alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.5

 



 

[Redacted Copy]

 

“***” indicates portions of the agreement that have been omitted pursuant to a confidential treatment request and have been filed with the Securities and Exchange Commission separately.

 

Klybeckstrasse 141
 CH-4057 Basel

 

	
Novaled   AG
    	
September 28,   2010
    
	
Attention   of Mr. Gildas Sorin, Managing Executive
    	
Carmen   Grossmann
    
	
Director
    	
Legal   K-141,3,29
    
	
Tatzberg   49
    	
Tel.   ***
    
	
D-01307   Dresden
    	
Fax   ***
    
	
 
    	
***
    


 

Frame Manufacturing and Supply Agreement dated April 11, 2006 and Amendment thereof dated March 30, 2009 (hereinafter jointly referred to as “Agreement”)

 

Dear Mr. Sorin:

 

The purpose of this letter is to summarize our mutual understanding with regard to the above mentioned Agreement as follows:

 

1.             Extension of Initial Period.  The Initial Period of the Agreement shall end on December 31 , 2011.  Thereafter, the Agreement shall be automatically extended by an additional calendar year each time unless either party terminates the Agreement upon 6 months prior written notice, for the first time effective as of December 31, 2011.

 

2.             Negotiations.  The parties wish to express their intention to enter into good faith negotiations for a multi-year manufacturing and supply agreement for the Products (or parts thereof) as defined in the Agreement.

 

3.             Assignment.  BASF Schweiz AG (as legal successor to Ciba Inc.) hereby assigns all rights and obligations under the Agreement to BASF Future Business GmbH (“BASF”) with offices at 4.  Gartenweg Z25, 67063 Ludwigshafen, Germany.  The assignment shall be made with retroactive effect as of November 1, 2009.

 

Except as expressly modified by the terms and conditions of this Amendment, the other terms and conditions of the Agreement remain in full force and effect.

 

BASF Schweiz AG
 Klybeckstrasse 141
 CH-4057 Basel
 Telefon +41 61 636 11 11
 Telefax +41 61 636 12 12
 http://www.basf.ch

 

1











 



 

If you agree with the above, please sign the attached duplicates of this letter and send back two originals to the attention of Carmen Grossmann.

 

Yours sincerely,
 BASF Schweiz AG

 

	
/s/   Dr. Stephan Klotz
    	
 
    	
/s/   Carmen Grossmann
    
	
Dr.   Stephan Klotz
    	
 
    	
Carmen   Grossmann
    
	
Director   Printed Electronics
    	
 
    	
Head   of Law & Compliance Officer
    
	
 
    	
 
    	
 
    
	
Agreed   and accepted:
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
Date:
    	
 
    	
 
    	
Date:
    	
18/10/2010
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
/s/   Dr. Thomas Weber
    	
 
    	
Novaled   AG
    
	
Dr.   Thomas Weber
    	
 
    	
 
    
	
Managing   Director
    	
 
    	
 
    
	
BASF   Future Business GmbH
    	
 
    	
 
    
					


 

2
14416

#### JENNINGS *ET AL.*v. SAWYER, *ET AL.*

(189 S. E., 743)

*440
      *Messrs. Jennings & Jennings, Marion B. Jennings*and *John W. Jennings,*for appellants,

*Messrs. John M. Daniel,*Attorney General, *J. Ivey Humphrey*and *M. J. Hough,*Assistant Attorneys General, for respondents,

January 18, 1937.

The opinion of the Court was delivered by

Mr. Chief Justice Stabler.

On the hearing of the appeal in this case, counsel for appellants persuasively argued the two questions stated. We think, however, from a careful study of *441the entire matter, to which we have given much time and consideration, that the Circuit Judge, under the decisions cited by him, correctly answered and disposed of these questions, as well as all others raised in the Court below. Very little, if anything can be added to what he has said without the risk of unnecessary repetition. As we have held, the power of eminent domain resides in the state of right and by necessity, and the General Assembly may prescribe how this right should be exercised. The South Carolina State Highway Department is a department of the State government created for a special purpose, and a suit against it is “actually a suit against the State.” *Fann v. State Highway*Department, 155 S. C., 219, 152 S. E., 429, 430. If any change in the procedure complained of by the appellants is desirable, the matter is one for the attention of the legislature.

The Circuit Court’s decree, which will be reported, is affirmed.

Messrs. Justices Carter, Bonham, Baker and Fishburne concur.
MACK A. MOTON,

Petitioner,

v.

FLORIDA COMMISSION ON 

OFFENDER REVIEW,

Respondent.

___________________________/

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-4614

Opinion filed February 1, 2017.

Petition for Writ of Mandamus -- Original Jurisdiction.

Mack A. Moton, pro se, Petitioner.

Rana Wallace, General Counsel, Florida Commission on Offender Review, 

Tallahassee, for Respondent.

PER CURIAM.

DENIED.

