alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Subordinated Promissory Note



 Exhibit 10.196 
 SUBORDINATED PROMISSORY NOTE 
 $300,000.00 Dated: September 10, 2007 
 FOR VALUE RECEIVED, Biovest International, Inc., a Delaware corporation (“Borrower”) promises to pay to the order of Philip E.
Rosensweig (“Lender”), the principal sum of Three Hundred Thousand Dollars ($300,000.00). This Unsecured Promissory Note is created pursuant to the Subordinated Note Purchase Agreement dated September 10, 2007 between Lender and
Borrower. 
 INTEREST: There shall be no interest accrued or paid on any sums due pursuant to this Note. Notwithstanding the
foregoing, in the event of a Default as defined herein the outstanding balance due pursuant to this Note shall bear interest at the rate of 18% per annum commencing on the date of Default. 
 SUBORDINATION: The obligations pursuant to this Subordinated Promissory Note shall be subordinated to the interests of the senior secured
creditors of Borrower, Laurus Master Fund, Ltd. and Accentia Biopharmaceuticals, Inc. 
 MATURITY: The entire principal balance of
this Note shall be due and payable in full one year from the date of this Note. There shall be no penalty for early repayment of all or any part of the principal. 
 DEFAULT: The Borrower shall be in Default of this Note on the occurrence of any of the following events: (i) the Borrower shall fail to meet its obligation to make the required principal or interest
payments hereunder; (ii) the Borrower shall be dissolved or liquidated; (iii) the Borrower shall make an assignment for the benefit of creditors or shall be unable to, or shall admit in writing their inability to pay their debts as they
become due; (iv) the Borrower shall commence any case, proceeding, or other action under any existing or future law of any jurisdiction relating to bankruptcy, insolvency, reorganization or relief of debtors, or any such action shall be
commenced against the undersigned; (v) the Borrower shall suffer a receiver to be appointed for it or for any of its property or shall suffer a garnishment, attachment, levy or execution. 
 REMEDIES: Upon default of this Note, Lender may declare the entire amount due and owing hereunder to be immediately due and payable. Lender may also use all remedies in law and in equity
to enforce and collect the amount owed under this Note. 
 MISCELLANEOUS: 
 This Note shall be governed by, and construed in accordance with, the laws of the State of Florida, notwithstanding the application of choice of law principles. Borrower hereby waives demand,
presentment, notice of dishonor, diligence in collecting, grace and notice of protest. 
  

			
	 BORROWER:

	 BIOVEST INTERNATIONAL, INC.

		
	 By:
	 	 /s/ Steven Arikian

		
	 Name:
	 	 Steven Arikian, M.D.

		
	 Title:
	 	 Chairman & CEO
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-11086

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

GUADALUPE RAMON CASTILLO

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 6:07-CR-24-ALL

Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Guadalupe Ramon

Castillo has moved for leave to withdraw and has filed a brief in accordance with

Anders v. California, 386 U.S. 738 (1967). Castillo has not filed a response. Our

independent review of the record and counsel’s brief discloses no nonfrivolous

issue for appeal. Accordingly, counsel’s motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

August 20, 2008

Charles R. Fulbruge III

Clerk
Donold L. ROBINSON, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D16-5017

District Court of Appeal of Florida, First District.

Opinion filed December 7, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
[Federal Register Volume 74, Number 63 (Friday, April 3, 2009)]
[Notices]
[Page 15324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7511]


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

DEPARTMENT OF THE TREASURY

United States Mint


Notification of Pricing for the 2009 United States Mint 
Presidential $1 Coin and First Spouse Medal Sets <SUP>TM</SUP>

ACTION: Notice.

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

SUMMARY: The United States Mint is announcing the price for the 2009 
Presidential $1 Coin and First Spouse Medal Sets.
    2009 Presidential $1 Coin and First Spouse Medal Sets will be 
priced at $8.95 each. This year, the United States Mint is releasing 
five Presidential $1 Coin and First Spouse Medal Sets featuring the 
following Presidents and First Spouses: William Henry Harrison and Anna 
Harrison; John Tyler and Letitia Tyler; John Tyler and Julia Tyler; 
James K. Polk and Sarah Polk; and Zachary Taylor and Margaret Taylor.
    The first set in the 2009 series, the William Henry Harrison 
Presidential $1 Coin and First Spouse Set, will be available for sale 
in the spring of 2009.

