alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.5

 

ENDORSEMENT TO 10% SENIOR SECURED CONVERTIBLE NOTE

 

Precision Optics Corporation, Inc.
 New York, New York
 July 25, 2011

 

The 10% Senior Secured Convertible Note dated June 25, 2008 and amended December 11, 2008, June 25, 2010, July 26, 2010, September 15, 2010, October 15, 2010, November 15, 2010, November 30, 2010, December 1, 2010, December 3, 2010, December 17, 2010, January 10, 2011,  January 24, 2011, February 7, 2011, February 25, 2011, March 11, 2011, March 31, 2011, April 14, 2011, April 29, 2011, May 13, 2011, June 3, 2011, June 28, 2011, July 6, 2011, and July 20, 2011 (the “Note”) of Precision Optics Corporation, Inc., a Massachusetts corporation (the “Company”), payable to the order of Special Situations Private Equity Fund, L.P. (the “Holder”) in an aggregate principal amount of $275,000 and to which the Endorsement is affixed is hereby amended in the following respects:

 

1.                                       The term “Stated Maturity Date” is hereby restated to be “July 29, 2011.”

 

2.                                       Except as expressly amended by this Endorsement, the Note remains in full force and effect and the Company hereby reconfirms its obligations thereunder.

 

IN WITNESS WHEREOF, the Company has caused this Endorsement to be duly executed, and the Holder has caused this Endorsement to be duly accepted, by their respective duly authorized representatives as of the day and year first above written.

 

 

	
 
    	
 
    	
PRECISION OPTICS CORPORATION, INC.
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
By
    	
/s/ Joseph N. Forkey
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
Name: Joseph N. Forkey
    
	
 
    	
 
    	
 
    	
Title: Chief Executive Officer
    
	
 
    	
 
    	
 
    
	
Accepted:
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
SPECIAL SITUATIONS PRIVATE EQUITY FUND, L.P.
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
By:
    	
/s/ Adam Stettner
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
Name: Adam Stettner
    	
 
    	
 
    
	
 
    	
Title: General Partner
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FOR MR WILLIAM FRIEDMAN FROM 0iLLIAHS. 9ALANGE Y~UR. ' I 

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ursuantto E .0. 1352
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

NEWPORT NEWS SHIPBUILDING AND

DRY DOCK COMPANY,

Petitioner,

v.

No. 96-2469

DIRECTOR, OFFICE OF WORKERS'

COMPENSATION PROGRAMS, UNITED

STATES DEPARTMENT OF LABOR;

RANALD ARNTZ,

Respondents.

On Petition for Review of an Order

of the Benefits Review Board.

(94-2839)

Argued: June 5, 1997

Decided: August 15, 1997

Before WILKINS and MICHAEL, Circuit Judges, and

PHILLIPS, Senior Circuit Judge.

_________________________________________________________________

Reversed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

ARGUED: Lawrence Philip Postol, SEYFARTH, SHAW, FAIRWEATHER & GERALDSON, Washington, D.C., for Petitioner.

Kevin William Grierson, JONES, BLECHMAN, WOLTZ & KELLY,

P.C., Newport News, Virginia, for Respondents. ON BRIEF: Richard
B. Donaldson, Jr., JONES, BLECHMAN, WOLTZ & KELLY, P.C.,

Newport News, Virginia, for Respondent Arntz.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Newport News Shipbuilding and Dry Dock Company appeals an

order of the Benefits Review Board affirming without opinion a decision and order of an administrative law judge (ALJ) awarding benefits

to Ranald Arntz under the Longshore and Harbor Workers' Compensation Act. After reviewing extensive and uncontradicted medical evidence indicating no physical cause for Arntz's complaints of pain in

his neck and head, the ALJ nevertheless awarded disability benefits.

The ALJ based the award upon the testimony of a single physician

whose conclusory opinion that Arntz was disabled contradicted the

results of numerous diagnostic tests.

After reviewing the record and the parties' briefs, and having had

the benefit of oral argument, we conclude that the award of benefits

is not supported by substantial evidence. See See v. Washington

Metro. Area Transit Auth., 36 F.3d 375, 380 (4th Cir. 1994). Accordingly, we reverse the award of benefits.

