alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
forrm8kexh1060_052510.htm




May 20, 2010







American Consumers, Inc.


55 Hannah Way


Rossville, GA  30741







Gentlemen:







This letter agreement amends and clarifies certain terms in that certain Promissory Note, dated as of May 20, 2010, and the related Business Loan Agreement, dated as of May 20, 2010, concerning a revolving line of credit in the maximum amount of $800,000.00 being provided by Gateway Bank & Trust (the “Lender”) to American Consumers, Inc. doing business as Shop Rite (the “Borrower”).







Each of the above-referenced documents is hereby modified as follows:








	
1.

	
The subparagraph entitled “Indebtedness and Liens” under the main heading “NEGATIVE COVENANTS” on page 3 of the Business Loan Agreement is hereby modified to read as follows:












Indebtedness and Liens.  (1) Except for trade debt incurred in the normal course of business, indebtedness to Lender contemplated by this Agreement and additional indebtedness incurred to third parties in an aggregate amount not to exceed $50,000.00 credit, incur or assume indebtedness for borrowed money, including capital leases, (2) sell, transfer, mortgage, assign, pledge, lease, grant a security interest in, or encumber any of Borrower's assets (except as allowed as Permitted Liens), or (3) sell with recourse any of Borrower's accounts, except to Lender.








	
2.

	
The subparagraph entitled “Other Defaults” under the main heading “DEFAULT” on page 1 of the Promissory Note is hereby modified to read as follows:












Other Defaults.   Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower, provided, however, that this paragraph shall only apply to any such failure to comply or perform that would materially, adversely affect Borrower’s financial condition or properties.








	
3.

	
The subparagraph entitled “Adverse Change” under the main heading “DEFAULT” on page 1 of the Promissory Note is hereby modified to read as follows:












Adverse Change.   A material adverse change occurs in Borrower’s financial condition.












By execution of this Letter Agreement below, each of the parties hereby agrees to and accepts the modifications to the terms of the above-referenced Business Loan Agreement and the related Promissory Note set forth herein, as of this 20th day of May, 2010.


 


 



	Gateway Bank & Trust	 	American Consumers, Inc.
	 	 	 	 	 
	 By:  	/s/ Shawn Rogers                                                      	 	By:	/s/ Paul R. Cook 
	 	 	 	 	 
	Name:	Shawn Rogers                                                                	 	Name:	Paul R. Cook
	 	 	 	 	 
	Title:  	Sr. Vice President	 	Title:	President
UNITED STATES
SECURITIES AND EXCHANGE COMMISSIONWashington, D.C. 20549



FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934



January 22, 2002Date of Report (Date of earliest event reported)

EXABYTE CORPORATION(Exact name of registrant as specified in its charter)



|Delaware                                       |  | 0-18033                  |  | 84-0988566                       
|---------------------------------------------- |  | ------------------------ |  | ---------------------------------
|(State or other jurisdiction of incorporation) |  | (Commission File Number) |  | (IRS Employer Identification No.)



1685 38th Street
Boulder, Colorado 80301(Address of principal executive offices)

(303) 442-4333Registrant's telephone number, including area code





INFORMATION TO BE INCLUDED IN THE REPORT

Item 5. Other Events

Exabyte is filing its press release, dated January 22, 2002, announcing fourth quarter results and related material information, to shareholders as an Exhibit to this Form 8-K.

Exabyte is also filing its press release, dated January 22, 2002, announcing a restructuring of senior management and the resignation of its Chairman of the Board, Chief Executive Officer and President, to shareholders as an Exhibit to this Form 8-K.



Item 7.	 Financial Statements and Exhibits

|Exhibit | Description                                                                    
|------- | -------------------------------------------------------------------------------
|99.1    | Press Release, dated January 22, 2002, Exabyte Announces Fourth Quarter Results
|99.2    | Press Release, dated January 22, 2002, Exabyte Announces Management Restructure





SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereto duly authorized.



|     |                  |  |    | EXABYTE CORPORATION                        
|---- | ---------------- |  | -- | -------------------------------------------
|     |                  |  |    | (Registrant)                               
|Date | January 22, 2002 |  | By | /s/ Stephen F. Smith                       
|     |                  |  |    | Stephen F. Smith                           
|     |                  |  |    | Vice President, General Counsel & Secretary





