alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Notice of Extension of the Maturity Date of Above Referenced Loan and Security



 Exhibit 10.18 
  

					
		 		  	


		 	  

		 		  	
		 	Comerica Bank	  	MC 4120
		 		  	226 Airport Parkway, Suite 100
		 		  	San Jose, CA 95110

 February 11, 2009 
 Timothy Stultz, Ph.D. 
 President and CEO 
 Bruce
Crawford 
 Chief Operating Officer 
 Nanometrics Incorporated

 1550 Buckeye Drive 
 Milpitas, CA 95035 
  

			
	RE:	  	Nanometrics Incorporated (“Borrower”)
		  	Obligor Number 87 18034090

 Dear Gentleman: 
 Comerica Bank (the “Bank”) has approved the extension of the maturity date of the above referenced credit facility as evidenced by that certain note/agreement, dated February 14, 2007 (as such may be amended, restated,
modified, supplemented or revised from time to time, the “Agreement”) from February 14, 2009 to May 16, 2009. Upon your execution of a counterpart of this letter, the maturity date shall be so amended. 
 The Agreement, as modified and amended hereby, shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed
in all respects. Except as expressly set forth herein, the execution, delivery, and performance of this modification and amendment shall not operate as a waiver of, or as an amendment of, any right, power, or remedy of Bank under the Agreement, as
in effect prior to the date hereof. Borrower ratifies and reaffirms the continuing effectiveness of all promissory notes, guaranties, security agreements, mortgages, deeds of trust, environmental agreements, and all other instruments, documents and
agreements entered into in connection with the Agreement. 
 By execution of a counterpart of this letter, Borrower further represents and warrants that the
representations and warranties contained in the Agreement are true and correct as of the date hereof, and that no event of default has occurred and is continuing under the Agreement or any other document, instrument or agreement entered into in
connection therewith. 
  

			
	Sincerely,
	Comerica Bank
		
	By:	 	 /S/ STEPHANIE KARIC

		 	Stephanie Karic
		 	Vice President
	
	Acknowledged and accepted on 2-18-09:
	
	Nanometrics Incorporated
		
	By:	 	 /S/ TIMOTHY J. STULTZ

	Name	 	 Timothy J. Stultz

	Title	 	 President and CEO
Fourth Court of Appeals

San Antonio, Texas

November 20, 2019

No. 04-18-00616-CR

Romeo ADAMS,

Appellant

v.

The STATE of Texas,

Appellee

From the 186th Judicial District Court, Bexar County, Texas

Trial Court No. 2017CR9532

Honorable Jefferson Moore, Judge Presiding

ORDER

Sitting: Sandee Bryan Marion, Chief Justice 

Rebeca C. Martinez, Justice 

Luz Elena D. Chapa, Justice

Appellant’s pro se motion for extension of time to file a motion for reconsideration en 

banc is granted. We order a motion for reconsideration en banc due December 30, 2019.

_________________________________

Luz Elena D. Chapa, Justice

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

court on this 20th day of November, 2019.

___________________________________

MICHAEL A. CRUZ,

Clerk of Court
Opinion filed March 24

, 2011



### In The 

# Eleventh Court of Appeals

__________



### No. 11

- 1 1

- 00 025

- CR

__________

REED J. BATES , Appellant

V.

STATE OF TEXAS , Appellee

On Appeal from the County Court at Law No. 2

Ellis County, Texas

Trial Court Cause No. 1010552CR

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

T he trial court convicted Reed J. Bates of the offense of reckless driving and assessed

punishment at confinement for thirteen days and a fine of $100

. W e dismiss the appeal.

Appellant ’s sentence was imposed on August 17 , 2010. A timely motion for new trial

was filed on August 31 and was overruled by operation of law pursuant to T EX

. R. A PP

. P. 21.8

. Appellant’s notice of appeal was filed o n November 29 , 2010

, 104 days after the date sentence

was imposed. Upon receiving the clerk’s record, this court notified the parties by letter dated

February 14 , 2011, that the notice of appeal appeared to be untimely and that no motion for2

extension had b een timely filed. We requested that appellant provide proof that a notice of

appeal had been timely filed

, and we informed appellant that the appeal may be dismissed for

want of jurisdiction

. Appellant has not responded to our letter

.

