alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 3.2(x)**

**TENTH AMENDMENT TOSECOND AMENDED AND RESTATED AGREEMENT  OF LIMITED PARTNERSHIP OFDUKE REALTY LIMITED PARTNERSHIP**

Theundersigned, as the General Partner of Duke Realty Limited Partnership (the “Partnership”),hereby amends the Partnership’s Second Amended and Restated Agreement ofLimited Partnership, as heretofore amended (the “Partnership Agreement”),pursuant to Sections 4.02(a) and 9.05(a)(v) of the Partnership Agreement, to(a) de-designate all series of preferred units that were designated as Series APreferred Units, Series D Convertible Cumulative Redeemable Preferred Units,Series E Cumulative Redeemable Preferred Units, Series F Cumulative RedeemablePreferred Units, Series H Cumulative Redeemable Preferred Units, and Series I CumulativeRedeemable Preferred Units, and (b) delete those exhibits designating andsetting forth the rights of the Partnership’s previously issued Series APreferred Units, Series D Convertible Cumulative Redeemable Preferred Units,Series E Cumulative Redeemable Preferred Units, Series F Cumulative RedeemablePreferred Units, Series H Cumulative Redeemable Preferred Units, and Series ICumulative Redeemable Preferred Units, each of which series has since beenredeemed in full and no units of which series are any longer outstanding.  In all other respects, the PartnershipAgreement shall continue in full force and effect as amended hereby.  Any capitalized terms used in this Amendmentand not defined herein have the meanings given to them in the Partnership Agreement.

----

 
| Dated: April 30, 2007 | DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited  partnership |
|-----------------------|------------------------------------------------------------------|
|                  |                                                             |
|                  | By:                                                              | DUKE REALTY CORPORATION, an Indiana corporation, its  sole general partner |
|                  |                                                             |   |
|                  |                                                             | By: |  /s/ Howard L.  Feinsand |
|                  |                                                             |   | Howard L. Feinsand |
|                  |                                                             |   | Executive Vice President, General Counsel and  Corporate Secretary |

 

----
# C_2005009EN.01000101.xml

| 13.1.2005 | EN | Official Journal of the European Union | C 9/1 |
| --- | --- | --- | --- |

13.1.2005

EN

Official Journal of the European Union

C 9/1

---

Euro exchange rates (1)

1

12 January 2005

(2005/C 9/01)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3139 |
| JPY | Japanese yen | 135,47 |
| DKK | Danish krone | 7,4405 |
| GBP | Pound sterling | 0,69990 |
| SEK | Swedish krona | 9,0550 |
| CHF | Swiss franc | 1,5488 |
| ISK | Iceland króna | 82,70 |
| NOK | Norwegian krone | 8,1940 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,58130 |
| CZK | Czech koruna | 30,485 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 247,75 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6964 |
| MTL | Maltese lira | 0,4324 |
| PLN | Polish zloty | 4,0725 |
| ROL | Romanian leu | 38 027 |
| SIT | Slovenian tolar | 239,7700 |
| SKK | Slovak koruna | 38,700 |
| TRY | Turkish lira | 1,8098 |
| AUD | Australian dollar | 1,7326 |
| CAD | Canadian dollar | 1,5997 |
| HKD | Hong Kong dollar | 10,2435 |
| NZD | New Zealand dollar | 1,8870 |
| SGD | Singapore dollar | 2,1546 |
| KRW | South Korean won | 1 369,08 |
| ZAR | South African rand | 7,9278 |

Currency

Exchange rate

USD

US dollar

1,3139

JPY

Japanese yen

135,47

DKK

Danish krone

7,4405

GBP

Pound sterling

0,69990

SEK

Swedish krona

9,0550

CHF

Swiss franc

1,5488

ISK

Iceland króna

82,70

NOK

Norwegian krone

8,1940

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,58130

CZK

Czech koruna

30,485

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

247,75

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6964

MTL

Maltese lira

0,4324

PLN

Polish zloty

4,0725

ROL

Romanian leu

38 027

SIT

Slovenian tolar

239,7700

SKK

Slovak koruna

38,700

TRY

Turkish lira

1,8098

AUD

Australian dollar

1,7326

CAD

Canadian dollar

1,5997

HKD

Hong Kong dollar

10,2435

NZD

New Zealand dollar

1,8870

SGD

Singapore dollar

2,1546

KRW

South Korean won

1 369,08

ZAR

South African rand

7,9278

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
<PAGE>

                                                                      EXHIBIT 11
 
                            TOMORROW'S MORNING, INC.

