alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment No. 1 to Warrant to Purchase Stock Agreement, dated February 19, 2009



 Exhibit 4.18 
 AMENDMENT NO. 1 TO WARRANT 
 TO 
 PURCHASE COMMON STOCK 
 THIS AMENDMENT NO. 1 TO WARRANT TO PURCHASE COMMON STOCK (this “Amendment”) is entered into as of the 19th day of February
2009, by and between ARCA biopharma, Inc., a Delaware corporation (f/k/a Nuvelo, Inc.) and Skyline Venture Partners Qualified Purchaser Fund IV, L.P. 
 Recitals 
 A. The Holder was previously issued a Warrant to Purchase Common Stock dated as of October 10,
2008 (the “Warrant”). Capitalized terms used in this Amendment, but not otherwise defined in this Amendment, shall have the meanings assigned to them in the Warrant. 
 B. The Holder and ARCA biopharma, Inc., a Delaware corporation (f/k/a Nuvelo, Inc.) desire to amend the Warrant to reflect the closing of the Merger and the exchange of the common stock of the Corporation (as defined
below) for the common stock of ARCA biopharma Colorado, Inc., a Delaware corporation (f/k/a ARCA biopharma, Inc.) in connection with such closing. 
 Amendments 
 1. The definition of the term “Exercise Price” in Section 1(b) of the Warrant shall be deleted in its
entirety and replaced with the following: 
 “(b) “Exercise Price” shall mean $9.7406, subject to adjustment
pursuant to the terms of the Warrant, including Section 5 of the Warrant.” 
 2. The definition of the term “Exercise Shares” in
Section 1(c) of the Warrant shall be deleted in its entirety and replaced with the following: 
 “(c) “Exercise
Shares” shall mean 37,486 shares of common stock of the Corporation (the “Common Stock”) issuable upon the exercise of the Warrant, subject to adjustment pursuant to the terms of the Warrant, including Section 5 of the
Warrant.” 
 3. The following defined term shall be added to Section 1 of the Warrant: 
 “(e) “Corporation” shall mean ARCA biopharma, Inc. a Delaware corporation (f/k/a Nuvelo, Inc.).” 
 4. Except for revisions expressly set forth in this Amendment, the parties hereby ratify and confirm the terms of the Warrant in their entirety. 







 IN WITNESS WHEREOF, the undersigned have executed this Amendment to be effective as of the date first set
forth above. 
  

									
	Corporation:	 		 	Holder:
			
	ARCA BIOPHARMA, INC.	 		 	Skyline Venture Partners Qualified
Purchaser Fund IV, L.P.
					
		 		 		 	By:	 	Skyline Venture Management IV, LLC
		 		 		 	Its General Partner
					
	By:	 	/s/ Christopher D. Ozeroff	 		 	By:	 	/s/ John G. Freund
		 	 Christopher D. Ozeroff, Executive Vice
 of Business
Development and General Counsel
	 		 	John G Freund, Managing Director
#### Allstate Insurance Company v Health Alliance Plan,

No. 89840.

*Summary Disposition September 10, 1991:*

In lieu of granting leave to appeal, the case is remanded to the Court of Appeals for reconsideration in light of *John Hancock Property & Casualty Ins Cos v Blue Cross & Blue Shield of Michigan,*437 Mich 368 (1991). MCR 7.302(F)(1). Court of Appeals No. 114200.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00593-CV

Isela Moreno and Latief Bowser, Appellants

v.

Texas Department of Family and Protective Services, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT

NO. D-1-FM-11-000731, HONORABLE DARLENE BYRNE, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Isela Moreno and Latief Bowser filed this accelerated appeal from the district court’s

decree terminating her parental rights to their minor children, N.M., J.B., and G.B., and appointing

the Texas Department of Family and Protective Services as the children’s permanent managing

conservator. The trial court appointed an attorney for each appellant. 1

Each appellant has a court-appointed attorney who filed a brief concluding that

his client’s appeal is frivolous and without merit. The briefs meet the requirements of Anders

v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record and

demonstrating why there are no arguable grounds to be advanced on appeal. See 386 U.S. at 744;

see also Taylor v. Texas Dep’t of Prot. & Regulatory Servs., 160 S.W.3d 641, 646–47

The order also terminated the parental relationship between Isela Moreno’s husband, 1

Thomas Moreno, and the children based on his Affidavit of Relinquishment of Parental Rights.

Thomas Moreno did not appeal the decree terminating his rights.
(Tex. App.—Austin 2005, pet. denied) (applying Anders procedure in appeal from termination of

parental rights). The attorneys each certified to this Court that they provided their clients with a copy

of the Anders brief and notice of their right to examine the appellate record and file a pro se brief.2

Neither appellant filed a pro se brief.

