alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Unassociated Document



    
      

    

    

      AMENDED EMPLOYMENT
AGREEMENT

      


      Agreement
entered into as of this 26th day of October 2009, between J. Robert Saron
(“Employee”) and Bovie Medical Corporation, (“Employer”)

      


      WHEREAS, the parties have
heretofore entered into an Employment Agreement (the “Agreement”) dated February
1, 2000, as the same has been amended pursuant to the Board Resolutions dated
January 23, 2002, January 6, 2004, November 15, 2006, and October 26, 2009;
and

      


      WHEREAS, the parties are
desirous of memorializing the effect of the aforementioned resolutions and
further amending said Agreement on the terms hereinafter set forth.

      


      NOW THEREFORE, in
consideration of the premises and covenants herein contained,

      


      IT
IS HEREBY AGREED:

      


      
        	
                1.

              	
                Paragraph
      3 of the Agreement is hereby amended in its entirety to read as
      follows:

              


      

      


      TERM:
The initial term of employment under this Agreement shall be effective as of the
1st day
of February, 2000, and shall continue until January 31, 2014 or until terminated
as hereinafter provided. After January 31, 2014, the term of this Agreement
shall be automatically extended for continuous terms of one year each unless the
Employer provides the Employee with written notice of termination at least nine
months prior to the date the Employer plans to terminate.

      


      
        	
                2.

              	
                Except
      as amended hereby, the Agreement is hereby ratified and
      approved.

              


      

      


      IN WITNESS WHEREOF the parties
have set forth their signatures this ­­­­­­30th day of
November, 2009.

      


      
        	 
      	
                BOVIE
      MEDICAL CORPORATION

              
	 
      	 
      	 
      
	 
      	
                By:

              	
                /s/ Andrew Makrides

              
	 
      	 
      	
                Andrew
      Makrides, President

              
	 
      	 
      	 
      
	 
      	 
      	 
      
	 
      	 
      	
                /s/ J. Robert Saron

              
	 
      	 
      	
                 J.
      Robert Saron
<PAGE>   1


                                  EXHIBIT 11.1

                       COMPUTATION OF EARNINGS PER SHARE





<TABLE>
<CAPTION>
                                                             Three Months
                                                           Ended December 31
                                                           ----------------
                                                              
                                                     1996                     1995
                                                      ---                     ----
<S>                                             <C>                       <C>
Net Income (Loss)                              $   (854,416)             $(4,462,141)         
                                                                                              

Weighted Average
Common Shares
Outstanding                                      18,248,180                7,939,797 
                                               ------------              -----------

Net Income
(Loss) per
Common Share                                         $(0.05)                  $(0.56)
                                               ============              ===========


</TABLE>






<TABLE>
<CAPTION>



                                                              Six Months
                                                           Ending December 31
                                                           ------------------
                                                     1996                     1995
                                                     ----                     ----
<S>                                             <C>                       <C>
Net Income (Loss)                               $(2,178,583)             $(6,318,268)         
                                                                                              

Weighted Average
Common Shares
Outstanding                                      17,202,142                7,826,498 
                                               ------------              -----------

Net Income
(Loss) per
Common Share                                         $(0.13)                  $(0.81)
                                               ============              ===========




</TABLE>

                                       15
|   | (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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ Kulwant Sandher                                                                                 |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Kulwant Sandher                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
| Chief Financial Officer(Principal Financial Officer and Principal Accounting Officer)                                                                                                                                                                                                                                                                                                                                                                                                                          |
| March 30, 2011                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
Exhibit 32.2

Statement of Chief Financial Officer

Pursuant to Section 1350 of Title 18 of
the United States Code

Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned, Henry P. Herms,
the Vice President - Finance and Chief Financial Officer of CopyTele, Inc., hereby certifies that:



| | 1. | The Companys Form 10-Q Quarterly Report for the period ended July 31, 2011 (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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |  |  |                             
|------------------ |  |  |  | ----------------------------
|                   |  |  |  | /s/ Henry P. Herms          
|                   |  |  |  | Henry P. Herms              
|                   |  |  |  | Vice President - Finance and
|September 14, 2011 |  |  |  | Chief Financial Officer
<TABLE> <S> <C>



                                             