                       COMPUTATION OF EARNINGS PER SHARE
                                  (UNAUDITED)

<TABLE>
<CAPTION>
                                                                Three months ended              Six months ended
                                                                 December 31, 1997              December 31, 1997
                                                                 -----------------              -----------------
<S>                                                              <C>                            <C>
Net loss                                                             $(2,983,687)                   $(4,901,918)

Basis for computation of primary earnings per common and
common equivalent share:
Weighted average number of shares outstanding during period            2,800,528                      2,793,263

Weighted average (incremental) common share equivalent after 
considering the effects of options and warrants outstanding 
during the period ended December 31, 1997 and after assumed 
repurchase of treasury shares as required by Securities and 
Exchange Commission Staff Accounting Bulletin No. 83
                                                                           - 0 -                          - 0 -
                                                                     -----------                    -----------

Total weighted average number of shares                                2,800,528                      2,793,263
                                                                     ===========                    ===========

Loss per share                                                      $     ( 1.07)                   $     (1.75)
                                                                    ============                    ===========
</TABLE>
# C_2004246EN.01000301.xml

| 5.10.2004 | EN | Official Journal of the European Union | C 246/3 |
| --- | --- | --- | --- |

5.10.2004

EN

Official Journal of the European Union

C 246/3

---

MEMBERS OF THE SELECTION BOARD

OPEN COMPETITION EPSO/B/10/03

(2004/C 246/03)

ADMINISTRATIVE ASSISTANTS IN THE FIELDS OF PRODUCTION COORDINATION AND PROOF-READING

| Chairman: | Jean Pascal RIHOUX |
| --- | --- |
| Alternate Chairman: | Regina VAHRMEIJER |
| Full members: | Johannes HONDIUS
  Wim VAN HEESEN |

Chairman:

Jean Pascal RIHOUX

Alternate Chairman:

Regina VAHRMEIJER

Full members:

Johannes HONDIUS

Wim VAN HEESEN

---
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET OF TRESCOM INTERNATIONAL, INC. AT JUNE 30,
1997, AND THE CONDENSED CONSOLIDATED STATEMENT OF OPERATIONS FOR THE SIX MONTHS
ENDED JUNE 30, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           2,241
<SECURITIES>                                         0
<RECEIVABLES>                                   42,432
<ALLOWANCES>                                     7,671
<INVENTORY>                                          0
<CURRENT-ASSETS>                                41,385
<PP&E>                                          32,593
<DEPRECIATION>                                   7,603
<TOTAL-ASSETS>                                 107,086
<CURRENT-LIABILITIES>                           38,071
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           494
<OTHER-SE>                                      64,096
<TOTAL-LIABILITY-AND-EQUITY>                   107,086
<SALES>                                         76,232
<TOTAL-REVENUES>                                76,232
<CGS>                                           58,871
<TOTAL-COSTS>                                   17,132
<OTHER-EXPENSES>                                 3,073
<LOSS-PROVISION>                               (2,844)
<INTEREST-EXPENSE>                                 108
<INCOME-PRETAX>                                (2,952)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,952)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,952)
<EPS-PRIMARY>                                   (0.25)
<EPS-DILUTED>                                   (0.25)
        