Pursuant to T EX

. R. A PP

. P. 26.2(a)(2), a notice of appeal i s due ninety days after the day

sentence i s imposed. In this case , the due date was November 15 , 2010

. Appellant did not file a

motion for extension of time. See T EX

. R. A PP

. P. 26.3. Absent a timely filed no tice of appeal or

the granting of a timely motion for extension of time , we do not have jurisdiction to entertain the

appeal. Slaton v. State , 981 S.W.2d 208 (Tex. Cr im

. App. 1998); Olivo v. State , 918 S.W.2d 519

(Tex. Cr im

. App. 1996) ; Rodarte v. State

, 860 S.W.2d 108 (Tex. Crim. App. 1993)

. Accordingly, t he appeal is dismissed for want of jurisdiction

.

PER CURIAM

March 24 , 2011

Do not publish. See T EX

. R. A PP

. P. 47.2(b).

Panel consists of: Wright, C.J., McCall, J., and Strange, J.
<TABLE> <S> <C>

<ARTICLE>                 5
<MULTIPLIER>              1,000

<S>                            <C>
<FISCAL-YEAR-END>              JAN-29-2000
<PERIOD-START>                 MAY-02-1999
<PERIOD-END>                   JUL-31-1999
<PERIOD-TYPE>                  3-MOS
<CASH>                         57,347
<SECURITIES>                   0
<RECEIVABLES>                  2,316
<ALLOWANCES>                   0
<INVENTORY>                    40,518
<CURRENT-ASSETS>               107,082
<PP&E>                         117,697
<DEPRECIATION>                 62,491
<TOTAL-ASSETS>                 170,505
<CURRENT-LIABILITIES>          43,384
<BONDS>                        8,570
<COMMON>                       14
<PREFERRED-MANDATORY>          0
<PREFERRED>                    0
<OTHER-SE>                     112,447
<TOTAL-LIABILITY-AND-EQUITY>   170,505
<SALES>                        98,913
<TOTAL-REVENUES>               98,913
<CGS>                          70,179
<TOTAL-COSTS>                  70,179
<OTHER-EXPENSES>               19,934
<LOSS-PROVISION>               0
<INTEREST-EXPENSE>             (499)
<INCOME-PRETAX>                9,299
<INCOME-TAX>                   3,448
<INCOME-CONTINUING>            5,851
<DISCONTINUED>                 0
<EXTRAORDINARY>                0
<CHANGES>                      0
<NET-INCOME>                   5,851
<EPS-BASIC>                  $0.45
<EPS-DILUTED>                  $0.42





</TABLE>
Retention Bonus Arrangements



 Exhibit 10.86 
 In conjunction with the restructuring plan of the Company and the uncertainty surrounding the financial condition of the Company, the board of directors of the Company approved on November 8, 2008, grants of
retention bonuses to the Company’s remaining 16 employees, including the named executive officers, which required repayment if the respective employee terminated employment before February 9, 2009. Under the terms of retention bonus
agreements, the retention bonus amounts were equal to two months of base salary for each respective retained employee, of which 50% was paid on November 17, 2008, 25% was paid on November 26, 2008 and 25% was paid on December 15,
2008. Mr. Kranda, Jean-Frédéric Viret, the Company’s former chief financial officer, and Dr. Houghton received retention bonuses in the aggregate amounts of $75,000, $44,167 and $56,667, respectively. 
 As a result of the continuing uncertainty surrounding the financial condition of the Company and in conjunction with the Company’s continuing
operations for 2009, the board of directors of the Company approved on February 12, 2009, grants of retention bonuses to the Company’s remaining employees to maintain ongoing operations and retain such employees, including the named
executive officers. Under the terms of retention bonus agreements, the retention bonuses must be repaid if the employee resigns from employment before the expiration of a 60 day period following the retention bonus payment. The retention bonuses are
equal to a pre-determined amount for each remaining employee, of which 33% was paid on March 1, 2009 and of which the subsequent amounts will be paid on or about May 15, 2009, and on or about June 30, 2009, subject to further approval
by the board of directors. For Mr. Kranda, Mr. Tran, and Dr. Houghton, the retention bonuses paid on March 1, 2009 amounted to $66,667, $16,000 and $33,333, respectively.
<TABLE> <S> <C>
               
