alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.47

 

LICENSE AGREEMENT AMENDMENT

 

Inasmuch as NewLink Genetics Corporation of Ames, Iowa, and the Medical College of Georgia Research Institute of Augusta Georgia, have a valid and existing License Agreement related to the use of Indoleamine-2,3-Dioxygenase and its inhibitors in Immuno-regulation [*] dated September 13, 2005;

 

and

 

Inasmuch as the parties agree that the License Agreement contains a provision (Section 4.1) for the acquisition of new, related Improvement Technologies by NewLink arising at MCGRI after the Agreement was signed
  
 and

 

Inasmuch as the NewLink has reviewed a new Improvement Technology [*], and wishes to exercise its option to incorporate this technology into the existing License Agreement technology portfolio under its standard royalty terms and use conditions,

 

It is Agreed:

 

That the parties amend the License Agreement relative to its Exhibit A , such that MCG case [*] is to be included in the technology portfolio for development and commercialization by NewLink, effective the date that the License Fee of [*] is received at MCGRI.

 

This present amendment shall hereby be considered part of the original License Agreement and is hereto agreed by representatives of both parties signing below.

 

 

	
MEDICAL COLLEGE OF GEORGIA RESEARCH INSTITUTE
    	
 
    	
 
    	
NEWLINK GENETICS
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
By
    	
/s/Betty Aldridge
    	
 
    	
 
    	
By:
    	
/s/Nicholas N. Vahanian
    
	
Name:
    	
Betty Aldridge
    	
 
    	
Name:
    	
Nicholas N. Vahanian
    
	
Title:
    	
Executive Director
    	
 
    	
Title:
    	
Chief Medical and Operations Officer
    
	
Date:
    	
4/27/06
    	
 
    	
 
    	
Date: 4/21/06
##### 



Exhibit 99.2 ANNUAL STATEMENT OF COMPLIANCEPrincipal Life Income Fundings Trust 2004-40 (the Trust) I, Nancy H. Forte, a duly elected and acting officer of Citibank, N.A. (Indenture Trustee),
do hereby certify on behalf of the Indenture Trustee, that: 1. I have reviewed and examined the performance by the Indenture Trustee of the application of
trust money collected by the Indenture Trustee pursuant to Section 5.02 and, if applicable, Section
6.06 of the Indenture pursuant to which the Trusts notes were issued during the fiscal year ending
December 31, 2004 (the Relevant Year); and 2. Based upon my review and examination described in 1 above, and except as provided in the
Report of Independent Registered Public Accounting Firm on Compliance, dated March 15, 2005,
prepared by the Ernst & Young LLP substantially in accordance with Section 4.05 of the Expense and
Indemnity Agreement, to the best of my knowledge, the application of trust money collected by the
Indenture Trustee pursuant to Section 5.02 and, if applicable, Section 6.06 of the Indenture was
performed in accordance with the terms of the Indenture throughout the Relevant Year. CITIBANK, N.A., as Indenture Trustee By:
    
    /s/ Nancy H. ForteName: Nancy H. ForteTitle: Assistant Vice President
 Date: March 29, 2005
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v. DANIEL MARK BUTCHER,

Defendant

- Appellant. No. 22

- 50247
D.C. No. 3:21

- cr - 00698

- TWR

- 1

MEMORANDUM *

Appeal from the United States District Court for the Southern District of California Todd W. Robinson, District Judge, Presiding Submitted April 17, 2023 * *
Before: CLIFTON, R. NELSON, and BRESS, Circuit Judges. Daniel Mark Butcher appeals from the district court’s judgment and challenges the 12

- month sentence imposed upon the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm

. Butcher ’s sole contention on appeal is that the district court reversibly erred

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

APR 26 2023
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 22

- 50247

by failing to provide the government an opportunity to make a sentencing
argument

. Butcher’s general objection to “all the procedural and substantive
deficits in his sentence” was insufficie nt to preserve this claim. See United States
v. Grissom , 525 F.3d 691, 694 (9th Cir. 2008). We therefore review for plain

error
. S ee United States v. Waknine , 543 F.3d 546, 55 1 (9th Cir. 2008) . Although
the district court may have erred by failing to solicit the government’s sentencing position, see United States v. Urrutia

- Contreras , 782 F.3d 1110, 1114 (9th Cir. 2015) , Butcher has not show n that the error affected his substantial rights. Butcher’s speculation that the government would have recommended a lesser

sentence had it been given an opportunity to speak, and that the court would have been persuaded by such a recommendation despite rejecting probation’s argument for a lesser sentence, is insufficient to establish a reasonabl e probability that he
would have received a different sentence absent the error. See United States v.
Dallman , 533 F.3d 755, 762 (9th Cir. 2008) ; see also Waknine , 543 F.3d at 553

- 54 (defendant did not show that the district court plainly erred in failing to give the government an opportunity to speak at sentencing because he did not show that the government’s remarks would have changed the court’s conclusion as to the sentence)

. AFFIRMED.
[Federal Register Volume 74, Number 68 (Friday, April 10, 2009)]
[Notices]
[Pages 16397-16398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8246]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Announcement of Meetings of the Secretary's Advisory Committee on 
National Health Promotion and Disease Prevention Objectives for 2020; 
Correction

AGENCY: Department of Health and Human Services, Office of the 
Secretary, Office of Public Health and Science, Office of Disease 
Prevention and Health Promotion.

ACTION: Notice; correction.

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

SUMMARY: The Department of Health and Human Services published an 
announcement in the Federal Register on March 10, 2009, announcing a 
May 15, 2009 meeting of the Secretary's Advisory Committee on National 
Health Promotion and Disease Prevention Objectives for 2020. The 
announcement incorrectly noted that this meeting would take place from 
1 p.m. to 3 p.m. Eastern Daylight Time (EDT).

FOR FURTHER INFORMATION CONTACT: Emmeline Ochiai, Designated Federal 
Officer, Secretary's Advisory Committee on National Health Promotion 
and Disease Prevention Objectives for 2020, U.S. Department of Health 
and Human Services, Office of Public Health and Science, Office of 
Disease Prevention and Health Promotion, 1101 Wootton Parkway, Room LL-
100, Rockville, MD 20852, (240) 453-8259 (telephone), (240) 453-8281 
(fax). Additional information is available on the Internet at http://www.healthypeople.gov.

[[Page 16398]]

Correction

    In the Federal Register of March 10, 2009, Vol. 74, No. 45, on page 
10250, in the 3rd column, correct the DATES caption to read:
    The Committee will meet on the Internet at the following times: 
March 26, 2009, from 12 p.m. to 2 p.m. Eastern Daylight Time (EDT), 
April 20, 2009, 12 p.m. to 2 p.m. EDT; and May 15, 2009, 2 p.m. to 4 
p.m. EDT.

    Dated: April 6, 2009.
Sarah R. Linde-Feucht,
CAPT, U.S. Public Health Service, Deputy Director, Office of Disease 
Prevention and Health Promotion.
[FR Doc. E9-8246 Filed 4-9-09; 8:45 am]
BILLING CODE 4150-32-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-6770

STEVE LESTER,

Plaintiff - Appellant,

v.

IN EMPLOYEE LT CHURCH; IN EMPLOYEE DHO TUNER, a/k/a Truner,

Defendants – Appellees,

and

PERRY CORRECTIONAL INSTITUTION,

Defendant.

Appeal from the United States District Court for the District of 

South Carolina, at Florence. Timothy M. Cain, District Judge. 

(4:11-cv-02994-TMC)

Submitted: September 24, 2013 Decided: September 27, 2013

Before NIEMEYER and THACKER, Circuit Judges, and HAMILTON, 

Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Steve Lester, Appellant Pro Se. James Victor McDade, DOYLE, 

O’ROURKE, TATE & MCDADE, PA, Anderson, South Carolina, for 

Appellees.
2

Unpublished opinions are not binding precedent in this circuit.
3

PER CURIAM:

Steve Lester appeals the district court’s order 

accepting the recommendation of the magistrate judge and denying 

relief on his 42 U.S.C. § 1983 (2006) complaint. We have 

reviewed the record and find no reversible error. Accordingly, 

we affirm for the reasons stated by the district court. Lester 

v. In Employee LT Church, No. 4:11-cv-02994-TMC (D.S.C. Apr. 30, 

2013). We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional 

process.

AFFIRMED
Kenneth HAMMER, Appellant/Petitioner(s), v. Scott Gregory CUTLER, M.D., et al., Appellee/Respondent(s).

CASE NO.: 2D17-3413

District Court of Appeal of Florida, Second District.

October 12, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
| 1.   | The      annual report on Form 10-K for the year ended December 31, 2008 (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      HemoBioTech, Inc. |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | By:    | /s/      Arthur P. Bollon, Ph.D.                                                                |   |
|--------|--------|-------------------------------------------------------------------------------------------------|--------|
|   |   | Arthur      P. Bollon, Ph.D.                                                                    |   |
|   |   | Chairman      of the Board of Directors, President and Chief Executive      Officer   |   |
|   | By:    | /s/      Mark J. Rosenblum                                                                      |   |
|   |   | Mark      J. Rosenblum                                                                          |   |
|   |   | Chief      Financial Officer and Secretary                                                      |   |
DOUBLE PARK, LLC, Appellant, v. KAINE PARKING 125, LLC, Appellee.

No. 3D17-580

District Court of Appeal of Florida, Third District.

Opinion filed October 18, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Commission of Fine Arts

The next meeting of the U.S. Commission of Fine Arts is scheduled for 16 April 2009, at 10 a.m. in the Commission offices at the National Building Museum, Suite 312, Judiciary Square, 401 F Street, NW., Washington DC, 2000 1-2728. Items of discussion may include buildings, parks and memorials.

                    Draft agendas and additional information regarding the Commission are available on our Web site:                     *http://www.cfa.gov*. Inquiries regarding the agenda and requests to submit written or oral statements should be addressed to Thomas Luebke, Secretary, U.S. Commission of Fine Arts, at the above address or call 202-504-2200. Individuals requiring sign language interpretation for the hearing impaired should contact the Secretary at least 10 days before the meeting date.                

Dated 31 March 2009 in Washington, DC.

Thomas Luebke,

AIA, Secretary.

[FR Doc. E9-8346 Filed 4-10-09; 8:45 am]

BILLING CODE 6330-01-M
**Exhibit 23.1****CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**We consent to the incorporation by reference in the following Registration Statements:(1) Form S-8 (No. 333-124151) pertaining to the LifePoint Hospitals, Inc. 1998 Long-Term IncentivePlan, LifePoint Hospitals, Inc. Employee Stock Purchase Plan, LifePoint Hospitals, Inc. ManagementStock Purchase Plan, LifePoint Hospitals, Inc. Retirement Plan, LifePoint Hospitals, Inc. OutsideDirector’s Stock and Incentive Compensation Plan;(2) Form S-4 (No. 333-119929), as amended, pertaining to the joint proxy statement/prospectus ofLakers Holding Corp. related to LifePoint Hospitals, Inc.’s merger with Province HealthcareCompany;(3) Form S-3 (No. 333-128279), as amended, pertaining to the $225,000,000 3.25% Convertible SeniorSubordinated Debentures due 2025; and(4) Form S-3 (No. 333-143121), pertaining to the $500,000,000 3.5% Convertible Senior SubordinatedNotes due 2014;of our reports dated February 18, 2008, with respect to the consolidated financial statements ofLifePoint Hospitals, Inc. and the effectiveness of internal control over financial reporting ofLifePoint Hospitals, Inc., included in this Annual Report (Form 10-K) of LifePoint Hospitals, Inc.for the year ended December 31, 2007./s/  Ernst & Young LLPNashville, Tennessee
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

The Alpine County Resource Advisory Committee (RAC) will hold its first meeting.

# DATES:

The meeting will be held on April 23, 2009, and will begin at 6 p.m. The meeting will be held in Alpine County at Turtle Rock Park Community Center, 17300 State Route 89 Markleeville, CA 96120.

# FOR FURTHER INFORMATION CONTACT:

                        Marnie Bonesteel, RAC Coordinator, USDA, Humboldt-Toiyabe National Forest, Carson Ranger District, 1536 S. Carson Street, Carson City, NV 89701 (775) 884-8140; e-mail                         *mbonesteel@fs.fed.us*.                    

# SUPPLEMENTARY INFORMATION:

Agenda items to be covered include: (1) Introductions of committee members and Forest Service personnel. (2) Review legislation and re-authorization of the Secure Rule Schools and Community Self-Determination Act. (3) Review vacancies on the committee and process for recruiting and filling vacancies. (4) Receive materials explaining the process for considering and recommending Title II projects. (5) Public Comment. The meeting is open to the public. Public input opportunity will be provided and individuals will have the opportunity to address the Committee at that time.

