alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 23

                         Consent of Independent Auditors

The Board of Directors and Shareholders
Linens 'n Things, Inc.:

      We consent to incorporation  by reference in the  Registration  Statements
Numbers  333-26819  and  333-26827  on Form S-8 of Linens 'n  Things,  Inc.  and
Subsidiaries of our report dated February 4, 1998,  relating to the consolidated
balance  sheets of Linens 'n Things,  Inc. and  Subsidiaries  as of December 31,
1997  and  1996,  and  the  related   consolidated   statements  of  operations,
shareholders'  equity,  and cash  flows for each of the years in the  three-year
period ended  December 31, 1997,  which report  appears in the December 31, 1997
annual report on Form 10-K of Linens 'n Things, Inc.

      Our report  refers to the adoption of the Financial  Accounting  Standards
Board's Statement of Financial Accounting Standards No. 121, "Accounting for the
Impairment of  Long-Lived  Assets and for  Long-Lived  Assets to be Disposed Of"
effective  October  1, 1995 and a change in the policy  for  accounting  for the
costs of internally developed software effective January 1, 1995.

KPMG Peat Marwick LLP

New York, New York
March 26, 1998
#### John J. Kaczmarski et al., Appellants, v Ransier Development Corporation et al., Respondents.

[773 NYS2d 685]

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered February 3, 2003. The order granted defendants’ motion for summary judgment dismissing the complaint in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion in part and reinstating the complaint, as amplified by the bill of particulars, against defendant The Zaepfel-Krog Corporation to the extent that it is based on negligent construction and reinstating the derivative cause of action and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by plaintiff John J. Kaczmarski when he fell while descending stairs outside a commercial warehouse. Plaintiffs alleged that The Zaepfel-Krog Corporation (defendant), which built the warehouse and allegedly was the owners’ managing agent thereof, was negligent in the construction and maintenance of the stairs. We conclude that Supreme Court properly granted that part of defendants’ motion seeking summary judgment dismissing the complaint against defendant to the extent that it is based on negligent maintenance, but we agree with plaintiffs that the court erred in granting that part of the motion dismissing the complaint, as amplified by the bill of particulars, to the extent that it is based on negligent construction. With respect to negligent maintenance, defendant met its initial burden by establishing that, under the lease *1056governing the premises, neither the property owners nor defendant owed or undertook any duty to maintain the stairs *(see Czerkas v Jonre Realty Co.,*200 AD2d 821, 822-823 [1994]), and plaintiffs failed to raise a triable issue of fact *(see generally Zuckerman v City of New York,*49 NY2d 557, 562 [1980]). No evidence was submitted in support of the motion to establish that the stairs were not negligently constructed, however, and thus defendant failed to meet its initial burden with respect to negligent construction *(see Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]; *see also Colonno v Executive I Assoc.,*228 AD2d 859, 860 [1996]). We therefore modify the order accordingly. Present—Wisner, J.E, Hurlbutt, Kehoe, Lawton and Hayes, JJ.
```

                                                                    EXHIBIT 32.2

                        CERTIFICATION OF CFO 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 Annual Report on Form 10-K of Panavision Inc. (the
"Company") for the fiscal year ended December 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Bobby
G. Jenkins, as Chief Financial Officer of the Company, hereby 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 my knowledge:

     (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/ BOBBY G. JENKINS
----------------------------------------
Name:  Bobby G. Jenkins
Title: Executive Vice President,
       Chief Financial Officer and
       Principal Accounting Officer
Date:  March 31, 2005
```
# Army Guard Reinstates Retention Bonuses After One-Week Suspension

**24-004** |  March 8, 2024    

Seal of the National Guard Bureau **(Photo by National Guard Bureau)**

ARLINGTON, Va. — The Army National Guard has reinstated retention bonuses effective today following a one-week suspension.

 “Our first obligation to the Army and to Congress is for us to meet our end strength mission," said Army Lt. Gen. Jon A. Jensen, director of the Army National Guard. "Our soldiers represent all that is truly great about our Army and our nation.”

