alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.6

EMPLOYMENT AGREEMENT

This AGREEMENT is made and entered into as of the 12th day of June, 2003, by and between FIRST HORIZON PHARMACEUTICAL CORPORATION, a Delaware corporation (the
"Company") and DARRELL BORNE ("Executive").

WITNESSETH:

WHEREAS, the Company desires to employ the Executive, and the Executive desires to accept such employment, upon the terms and conditions hereinafter set forth;

NOW,
THEREFORE, in consideration of Executive's employment or continued employment, the covenants and mutual agreements set forth herein and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows:



---



---



---



---



---



---



IN
WITNESS WHEREOF, the parties hereto have executed this Employment Agreement as of the day and year first above written.

| |  | EXECUTIVE:                              
| |  | ----------------------------------------
| |  | /s/DARRELL BORNE                        
| |  | Name:                                   
| |  | FIRST HORIZON PHARMACEUTICAL CORPORATION
| |  | By:                                     
| |  | Its:                                    

---

QuickLinks
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<PAGE>

                Exhibit 27.2 - Restated Financial Data Schedule


<ARTICLE>   5
<PERIOD-TYPE>            12-MOS
<FISCAL-YEAR-END>                  DEC-31-1995
<PERIOD-END>                       DEC-31-1995
<CASH>                               3,536,354
<SECURITIES>                                 0
<RECEIVABLES>                          543,871
<ALLOWANCES>                           133,730
<INVENTORY>                                  0
<CURRENT-ASSETS>                     5,795,270
<PP&E>                               7,303,234
<ACCUMULATED-DEPRECIATION>             981,466
<TOTAL-ASSETS>                      12,995,487
<CURRENT-LIABILITIES>                7,442,707
<BONDS>                             18,871,341
<PREFERRED>                                  0
<COMMON>                               123,951
<OTHER-SE>                         (13,194,610)
<TOTAL-LIABILITY-AND-EQUITY>        12,995,487
<SALES>                                      0
<TOTAL-REVENUES>                     1,195,593
<CGS>                                        O
<TOTAL-COSTS>                          602,995
<OTHER-EXPENSES>                     9,711,770
<LOSS-PROVISION>                       202,108
<AMORTIZATION-DEBT>                    189,507
<INCOME-PRETAX-OTHER>              (9,119,172)
<INCOME-TAX>                                 0
<INCOME-CONTINUING>                (11,303,174)
<DISCONTINUED>                               0
<EXTRAORDINARY>                              0
<CHANGES>                                    0
<NET-INCOME>                       (11,303,174)
<EPS-PRIMARY>                            (0.91)
<EPS-DILUTED>                             0.00






</TABLE>
EXHIBIT 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Velocity Express Corporation (the Company) on Form 10-K for the
period ended July 1, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Edward W. Stone, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Edward W. StoneEdward W. StoneChief Financial OfficerOctober 13, 2006
***For the SIP Call proposal, we could add this biomass CFI text on p. 51,

under "Definition and Calculation of Amount of GHGs."

We note that in this rulemaking, we are not addressing the issue of

accounting for emissions of GHGs from bioenergy and other

biogenic sources (which are generated during the combustion or

decomposition of biologically based material such as forest or

agriculture products). When we finalized the Tailoring Rule, we

noted that EPA planned to seek comment on how to address emissions of

biogenic CO2 under the PSD and title V programs through future action, such as a separate

Advance Notice of Proposed Rulemaking (ANPR) (75 FR at 31591). Accordingly As a first step

,

we recently issued a Call for Information (CFI) to solicit public comment and data

on technical issues that might be used to consider biomass fuels and the emissions resulting

from their combustion differently with regard to applicability under PSD and with regard to

the BACT review process under PSD. See “Call for

Information: Information on Greenhouse Gas Emissions Associated with

Bioenergy and Other Biogenic Sources,” 75 FR 41173 (July 15, 2010).

Additional information on this CFI is available at

http://www.epa.gov/climatechange/emissions/biogenic_emissions.html

. In the CFI we stated:

"In response to this Call for Information,

interested parties are invited to assist EPA in the following way:

(1) Surveying and assessing the science by submitting research

studies or other relevant information, and

(2) evaluating different accounting approaches and options by providing policy

analyses,proposed or published methodologies, or other relevant information.