<ARTICLE>               5
                                
<S>                                        <C>  
<PERIOD-TYPE>                                3-MOS
<FISCAL-YEAR-END>                      DEC-31-1997
<PERIOD-END>                           MAR-31-1997
<CASH>                                     287,541
<SECURITIES>                                     0
<RECEIVABLES>                              787,734
<ALLOWANCES>                                     0
<INVENTORY>                                      0
<CURRENT-ASSETS>                         1,100,136
<PP&E>                                  23,694,692
<DEPRECIATION>                          15,239,844
<TOTAL-ASSETS>                          12,340,730
<CURRENT-LIABILITIES>                    1,898,234
<BONDS>                                  1,711,650
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                 2,000,000
<OTHER-SE>                               8,055,613
<TOTAL-LIABILITY-AND-EQUITY>            12,340,730
<SALES>                                  2,151,083
<TOTAL-REVENUES>                         2,425,317
<CGS>                                            0
<TOTAL-COSTS>                              631,277
<OTHER-EXPENSES>                           143,375
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                          81,985
<INCOME-PRETAX>                            963,054
<INCOME-TAX>                               306,720
<INCOME-CONTINUING>                        656,334
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                               656,334
<EPS-PRIMARY>                                 7.33
<EPS-DILUTED>                                 7.33
        
                            

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

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         155,079
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                     15,000
<CURRENT-ASSETS>                               190,329
<PP&E>                                         410,962
<DEPRECIATION>                                 213,514
<TOTAL-ASSETS>                                 410,609
<CURRENT-LIABILITIES>                        2,915,312
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       112,824
<OTHER-SE>                                  10,385,001
<TOTAL-LIABILITY-AND-EQUITY>                   410,609
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                2,194,512
<OTHER-EXPENSES>                                91,966
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              2,286,478
<INCOME-TAX>                                     1,600
<INCOME-CONTINUING>                          2,288,078
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,288,078
<EPS-PRIMARY>                                     0.21
<EPS-DILUTED>                                     0.21
        

</TABLE>
Exhibit 99
                                Selected Information
                                 Relating to Series 
                                1994-1 Certificates, 
                      Series 1995-1 Certificates, Series 1996-1
                    Certificates, Series 1996-2 Certificates, and
                           Series 1997-1 Certificates from 
                        January 1, 1998 through March 31, 1998
                     -------------------------------------------
<TABLE>
<CAPTION>

 

                Series 1994-1    Series 1995-1     Series 1996-1   Series 1996-2    Series 1997-1    
                Floating Rate    6.50% Auto        5.50% Auto      Floating Rate    Floating Rate      
                Loan Asset       Loan Asset        Loan Asset      Loan Asset       Loan Asset
                Backed           Backed            Backed          Backed           Backed
                Certificates     Certificates      Certificates    Certificates     Certificates
                ------------     -------------     -------------   ------------     ------------



<S>             <C>              <C>              <C>              <C>               <C>


Interest
Paid            $14,884,958.89   $  17,442,708.36 $ 10,834,722.23  $ 14,533,933.33   $ 11,008,276.47  

Servicing  
Fee Paid        $ 2,499,999.99   $   2,499,999.99 $  2,000,000.01  $  1,400,000.00   $  1,875,000.00  


 
                    
                





</TABLE>

                                             -12-
IA 

117TH CONGRESS 

1ST SESSION H. J. RES. 37 

Providing for congressional disapproval under chapter 8 of title 5, United 

States Code, of the rule submitted by the Department of Health and 

Human Services relating to ‘‘Securing Updated and Necessary Statutory 

Evaluations Timely’’. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2021 

Mr. KRISHNAMOORTHI (for himself and Ms. ESHOO) submitted the following 

joint resolution; which was referred to the Committee on Energy and 

Commerce 

JOINT RESOLUTION 

Providing for congressional disapproval under chapter 8 of 

title 5, United States Code, of the rule submitted by 

the Department of Health and Human Services relating 

to ‘‘Securing Updated and Necessary Statutory Evaluations Timely’’. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress disapproves the rule submitted by the De4 partment of Health and Human Services relating to ‘‘Se5 curing Updated and Necessary Statutory Evaluations 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HJ 37 IH 