LEWIS, BILBREY, and WINOKUR, JJ., CONCUR.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM WATERMARC
FOOD MANAGEMENT CO. 10Q FOR ITS THIRD QUARTER OF FISCAL 1997 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FORM 10Q REPORT.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-29-1997
<PERIOD-START>                             DEC-30-1996
<PERIOD-END>                               MAR-30-1997
<CASH>                                          56,806
<SECURITIES>                                         0
<RECEIVABLES>                                  944,060
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<INVENTORY>                                    507,961
<CURRENT-ASSETS>                             2,024,607
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<CURRENT-LIABILITIES>                       10,478,090
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<TOTAL-COSTS>                               13,153,650
<OTHER-EXPENSES>                               269,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             327,331
<INCOME-PRETAX>                            (1,994,929)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,994,929)
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<CHANGES>                                            0
<NET-INCOME>                               (1,994,929)
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<EPS-DILUTED>                                    (.15)
        

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

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM WALKER
INTERACTIVE SYSTEMS, INC. QUARTERLY REPORT ON FORM 10-Q FOR THE PERIOD ENDED
MARCH 31, 1997.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
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</TABLE>
EX-10.3



 Exhibit 10.3 

FIFTH AMENDMENT 
 TO 
 HORIZON BANCORP 

SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN 
 (As Amended and Restated Effective January 1, 1997) 
 WHEREAS,
Horizon Bancorp (the “Company”) maintains the Horizon Bancorp Supplemental Executive Retirement Plan (As Amended and Restated Effective January 1, 1997) (the “Plan”); and 

WHEREAS, pursuant to Section 7.1 of the Plan, the Board of Directors of the Company (the “Board”) has reserved the right
to amend the Plan; 
 WHEREAS, the Board has determined to amend the Plan to clarify that the assets of a grantor trust used for
the Plan may be invested in common stock of the Company; and 
 WHEREAS, allowing participants’ accounts in the Plan to be
invested in Company Stock will more closely align participants’ interests with the Company’s shareholders; and 

WHEREAS, the Board has authorized such amendment to the Plan as set forth below; 

NOW, THEREFORE, pursuant to Section 7.1 of the Plan, the Company hereby amends the Plan, effective as January 1, 2010, by
adding the following sentence to the end of Section 4.2: 
 “To the extent permitted by a trust established pursuant
to this Section, the assets of the trust may be invested in common stock of the Company.” 
 IN WITNESS WHEREOF, the
undersigned officers of the Company have caused this Fifth Amendment to be executed this 15th day of December, 2009, but effective as of January 1, 2010. 

 

			
	HORIZON BANCORP
		
	By:	 	/s/ Craig M. Dwight
		 	 Craig M. Dwight, President and
 Chief Executive Officer



  

			
	ATTEST
		
	By:	 	/s/ Mark E. Secor
		 	Mark E. Secor, Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000

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<PERIOD-END>                               JUN-30-1999
<CASH>                                          51,652
<INT-BEARING-DEPOSITS>                          29,904
<FED-FUNDS-SOLD>                                   676
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    447,503
<INVESTMENTS-CARRYING>                         106,354
<INVESTMENTS-MARKET>                           107,077
<LOANS>                                      1,320,399
<ALLOWANCE>                                      9,964
<TOTAL-ASSETS>                               2,077,064
<DEPOSITS>                                   1,588,777
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<LIABILITIES-OTHER>                             31,624
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<TOTAL-LIABILITIES-AND-EQUITY>               2,077,064
<INTEREST-LOAN>                                 52,443
<INTEREST-INVEST>                                5,758
<INTEREST-OTHER>                                14,489
<INTEREST-TOTAL>                                72,690
<INTEREST-DEPOSIT>                              27,336
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<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                 37,014
<INCOME-PRETAX>                                 11,924
<INCOME-PRE-EXTRAORDINARY>                      11,924
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,466
<EPS-BASIC>                                       0.64
<EPS-DILUTED>                                     0.63
<YIELD-ACTUAL>                                     721
<LOANS-NON>                                      6,873
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                 1,101
<LOANS-PROBLEM>                                      0
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<CHARGE-OFFS>                                    1,853
<RECOVERIES>                                       228
<ALLOWANCE-CLOSE>                                9,964
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<ALLOWANCE-FOREIGN>                                  0
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</TABLE>
Exhibit 32.1

                           CERTIFICATIONS 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 Chromcraft Revington, Inc. (the
"Company") on Form 10-Q for the period ended September 27, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Michael E. Thomas, Chairman, President and Chief Executive Officer
of the Company, and Frank T. Kane, Vice President-Finance and Chief Financial
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:

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

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




/s/ Michael E. Thomas
---------------------------
Michael E. Thomas
Chairman, President and
Chief Executive Officer
November 6, 2003


/s/ Frank T. Kane
---------------------------
Frank T. Kane
Vice President-Finance and
Chief Financial Officer
November 6, 2003


     This certification is furnished solely pursuant to 18 U.S.C. Section 1350
and is not being filed as part of the Report or as a separate disclosure
document or for any other purpose.
Gerrel BANKS, Appellant/Petitioner(s), v. Michael SCOTT, as Sheriff of Lee County, Florida, Appellee/Respondent(s).