REVERSED

 2
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 11031 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
ARTURO TORRES

- CABRERA , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17

- CR

- 627

- 1

Before DAVIS, HAYNES, and GRAVES, Circuit Judges. PER CURIAM: * Arturo Torres

- Cabrera appeals his conviction for illegal reentry after deportation and his sentence of 33 months of imprisonment and t wo years of supervised release. He argues that his sentence exceeded the statutory maximum because the enhanced penalty provision of 8 U.S.C. § 1326(b)(1) is unconstitutional. He also asserts that his guilty plea was involuntary because he was not admonished that his prior felony conviction could only be used to

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED March 21, 2019 Lyle W. Cayce Clerk Case: 18-11031 Document: 00514883440 Page: 1 Date Filed: 03/21/2019No. 18

- 11031

2 enhance his sentence under § 1326(b)(1) if it was submitted to a jury and proved bey ond a reasonable doubt. However, Torres

- Cabrera has filed an unopposed motion for summary disposition and a letter brief conceding that these issues are foreclosed by Almendarez

- Torres v. United States , 523 U.S. 224 (1998). He explains that he has raised the issues only to preserve them for possible further review. Accordingly, because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969), Torres

- Cabrera ’s motion is GRANTED, and the district court’s judgment is AFFIRMED. Case: 18-11031 Document: 00514883440 Page: 2 Date Filed: 03/21/2019
# Fourth Court of Appeals

**San A ntonio, Texas** 

March 8, 2022

No. 04

- 21

- 00555

- CV

Richard L. FLEMING III, Appellant

v.

NASA FEDERAL CREDIT UNION

, Appellee

From the County Court

, Guadalupe County, Texas Trial Court No. 2020CV0167 Honorable Bill Squires , Judge Presiding



### ORDER

After the reporter’s and clerk’s record s were filed, Appellant filed his brief on March 7,

2022 , but Appellant’s brief does not comply with Rule 38.1 of the Texas Rules of Appellate
Procedure. See T EX

. R. A PP

. P. 38.1. Specifically, the brief has, among others, the following
defects:

• the Statement of Facts has no ci tation s to the cler k’s or reporter’s r ecord s , contra id. R. 38.1( g );

• the Statement of Facts contains arguments

, contra id. ; and

• the Argument section does not contain any citation s to the clerk’s or reporter’s
record s , contra id. R. 38.1(i)

. This court may order a party to amend, supplement, or redraw a brief if it flagrantly
violates Rule 38. See id. R. 38.9(a). We conclude that the defects described above constitute flagrant violations of Rule 38.

Therefore, we strike Appellant’s brief an d order Appellant to file an amended brief
within ten days of the date of this order. The amended brief must correct all the violations listed above and fully comply with the applicable rules. See, e.g.

, id. R. 9.4, 9.5, 38.1. If the amended brief does not comply with this order, we “may strike the brief, prohibit [Appellant] from filing another, and proceed as if [Appellant] had failed to file a brief.” See id. R. 38.9(a);see also id. R. 38.8(a) (authorizi ng this court to dismiss an appeal if an appellant fails to timely file a brief).

If Appellant timely files a brief that complies with this order, Appellee ’ s brief will be due thirty days after Appellant’s brief is filed. See T EX

. R. A PP

. P. 38.6(b).

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 8th day of March, 2022

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court
Fourth Court of Appeals

San Antonio, Texas

December 10, 2018

No. 04-18-00823-CR

Jake Eric ALVARADO,

Appellant

v.

The STATE of Texas,

Appellee

From the 38th Judicial District Court, Medina County, Texas

Trial Court No. 18-04-12822-CR

Honorable Camile Glasscock Dubose, Judge Presiding

O R D E R

The appellant’s brief is due to be filed in each of these appeals on January 2, 2019. 

Appellant’s attorney has filed an unopposed motion for extension of time to file the brief 

requesting a sixty-day extension of time due to his workload. This court generally grants 

extensions in thirty-day increments; however, the motion is GRANTED. Because this order 

grants a sixty-day extension, THIS IS THE FINAL EXTENSION OF TIME THAT THE 

APPELLANT WILL BE GRANTED. The Appellant’s brief must be filed by March 2, 2019.

_________________________________

Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 10th day of December, 2018.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
Exhibit 23.2

Consent of Scott Wilson Roscoe Postle Associates Inc.

I consent to the inclusion in this annual report on Form 40-F of North American Palladium Ltd., which is
being filed with the United States Securities and Exchange Commission, of references to our name and references to our involvement in the preparation of technical information relating to the
Lac des Iles Property, Ontario, included in the 2009 Annual Information Form of North American Palladium Ltd., dated March 31, 2010 (the "AIF").