INDEX TO EXHIBITS



|Exhibit | Description                                                                    
|------- | -------------------------------------------------------------------------------
|99.1    | Press Release, dated January 22, 2002, Exabyte Announces Fourth Quarter Results
|99.2    | Press Release, dated January 22, 2002, Exabyte Announces Management Restructure
ANSS EXHIBIT 10.4 - FORM OF NON-QUALIFIED OPTION TRANSFER ACKNOWLEDGMENT - 2013.03.31






EXHIBIT 10.4


ANSYS, INC.
Option Transfer Acknowledgment
Reference is hereby made to the non-qualified stock option to purchase ______ shares of the Common Stock, par value $0.01 per share (the “Stock”) of ANSYS, Inc. (the “Company”) (the “Award”) granted to _______________________ (the “Optionee”) on ______________  (the “Option”).  In connection with the proposed transfer of the Option to the undersigned transferee (the “Transferee”), the Transferee makes the following representations to the Company:


1.Identity of Transferee.  The Transferee acknowledges and agrees that the Transferee is a “family member” with respect to the Optionee within the meaning of the Fourth Amended and Restated ANSYS, Inc. 1996 Stock Option and Grant Plan (the “Plan”) and the Form S-8 Registration Statement under the Securities Act of 1933.  Form S-8 defines “family member” to include any child, stepchild, grandchild, parent, stepparent, grandparent, spouse, former spouse, sibling, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law, including adoptive relationships, any person sharing the Optionee's household (other than a tenant or employee), a trust in which these persons have more than fifty percent of the beneficial interest, a foundation in which these persons (or the Optionee) control the management of assets, and any other entity in which these persons (or the Optionee) own more than fifty percent of the voting interests. 
2.Transferee Bound by Terms of Option Agreement and Plan. The Transferee acknowledges that the Option is subject to the terms and conditions of a Non-Qualified Stock Option Agreement between the Company and the Optionee dated as of _______________ (the “Option Agreement”) and the Plan.   The Transferee (or if the Transferee is not an individual, the Transferee's duly authorized representative) acknowledges receipt of a copy of the Option Agreement and the Plan and agrees to comply with and be bound by their terms and any related rules or protocol, as applicable, and agrees not to further transfer the Option without the prior written approval of a duly authorized officer of the Company (other than the Optionee).
3.Transfer for No Consideration.  The Transferee acknowledges that the Option is being transferred to the Transferee for no consideration or value.
4.Insider Trading Policy.  The Transferee (or if the Transferee is not an individual, the Transferee's duly authorized representative) acknowledges receipt of a copy of the Company's Insider Trading Policy & Procedures and agrees to comply with and be bound by the terms and conditions thereof on the same basis as the Optionee.
Executed on the _______ day of __________, 20____.




 TRANSFEREE:
By:     ____________________________
Title:     ____________________________
Date:    ____________________________
<TABLE> <S> <C>


<ARTICLE>    5
<LEGEND>                                                          
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED CONDENSED FINANCIAL STATEMENTS FOR THE CALENDAR YEAR
ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<MULTIPLIER> 1000

       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-START>                  JAN-01-1997
<PERIOD-END>                    DEC-31-1997
<CASH>                                  334
<SECURITIES>                              0
<RECEIVABLES>                        27,255   
<ALLOWANCES>                            514
<INVENTORY>                           3,310
<CURRENT-ASSETS>                     16,017
<PP&E>                               14,230 
<DEPRECIATION>                        4,327
<TOTAL-ASSETS>                       45,843
<CURRENT-LIABILITIES>                12,545
<BONDS>                              15,378     
<COMMON>                                  0
<PREFERRED-MANDATORY>                     0
<PREFERRED>                             139
<OTHER-SE>                           21,132
<TOTAL-LIABILITY-AND-EQUITY>         45,843
<SALES>                              24,449
<TOTAL-REVENUES>                     38,039 
<CGS>                                 7,524
<TOTAL-COSTS>                        52,201     
<OTHER-EXPENSES>                          0
<LOSS-PROVISION>                      1,198
<INTEREST-EXPENSE>                    7,517
<INCOME-PRETAX>                     (14,162)      
<INCOME-TAX>                              0
<INCOME-CONTINUING>                 (14,162)      
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                        (14,162)  
<EPS-PRIMARY>                         (1.02)
<EPS-DILUTED>                          0.00
        


</TABLE>
14341

#### WARR *ET AL.*v. DARLINGTON COUNTY

(186 S. E., 920)

Before Dennis, J., Darlington,

April, 1936.