The Army Guard suspended retention bonuses on March 1, to address projected FY24 funding shortfalls. The Guard initially anticipated a 30-day pause in new retention bonuses would be needed. A funding solution has been identified that has permitted the suspension to be lifted early and the retention bonus was reinstated effective March 8.
II 

111TH CONGRESS 

1ST SESSION H. R. 3667 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 2, 2009 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To designate the facility of the United States Postal Service 

located at 16555 Springs Street in White Springs, Florida, as the ‘‘Clyde L. Hillhouse Post Office Building’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


smartinez on DSKB9S0YB1PROD with BILLS
2 

HR 3667 RFS 

1 SECTION 1. CLYDE L. HILLHOUSE POST OFFICE BUILDING. 

2 (a) DESIGNATION.—The facility of the United States 

3 Postal Service located at 16555 Springs Street in White 

4 Springs, Florida, shall be known and designated as the 

5 ‘‘Clyde L. Hillhouse Post Office Building’’. 

6 (b) REFERENCES.—Any reference in a law, map, reg7 ulation, document, paper, or other record of the United 

8 States to the facility referred to in subsection (a) shall 

9 be deemed to be a reference to the ‘‘Clyde L. Hillhouse 

10 Post Office Building’’. 

Passed the House of Representatives December 1, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


smartinez on DSKB9S0YB1PROD with BILLS
#### John Andrews, Appl’t, *v.*Mary A. Davis, Resp’t.

*(City Court of Brooklyn, General Term,*

*Filed December*27, 1886.)

CONTRACT FOE SATE OF LAND — WHEN TENDEE OF PURCHASE MONET MUST BE PROVED — COSTS.

Where in a contract for sale of lands, the purchase money was to he paid on a particular day, and neither party performed or offered to perform on that day, neither party can maintain an action at law upon the contract, hut in such case, either party may claim a specific performance in equity, making the offer incumbent upon him in the complaint for specific performance. Failure to make tender of performance before the commencement of the action will influence the question of costs.

Appeal from a judgment dismissing the complaint entered at the circuit on a trial by the court without a jury.

*John Andretvs,*for appl’t; *D. P. Barnard,*for resp’t.

*860Van Wyck, J.

On October 24, 1861, one Wright Davis, agreed to sell to one George G. Andrews, certain real estate and conveyed the same to Andrews on the payment of the purchase' price on a day named. Wright Davis died in 1869, leaving him surviving the defendants, his only heirs against whom this action was brought by George G. Andrews in 1872, for the specific performance of such agreement.

May 1st, 1873, George G. Andrews assigned all his interest in said contract to the present plaintiff John Andrews. George G. Andrews thereafter died, to wit, in 1877, and thereafter, Dec. 24, 1885, by order of this court, this action was revived in the name of John Andrews, and Hannah Cox, as administratrix, was made a defendant therein. At the trial of the action before the court without a jury, the plaintiff rested after putting in his proofs and the court on motion of defendant, dismissed the complaint on the ground that plaintiff had failed to prove that George G. Andrews had tendered the purchase money to Wright Davis and his refusal to convey to Andrews. It seems to be settled that where, in a contract for sale of lands, the purchase money was to be paid on a particular day and neither party performed or offered to perform on that day, that neither party could maintain an action at law upon the contract, but that in such case either party may claim a specific performance in equity, making the offer incumbent upon him in the complaint for specific performance. That the failure to make tender of performance before the commencement of the action will influence the question of costs. *Freeson*v. *Bissell,*63 N. Y., 168; *Stevenson*v. *Maxwell,*2 N. Y., 409*; Bruce*v. *Tilson,*25 N. Y., 194.

We think the court below erred in the dismissal of the complaint solely on this ground without a consid ration of the case on the merits. This renders an examination of the other exceptions unnecessary.

Judgment reversed. New trial ordered with costs to abide the event.