CASE NO.: 2D17-4473

District Court of Appeal of Florida, Second District.

November 27, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Granted.
H. R. 6162 

One Hundred Eighteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and twenty-four 

An Act 

To designate the facility of the United States Postal Service located at 379 North 

Oates Street in Dothan, Alabama, as the ‘‘LaBruce ‘Bruce’ Tidwell Post Office 

Building’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. LABRUCE ‘‘BRUCE’’ TIDWELL POST OFFICE BUILDING. 

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

Service located at 379 North Oates Street in Dothan, Alabama, 

shall be known and designated as the ‘‘LaBruce ‘Bruce’ Tidwell 

Post Office Building’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘LaBruce ‘Bruce’ Tidwell Post Office Building’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
#### UNITED STATES of America, Plaintiff-Appellee v. Jay Anthony CARLSON, Defendant-Appellant

No. 16-11076 Conference Calendar

United States Court of Appeals, Fifth Circuit.

Filed June 20, 2017

James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee

Jay Anthony Carlson, Pro Se

Before SMITH, CLEMENT, and COSTA, Circuit Judges,

PER CURIAM: *

The Federal Public Defender appointed to represent Jay Anthony Carlson has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir. 2011). Carlson has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED, *See*6th Cir. R. 42.2,

*

 Pursuant to 5th Cir. R, 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5,4.
#### Joseph B. SHEPPARD, Sr., Administrator of the Estate of Joseph B. Sheppard, Jr., and Anthony G. Moccia, Administrator of the Estates of William Bradley Breon and Michael J. Mondo, Jr. v. UNITED STATES of America. Joseph B. Sheppard, Sr., Administrator of the Estate of Joseph B. Sheppard, Jr., Appellant in No. 16135. Anthony G. Moccia, Administrator of the Estate of William Bradley Breon, Appellant in No. 16136. Anthony G. Moccia, Administrator of the Estate of Michael J. Mondo, Jr., Appellant in No. 16136.

Nos. 16135-16137.

United States Court of Appeals Third Circuit.

Argued Nov. 17, 1966.

Decided Dec. 12, 1966.

Stephen M. Feldman, Philadelphia, Pa. (Joseph G. Feldman, Feldman & Feld-man, Philadelphia, Pa., Hy Mayerson, Philadelphia, Pa., of counsel, on the brief), for appellants.

Morton Hollander, Chief, Appellate Section, Dept. of Justice, Washington, D. C. (J. William Doolittle, Acting Asst. Atty. Gen., Drew J. T. O’Keefe, U. S. Atty., David L. Rose, Florence Wagman Roisman, Attys., Dept.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Plaintiffs are the administrators of the estates of three United States marines who were killed in the crash of a United States Air Force aeroplane while they were on active duty, in the course of activity incident to that duty. The suit was under the Torts Claims Act, 28 U.S.C. § 2671 et seq. It was dismissed by the District Court under Rule 12(b), F.R.Civ.P. for lack of jurisdiction over the subject matter.

We hold that the ruling of the District Court was right and proper. Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950). The flat statement is made on behalf of appellants in their brief that “ * * * subsequent decisions of the Supreme Court destroyed the validity of that case.” Nothing could be further from the true fact. Appellants argue from decisions having no real bearing on the tight, clear problem presented. In the only other case since Feres involving the right of a service man to sue the United States in tort, United States v. Brown, 348 U.S. 110, 113, 75 S.Ct. 141, 144, 99 L.Ed. 139 (1954), Mr. Justice Douglas for the Court states “We adhere also to the line drawn in the Feres case between injuries that did and injuries that did not arise out of or in the course of military duty.”

The judgment of the District Court will be affirmed.
T. O. C.

,

Appellant,

v.

BETHANY CHRISTIAN

SERVICES

,

Appellee

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 16

- 3419

_____________________________/

Opinion filed July 12, 2017.

An appeal from the Circuit Court for Escambia County

. Jennie M. Kinsey , Judge

.

Robert C. Allen of Robert C. Allen, P.A. , Pensacola ; Candice K. Brower of the Office of the Criminal Conflict and Civil Regional Counsel, Region One, Tallahassee; and Anna L. Uniacke of the Office of Jeffrey E. Lewis, Criminal Conflict and Civil Regional Counsel , Pensacola, for Appellant.

Gayle J. Ryba of Gayle J. Ryba, P.A. , for Appellee.

PER CURIAM.

AFFIRMED.

ROBERTS

, OSTERHAUS

, and M.K. THOMAS

, J J

. , CONCUR.
<PAGE>

                                                                    EXHIBIT 99.2

    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 Chronimed Inc (the "Company") on Form
10-Q for the period ended March 28, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Gregory H. Keane,
Chief Financial 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
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.

May 1, 2003

                                                /s/ GREGORY H. KEANE
                                                -----------------------------
                                                Gregory H. Keane
                                                Chief Financial Officer

A signed original of this written statement required by Section 906 has been
provided to Chronimed, Inc. and will be retained by Chronimed, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.