</TABLE>
<PAGE>

                                                                    Exhibit 10.8

                              CONSENT OF GUARANTOR

                  The undersigned guarantor of the obligations of Mountaineer
Park, Inc. ("Lessee") pursuant to that certain Master Equipment Lease Agreement
No. 2248 dated as of January 31, 2000 (the "Lease") (i) consents to the addition
of Equipment Schedule No. 02248-003 ("Schedule 003") (ii) confirms and agrees
that the undersigned's obligations under the Guaranty Agreement dated as of
January 27, 2000 (the "GUARANTY") relating to the Obligations described in the
Lease Documents (as defined in the Lease) shall be unimpaired by Schedule 003
and shall include any Obligations relating to Schedule 003, (iii) confirms and
agrees that, as of the date hereof, the undersigned has no defenses or set offs
against PNC Leasing, LLC ("Lessor"), its officers, directors, employees, agents
or attorneys, with respect to the Guaranty, and (iv) confirms and agrees that
all of the terms, conditions and covenants in the Guaranty remain unaltered and
in full force and effect and are hereby ratified and confirmed. THE UNDERSIGNED
HEREBY RATIFIES AND CONFIRMS THE CONFESSION OF JUDGMENT AND WAIVER OF JURY TRIAL
PROVISIONS CONTAINED IN THE GUARANTY.

                  WITNESS the due execution hereof as a document under seal, as
of April ___, 2001, intending to be legally bound hereby.


ATTEST/WITNESS:                             MTR GAMING GROUP, INC.

_________________________________   By: __________________________________

_________________________________   Its: ___________________________________
# C_2004284EN.01001603.xml

| 20.11.2004 | EN | Official Journal of the European Union | C 284/16 |
| --- | --- | --- | --- |

20.11.2004

EN

Official Journal of the European Union

C 284/16

---

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 September 2004

in Case T-183/03: Applied Molecular Evolution Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

1

(Community trade mark - Word mark APPLIED MOLECULAR EVOLUTION - Absolute grounds for refusal - Article 7(1)(c) of Regulation (EC) No 40/94 - Descriptive sign)

(2004/C 284/34)

Language of the case: English

In Case T-183/03: Applied Molecular Evolution Inc., established in San Diego, California (United States), represented by A. Deutsch, laywer, and by M. Weber-Quitzau, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: H. Nokkanen and A. Folliard-Monguiral) — action brought against the decision of the Second Board of Appeal of OHIM of 13 March 2003 (Case R 108/2002-2) upholding the refusal to register APPLIED MOLECULAR EVOLUTION as a word mark — the Court of First Instance (Second Chamber), composed of J. Pirrung, President, A.W.H. Meij and N. J. Forwood, Judges; I. Natsinas, Administrator, for the Registrar, has given a judgment on 14 September 2004, in which it:

| 1. | Dismisses the application; |
| --- | --- |

1.

Dismisses the application;

| 2. | Orders the applicant to pay the costs. |
| --- | --- |

2.

Orders the applicant to pay the costs.

---

(1)  OJ C 184 of 2.8.2003.

1

---
#### Baumann, Appellant, vs. Chicago, Milwaukee, St. Paul & Pacific Railway Company, Respondent.

For the appellant: *Bloodgood, Kemper & Passmore,*attorneys, and *Eric Wm. Passmore*of counsel, all of Milwaukee.

For the respondent: *Bender, Trump & McIntyre,*attorneys, and *Rodger M. Trump*and *David G. Owen, Jr.,*of counsel, all of Milwaukee.

*By the Co%irt.*

Judgment affirmed.
IN THE SUPREME COURT OF PENNSYLVANIA

IN RE:

PUBLIC ACCESS POLICY OF THE 

UNIFIED JUDICIAL SYSTEM OF 

PENNSYLVANIA: CASE RECORDS OF 

THE APPELLATE AND TRIAL COURTS

:

:

:

:

:

:

NO. 490

JUDICIAL ADMINISTRATION DOCKET 

ORDER

PER CURIAM

AND NOW, this 28th day of November, 2017, in accordance with Section 7(C) of 

the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records 

of the Appellate and Trial Courts, it is Ordered that all documents filed with the Supreme 

Court of Pennsylvania that contain confidential information shall be filed in two versions, 

a redacted version and an unredacted version. 

