non-opposition to a notified concentration (Case M.10611 – GENERALI FRANCE / LA MÉDICALE) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2022/C 147/01

Non-opposition to a notified concentration (Case M.10611 – GENERALI FRANCE / LA MÉDICALE) (
  1
  )

1

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2022/C 147/02 | Interest rate applied by the European Central Bank to its main refinancing operations: — 0,00 % on 1 April 2022 — Euro exchange rates | 2 |
| | NOTICES FROM MEMBER STATES |
| 2022/C 147/03 | Modification of a European Grouping of Territorial Cooperation (EGTC) | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2022/C 147/02

Interest rate applied by the European Central Bank to its main refinancing operations: — 0,00 % on 1 April 2022 — Euro exchange rates

2

NOTICES FROM MEMBER STATES

2022/C 147/03

Modification of a European Grouping of Territorial Cooperation (EGTC)

3

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2022/C 147/04 | Prior notification of a concentration (Case M.10690 – NORDIC CAPITAL / ELLOS GROUP) – Candidate case for simplified procedure (
  1
  ) | 4 |
| | OTHER ACTS |
| | European Commission |
| 2022/C 147/05 | Publication of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector | 6 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2022/C 147/04

Prior notification of a concentration (Case M.10690 – NORDIC CAPITAL / ELLOS GROUP) – Candidate case for simplified procedure (
  1
  )

1

4

OTHER ACTS

European Commission

2022/C 147/05

Publication of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector

6

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN
Order entered June 1 6 , 202 1

In The 

### Court of Appeals Fifth District of Texas at Dallas No. 05 - 20 - 00750 - CR No. 05 - 20 - 0075 1 - CR No. 05 - 20 - 0075 2 - CR No. 05 - 20 - 0075 3 - CR No. 05 - 20 - 0075 4 - CR JASON JACOB O SIF O , Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 296th Judicial District Court

Collin County, Texas Trial Court Cause No s . 296 - 81128 - 2020 , 296 - 8 1129 - 2020 , 296 - 81394 - 2016,

296 - 82063 - 2017 & 296 - 82964 - 2015

O RDER Before the Court is appell a nt ’s June 14 , 2021 third motion for an extension of time to file his brief. We GRANT the motion and ORDER appellant ’s brief due by Ju ly 14, 2021

. If the brief is not filed by July 14, 2021 , the Court may abate these appeals for a hearing under rule 38.8. See T EX . R. A PP . P. 38.8(b). /s/ ROBERT D. BURNS, III CHIEF JUSTICE
# C_2022142EN.01001201.xml

| 30.3.2022 | EN | Official Journal of the European Union | C 142/12 |
| --- | --- | --- | --- |

30.3.2022

EN

Official Journal of the European Union

C 142/12

---

Special report No 5/2022

Cybersecurity of EU institutions bodies and agencies – level of preparedness overall not commensurate with the threats

(2022/C 142/04)

The European Court of Auditors has published its special report No 5/2022: ‘Cybersecurity of EU institutions bodies and agencies – level of preparedness overall not commensurate with the threats’.

The report can be consulted directly or downloaded at the European Court of Auditors’ Internet: https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=60922

---
#### HUSE v. STATE.

No. 19082.

Court of Criminal Appeals of Texas.

June 9, 1937.

Rehearing Denied Oct. 20, 1937.

H. S. Beard, of Waco, for appellant.

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

CHRISTIAN, Judge.

The offense is driving an automobile on a public highway while intoxicated; the punishment, a fine of $200 and confinement in jail for 90 days.

No bills of exception are brought forward.

The proof on the part of the state was to the effect that, on the 23d of November, 1936, appellant, while drunk, drove his automobile on the Waco-Hillsboro highway. Appellant did not testify, but introduced witnesses who expressed the opinion that he was not drunk on the occasion in question.

The evidence is deemed sufficient to support the conviction.

The judgment is affirmed.

*185PER CURIAM.

The foregoing- opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.

On Motion for Rehearing.

MORROW, Presiding Judge.

We have again reviewed the record in the light of the appellant’s motion for rehearing and are constrained to conclude that the proper disposition of the appeal was made upon the original hearing.

The motion for rehearing is therefore overruled.
<TABLE> <S> <C>


<ARTICLE>    5
<MULTIPLIER> 1
       
<S>                           <C>
<PERIOD-TYPE>                 YEAR
<FISCAL-YEAR-END>             OCT-31-1998
<PERIOD-START>                NOV-01-1997
<PERIOD-END>                  JAN-31-1998
<CASH>                             73,801
<SECURITIES>                            0
<RECEIVABLES>                     211,470
<ALLOWANCES>                       12,000
<INVENTORY>                       128,521
<CURRENT-ASSETS>                1,554,342
<PP&E>                          2,451,925
<DEPRECIATION>                    389,313
<TOTAL-ASSETS>                  5,237,423
<CURRENT-LIABILITIES>           2,087,801
<BONDS>                                 0
<PREFERRED-MANDATORY>             274,181
<PREFERRED>                       791,322
<COMMON>                       12,011,924
<OTHER-SE>                    (11,308,123)
<TOTAL-LIABILITY-AND-EQUITY>    5,237,423
<SALES>                           804,137
<TOTAL-REVENUES>                  843,295
<CGS>                             603,937
<TOTAL-COSTS>                   2,102,028
<OTHER-EXPENSES>                        0
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                 65,376
<INCOME-PRETAX>                (1,324,109)
<INCOME-TAX>                            0
<INCOME-CONTINUING>            (1,324,109)
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                   (1,324,109)
<EPS-PRIMARY>                       ($.22)
<EPS-DILUTED>                       ($.18)
        