1 Timely’’ (86 Fed. Reg. 5694; published January 19, 

2 2021), and such rule shall have no force or effect. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          22,148
<SECURITIES>                                    33,834
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                57,402
<PP&E>                                          18,821
<DEPRECIATION>                                 (6,248)
<TOTAL-ASSETS>                                  71,598
<CURRENT-LIABILITIES>                            7,679
<BONDS>                                         13,531
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       225,952
<OTHER-SE>                                   (180,187)
<TOTAL-LIABILITY-AND-EQUITY>                    71,598
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 6,033
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 507
<INCOME-PRETAX>                                (5,526)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (5,526)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,526)
<EPS-BASIC>                                     (0.25)
<EPS-DILUTED>                                   (0.25)


</TABLE>
EXHIBIT 11

                           PIONEER FINANCIAL SERVICES, INC.

                        STATEMENT OF COMPUTATION OF PER SHARE

                                      NET INCOME


                                        For the Year Ended December  31
                                            1995           1994      1993  


          Net Income                $ 20,968,000     $ 17,149,000 $ 12,145,000 
          Less Dividends on
           Preferred Stock            (1,805,000)      (1,904,000)  (2,021,000)

          Primary Basis-Net Income  $ 19,163,000     $ 15,245,000 $ 10,124,000 

           Fully Diluted Basis-
           Net Income **            $ 23,266,000     $ 20,145,000 $ 13,507,000 

          Average shares outstanding   7,586,908        6,221,216    6,546,719 
          Common Stock equivalents
           from dilutive stock
           options, based on the
           treasury stock method
           using average market 
           price                         252,501         237,847       176,883 

             TOTAL-PRIMARY BASIS       7,839,409        6,459,063    6,723,602


          Additional shares assuming
           conversion of Preferred 
           Stock                       1,358,240        1,387,       1,515,200 
          Additional shares assuming
           conversion of Subordinated
           Debentures                  3,231,282        4,887,404    2,282,774 
          Additional Common Stock
           equivalents from dilutive
           stock options, based on the
           treasury stock method     
           using closing market price    179,483                -      209,618 





             TOTAL-FULLY DILUTED      12,608,414       12,734,14    10,731,194 

          Net income per share-
           Primary                       $  2.44          $ 2.36  $ 1.51  

          Net income per share-
           Fully Diluted                 $  1.85          $ 1.58  $ 1.26  





          **  Fully diluted net income per share was calculated after
          adding tax effected interest and amortization of offering costs
          on Subordinated Debentures of $2,298,000, $2,996,000, and
          $1,362,000 for the years ended December 31, 1995, 1994, and 1993,
          respectively.
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Court of Appeals of the State of Georgia Clerk's Office, Atlanta, March 14, 2017. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, March 14, 2017 The Court of Appeals hereby passes the following order A17A1192. CHARLES W. RUTTER, JR. v. STACY K. RUTTER.
Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW THE APPEAL in the above styled case, it is ordered that the motion is hereby GRANTED.
Raymond A. GREENE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-479

District Court of Appeal of Florida, Fifth District.

Decision filed February 20, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

JAMES T. DeJARNETTE, 

 Case No. 2:18-cv-291 

 Petitioner, Judge Algenon L. Marbley 

 Magistrate Judge Chelsey M. Vascura 

 v. 

CHAE HARRIS, WARDEN, 

WARREN CORRECTIONAL INST., 

 Respondent. 

OPINION AND ORDER 

 On June 4, 2018, the Magistrate Judge issued an Order and Report and Recommendation, 

recommending that the Petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 be 

dismissed and denying Petitioner’s Motion to Clarify. (ECF No. 12.) Although the parties were 

advised of the right to file objections to the Magistrate Judge’s Order and Report and 

Recommendation, and of the consequences of failing to do so, and although the Court granted 

Petitioner an extension of time to do so, no objections have been filed. 

 The Order and Report and Recommendation (ECF No. 12) is ADOPTED and 

AFFIRMED. This action is hereby DISMISSED. 

 Petitioner has waived his right to appeal by failing to file objections. See Thomas v. Arn, 

474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Therefore, the 

Court DECLINES to issue a certificate of appealability. 

IT IS SO ORDERED. 

 s/Algenon L. Marbley_______________

ALGENON L. MARBLEY 

UNITED STATES DISTRICT COURT 

DATED: July 30, 2018