Interested parties are also invited to submit data or other relevant

information about the current and projected scope of GHG emissions

from bioenergy and other biogenic sources." 75 FR 41174

Without prejudging the outcome of the CFI process, EPA anticipates that the comments we

receive in response to the CFI, with regard to applicability under PSD and with regard to

the BACT review process under PSD, will inform any subsequent actions, as appropriate

, to

address applicability of emissions of GHGs from bioenergy and other biogenic sources under

the PSD program.

NOTE: EPA proposes to use the same language in both the SIP call and FIP proposals
111TH CONGRESS 

2D SESSION H. R. 4395 

AN ACT 

To revise the boundaries of the Gettysburg National Military 

Park to include the Gettysburg Train Station, 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, 
2 

•HR 4395 EH

1 SECTION 1. GETTYSBURG NATIONAL MILITARY PARK 

2 BOUNDARY REVISION. 

3 Section 1 of the Act titled ‘‘An Act to revise the 

4 boundary of the Gettysburg National Military Park in the 

5 Commonwealth of Pennsylvania, and for other purposes’’, 

6 approved August 17, 1990 (16 U.S.C. 430g–4), is amend7 ed by adding at the end the following: 

8 ‘‘(d) ADDITIONAL LAND.—In addition to the land 

9 identified in subsections (a) and (b), the park shall also 

10 include the following, as depicted on the map titled ‘Get11 tysburg National Military Park Proposed Boundary Addi12 tion’, numbered 305/80,045 and dated January 2010: 

13 ‘‘(1) The land and interests in land commonly 

14 known as the ‘Gettysburg Train Station’ and its im15 mediate surroundings in the Borough of Gettysburg. 

16 ‘‘(2) The land and interests in land located 

17 along Plum Run in Cumberland Township.’’. 

18 SEC. 2. ACQUISITION AND DISPOSAL OF LAND. 

19 Section 2 of that Act (16 U.S.C. 430g–5) is amended 

20 by adding at the end of subsection (a) the following: ‘‘The 

21 Secretary is also authorized to acquire publicly owned 

22 property within the area defined in section 1(d)(1) by pur23 chase, from willing sellers only, if efforts to acquire that 

24 property without cost have been exhausted. The Secretary 
3 

•HR 4395 EH

1 may not acquire property within the area defined in sec2 tion 1(d) by eminent domain.’’. 

Passed the House of Representatives March 19, 

2010. 

Attest: 

Clerk. 
111TH CONGRESS 

2D SESSION H. R. 4395 

AN ACT 

To revise the boundaries of the Gettysburg NaTrain Station, and for other purposes. tional Military Park to include the Gettysburg
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

UNITED STATES OF AMERICA ? CASE NO. 3:17CR161
v. : JUDGE WALTER H. RICE
JON CHRISTOPHER BIRT, et. al. 3 ORDER UNSEALING

INDICTMENT (R.17) FORWARD

Upon motion of the United States, and for the reason that the above captioned defendant
is in custody, the Indictment (R.17) forward in the above captioned case is hereby ordered

unsealed.

DATE: l[@ -5-( 7 (AC

JUDGE WALTER H. RICE
UNITED STATES DISTRICT COURT
Exhibit 32.1

Certification pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2001.

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


In connection with the Quarterly Report of OSK CAPITAL II CORP.(the "Company")
on Form 10-QSB for the quarter ended September 30, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Angela
Buffa, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2001,
that:

The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and

The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Dated:  November 18, 2005

                                    /s/ Angela Buffa
                                    ----------------
                                    Angela Buffa,
                                    Chief Executive Officer
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,
vs. Case No. 3:17crl61 & 3:17cerl62
JON CHRISTOPHER BIRT, JUDGE WALTER H. RICE
Defendant.

DECISION AND ENTRY OVERRULING DEFENDANT’S MOTION FOR
BOND REVIEW/MOTION FOR RELIEF FROM DETENTION ORDER (DOC.
#45 IN CASE NO. 3:17CR161 AND DOC. #73 IN CASE NO. 3:17CR162);
REASONING SET FORTH

Having reviewed the initial report from the Pretrial Services Office, the transcript of the
detention hearing before United States Magistrate Judge Michael J. Newman (held on October 6,
2017) (Doc. #44 in Case No. 3:17cr161), and the Defendant’s Motion for Bond Review/Relief
from Detention Order (Doc. #45 in Case No. 3:17crl61 and Doc. #73 in Case No. 3:17crl62)
and Government’s Memorandum in Opposition thereto (Doc. #46 in Case No. 3:17cr161 and
Doc. #78 in Case No. 3:17cr162), this Court concludes that the Defendant has not rebutted the
presumption of detainability set forth in 18 U.S.C. §3142(e) and (f)(1). In addition, this Court
concludes that there exists no condition or combination of conditions such as to guarantee the
appearance of the Defendant as required and/or the safety of any other person or the community.