REYNOLDS, J., concurs.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001105858
<NAME> OXY GENERAL CORPORATION
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                           7,005
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 7,005
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   7,005
<CURRENT-LIABILITIES>                              853
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        11,000
<OTHER-SE>                                       6,152
<TOTAL-LIABILITY-AND-EQUITY>                     7,005
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 2,395
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  55
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,450)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,450)
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
CONTIFINANCIAL CORPORATION CONSOLIDATED BALANCE SHEETS AND STATEMENTS OF INCOME
FOR THE YEAR ENDED MARCH 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                    <C>
<PERIOD-TYPE>          12-MOS
<FISCAL-YEAR-END>                   MAR-31-1999
<PERIOD-END>                        MAR-31-1999
<CASH>                                  112,839
<SECURITIES>                            722,012
<RECEIVABLES>                         1,344,347
<ALLOWANCES>                             (7,364)
<INVENTORY>                                   0
<CURRENT-ASSETS>                              0
<PP&E>                                   37,246
<DEPRECIATION>                          (13,454)
<TOTAL-ASSETS>                        2,355,164
<CURRENT-LIABILITIES>                         0
<BONDS>                                       0
<PREFERRED-MANDATORY>                         0
<PREFERRED>                                   0
<COMMON>                                    477
<OTHER-SE>                              202,774
<TOTAL-LIABILITY-AND-EQUITY>          2,355,164
<SALES>                                       0
<TOTAL-REVENUES>                        253,191
<CGS>                                         0
<TOTAL-COSTS>                                 0
<OTHER-EXPENSES>                        506,993
<LOSS-PROVISION>                          6,215
<INTEREST-EXPENSE>                      233,598
<INCOME-PRETAX>                        (493,615)
<INCOME-TAX>                            (67,510)
<INCOME-CONTINUING>                    (426,257)
<DISCONTINUED>                                0
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                           (426,257)
<EPS-BASIC>                             (9.21)
<EPS-DILUTED>                             (9.21)



</TABLE>
<PAGE>   1
                                                                    EXHIBIT 21.1

                              LIST OF SUBSIDIARIES

<TABLE>
<CAPTION>
Name                                                    Jurisdiction
----                                                    ------------
<S>                                                     <C>
Apex Data, Inc.                                         Delaware
SMART Modular Technologies (Europe) Limited             United Kingdom
SMART Modular Technologies (UK) Ltd.                    United Kingdom
SMART Modular Technologies FSC, Inc.                    Barbados
SMART Modular Technologies (India) Pvt.  Ltd.           India
SMART Modular Technologies (PR), Inc.                   California
SMART Modular Technologies (Australia) Pty.  Ltd.       Australia
RISQ Modular Systems, Inc.                              California
SMART Modular Technologies (Deutschland) GmbH           Germany
SMART Modular Technologies (Puerto Rico), Inc.          Cayman Islands
SMART Modular Technologies (Intl.), Inc.                Cayman Islands
SMART Modular Technologies (Netherlands) B.V.           Netherlands
SMART Modular Technologies (Netherlands) C.V.           Netherlands
SMART Modular Technologies (CA), Inc.                   California
SMART Modular Technologies Sdn. Bhd.                    Malaysia
</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
INTERNATIONAL WIRELESS COMMUNICATIONS HOLDINGS, INC. AND SUBSIDIARY FORM 10-K
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          41,657
<SECURITIES>                                         0
<RECEIVABLES>                                      348
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                54,408
<PP&E>                                          18,426
<DEPRECIATION>                                     852
<TOTAL-ASSETS>                                 169,358
<CURRENT-LIABILITIES>                            7,313
<BONDS>                                         75,466
<PREFERRED-MANDATORY>                          103,021
<PREFERRED>                                          9
<COMMON>                                             6
<OTHER-SE>                                      22,142
<TOTAL-LIABILITY-AND-EQUITY>                   169,358
<SALES>                                            869
<TOTAL-REVENUES>                                   869
<CGS>                                            1,948
<TOTAL-COSTS>                                    1,948
<OTHER-EXPENSES>                                17,333
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,790
<INCOME-PRETAX>                               (35,908)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (35,908)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 10.90

 

Amendment to Employment Agreement

 

This Agreement (the “Agreement”) is entered into effective as of January 28, 2013 between Move, Inc. (the “Company”) and Errol Samuelson (“Executive”).

 

In consideration of the mutual covenants contained herein and the continued employment of Executive by the Company, the parties agree as follows:

 

1.              The parties acknowledge that effective as of April 2, 2012, Executive’s annual base salary was increased to $350,000.