This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall 

be effective January 6, 2018.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-29-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                       6,507,919
<SECURITIES>                                         0
<RECEIVABLES>                               43,099,110
<ALLOWANCES>                               (2,192,250)
<INVENTORY>                                 40,716,999
<CURRENT-ASSETS>                            93,751,219
<PP&E>                                      20,686,509
<DEPRECIATION>                            (10,678,942)
<TOTAL-ASSETS>                             204,349,407
<CURRENT-LIABILITIES>                       45,447,654
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                   103,729,854
<OTHER-SE>                                  17,086,894
<TOTAL-LIABILITY-AND-EQUITY>               204,349,407
<SALES>                                     75,723,635
<TOTAL-REVENUES>                            75,723,635
<CGS>                                       49,021,997
<TOTAL-COSTS>                               49,021,997
<OTHER-EXPENSES>                            19,669,187
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                         (1,112,588)
<INCOME-PRETAX>                              5,919,863
<INCOME-TAX>                                 2,447,343
<INCOME-CONTINUING>                          3,472,520
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,472,520
<EPS-BASIC>                                       0.28
<EPS-DILUTED>                                     0.28


</TABLE>
# C_2004314EN.01001603.xml

| 18.12.2004 | EN | Official Journal of the European Union | C 314/16 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

C 314/16

---

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 October 2004

in Case T-257/02, K v Court of Justice of the European Communities (1)

(Officials - Action for damages - Exposure to asbestos - Occupational disease - Damage)

(2004/C 314/42)

Language of the case: French

In Case T-257/02, K, an official of the Court of Justice of the European Communities, residing in Luxembourg (Luxembourg), represented by J. Iturriagagoitia Bassas and K. Delvolvé, lawyers, against Court of Justice of the European Communities (Agent: M. Schauss, with an address for service in Luxembourg) — application for damages for the physical harm and the non-material, professional and financial loss allegedly suffered by the applicant — the Court of First Instance (Fourth Chamber), composed of: H. Legal, President, V. Tiili and M. Vilaras, Judges; J. Palacio González, Principal Administrator, for the Registrar, has given a judgment on 14 October 2004, in which it:

| 1) | Dismisses the action; |
| --- | --- |

1)

Dismisses the action;

| 2) | Orders the parties to bear their own costs. |
| --- | --- |

2)

Orders the parties to bear their own costs.

---

(1)  
  OJ C 274 of 9.11.2002.

---
**Exhibit
      32.2**





CERTIFICATION
      OF CORPORATE CONTROLLER AND PRINCIPAL FINANCIAL OFFICER


PURSUANT
      TO 18 U.S.C. ss. 1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





In
      connection with the Annual Report of ATSI Communications, Inc. on Form 10-KSB
      for the period ending July 31, 2006, as filed with the Securities and Exchange
      Commission on the date hereof, I, Antonio Estrada, Corporate Controller and
      Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C,
      ss.
      1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,





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





2)
            the
                information in the Report fairly presents, in all material respects,
                the
                financial condition and result of operations of the
                Company.





By
      /s/
      Antonio Estrada





Antonio
      Estrada


Corporate
      Controller and


Principal
      Financial Officer


October
      30, 2006
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

MAY 20, 2010

JOHN LEY

 CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 09-14827

Non-Argument Calendar

________________________

D. C. Docket No. 08-00457-CR-1-CAP

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ENEYDA ROMERO MOLINA,

a.k.a. Martha Salgado-Vega,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Northern District of Georgia

_________________________

(May 20, 1020)

Before MARCUS, WILSON and ANDERSON, Circuit Judges.

PER CURIAM:

David Marshall, appointed counsel for Eneyda Romero Molina in this direct
criminal appeal, has moved to withdraw from further representation of the

appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct.

1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals

that counsel’s assessment of the relative merit of the appeal is correct. Because

independent examination of the entire record reveals no arguable issues of merit,

counsel’s motion to withdraw is GRANTED, and Molina’s convictions and

sentences are AFFIRMED.