*256
      *Mr. C. B. Gardner,*for plaintiffs,

*257
      *Messrs. Dargan & Paulling,*for respondent,

July 23, 1936.

The opinion of the Court was delivered by

Mr. Justice Bonham.

Plaintiffs brought their action to recover damages for the destruction of their crop of tobacco by a “mob of disorderly and riotous persons,’’ on the night of. July 10, 1935. They predicate their action upon the provisions of Section 1385 of the Code of 1932. To the complaint the defendant interposed a demurrer, which was sustained by the Circuit Judge, Dennis, and the complaint was dismissed by his order.

From this order plaintiffs appeal.

We are of opinion that the order of Judge Dennis, sustaining the demurrer, correctly disposes of the issues involved. It is accordingly affirmed.

Ret it be reported.

Mr. Chiee Justice Stabeer and Messrs. Justices Baker and FishburnE concur.

Mr. Justice Carter did not participate.
ex10-4.htm



Exhibit 10.4


 



Sales contract of Industrial and Mineral Products


 


                      Contract No.______


Supplier: Taiyuan Hongxing Carbon Black Co., Ltd


 


Buyer:    Qingdao Zhenhua Tyre Co., Ltd


 


Place of signing contract: Qingxu: Taiyuan


 


Date of signing contract: January 2, 2009


 


1. Product name, trade mark, model, quantity, amount of money, delivery time and quantity


 



	
Product Name

	
Model

	
Unit

	
Quantity Required/Monthly

	
Price


(RMB per ton)

	
Amount(RMB)

	
Remarks


	
Carbon Black

	
N220

	
Ton

	
100

	
5000

	  	
1. The price in this agreement is current market price 

2. The quantity is decided by the number actually occurred.




	
Carbon Black

	
N330

	
Ton

	
100

	
4700

	  	
 


	
Carbon Black

	
N660

	
Ton

	
100

	
4700

	  	  
	
Total

	  





 


2. Quality requirements, technical standards, the conditions and duration of which supplier is responsible for: National standard or by buyer’s standard


 


3. The place of delivery and method: buyer’s warehouse, Specific quantity and delivery time are subject to telephone or fax-based communication


 


4. Means of transport, expense for transport and related items: The buyer bear the burden


 


5. Reasonable wear and tear and method of calculation    None


 


6. Packaging standards supply and recycle of packaging materials   None


 


7. Acceptance criteria, methods, and period to hold discussion on goods delivered: Within 7 days after the delivery


 


8. Random spare, number and supply method of accessories    None


 


9. Payment method and period: Within 30 days after the delivery and the invoice being recognized.


 


10. If guaranty is needed, the guaranty agreement is also needed as appendix    None


 


11. Liability for breach of contract: It shall be settled according to the contract law of PRC


 


12. The mechanism of dispute settlement:  It shall be settled through negotiation.


 


13. Other agreed matters:


 


  a. Quality Assurance Documents


 


  b. The price is subject to the market condition, and the quantity is determined by the actual number occurred. It shall inform the buyer at 7 day’s advance if there is a change in above items.


 



	
Supplier:


Company Name (Seal):


Company Address:


Legal Representative:


Entrusted  agent :


Telephone:


Opening  bank:


Bank Account:


Zip Code:

	
Buyer:


Company Name:


Company Address:


Legal Representative:


Entrusted  agent:


Telephone:


Opening  bank:


Bank Account:


Zip Code:







 Valid period: From February 1, 2009 to December 31, 2009
**Exhibit      32.1**

**CERTIFICATE      PURSUANT TO 18 U.S.C. SECTION 1350, SECTION 906 OF THE SARBANES-OXLEY ACT OF      2002**

|   | 1. | The                quarterly report on Form 10-QSB for the quarter ended September 30,                2007                (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 Debt Resolve, Inc. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   |   |                                                                                    |
|--------|--------|--------|-----------------------------------------------------------------------------------------|
|        |   |   | /s/ James              D.              Burchetta                                   |
|        |   |   | James                D. BurchettaCo-Chairman                and Chief Executive Officer |
|        |   |   |                                                                                         |

|   |   |   |                                                                               |
|--------|--------|--------|------------------------------------------------------------------------------------|
|        |   |   | /s/ David              M. Rainey                                              |
|        |   |   | David                M. RaineyChief                Financial Officer and Treasurer |
|        |   |   |                                                                                    |

----

----
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3718 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3718

To amend the Internal Revenue Code of 1986 to make residents of Puerto 
   Rico eligible for the refundable portion of the child tax credit.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2009

 Mr. Towns (for himself, Mr. Pierluisi, Mr. Mica, Mr. Young of Alaska, 
 Mr. Serrano, Ms. Ros-Lehtinen, Mr. Mario Diaz-Balart of Florida, Mr. 
   Pascrell, Ms. Wasserman Schultz, and Mr. Crowley) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to make residents of Puerto 
   Rico eligible for the refundable portion of the child tax credit.

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

SECTION 1. REFUNDABLE CHILD TAX CREDIT ALLOWABLE TO RESIDENTS OF PUERTO 
              RICO WITH LESS THAN 3 CHILDREN.

    (a) In General.--Paragraph (1) of section 24(d) of the Internal 
Revenue Code of 1986 (relating to portion of credit refundable) is 
amended by inserting at the end the following new sentence: ``For 
purposes of this paragraph, taxable income shall be computed without 
regard to section 933.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to taxable years beginning after December 31, 2008.
    (c) Applicability.--
            (1) In general.--Any credit allowable by reason of the 
        amendment made by subsection (a) shall not exceed the 
        applicable percentage of the amount of credit which would 
        otherwise be allowable under section 24(d)(1) of the Internal 
        Revenue Code of 1986 (without regard to this subsection).
            (2) Applicable percentage.--The applicable percentage shall 
        be determined as follows:

In the case of any taxable                               The applicable
  year beginning in:                                     percentage is:
        2009...................................................     20 
        2010...................................................     40 
        2011...................................................     60 
        2012...................................................     80 
        2013 and thereafter....................................    100.
                                 <all>
```
I 

111TH CONGRESS 

1ST SESSION H. R. 3729 

To amend section 31 of the Small Business Act with respect to awarding 

contract opportunities to qualified HUBZone small business concerns, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 6, 2009 

Mr. HERGER introduced the following bill; which was referred to the 

Committee on Small Business 

A BILL 

To amend section 31 of the Small Business Act with respect 

to awarding contract opportunities to qualified HUBZone 

small business concerns, and for other purposes. 

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

3 SECTION 1. AWARDING CONTRACT OPPORTUNITIES. 

4 Section 31(b)(2)(B) of the Small Business Act (15 

5 U.S.C. 657a(b)(2)(B)) is amended by striking ‘‘shall’’ and 

6 inserting ‘‘may’’. 

Æ 


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NO. 80-21 INTHE SUPREME COURT OF THE STATE OF MONTANA 1980 THE STATE OF MONTANA, Plaintiff and Appellant, CRAIG JOHN DARKO, Defendant and Respondent. Appeal from: 

### DistrictCourt of the Eighth.Judicia1

### District, In and for the County of Cascade. Honorable 

### Joel G. Roth, Judge presiding. Counsel of Record: For Appellant: Hon. Mike Greely, Attorney General, Helena, Montana J. Fred Bourdeau, County Attorney, 

### Great Falls, Montana For Respondent: Asselstine, Strause & Anderson, Great Falls, Montana

-- - Submitted on briefs: May 29, 1980 Decided: 

## JUN 20 

# 1984 Filed:

# if(fF\r 2$7f

## 989;

.

### -

### Mr. 

### Justice Gene B. 

### Daly delivered the Opinion of the Court. The District Court's order suppressing the evidence on thebasis of State

### v. Jetty (1978), 176 Mont. 519, 579 

### P.2d 1228, 35 St.Rep. 739, 

### is affirmed.

We concur: Chief Justice