I
also consent to the incorporation by reference in the Registration Statement on Form S-8 (File No. 333-13766) and in the Registration
Statements on Form F-10 and amendments thereto (File Nos. 333-158082 and 333-164512) of the references to our name and the above-
mentioned information in the AIF.

Dated
this 31st day of March, 2010.

/s/ DEBORAH A. MCCOMBE Name: Deborah A. McCombe, P.Geo.
Title: Executive Vice-President
on behalf of Scott Wilson Roscoe Postle Associates Inc.


---
Exhibit 10.1







Exhibit 10.1


FORM OF AMENDMENT TO

JANUARY
8, 2008 BRADY CORPORATION

PERFORMANCE-BASED RESTRICTED STOCK
AGREEMENT

(as amended July 20, 2011)


The following sets
forth an amendment to the January 8, 2008 Brady Corporation
Performance-Based Restricted Stock Agreement (the “Agreement”).


Section 2 of the
Agreement is amended to read as follows:


2. Vesting
Requirements. The vesting of this Award (other than pursuant to accelerated
vesting in certain circumstances as provided in Section 3 below) shall be
subject to the satisfaction of the vesting conditions set forth in either of
Section 2(a) or Section 2(b) below:


(a) First
Vesting Opportunity. The vesting conditions under this Section 2(a) shall
be satisfied only if (i) the Earnings Per Share for any one of the
Corporation’s fiscal years ending July 31, 2009, July 31, 2010,
July 31, 2011 or July 31, 2012 are at least 10% greater than the
Earnings Per Share for the Corporation’s fiscal year ending July 31,
2008 and (ii) the Employee remains continuously employed by the
Corporation (or an Affiliate) from the date hereof until January 15, 2013.
For purposes of this Agreement, “Earnings per Share” shall mean the
basic earnings per share of the Corporation’s Class A Common Stock
calculated in accordance with the standards of the Public Company Accounting
Oversight Board as in effect for the fiscal year ended July 31, 2008.


(b) Second
Vesting Opportunity. The vesting conditions under this Section 2(b) shall
be satisfied only if (i) the Net Income of the
Corporation for the fiscal year ending either July 31, 2013 or
July 31, 2014 is at least $145.4 million (per the fiscal year audit accepted by the Audit
Committee) and (ii) the Employee remains continuously employed by the
Corporation (or an Affiliate) from the date hereof until July 31, 2014.


Except as provided in
Section 3, if the Employee terminates employment prior to the satisfaction
of the vesting requirements set forth above, the Shares shall immediately be
forfeited. The period of time during which the Shares covered by this Award are
forfeitable is referred to as the “Restricted Period.”


 


5
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUL-31-1999
<PERIOD-START>                             AUG-01-1998
<PERIOD-END>                               JUL-31-1999
<CASH>                                         112,034
<SECURITIES>                                     1,067
<RECEIVABLES>                                    6,618
<ALLOWANCES>                                       986
<INVENTORY>                                          0
<CURRENT-ASSETS>                               119,328
<PP&E>                                           3,039
<DEPRECIATION>                                   1,238
<TOTAL-ASSETS>                                 163,948
<CURRENT-LIABILITIES>                           15,775
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           487
<OTHER-SE>                                     145,811
<TOTAL-LIABILITY-AND-EQUITY>                   163,948
<SALES>                                         14,167
<TOTAL-REVENUES>                                16,023
<CGS>                                            3,494
<TOTAL-COSTS>                                    9,451
<OTHER-EXPENSES>                                37,374
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 313
<INCOME-PRETAX>                               (32,003)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (32,003)
<EPS-BASIC>                                     (0.89)
<EPS-DILUTED>                                   (0.89)