In ruling as aforesaid, this Court sets forth the following reasons: two prior felonies, one
involving the offense and conviction of rape, for which he served 25 years in prison and for

which he has been classified as a Tier III offender with no expiration date; significant substance


abuse history; the commission of the alleged offenses, within two years of release from a 25 year
prison sentence, involving both fentanyl and methamphetamine, as well as heroin and two grams
of suspected crack cocaine, along with $6,000; laboratory results confirming the recovered
substances testing positive for methamphetamine, heroin/acetyl fentanyl, and crack cocaine: one
controlled buy; the execution of five federal search warrants at Defendant’s residence, which
recovered fentanyl and methamphetamine, along with five firearms (which he was prohibited to
possess due to this status), along with 4.13 grams of fentanyl, 37.26 grams of methamphetamine
and 1,198 tablets resulting in a net weight of 85 grams of fentanyl; his statements to law
enforcement officers, the details of which are set forth on page 3 of the Affidavit attached to the
criminal Complaint; one of the above two Indictments involves an alleged conspiracy to
distribute drugs inside the Chillicothe Correctional Institution in Chillicothe, Ohio; and the home
to which he purports to return is the very same one in which the above-referenced search warrant
was executed.

The Court certainly understands the situation involving the Defendant’s half-brother, and
that this sibling needs to have the care rendered by the Defendant herein. However, without
intending in any way, shape or form to seem callous, the care of his half-brother allegedly did
not prevent the Defendant from involving himself in the alleged offenses for which a duly

impaneled Grand Jury has found probable cause.

i

February 21, 2018 WALTER H. RICE
UNITED STATES DISTRICT JUDGE



Copies to:

Counsel of record
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF PETRACOM HOLDINGS, INC. FOR THE YEAR ENDED DECEMBER 31,
1997 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-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           1,164
<SECURITIES>                                         0
<RECEIVABLES>                                    6,345
<ALLOWANCES>                                       605
<INVENTORY>                                          0
<CURRENT-ASSETS>                                10,967
<PP&E>                                          18,299
<DEPRECIATION>                                   6,847
<TOTAL-ASSETS>                                  79,480
<CURRENT-LIABILITIES>                            9,415
<BONDS>                                        100,920
<PREFERRED-MANDATORY>                            2,379
<PREFERRED>                                          0
<COMMON>                                             3
<OTHER-SE>                                     (39,199)
<TOTAL-LIABILITY-AND-EQUITY>                    79,480
<SALES>                                         30,889
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   28,960
<OTHER-EXPENSES>                                   155
<LOSS-PROVISION>                                   388
<INTEREST-EXPENSE>                              14,566
<INCOME-PRETAX>                                (12,792)
<INCOME-TAX>                                       161
<INCOME-CONTINUING>                            (12,953)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (12,953)
<EPS-PRIMARY>                                      (54)
<EPS-DILUTED>                                      (54)
        

</TABLE>
|EXHIBIT 10.24


Amendment to
1997 Long Term Incentive Plan


Sections
6(f)(iv)(A) and (B) of the IMPATH Inc. 1997 Long Term Incentive Plan are hereby
amended to read as follows:
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | (A)
Except as may be provided by the specific terms of an Award or an amendment of an Award,
no Award (other than Released Securities), and no right under any such Award, may be
assigned, alienated, pledged, attached, sold or otherwise transferred or encumbered by a
Participant otherwise than by will or by the laws of descent and distribution (or, in the
case of Restricted Securities, to the Company) and any such purported assignment,
alienation, pledge, attachment, sale or other transfer or encumbrance shall be void and
unenforceable against the Company or any Affiliate.
| | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | (B)
Except as may be provided by the specific terms of an Award or an amendment of an Award,
each Award, and each right under any Award, shall be exercisable during the Participants
lifetime only by the Participant or, if permissible under applicable law, by the
Participants guardian or legal representative.
| | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

vs. Case No.: 2:17-cr-238

JUDGE GEORGE C. SMITH

JENNIFER MCDONALD,

Defendant.

O R D E R

This matter is before the Court on Defendant’s Motion for Return of Passport (Doc. 34). 

Defendant was sentenced to two years probation on March 14, 2018. The Probation Officer and the

AUSA do not object to the release of Defendant’s passport now that her pending state case has been

resolved. 