2
#### City of Barron and another, Appellants, vs. Industrial Commission of Wisconsin and others, Respondents.

*December 11, 1925*

January *12, 1926.*

*Appeal and error: Affirmance by divided court.*

Where the Justices of this court are equally divided in opinion on the question involved in an appeal, the judgment appealed from will be affirmed.

Appeal from á judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge.

*Affirmed.*

For the appellants there was a brief by *uarles, Spence & Quarles,*attorneys, and *Arthur B. Doe*and *Kenneth P.*
      *654
      *Grubb,*of counsel, all of Milwaukee, and oral argument by *Mr. Doe.*

For. the respondent *Industrial Commission*there was a brief by the *Attorney General*and *Mortimer Levitan*and *Suel 0. Arnold,*assistant attorneys general, and oral'ar- • gument by *Mr. Arnold.*

For the respondent *Barron Woolen Mill. Company*there' was a brief by *Charles A. Taylor*of Barron.

Per Curiam.

This is an appeal from a judgment of the circuit court for Dane county confirming the award of the *Industrial Commission*in favor of the defendant *Warren Taft*and against the plaintiffs. Upon consideration of the case here, the Chief Justice deeming himself disqualified, the remaining six members are equally divided in opinion as to whether the judgment should be affirmed or reversed. Under the rule, this situation results in an af-firmance of the judgment.

Judgment appealed from is affirmed.
# C_2004262EN.01005601.xml

| 23.10.2004 | EN | Official Journal of the European Union | C 262/56 |
| --- | --- | --- | --- |

23.10.2004

EN

Official Journal of the European Union

C 262/56

---

Action brought on 17 August 2004 by Sadas S.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-346/04)

(2004/C 262/103)

Language in which the application was submitted: French

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 17 August 2004 by Sadas S.A., established in Tourcoing (France), represented by A. Bertrand, lawyer.

L.T.J. Diffusion was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

| — | alter in its entirety the operative part of the decision of the First Board of Appeal in Case R 393/2003-1; |
| --- | --- |

—

alter in its entirety the operative part of the decision of the First Board of Appeal in Case R 393/2003-1;

| — | annul the decision contested in that case by which the examiner found that there is a likelihood of confusion in the minds of the public between the mark ‘ARTHUR’ and the mark in respect of which registration is sought ‘ARTHUR ET FELICIE’; |
| --- | --- |

—

annul the decision contested in that case by which the examiner found that there is a likelihood of confusion in the minds of the public between the mark ‘ARTHUR’ and the mark in respect of which registration is sought ‘ARTHUR ET FELICIE’;

| — | order L.T.J. Diffusion to pay the costs. |
| --- | --- |

—

order L.T.J. Diffusion to pay the costs.

Pleas in law and main arguments:

| Applicant for Community trade mark: | The applicant. |
| --- | --- |
| Community trade mark sought: | Three-dimensional mark ‘ARTHUR ET FELICIE’ — Application No 0373787. |
| Goods or services: | Goods in Classes 16, 24 and 25. |
| Proprietor of mark or sign cited in opposition: | L.T.J. Diffusion. |
| Mark or sign cited in opposition: | National trade mark ‘ARTHUR’ for Class 25 (clothing). |
| Decision of the Opposition Division: | Rejection of the opposition. |
| Decision of the Board of Appeal: | Annulment of the decision of the Opposition Division. |
| Pleas in law: | Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94. |

Applicant for Community trade mark:

The applicant.

Community trade mark sought:

Three-dimensional mark ‘ARTHUR ET FELICIE’ — Application No 0373787.

Goods or services:

Goods in Classes 16, 24 and 25.

Proprietor of mark or sign cited in opposition:

L.T.J. Diffusion.

Mark or sign cited in opposition:

National trade mark ‘ARTHUR’ for Class 25 (clothing).

Decision of the Opposition Division:

Rejection of the opposition.

Decision of the Board of Appeal:

Annulment of the decision of the Opposition Division.

Pleas in law:

Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94.

---