                            
<ARTICLE>                              5                               
<MULTIPLIER>                           1
<PERIOD-TYPE>                      3-MOS
<FISCAL-YEAR-END>            SEP-30-1997
<PERIOD-END>                 DEC-31-1996
<CASH>                             1,404 
<SECURITIES>                           0
<RECEIVABLES>                 12,414,554
<ALLOWANCES>                           0
<INVENTORY>                   11,272,926
<CURRENT-ASSETS>              27,222,938
<PP&E>                         4,991,491
<DEPRECIATION>                         0
<TOTAL-ASSETS>                39,191,820
<CURRENT-LIABILITIES>         17,480,176
<BONDS>                                0
<COMMON>                      11,575,651                              
<PREFERRED-MANDATORY>                  0
<PREFERRED>                            0
<OTHER-SE>                     8,325,471
<TOTAL-LIABILITY-AND-EQUITY>  39,191,820
<SALES>                       19,594,397
<TOTAL-REVENUES>              19,594,397
<CGS>                         16,965,507
<TOTAL-COSTS>                          0
<OTHER-EXPENSES>                       0 
<LOSS-PROVISION>                       0
<INTEREST-EXPENSE>              (157,299)
<INCOME-PRETAX>                 (918,641)
<INCOME-TAX>                    (193,588)
<INCOME-CONTINUING>             (918,641)
<DISCONTINUED>                         0
<EXTRAORDINARY>                        0
<CHANGES>                              0
<NET-INCOME>                    (725,053)
<EPS-PRIMARY>                      (0.16) 
<EPS-DILUTED>                      (0.16)


</TABLE>
(120 App. Div. 388.)

#### PEOPLE v. BURNHAM.

(Supreme Court, Appellate Division, First Department.

June, 1907.)

Larceny—Evidence—Admissibility.

Proof that defendant was an officer of a corporation does not justify admitting all the books of the corporation as evidence against him, on a trial for larceny of its funds, without proof of further connection of defendant with the books or entries.

The conviction of George Burnham, Jr., of larceny of the funds of a corporation, having been reversed, and a new trial ordered (104 N. *58Y. Supp. 725), the state moves for reargument, and for resettlement of order. Motion denied.

Argued before McLAUGHLIN, INGRAHAM, CLARKE, HOUGHTON, and LAMBERT, JJ.

W. T. Jerome, for the motion.

S. T. Tyng, opposed.

PER CURIAM.

A reconsideration of the questions involved on this appeal, in the .light of the criticism of the opinion by the learned district attorney, fails to disclose that the court overlooked any material facts or any controlling authority, or that any grounds exist which would justify the court in ordering a reargument. The reference in the opinion to the admission of the entries in the books of the corporation related solely to such entries against the defendant, who is not shown to have had anything to do with the books, or any knowledge of their contents, or any connection with the entries; and the statement that the books of a corporation are not evidence against an officer of a corporation in a criminal proceeding against him, of course, refers only to books or entries where it was not shown that the person against whom the entries were offered had any knowledge of the entries or any connection with the books. What we decided was that mere proof that defendant was an officer of the corporation did not justify the court in admitting all the books of the corporation as evidence against him in a criminal proceeding, without proof of further connection of the defendant with the books or entries. The motion for reargument is therefore denied.

The reversal was distinctly upon the ground that upon the facts proved the judgment of conviction could not be sustained. The application for a resettlement of the order is therefore denied.
#### London & Lancashire Fire Ins. Co. v. Cummings *et al.*

No. 527.

Opinion Filed January 26, 1909.

(99 Pac. 654.)

APPEAL AND ERROR — Case-Made—Time of Making. The trial judge has no power, after the time fixed toy order .of the court at the time of overruling motion for new trial 'has elapsed, to extend the time for making and serving a case-made.

(Syllabus by the Court.)

*Error from, District*Court, *Pontotoc County; A. T.*West, *Fried Judge.*

Action by C. C. Cummings and others against the London & Lancashire Fire Insurance Company. Judgment for plaintiffs, and defendant brings error.

Dismissed.

This( action was brought in the trial court by defendants in error against plaintiff in error to recover upon a fire insurance policy. Judgment was rendered in favor of defendants in error on the 4th day of May, .1908. On the 8th day of May, 1908, motion for a new trial was overruled, and plaintiff in error was given 60 days in which to prepare and serve a case-made. On the 22d day of July, 1908, after the expiration of the time originally granted by the court to prepare and serve a case-made, further time in which to prepare and serve a case- made until the 20th day of August, 1908, was granted by the trial judge to plaintiff *127in error. Service of the case-made was had on the 13th day of August, 1908. Defendants in error have filed a motion to strike from the files the case-made and dismiss the appeal, for the reason that the order of the court extending the time within which to make and serve a case-made was void, and the case-made was not served within the time originally fixed by the court, and that nothing is presented to this court for review.

*Galbraith & McKeoiun, E. L. Fulton,*and *G. W. Stringer,*for plaintiff in error.