Therefore, the Court hereby ORDERS the Clerk of the United States District Court to

release the Defendant’s passport to her pursuant to her request.

IT IS SO ORDERED.

/s/George C. Smith 

GEORGE C. SMITH, JUDGE

UNITED STATES DISTRICT COURT
<PAGE>   1


                                                                    Exhibit 23.1




                       CONSENT OF INDEPENDENT ACCOUNTANTS



We consent to the incorporation by reference in the registration statements of
Tollgrade Communications, Inc. and Subsidiaries on Form S-8 (Registration No.
333-4290 and Registration No. 333-52907) of our report dated January 25, 1999,
on our audits of the consolidated financial statements and financial statement
schedule of Tollgrade Communications Inc. and subsidiaries as of December 31,
1998 and 1997, and for each of the three years in the period ended December 31,
1998, which report is incorporated by reference or included in this Form 10-K.



                                              /s/ PRICEWATERHOUSECOOPERS LLP


Pittsburgh, Pennsylvania
March 25, 1999
<PAGE>

EXHIBIT 3.2

                            CERTIFICATE OF AMENDMENT

                                     of the

                      RESTATED CERTIFICATE OF INCORPORATION

                                       of

                            ORCHID BIOSCIENCES, INC.

         It is hereby certified that:

FIRST:      The name of the corporation is Orchid BioSciences, Inc. (the
            "Corporation").


SECOND:     The Restated Certificate of Incorporation of the Corporation is
            hereby amended by striking out the first paragraph of Article Fourth
            in its entirety and by substituting in lieu of the following:

                    "FOURTH:

                    A.    Designation and Number of Shares.

                        The total number of shares of all classes of capital
                    stock which the Corporation shall have authority to issue is
                    105,000,000 shares, consisting of 100,000,000 shares of
                    Common Stock, $.001 par value per share (the "Common Stock")
                    and 5,000,000 shares of Preferred Stock, $.001 par value per
                    share (the "Preferred Stock")."

THIRD:      The amendment of the Certificate of Incorporation herein certified
            has been duly adopted in accordance with the provisions of Section
            228 and Section 242 of the General Corporation Law of the State of
            Delaware.

      EXECUTED, effective as of this 12 day of June, 2001.

                                      ORCHID BIOSCIENCES, INC.



                                      By: /s/ Donald R. Marvin
                                          ---------------------------------
                                          Donald R. Marvin
                                          Senior Vice President, Chief Operating
                                          Officer & Chief Financial Officer
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

File Name: 11a0291n.06

Nos. 08-3942, 08-3987, 09-3205

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

RICHARD B. WHITE;

MICHAEL A. SUHADOLNIK,

Defendants-Appellants.

)

)

)

)

)

)

)

)

)

)

ON APPEAL FROM THE

UNITED STATES DISTRICT

C O U R T F O R T H E

NORTHERN DISTRICT OF

OHIO

O P I N I O N

BEFORE: NORRIS, COLE, and KETHLEDGE, Circuit Judges.

PER CURIAM. Defendants Richard B. White and Michael A. Suhadolnik appeal from the

denial of their motion for a new trial or, alternatively, for an evidentiary hearing. In 2003, defendants

and three other individuals were charged in a fourteen-count indictment with crimes related to

Medicare fraud. White was found guilty on all counts; Suhadolnik was convicted of a single wire

fraud count. This court affirmed those convictions on direct appeal. United States v. White, 492

F.3d 380 (6th Cir. 2007). Although we affirmed the convictions, we vacated an order of the district

court denying defendants’ motion for a new trial and remanded the matter to enable the trial court

to conduct an evidentiary hearing to determine whether the government withheld material evidence

favorable to defendants. On remand, the district court conducted a hearing but denied relief.
Nos. 08-3942, 08-3987, 09-3205

United States v. White

Our previous opinion contained an extensive discussion of the events that triggered the

underlying prosecution, the evidence produced at trial, and our reasons for affirming the verdicts. 

By contrast, this appeal is much narrowerin scope and presents a single question: Did the documents

uncovered by defendants after remand, coupled with the testimony presented during the evidentiary

hearing, entitle defendants to a new trial? Having had the benefit of extensive briefing and oral

argument, the panel concludes, as did the district court, that the new evidence does not call the

validity of the verdicts into question. We have independently assessed that evidence and now affirm

the judgment of the district court based upon the reasoning set forth in its opinion filed on July 16,

2008. 

The judgment of the district court is affirmed.

- 2 -