We have reviewed the record and counsels’ briefs and agree that the appellants’

appeals are frivolous and without merit. Finding nothing in the record that might arguably support

an appeal, we grant both counsels’ motions to withdraw and affirm the order of termination.

 

Jeff Rose, Justice

Before Chief Justice Jones, Justices Rose and Goodwin

Affirmed

Filed: February 28, 2013

The attorney for Isela Moreno filed his brief on May 8, 2012. A few days later, he filed a

2

suggestion of death indicating that Moreno died on May 7, 2012. We nevertheless have reviewed

the merits of her appeal as presented in her counsel’s brief and the record.

2
IIA 

Calendar No. 12 

117TH CONGRESS 

1ST SESSION H. J. RES. 17 

IN THE SENATE OF THE UNITED STATES 

MARCH 18, 2021 

Received 

MARCH 22, 2021 

Read the first time 

MARCH 23, 2021 

Read the second time and placed on the calendar 

JOINT RESOLUTION 

Removing the deadline for the ratification of the equal rights 

amendment. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That notwithstanding any time limit contained in House 

4 Joint Resolution 208, 92d Congress, as agreed to in the 

5 Senate on March 22, 1972, the article of amendment pro6 posed to the States in that joint resolution shall be valid 

7 to all intents and purposes as part of the United States 


pamtmann on DSKBC07HB2PROD with BILLS
2 

HJ 17 PCS 

1 Constitution whenever ratified by the legislatures of three2 fourths of the several States. 

Passed the House of Representatives March 17, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 12 

117TH CONGRESS 

1ST SESSION H. J. RES. 17 

JOINT RESOLUTION 

Removing the deadline for the ratification of the 

equal rights amendment. 

MARCH 23, 2021 

Read the second time and placed on the calendar 


pamtmann on DSKBC07HB2PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS FINANCIAL INFORMATION EXTRACTED FROM THE QUARTERLY
FINANCIAL STATEMENTS FOR THE QUARTER ENDED APRIL 19, 1998 (AS ADJUSTED) AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>

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<FISCAL-YEAR-END>                          DEC-27-1998
<PERIOD-END>                               APR-19-1998
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<ALLOWANCES>                                   216,785
<INVENTORY>                                          0
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<CURRENT-LIABILITIES>                       18,114,162
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<PREFERRED-MANDATORY>                                0
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<SALES>                                     22,615,511
<TOTAL-REVENUES>                            23,613,856
<CGS>                                                0
<TOTAL-COSTS>                               21,465,293
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           3,507,771
<INCOME-PRETAX>                                211,737
<INCOME-TAX>                                    81,000
<INCOME-CONTINUING>                            130,737
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   130,737
<EPS-BASIC>                                     0.02
<EPS-DILUTED>                                     0.02


</TABLE>
<PAGE>

                                  EXHIBIT 10.40



October 11, 2001




Jim Gilbertson
3709 Dunbar Knoll
Brooklyn Park, MN 55443

Re: Disney Consulting Agreement

Dear Jim:

I am writing this letter to memorialize our understanding of the terms and
conditions under which you agree tol continue to provide consulting services
regarding the pending ABC/Disney litigation. You have agreed to provide these
consulting services until such time as final judgment is rendered in this
matter.

In consideration of your execution of and comporting with this letter agreement
and the confidentiality agreement attached you shall receive the following
compensation:

         The right to purchase 93,192 shares of iNTELEFILM common stock at the
         fair market value of $1.00. This option shall vest immediately and
         shall expire on the third anniversary of the grant date (August 9,
         2004).

         By authority of the Board of Directors resolution dated December 3,
         1998, you shall be entitled to receive 15% of the judgment pool which
         consists of 10% of the realized final judgment after payment of
         attorney fees and taxes if any, after such judgment can not be appealed
         in any court of law. Your entitlement to such 15% is not subject to
         board or Chief Executive Officer discretion.

         Reimbursement for pre-approved, required business travel expenses
         related to the ABC/Disney matter.

         You shall not be entitled to any other form of compensation related to
         this matter.



<PAGE>




Jim, if you are in agreement that the foregoing is an accurate representation of
the terms under which you agree to provide consulting services, please indicate
your agreement by signing below and executing the attached agreement and then
returning both to my attention. If you have any questions, please do not
hesitate to contact me.