</TABLE>
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> UT
<MULTIPLIER>  1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                       80,520
<OTHER-PROPERTY-AND-INVEST>                      1,335
<TOTAL-CURRENT-ASSETS>                          15,446
<TOTAL-DEFERRED-CHARGES>                         1,283
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                  98,584
<COMMON>                                        27,805
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                             11,334
<TOTAL-COMMON-STOCKHOLDERS-EQ>                  39,139
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                            27,599
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                        5,880
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                      600
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                        456
<LEASES-CURRENT>                                    61
<OTHER-ITEMS-CAPITAL-AND-LIAB>                  24,849
<TOT-CAPITALIZATION-AND-LIAB>                   98,584
<GROSS-OPERATING-REVENUE>                       22,049
<INCOME-TAX-EXPENSE>                             2,501
<OTHER-OPERATING-EXPENSES>                       4,986
<TOTAL-OPERATING-EXPENSES>                       7,487
<OPERATING-INCOME-LOSS>                          4,561
<OTHER-INCOME-NET>                                 141
<INCOME-BEFORE-INTEREST-EXPEN>                   4,702
<TOTAL-INTEREST-EXPENSE>                           733
<NET-INCOME>                                     3,969
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                    3,969
<COMMON-STOCK-DIVIDENDS>                             0
<TOTAL-INTEREST-ON-BONDS>                          616
<CASH-FLOW-OPERATIONS>                           6,950
<EPS-PRIMARY>                                     0.00
<EPS-DILUTED>                                     0.00
        

</TABLE>
EXHIBIT 32(b)


                                CERTIFICATION OF
                           AND CHIEF FINANCIAL OFFICER
                                   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 Thermodynetics, Inc. (the "Company")
on Form 10-QSB for the quarter ending December 31, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, the Chief Financial Officer ("CFO") of the Company, hereby
certifies to the best of the undersigned's knowledge and belief, 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 complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 in all material respects; 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:  February 10, 2005        By:      /s/  Robert I. Lieberman
                                       ----------------------------------------
                                          Robert I. Lieberman
                                          Treasurer and Chief Financial Officer


This certification shall not be deemed "filed" for purposes of Section 18 of the
Securities Exchange Act of 1934, or otherwise subject to the liability of that
section. This certification shall not be deemed to be incorporated by reference
into any filing under the Securities Act of 1933 or the Securities Exchange Act
of 1934, except to the extent that the small business issuer specifically
incorporates it by reference.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 2218

_____________________________
R OBERT L EE S MITH , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Duval County

. Russell Healey , Judge

. October 17, 2019

P ER C URIAM

. Robert Lee Smith, who was convicted of one count of sexual battery and one count of unlawful sexual activity with certain minors, claims these dual convictions violate double jeopardy because the latter count is subsumed in the former. The State agrees and concedes error. As such, we reverse and remand with instructions that Smith’s conviction and sentence as to the unlawful sexual activity with certain minors count be vacated. See State v. Shelley , 176 So. 3d 914, 919

- 20 (Fla. 2015) (“When an appellate court determines that dual convictions are impermissible, the appellate court should reverse the lesser offense conviction and affirm the greater.”)

.
R EVERSED and R EMANDED

.2 R AY , C.J., and M AKAR and M.K. T HOMAS , JJ., concur

.

_____________________ ________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Andy Thomas, Public Defender, and Kathleen Stover
, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Heather Flanagan Ross
, Assistant Attorney General, Tallahassee, for Appellee.
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Page 10496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03935]



[[Page 10496]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Nursing Research; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National 
Institute of Nursing Research Special Emphasis Panel, March 18, 2015, 
3:00 p.m. to March 18, 2015, 4:00 p.m., National Institutes of Health, 
One Democracy Plaza, 6701 Democracy Boulevard, Bethesda, MD 20892, 
which was published in the Federal Register on February 18, 2015, 80 FR 
8676.
    The meeting notice is amended to change the date of the meeting 
from March 18, 2015, 2:00 p.m. to March 12, 2015, 3:00 p.m. The meeting 
is closed to the public.

    Dated: February 20, 2015.
Michelle Trout,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2015-03935 Filed 2-25-15; 8:45 am]
BILLING CODE 4140-01-P
**MEMORANDUM**

DATE: June 3, 2015 TO: Clean Power Plan for Existing Power Plants; Docket I d: OAR

–2013 - 0602 FROM: Howard J. Hoffman , EPA - OGC SUBJECT: June 3, 2015 Phone Call with Advanced Energy Economy Regarding Proposed Clean Power Plan for Existing Power Plants **SUMMARY** On June 3 , 2015 , David Lifland (EPA - OAR - OAP) and I spoke b y t elephone with Arvin Ganesan , Malcolm Wolfe , Matt Stanberry , and Rochelle Perrydean of Advanced Energy Economy to discuss legal issues concerning the proposed Clean Power Plan for existing power plants.