FOR FURTHER INFORMATION CONTACT: B. B. Craig, Associate Director for 
Sales and Marketing; United States Mint; 801 9th Street, NW., 
Washington, DC 20220; or call 202-354-7500.

    Authority: 31 U.S.C. 5111, 5112 & 9701.

    Dated: March 31, 2009.
Andrew Brunhart,
Deputy Director, United States Mint.
[FR Doc. E9-7511 Filed 4-2-09; 8:45 am]
BILLING CODE 4810-02-P
Jason M. RIVERA, Appellant/Petitioner(s), v. DEPT. OF FINANCIAL SERVICES, Division of State Fire Marshal, Appellee/Respondent(s).

CASE NO.: 2D17-1599

District Court of Appeal of Florida, Second District.

August 04, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 18 - 0597

_________________ ST ATE OF MONTANA,

Plaintiff and Appellee, v. VAUGHN DAVID JAMES,

Defendant and Appellant. O R D E R

_________________ Upon consideration of the Appellant’s Unopposed M otion for Extension of Time, and good cause appearing therefor, IT IS HERBY ORDERED that the motion is GRANTED. Appellant’s r eply b rief shall be filed on or before June 2 0 , 2022. No further extensions wi ll be granted.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

May 13 2022

05/13/2022
Case Number: DA 18-0597
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 09971**  **Removed from Public**  **(Non-CBI) Docket** **1 Copyright** 

**Flag 2**  **File Name Description**  09971\09971_HardcopyLog.doc EPA log of hardcopy documents submitted x 09971\09971_PartA.xls Plant submitted survey file x 09971\09971_PartB.xls Plant submitted survey file x 09971\09971_PartC.xls Plant submitted survey file x 09971\09971_PartD.xls Plant submitted survey file x 09971\09971_PartH.xls Plant submitted survey file

09971\Certification Statement Plant ID 09971.pdf Plant certification statement x 09971\Supplemental Documents\09971_D-1.pdf Plant submitted supplemental files to the survey x 09971\Supplemental Documents\09971_D-2.pdf Plant submitted supplemental files to the survey

09971\Supplemental Documents\09971_MAP 1.pdf Plant submitted supplemental files to the survey x 09971\Supplemental Documents\09971_MAP 2.pdf Plant submitted supplemental files to the survey x 09971\Supplemental Documents\09971_Water Balance Diagram 1.pdf Plant submitted supplemental files to the survey x 09971\Supplemental Documents\09971_Water Balance Diagram 2.pdf Plant submitted supplemental files to the survey

09971\Supplemental Documents\Email 3_7_11\FGDS Waste Water Pretreatment System Construction Costs.pdf Plant submitted supplemental files to the survey x 09971\Supplemental Documents\Email 3_7_11\FGDS Waste Water Pretreatment System Diagram.pdf Plant submitted supplemental files to the survey x 09971\Supplemental Documents\Email 3_7_11\USEPA Additional requests for Information Collection Survey re FGDS Waste Water Pretreatment System..rtf Follow-up email correspondence. x 09971\09971_Checklist_092910.xls EPA Technical Review Checklist Workbook

09971\09971_Completeness_Checklist.xls EPA Completeness Review Checklist x 09971\09971_Email Correspondence.pdf Follow-up email correspondence.

09971\09971_Cover Letter.pdf Plant submitted supplemental files to the survey

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database

. 2Copyright documents are available from the docket.
Exhibit 31.1  CERTIFICATION OF C.E.O. PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002  I, Kevin Miller, Chief Executive Officer, certify that:  1.
        I have reviewed this annual report on Form 10-K of Mobieyes Software, Inc.;
  2.          Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;  3.          Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;  4.          The small business issuers sole certifying officer, I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:  (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer,  is made known to us by others within those entities, particularly during the period in which this report is being prepared;  (b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;  (c) Disclosed in this report any change in the small business issuers internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting; and  5.          The small business issuers sole officer, I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of the small business issuers board of directors (or persons performing the equivalent functions):  (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuers ability to record, process, summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuers internal control over financial reporting.  Date: February 8, 2010  /s/ Kevin Miller Kevin Miller Chief Executive Officer
EXHIBIT 10.06

                    SECOND AMENDMENT TO EMPLOYMENT AGREEMENT

This  Second  Amendment  (the  "Second  Amendment")  to  that certain employment
agreement  (the  "Agreement")  dated  effective  January  1, 2006 by and between
Westside  Energy Corporation (the "Company") and Douglas G. Manner ("Manner") is
made  and entered into as of the 4th day of April, 2007, but effective as of the
1st day of January, 2007 by and between the Company and Manner. All capitalized,
undefined  terms  used  herein  shall have the respective meanings given to such
terms  in  the  Agreement.