 

2.              Provided that Executive complies with Sections 5.2 and 5.3 of the Executive Retention and Severance Agreement between Executive and the Company dated May 6, 2008, as amended (the “Retention Agreement”), the Company agrees that in the event of Executive’s Termination Upon Change of Control or Termination in Absence of Change of Control (as defined in the Retention Agreement), any stock options granted, restricted stock units granted and/or restricted stock issued by the Company to Executive subsequent to the date of the Retention Agreement shall vest; provided, however that with respect to stock options granted on or after June 15, 2011, the period to exercise any such options shall be ninety (90) days following the end of the transition period (if any) or ninety (90) days following termination of employment if the Company requests no transition period, or any longer exercise period provided under the terms of the applicable incentive plan under which such options were granted.

 

IN WITNESS WHEREOF, the Company and Executive have caused this Agreement to be executed on the day and year first above written.

 

	
MOVE, INC.
    	
 
    
	
 
    	
 
    	
 
    
	
By: 
    	
/s/ Steven H. Berkowitz
    	
 
    
	
Its:  
    	
CEO
    	
 
    
	
 
    	
 
    	
 
    
	
/s/   Errol Samuelson
    	
 
    
	
Errol   Samuelson
Stratification of New Mexico

2014

Land Use Strata

>50% Cultivated

15-50% Cultivated

Agri-Urban: >100 homes/sq. mi. (>20 on Native American lands)

Commercial: >100 homes/sq. mi.

<15% Cultivated

Non-Agricultural

Water

Unprojected, Geographic Coordinates Prepared by Geospatial Science and Survey Section
# Exhibit 99.1

|                   |  |              
|------------------ |  | -------------
|Venetian Lion Logo |  | Press Release

---

|                       |  |                            
|---------------------- |  | ---------------------------
|For Immediate Release: |  | Contact:   David Friedman  
|January 12, 2004       |  | Venetian Casino Resort, LLC
|                       |  | (702) 733-5502             

# Venetian Casino Resort
Announces Retentionof Goldman, Sachs &
Co.

(Las Vegas, Nevada  January
12, 2004)  Venetian Casino Resort LLC (the Company) announced today
that it has retained Goldman, Sachs & Co., as financial advisor, to explore various
strategic alternatives available to it relating to the Grand Canal Shoppes, the
Venetian-themed mall attached to the Venetian Casino Resort. No decision has been made as
to whether there will be a sale or any other transaction involving the Grand Canal
Shoppes.

                    
                    


The matters described in this press
release contain forward-looking statements that are made pursuant to the Safe Harbor
Provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking
statements involve a number of risks, uncertainties or other factors beyond the
Companys control, which may cause material differences in actual results,
performance or other expectations. These factors include, but are not limited to general
economic conditions, competition, new ventures, government regulation, legalization of
gaming, interest rates, future terrorist acts, insurance, and other factors detailed in
the reports filed by Las Vegas Sands, Inc. with the Securities and Exchange Commission.
Readers are cautioned not to place undue reliance on these forward-looking statements,
which speak only as of the date thereof. The Company assumes no obligation to update such
information.
<PAGE>   1
 
                                                                    EXHIBIT 11.1
 
                            INFINIUM SOFTWARE, INC.
 
                   COMPUTATION OF NET INCOME PER COMMON SHARE
                     (IN THOUSANDS, EXCEPT PER SHARE DATA)
 
<TABLE>
<CAPTION>
                                                                      YEAR ENDED SEPTEMBER 30,
                                                                     --------------------------
                                                                      1995     1996      1997
                                                                     ------   -------   -------
<S>                                                                  <C>      <C>       <C>
Net income.........................................................  $3,684   $ 5,590   $   357
Net interest income pursuant to APB 15, paragraph 38(b)............      88        --        --
                                                                     ------   -------   -------
Net income attributable to common shares...........................  $3,772   $ 5,590   $   357
                                                                     ======   =======   =======
Weighted average common and common equivalent shares outstanding:
  a. Shares attributable to common stock outstanding...............   8,251    10,070    11,531
  b. Shares attributable to common stock options and warrants
     pursuant to APB 15, paragraph 38(a)...........................     820     1,299       704
  c. Shares attributable to common stock options pursuant to SAB
     83............................................................     330        --        --
                                                                     ------   -------   -------
Weighted average common and common equivalent shares outstanding...   9,401    11,369    12,235
                                                                     ======   =======   =======
Net income per share...............................................  $ 0.40   $  0.49   $  0.03
                                                                     ======   =======   =======
</TABLE>