</TABLE>
Exhibit
32.2





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 New York Residential, Inc. (the “Company”) on Form 10-Q for the period ended
March 31, 2009 as filed with the Securities and Exchange Commission on the date
hereof (the “Report”), I, Robert Kornstein, Acting Chief Financial Officer,
certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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.








Date:
                      May
      15, 2009By:
                      /s/
      Robert KornsteinName:
                      Robert
      KornsteinTitle:
                      Acting
      Chief Financial Officer (Principal Accounting and Financial
      Officer)
Agreement


 




EXHIBIT 10.2

AGREEMENT

This agreement is entered into this 27th day of October, 2017 (“Agreement”) by and between Lightwave Logic, Inc. (“Lightwave”) and Atotech USA, LLC. (“Atotech”).

1.

Atotech became the Tenant under a lease with Inverness Tech I, LTD (“Landlord”) dated April 12, 2004 (“Lease”) by assignment.  By its terms, the Lease would expire October 31, 2019.  Atotech and Landlord have agreed to enter into an Early Termination of Lease Agreement to terminate the Lease as of October 31, 2017 at 11:59 p.m., contingent upon execution of the New Lease defined below.  

2.

Lightwave desires to lease the Premises.  Lightwave and Landlord have negotiated the terms of a new lease (“New Lease”) for the Premises to commence November 1, 2017.  As a result, Landlord has agreed to terminate the Lease contingent upon the execution of the New Lease.  Upon the execution of the New Lease, the Landlord has agreed to terminate the Lease.  Upon the termination of the Lease, Atotech will be released of its obligation to pay rent under the Lease.

3.

Atotech has agreed to pay Lightwave the sum of $260,000.00 in consideration of the early termination of the Lease.

4.

Atotech shall wire the sum of $260,000.00 to Lightwave  no later than November 1, 2017.  The wiring instructions for Lightwave are attached hereto and made a part hereof as Exhibit A.

5.

Should either party have to take any action to enforce this Agreement, the prevailing party shall be entitled to recover its attorney’s fees and costs.




















 







					
	ATOTECH USA, LLC

	 
	LIGHTWAVE LOGIC, INC.


	 
	 
	 
	 
	 

	By:

	/s/ Eve Powars-Bahr

	 
	By:

	/s/ James S. Marcelli


	 
	 
	 
	 
	 

	Name: 

	Eve Powars-Bahr

	 
	Name: 

	James S. Marcelli


	 
	 
	 
	 
	 

	Title:

	General Counsel

	 
	Title: 

	President & COO


	 
	 
	 
	 
	 

	Cosign

	/s/ David Balcerzak
>>> <Nizich.Greg@epamail.epa.gov> 6/27/2008 11:33 AM >>>

Hi Mary, Thanks for the information. We will look it over and get back to you. I understand from Russell Wozniak that information from DOW will be coming to us the week of July 11. Greg. Greg Nizich, USEPA Office of Air Quality Planning and Standards Coatings and Chemicals Group 919-541-3078

"Mary

Bachynsky/FPC Environmental To Dept." Greg Nizich/RTP/USEPA/US@EPA <mbachynsky@fpcu cc sa.com> "de la Cruz, Peter" <delacruz@khlaw.com>, 06/27/2008 11:12 <greg_bocchi@plastics.org>, "Mary AM Bachynsky" <mbachynsky@fpcusa.com> Subject VI PVC MACT Submittal: Estimated HAPs

Dear Greg; As promised, attached please find a letter, along with a referenced enclosure, regarding the Subject issue. Upon your review please let us know of any questions. Best Regards, Mary Bachynsky <<EPA Surrogacy Letter2008-06-26.doc>> <<VI EPA Submittal2008-06-26.pdf>> Mary P. Bachynsky Formosa Plastics Corp. U.S. A. 9 Peach Tree Hill Road Livingston, New Jersey 07039

Phone: 973-716-7342 Cell: 862-485-5542 mbachynsky@fpcusa.com mailto:mbachynsky@fpcusa.com>

____________________________________________________________ This communication is solely for use by the intended recipient and may contain information that is privileged, confidential or copyrightedunder applicable law. If you are not the intended recipient, you are

hereby formally notified that any use, copying or distribution of this communication, in whole or in part, is strictly prohibited. Unless explicitly stated, this communication does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This communication also does not constitute consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties.(See attached file: EPA Surrogacy Letter2008-06-26.doc)(See attached file: VI EPA Submittal2008-06-26.pdf)