Dated: March 26, 2009.

Genny E. Wilson,

Designated Federal Officer.

[FR Doc. E9-8124 Filed 4-10-09; 8:45 am]

BILLING CODE 3410-11-M
EXHIBIT 99.2 -- Report of Independent Accountants

[ERNST & YOUNG Logo]

	Ernst & Young  LLP
	725 South Figueroa Street
	Los Angeles, California 90017

		Report on Management's Assertion on
Compliance with the Specified Minimum Servicing Standards Set Forth in the
	    Unjform Single Attestation Program for Mortgage Bankers


		Report of Independent Accountants

Board of Directors
Fremont Investment & Loan

We have examined management's assertion, included in the accompanying
report titled Report of Management, that Fremont Investment & Loan
(the Company) complied with the minimum servicing standards identified
in Exhibit A to the Report of Management (the "specified minimum
servicing standards") as set forth in the Mortgage Bankers Association
of America's Uniform Single Attestation Program for Mortgage Bankers
(USAP) during the year ended December 31, 2004. Management is
responsible for the Company's compliance with those specified minimum
servicing standards. Our responsibility is to express an opinion on
management's assertion about the Company's compliance based on our
examination.


Our examination was made in accordance with standards established
by the American Institute of Certified Public Accountants and, accordingly,
 included examining, on a test basis, evidence about the Company's
compliance with the specified minimum servicing standards and performing
such other procedures as we considered necessary in the circumstances.
We believe that our examination provides a reasonable basis for our opinion.
Our examination does not provide a legal determination on the Company's
compliance with the specified minimum servicing standards.


In our opinion, management's assertion that the Company complied
with the aforementioned specified minimum servicing standards during
the year ended December 31, 2004, is fairly stated, in all material
respects.

				/s/ Ernst + Young LLP

March 10, 2005
**EXHIBIT 32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

 

**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 Annual Report of MHI Hospitality Corporation (the “Corporation”) on Form 10-K for the period ending December 31, 2004 asfiled with the Securities and Exchange Commission on the date hereof (the “Report”), I, William J. Zaiser, Chief Financial Officer of the Corporation, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-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 result of operations of theCorporation. 

 

Date: March 28, 2005
---

Exhibit 32.1

CERTIFICATION PURSUANT TO
  18 U.S.C. SECTION 1350
  AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Sound Revolution Inc.
  (the "Company") on Form 10-KSB for the year ended February 28, 2005 as filed
  with the Securities and Exchange Commission on June 15, 2005 (the "Report"),
  the undersigned, in the capacities and on the dates indicated below, hereby
  certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
  906 of the Sarbanes-Oxley Act of 2002, that to her 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.

|Dated: June 15 2005 | /s/ Penny Green                               
|------------------- | ----------------------------------------------
|                    | Penny Green                                   
|                    | President & Chief Executive Officer, Chairman,
|                    | Treasurer, Chief Financial Officer            

---
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
CONSOLIDATED  BALANCE SHEET AS OF OCTOBER 7, 1998 AND CONSOLIDATED  STATEMENT OF
OPERATIONS FOR THE PERIOD ENDED OCTOBER 7, 1998 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-30-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   OCT-07-1998
<CASH>                                         86,468
<SECURITIES>                                   0
<RECEIVABLES>                                  1,310
<ALLOWANCES>                                   0
<INVENTORY>                                    3,959
<CURRENT-ASSETS>                               115,589
<PP&E>                                         527,521
<DEPRECIATION>                                 195,984
<TOTAL-ASSETS>                                 457,832
<CURRENT-LIABILITIES>                          93,245
<BONDS>                                        42,836
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       450
<OTHER-SE>                                     291,421
<TOTAL-LIABILITY-AND-EQUITY>                   457,832
<SALES>                                        668,536
<TOTAL-REVENUES>                               668,536
<CGS>                                          571,605
<TOTAL-COSTS>                                  571,605
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             2,615
<INCOME-PRETAX>                                51,654
<INCOME-TAX>                                   19,760
<INCOME-CONTINUING>                            23,047
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   23,047
<EPS-PRIMARY>                                  .70
<EPS-DILUTED>                                  .67
        



</TABLE>