*Furman & Groxton*and *Bullock &*Kerr, for defendant in error.

Hayes, J.

(after stating the facts as above). It clearly appears that the order extending the time within which to prepare and serve the case-made was not granted until after the expiration of the time allowed by the court in which to prepare and serve the same. It is well settled that neither the court nor the judge thereof in vacation after the time granted in which to prepare and serve a case-made has expired has the power to extend the time previously granted by the court in which to make and serve a ease-made. *Abel v. Blair,*3 Okla. 399, 41 Pac. 342; *United States v. C., O. & G. Ry. Co. et al.,*3 Okla. 404, 41 Pac. 729; *Sigman v. Poole,*5 Okla. 677, 49 Pac. 944; *Blanchard v. United States,*6 Okla. 587, 52 Pac. 736; *Board of County Commissioners of Day County v. Hubble,*8 Okla. 209, 57 Pac. 163; *Noyes v. Tootle,*8 Okla. 505, 58 Pac. 652; *Board of Commissioners of Garfield County v. Porter,*19 Okla. 173, 92 Pac. 152.

The assignment of error relied upon by plaintiff in error for reversal are such as can be presented only by ease-made. There is therefore nothing before this court for .review, and the motion is sustained, and the appeal dismissed.

All the Justices concur.
Exhibit 32.1

                            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  Annual  Report  of  Procera  Networks,  Inc. a Nevada
corporation  (the  "Company")  on Form 10-KSB for the period ending December 29,
2003,  as  filed  with the Securities and Exchange Commission on the date hereof
(the  "Report"),  Douglas  J.  Glader,  Chief  Executive Officer of the Company,
certifies  to  the  best  of  his  knowledge, pursuant to 18 U.S.C. ss. 1350, as
adopted  pursuant  to  ss.  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  of  1934;  and
     (2)  The  information  contained  in  the  Report  fairly  presents, in all
          material respects, the financial condition and result of operations of
          the  Company.

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


/s/  Douglas  J.  Glader
--------------------------
Douglas  J.  Glader
Chief  Executive  Officer
March  16,  2004




<PAGE>
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Barry Chad Beal, * From the 42nd District

 Court of Coleman County,

 Trial Court No. 2564.

Vs. No. 11-13-00258-CR * August 21, 2014

The State of Texas, * Memorandum Opinion by Bailey, J.

 (Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.)

This court has inspected the record in this cause and concludes that there is 

no error in the judgment below. Therefore, in accordance with this court’s 

opinion, the judgment of the trial court is in all things affirmed.
#### Edward N. Dickerson et al., Respondents, *v.*Simon Scheuer et al., Appellants.

(Argued April 21, 1890;

decided May 6, 1890.)

Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made *672June 25, 1888, which affirmed a judgment in favor of plaintiffs entered upon a verdict and affirmed an order denying *sí*motion for a new trial

*Lymam, Findslcojof*for appellants.

*Hemry G. And/rews*for respondents.

Agree to affirm ; no opinion.

All concur.

Judgment affirmed.
# L_2008140EN.01001601.xml

| 30.5.2008 | EN | Official Journal of the European Union | L 140/16 |
| --- | --- | --- | --- |

30.5.2008

EN

Official Journal of the European Union

L 140/16

---

COMMISSION REGULATION (EC) No 477/2008

of 29 May 2008

establishing that no award shall be made in the framework of the standing invitation to tender of white sugar provided for in Regulation (EC) No 1060/2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph and point (b) of the third subparagraph of Article 33(2) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1060/2007 of 14 September 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden (2) requires the issuing of partial invitations to tender. |
| --- | --- |

(1)

Commission Regulation (EC) No 1060/2007 of 14 September 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden (2) requires the issuing of partial invitations to tender.

| (2) | Pursuant to Article 4(1) of Regulation (EC) No 1060/2007 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 28 May 2008, it is appropriate to decide that no award shall be made for that partial invitation to tender. |
| --- | --- |

(2)

Pursuant to Article 4(1) of Regulation (EC) No 1060/2007 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 28 May 2008, it is appropriate to decide that no award shall be made for that partial invitation to tender.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the partial invitation to tender ending on 28 May 2008, for the product referred to in Article 1(1) of Regulation (EC) No 1060/2007, no award shall be made.

Article 2

This Regulation shall enter into force on 30 May 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 May 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1). Regulation (EC) No 318/2006 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 October 2008.

1

(2)  
  OJ L 242, 15.9.2007, p. 8. Regulation as last amended by Regulation (EC) No 148/2008 (OJ L 46, 21.2.2008, p. 9).

2

---