Recitals

WHEREAS,  the  Agreement  was  entered  into  effective  January  1,  2006;  and

WHEREAS,  the  Agreement  was  first  amended  effective  March  31,  2006 by an
instrument  entitled  "FIRST AMENDMENT TO EMPLOYMENT AGREEMENT" (for purposes of
the  remainder  of  this  Second  Amendment, the term "Agreement" shall mean the
Agreement  as  heretofore  amended  by  said  First  Amendment);  and

WHEREAS,  the  Company  and Manner desire to amend the Agreement upon the terms,
provisions  and  conditions  set  forth  hereinafter;

Agreement

NOW,  THEREFORE,  in consideration of the mutual covenants and agreements of the
Company  and  Manner  to  amend  the  Agreement, the Company and Manner agree as
follows:

1.  Amendment  to  the  Agreement.  The  Agreement is hereby amended so that the
annual  salary  rate  provided  for  thereunder  is  increased  from $175,000 to
$275,000.

2.  Miscellaneous.  Except as otherwise expressly provided herein, the Agreement
is  not  amended,  modified  or  affected  by  this  Second Amendment. Except as
expressly  set  forth  herein,  all  of  the  terms,  conditions,  covenants,
representations, warranties and all other provisions of the Agreement are herein
ratified  and  confirmed and shall remain in full force and effect. On and after
the  date  on  which  this  Second  Amendment  becomes  effective,  the  terms,
"Agreement," "hereof," "herein," "hereunder" and terms of like import, when used
herein  or  in the Agreement shall, except where the context otherwise requires,
refer  to  the  Agreement,  as  amended  by  this  Second Amendment. This Second
Amendment  may  be  executed  into one or more counterparts, and it shall not be
necessary  that  the  signatures  of  all parties hereto be contained on any one
counterpart  hereof;  each  counterpart  shall be deemed an original, but all of
which  together  shall  constitute  one  and  the  same  instrument.

                             [SIGNATURES TO FOLLOW]
2

IN  WITNESS WHEREOF, this Second Amendment to the Agreement is adopted as of the
4th  day  of  April,  2007,  but  effective  as of the 1st day of January, 2007.

"COMPANY"                             "MANNER"
WESTSIDE  ENERGY  CORPORATION
By:/s/ Sean J. Austin                 /s/ Douglas G. Manner
Name: Sean J. Austin                  Douglas  G.  Manner
Title:Vice President & Chief
           Financial Officer
Exhibit 32.2  CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Environmental Energy Services, Inc., a Delaware corporation (the "Company"), does hereby certify, to the best of his knowledge, that:  1.     The Quarterly Report on Form 10-QSB for the period ending September 30, 2007 (the "Report") of the Company complies in all material respects with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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/ Greg Holsted Greg Holsted, Chief Financial Officer  Date: November 21, 2007
##### 



Exhibit 10.6(a)
 
 EMPLOYMENT AGREEMENT
 st
 W I T N E S S E T H
     Definitions
 Affiliate
 Annual Bonus
 Base Salary
 Board
 37




---



##### 



Business
 Cause
        Change of Control
  38




---



##### 



Commencement Date
 Confidential Information
 Disability
 Restricted Area
 Restricted Period A
 Restricted Period B
 Subsidiary
 Term of Employment
 39




---



##### 



Employment
 Office and Duties
   Term
 Compensation and Benefits
  40




---



##### 



Fringe Benefits
  41




---



##### 



Disability
 Death
 Termination for Cause
 42




---



##### 



Termination without Cause
     Company Property
 43




---



##### 



Noncompetition, Trade Secrets, Etc.
     44




---



##### 



45




---



##### 



Prior Agreements
 Miscellaneous
 Indulgences, Etc
 Controlling Law
 Notices
 
 46




---



##### 



nd
  Binding Nature of Agreement
 Execution in Counterparts
 Provisions Separable
 Entire Agreement
 47




---



##### 



Section Headings
 Number of Days
 Gender, Etc
 Dispute Resolution
  48




---



##### 



Jurisdiction of Courts
 49




---



##### 



Survival
  TRM CorporationBy:
    /s/ Richard B. SternName:
    Richard B. SternTitle:
    President and CEO Executive/s/ Michael DolanMichael Dolan 50




---



##### 



ATTACHMENT A  SAMPLE RELEASE AGREEMENT
  
      51




---



##### 



Sincerely,By:Dated:
 
 DateWitness
 52
| 1. | The Form 10-Q fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------|

| 2. | The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   | /s/ Gary A. Weber         |   |
|--------|--------|---------------------------|--------|
|   |   | Gary A. Weber             |   |
|   |   | Senior Vice President and |   |
|   |   | Chief Financial Officer   |   |
|   |   | August 10, 2010           |   |
Exhibit 10.1


 


Schedule
Required by Instruction 2 to Item 601


of
Regulation S-K


 


Name
of Executive Officer


Signing
Waiver Letter


 


Leonard Shaykin


Gordon Link


Kai P. Larson


 


Tapestry Pharmaceuticals,
Inc


4840 Pearl East Circle, Suite 300W


Boulder, CO 80301


 


Re:  Employment
Agreement dated October 1, 2001 (the “Employment Agreement”)


 


Gentlemen:


 


I refer you to paragraph
6(f) of the Employment Agreement and to the waiver letter signed by me
with respect to the Employment Agreement on February 24, 2006 (the “Waiver
Letter”).  Capitalized terms not defined
in this letter have the meanings given them in that Employment Agreement.


 


The undersigned Executive
hereby waives any right to assert that he has Good Reason to resign from
employment with the Company if the Company fails to comply with Section 6(f)(ii) of
the Employment Agreement.  This waiver
applies solely with respect to any Change of Control that may be deemed to have
occurred as a result of the acquisition of beneficial ownership of securities
of the Company by certain investors in connection with a placement of common
stock and warrants by the Company with those investors pursuant to a Purchase
Agreement with the Company dated February 2, 2006.  This waiver supersedes and replaces in its
entirety the waiver given in the Waiver Letter.


 


Very truly yours,


 


[Executive Officer]
This certification is being furnished as required by Rule 13a-14(b) under the Securities Exchange Act of 1934 (the
Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code, and shall not be deemed filed for purposes of Section 18 of the Exchange Act or otherwise subject to the liability of that section. This
certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Exchange Act, except as otherwise stated in such filing.



Exhibit 32.2



CERTIFICATION PURSUANT TO RULE 13A-14(B) 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 Smithtown Bancorp (the Company) on Form 10-Q for the period ended September 30, 2003 as filed with the Securities
and Exchange Commission on November 14, 2003, (the Report), I, Anita M. Florek, Executive Vice President and Treasurer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350,
that:



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



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



November 14, 2003



/s/    Anita M. FlorekAnita M. Florek, Executive Vice President and Treasurer of Smithtown Bancorp
Jose Gabriel Lopez HERNANDEZ, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-394

District Court of Appeal of Florida, Fifth District.

Decision filed December 19, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
**Exhibit 11.1****Computation of Earnings Per Share**     The following table sets forth the computation of dilutive earnings per share (“EPS”) for thethree months and six months ended June 30, 2005 and 2004.                   **Three Months Ended**  **Six Months Ended**   **June 30,**  **June 30,**   **2005**  **2004**  **2005**  **2004** **Numerator:**                Net income (loss) as reported for basic EPS  $(535,652) $208,383  $201,414  $975,624 Adjustments to income for diluted EPS   —   18,496   —   46,943              Net income for diluted EPS  $(535,652) $226,879  $201,414  $1,022,567                               **Denominator:**                Weighted average shares for basic EPS   16,005,158   13,877,212   15,848,386   12,964,698 Effect of dilutive securities:                Stock options   —   1,107,069   633,686   1,096,844 Warrants   —   940,813   267,664   982,953 Conversion of debt instruments   —   781,368   —   960,873              Adjusted weighted average shares andassumed conversions for EPS   16,005,158   16,706,462   16,749,736   16,005,368                               Basic EPS  $(0.03) $0.02  $0.01  $0.08              Diluted EPS  $(0.03) $0.01  $0.01  $0.06              
29