alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.37

 

AMENDMENT OF OPTION AGREEMENT

 

This Amendment to Option Agreement (“Amendment”) is entered into as of November 15, 2014 by and between Mission Broadcasting, Inc. (“Mission”) and Nexstar Broadcasting, Inc. (“Nexstar”).  Each of Mission and Nexstar may be referred to herein as a “party” and collectively as the “parties.”

 

WHEREAS, Mission is the Federal Communications Commission (“FCC”) licensee of television broadcast station WFXP, Erie, Pennsylvania (the “Station”).

 

WHEREAS, Nexstar, Mission and David S. Smith are parties to that certain Option Agreement dated as of December 1, 2005, which outlines the terms and conditions upon which Nexstar may purchase from Mission the assets of the Station consistent with the rules and written policies of the FCC (the “Option Agreement”).  Capitalized terms not otherwise defined herein shall have the meaning assigned to such terms in the Option Agreement.

 

WHEREAS, Mr. Smith passed away on March 28, 2011 and the parties desire to amend the Option Agreement to remove Mr. Smith as a party to the Option Agreement. 

 

WHEREAS, the Option Agreement’s expiration date is the ninth anniversary of the Option Agreement (e.g., November 30, 2014).

 

WHEREAS, the parties desire to extend the Option Agreement for an additional nine (9) year term.

 

WHEREAS, the parties desire to amend certain other terms of the agreement as set forth herein.

 

NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

 


	
1.
	
Removal of David S. Smith.  The parties hereby agree that David S. Smith is deemed removed as a party to the Option Agreement.




 


	
2.
	
Option Expiration Date.  The parties hereby agree to extend the expiration date of the Option Agreement to November 30, 2023.




 





	
3.
	
Notices.   Paragraph 10.6 is hereby revised to update the addresses for delivery of Notices to both parties as follows:




 

To Mission:Mission Broadcasting, Inc.
30400 Detroit Road, Suite 304
Westlake, OH 44145
Attention: Dennis Thatcher

With a copy (which shall not constitute notice) to:

Wiley Rein LLP

1776 K Street, NW

Washington, D.C. 20006

Attention:  Richard Bodorff

 

To Nexstar:


	

	
Nexstar Broadcasting, Inc.
545 E. John Carpenter Freeway
Suite 700
Irving, TX  75062
Attention: Perry Sook, President & CEO




With a copy (which shall not constitute notice) to:

Armand Della Monica, Esq.

Kirkland & Ellis

Citicorp Center

153 East 53rd Street

New York, NY  10022-4675


	
4.
	
No Other Amendment.  No terms of the Option Agreement, other than the Option Expiration Date, are amended or modified by this Amendment, and the Option Agreement, as so extended hereby, remains in full force and effect.




 

IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first written above.

 


		
	
MISSION BROADCASTING, INC.

 

 

 

By:/s/ Dennis Thatcher

     Dennis Thatcher

     President

 

 
	
NEXSTAR BROADCASTING, INC.

 

 

 

By:/s/ Elizabeth Ryder

     Elizabeth Ryder

     Senior Vice President & General Counsel
<PAGE>   1

EXHIBIT 11 - COMPUTATION OF EARNINGS PER SHARE


Earnings per common share were computed as follows:
<TABLE>
<CAPTION>
                                                    NINE MONTHS ENDED                            THREE MONTHS ENDED
                                           ---------------------------------------    ----------------------------------------
                                           SEPTEMBER 30, 1997   SEPTEMBER 30, 1996    SEPTEMBER 30, 1997   SEPTEMBER 30, 1996
<S>                                        <C>                  <C>                   <C>                  <C>
Net income applicable to common
  shares:                                     $1,176,131          $  191,000             $1,174,850             $  366,000
                                              ==========          ==========             ==========             ==========


Weighted average number of common
  shares and of common share equivalents:

Weighted average common shares                 5,565,074           5,508,057              5,565,074              5,565,325

Common share equivalents pursuant
  to APB 15                                      171,559             508,196                109,006                502,541
                                              ----------          ----------             ----------             ----------

Total primary weighted average number
  of common shares and common share
  equivalents                                  5,736,633           6,016,252              5,674,080              6,067,866

Additional shares for full dilution
  pursuant to APB 15                                  --                                         --
                                              ----------          ----------             ----------             ----------

Total fully diluted average number of
  common shares and common share
  equivalents                                  5,736,633           6,016,252              5,674,080              6,067,866
                                              ==========          ==========             ==========             ==========

Net income per share:
     Primary                                  $     0.21          $     0.03             $     0.21             $     0.06
                                              ==========          ==========             ==========             ==========
     Fully diluted                            $     0.21          $     0.03             $     0.21             $     0.06
                                              ==========          ==========             ==========             ==========

</TABLE>
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EXHIBIT 32

                CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND
                CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C.
                SECTION 1350, AS ADOPTED PURSUANT TO SECTION
                   906 OF THE SARBANES-OXLEY ACT OF 2002


     I, John A. Grillo, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Annual Report of National Energy Services Company, Inc. (the "Company") on
Form 10-KSB for the fiscal year ended October 31, 2005 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that the information contained in such Annual Report on Form 10-KSB fairly
presents in all material respects the financial condition and results of
operations of the Company.


February 13, 2006                       By: /s/ John Grillo
                                        ---------------------------
                                        John Grillo
                                        Chief Executive Officer and
                                        Chief Financial Officer


     This certification accompanies the Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

     A signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to the Company
and will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.
[No. 21200-5-II.

Division Two.

September 19, 1997.]

#### The State of Washington, *Respondent,*v. James Lee Fannon, *Appellant.*

Appeal from a judgment of the Superior Court for Cowlitz County, No. 96-1-00432-1, Don L. McCulloch, J., entered September 12, 1996. *Affirmed*by unpublished opinion per Houghton, C.J., concurred in by Seinfeld and Armstrong, JJ.
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Opinion issued October 2, 2014

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-14-00401-CV

———————————

FORREST KING, Appellant

V.

LUCINDA SILVA, Appellee

On Appeal from the 309th Judicial District Court

Harris County, Texas

Trial Court Cause No. 2013-06254

MEMORANDUM OPINION

Appellant, Forrest King, has neither paid the required fees nor established 

indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; see also 

TEX. GOV’T CODE ANN. §§ 51.207, 51.941(a), 101.041 (West 2013); Order 

Regarding Fees Charged in the Supreme Court, in Civil Cases in the Courts of 
2

Appeals, and Before the Judicial Panel on Multi-District Litigation, Misc. Docket 

No. 13-9127 (Tex. Aug. 16, 2013). After being notified by the Clerk of this Court

on June 5, 2014, that this appeal was subject to dismissal, appellant did not 

respond. See TEX. R. APP. P. 5, 42.3(c).

Accordingly, we dismiss the appeal for nonpayment of all required fees and 

for want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c). We dismiss any 

pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Jennings and Keyes.
**Exhibit 15.2**

 

**STATEMENT REGARDING AUDITORS’ CONSENT**

 

The consolidated financial statements of Tsakos Energy Navigation Limited (the “Company”) for the year ended 2001, included in theCompany’s Annual Report on Form 20-F, have been audited by Arthur Andersen (“Arthur Andersen”). On May 30, 2002, the Company dismissed Arthur Andersen as its independent public accountants and engaged Ernst & Young to serve as theCompany’s independent public accountants for the fiscal year ended 2002. After reasonable efforts, the Company has been unable to obtain Arthur Andersen’s consent to the incorporation by reference into this Annual Report on Form 20-F ofits audit report with respect to the Company’s financial statements referenced above. 

 

Under these circumstances, Rule 437a under the Securities Act permits the Company to file the Annual Report, which is incorporated by reference into the Company’s previously filed registration statements on FormS-8 (Nos. 333-104062 and 333-102860) without a written consent from Arthur Andersen. However, because Arthur Andersen has not consented to the inclusion of its report in this Annual Report on Form 20-F, as incorporated by reference into the abovereferenced registration statements, recovery by investors relying on any such registration statement that incorporates this Annual Report on Form 20-F by reference may be limited on certain claims. In particular, and without limitation, purchasersof securities under each such registration statement may not be able to assert claims against Arthur Andersen under Section 11(a) of the Securities Act for any untrue statements of a material fact contained in the financial statements referencedabove and incorporated therein or any omission of a material fact required to be stated therein. In addition, the ability of Arthur Andersen to satisfy any claims (including claims arising from Arthur Andersen’s provision of auditing and otherservices to the Company) may be limited as a practical matter due to recent events regarding Arthur Andersen.
# STATE OF LOUISIANA

COURTOFAPPEAL, FIRSTCIRCUIT
JEREMY WILLIAMS VERSUS NO. 2023 CW 1227
STUPP COATINGS, LLC 

### JANUARY 29, 2024

In Re:

BEFORE: Kandis Bradley, individually as spouse of Jeremy

Williams, Sr., and on behalf of her minor child, Kyleigh Williams, Daidrell Jackson, on behalf of her minor children, Jeremy Williams, Jr., Jermarion Baker, Houston Williams, and Jerney Jackson, and Alicia Maloid, on behalf of her minor child, A'layjah Maloid, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 703766. McCLENDON, HESTER, AND MILLER, JJ. WRIT GRANTED. The portion of the trial court's October 18, 2023 judgment which granted, in part, Stupp Coatings, LLC's motion for summary judgment and dismissed plaintiffs' claim that the conduct of Stupp Coatings, LLC constituted an intentional act is reversed. On de novo review, we conclude genuine issues of material fact exist as to whether Jeremy Williams' accident was " substantially certain" to occur. See Reeves v. Structural Pres . Sys . , 98 -1795 ( La . 3 /12 /99) , 731 So .2d 208 , 211 . Therefore, the motion for summary judgment on that claim is denied.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT PMc CHH SMM
Exhibit 32
  CERTIFICATION OF PERIODIC REPORT
  (1)
    
    the Quarterly Report on Form 10-Q of the Company for the quarter ended March 31, 2010 (the
Report) 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 Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
  /s/ Louis E. PrezeauLouis E. PrezeauPresident and Chief
Executive Officer CERTIFICATION OF PERIODIC REPORT
  (1)
    
    the Quarterly Report on Form 10-Q of the Company for the quarter ended March 31, 2010 (the
Report) 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 Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
  /s/ Edward R. WrightEdward R. WrightSenior Vice President and
Chief Financial Officer 27
**Exhibit 32 (ii)**

 

CERTIFICATION SECTION 1350

 

Inconnection with the Quarterly Report of Penns Woods Bancorp, Inc. (the “Company”)on Form 10-Q for the period ending September 30, 2010, as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,Brian L. Knepp, Chief Financial Officer, 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 fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)           the information contained in theReport fairly presents, in all material respects, the financial condition andresult of operations of the Company.

 
| /s/  Brian L. Knepp      |   |
|--------------------------|--------|
| Brian  L. Knepp          |   |
| Chief  Financial Officer |   |
|                     |   |
| November 9,  2010   |   |

 

1

----
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

January 31, 2014

t0128 

# Order

Clerk January 31, 2014

147318

STEFFAN GAYDOS,

Plaintiff

- Appel lee,

v SC: 147318

COA: 312725

Wayne CC: 10

- 013834

- CK

CITY OF ALLEN PARK,

Defendant

- Appellant,

and

CITY OF ALLEN PARK PENSION BOARD,

Defendant.

_________________________________________/

On order of the Court, the application for leave to appeal the May 16, 2013 order

of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of

granting leave to appeal, we REMAND this case to the Court of Appeals for

consideration, as on leave granted, of the plaintiff’s age discrimination claim. In all other

respects, leave to appeal is DENIED, because we are not persuaded that the remaining

questions presented should be reviewed by this Court.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          AUG-31-1997
<PERIOD-END>                               MAY-31-1997
<CASH>                                          358187
<SECURITIES>                                         0
<RECEIVABLES>                                  2160500
<ALLOWANCES>                                         0
<INVENTORY>                                     627926
<CURRENT-ASSETS>                               3707525
<PP&E>                                         1636385
<DEPRECIATION>                                 1098019
<TOTAL-ASSETS>                                 5584377
<CURRENT-LIABILITIES>                          1965456
<BONDS>                                              0
<COMMON>                                       5752635
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   (2152427)
<TOTAL-LIABILITY-AND-EQUITY>                   5584377
<SALES>                                        5309807
<TOTAL-REVENUES>                               5352307
<CGS>                                          2799358
<TOTAL-COSTS>                                  4960667
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               25829
<INCOME-PRETAX>                                 365811
<INCOME-TAX>                                     11200
<INCOME-CONTINUING>                             354611
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    354611
<EPS-PRIMARY>                                      .12
<EPS-DILUTED>                                      .12
        

</TABLE>