Sincerely,                                   Accepted By:

/s/ Judite Fluger                            /s/ James Gilbertson
--------------------------------             -----------------------------------
Judite Fluger                                Jim Gilbertson
General Counsel
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Marc h 30 , 201 0 Dea rMr . Denni s DeVany ; Th e Delt a CountyAirpor t Board me t i n a Specia l Meetin g Marc h 31 , 2010 . I t wa s agree d unanimousl yt o suppor t Delt a Airline' s propose d schedul e change . Th e extr a fligh t t o DT W wil l addres s th e frequenc y issu e th e communit ycurrentl yfaces . W e appreciat e th e effor t Delt a Airline s ha s made . Sincerely , 

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1

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<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
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<OTHER-SE>                                      26,685
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<TOTAL-REVENUES>                                 4,971
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<TOTAL-COSTS>                                    3,201
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  2,158
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<INCOME-CONTINUING>                              2,158
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<CHANGES>                                            0
<NET-INCOME>                                     2,158
<EPS-PRIMARY>                                      .15
<EPS-DILUTED>                                      .14
        

</TABLE>
Exhibit 32.1

Certification

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 Apria Healthcare Group Inc. (the
Company) on Form 10-Q for the quarter ended March 31, 2011 as filed with the Securities and Exchange Commission on May 9, 2011 (the Report), I, Norman C. Payson, M.D., Executive Chairman of the Board of
Directors and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



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



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



|                                                                        
|------------------------------------------------------------------------
|Date: May 9, 2011                                                       
|                                                                        
|/s/ NORMAN C. PAYSON, M.D.                                              
|Norman C. Payson, M.D.                                                  
|Executive Chairman of the Board of Directors and
Chief Executive Officer
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA F OURTH D ISTRICT

KENNETH N. WOLINER, M.D. , Appellant,

v.

STATE OF FLORIDA DEPARTMENT OF HEALTH and LOUISE R. WILHITE

- ST. LAURENT, Appellee s

.

No. 4D 20

- 629

[April 7, 2021]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Janis Brustares Keyser , Judge; L.T. Case No. 50

- 2017

- CA

013398

- XXXX

- MB

.
Kenneth N. Woliner, M.D., Boca Raton, pro se.

Sarah Young Hodges , Chief Appellate Counsel, Florid a Department of Health , Tallahassee , for appellee s

.

D AMOORGIAN , J.

Kenneth N. Woliner, M.D.
, the prevailing party below, appeals the final judgment and several interlocutory orders entered in his violation of public records action against the State of Florida Department of Health and Louise R. Wil hite

- St. Laurent

. Finding merit in the argument that the trial court erred in denying Appellant’s motion for costs based on his failure to comply with the notice requirement of section 284.3 0 , Florida Statutes
, we reverse and remand for the court to award Appellant his costs

. See § 284.30, Fla. Stat. (2017) (“ A party to a suit in any court, to be entitled to have his or her attorney’s fees paid by the state or any of its agencies, must serve a copy of the pleading claiming the fees on the Department of Financial Services . . . .” (emphasis added)); Johnson v. Jarvis , 107 So. 3d 42 8, 429

– 30 (Fla. 1st DCA 2012) (holding , albeit in the context of appellate costs, that the prevailing party’s failure to comply with the notice requirement of section 284.30 did not preclude the prevailing party from recovering costs, reasoning that “[c]osts and attorney’s fees are not one and the same”)

. We affirm on all other issues raised on appeal without further comment.2 Affirmed in part, reversed in part, and remanded

.

W ARNER and M AY , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                           0000881757
<NAME>                          Enex Oil & Gas Income Program V - Series 4, L.P.
       
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</TABLE>
IA 

117TH CONGRESS 

2D SESSION H. J. RES. 74 

Proposing an amendment to the Constitution of the United States prohibiting 

the United States Government from increasing its debt except for a 

specific purpose by law adopted by three-fourths of the membership 

of each House of Congress. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2022 

Mr. MCCLINTOCK (for himself, Mr. WEBER of Texas, Mr. PALAZZO, Mr. C. 

SCOTT FRANKLIN of Florida, Mr. HICE of Georgia, Mr. NORMAN, Mr. 

DUNCAN, and Mr. ELLZEY) submitted the following joint resolution; 

which was referred to the Committee on the Judiciary 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the United 

States prohibiting the United States Government from 

increasing its debt except for a specific purpose by law 

adopted by three-fourths of the membership of each 

House of Congress. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all 

6 intents and purposes as part of the Constitution when 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HJ 74 IH 

1 ratified by the legislatures of three-fourths of the several 

2 States within seven years after the date of its submission 

3 for ratification: 

4 ‘‘ARTICLE— 

5 ‘‘SECTION 1. The United States Government may not 

6 increase its debt except for a specific purpose by law 

7 adopted by three-fourths of the membership of each House 

8 of Congress. 

9 ‘‘SECTION 2. This article shall take effect beginning 

10 ten years after its ratification.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS