alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
ON (IDENTITY SPECIFIC FINANCIAL STATEMENTS) AND IS QUALIFIED IN ITS ENTIRETY 
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                         337,740
<SECURITIES>                                         0
<RECEIVABLES>                                5,638,275
<ALLOWANCES>                                 (111,396)           
<INVENTORY>                                          0
<CURRENT-ASSETS>                             8,873,355
<PP&E>                                       8,510,077
<DEPRECIATION>                               (688,641)       
<TOTAL-ASSETS>                              69,422,408
<CURRENT-LIABILITIES>                        5,702,624
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,525
<OTHER-SE>                                  40,065,185
<TOTAL-LIABILITY-AND-EQUITY>                69,422,408
<SALES>                                              0
<TOTAL-REVENUES>                            11,260,267
<CGS>                                                0
<TOTAL-COSTS>                                9,193,176
<OTHER-EXPENSES>                                10,137
<LOSS-PROVISION>                              (42,233)    
<INTEREST-EXPENSE>                              70,913
<INCOME-PRETAX>                              2,105,908
<INCOME-TAX>                                   800,198
<INCOME-CONTINUING>                          1,305,710
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,305,710
<EPS-PRIMARY>                                      .10
<EPS-DILUTED>                                      .10
        

</TABLE>
<PAGE>   1
                                                                   Exhibit 10.45




                        AMENDMENT OF EMPLOYMENT AGREEMENT


         THIS AMENDMENT TO EMPLOYMENT AGREEMENT, dated as of January 1, 1999 is
by and between American Physician Partners, Inc., a Delaware corporation (the
"Company"), and Mark S. Martin (the "Employee").

         WHEREAS, the parties to this Amendment entered into that certain
Employment Agreement, dated as of June 12, 1996, (the "Employment Agreement");
and

         WHEREAS, the Company and the Employee desire to enter into this
Amendment in order to reflect an increase in the Employee's base salary and to
make certain other amendments;

         NOW, THEREFORE, in consideration of the mutual covenants and conditions
set forth herein, the parties hereby agree as follows:

         1. The Employment Agreement is hereby amended to delete the existing
Section 3.1 and to add the following as a new Section 3.1:

         "Section 3.1 SALARY. For the performance of the Employee's duties
         hereunder, the Company shall pay the Employee an annual salary of
         $235,000, payable (less required withholdings) no less frequently than
         twice monthly."

         2. The Employment Agreement is hereby amended to add the following
language to the end of Section 5.2(b):

         "Employee shall be entitled to receive an additional six months of his
         then applicable salary, excluding bonus, if he is unable to secure a
         position with (i) reasonably equivalent duties and (ii) a cash
         compensation package substantially similar to his base salary at the
         time of termination (an "Equivalent Position"); provided, however, that
         payments pursuant to this sentence would be paid monthly and only until
         such time as the Employee secured an Equivalent Position."

         3. For purposes of delivering notice to the Company, the address that
should be inserted into Section 6.8 should be as follows:

         "American Physician Partners, Inc.
          3600 Chase Tower, 2200 Ross Avenue
          Dallas, Texas 75201-2776."


<PAGE>   2





         IN WITNESS WHEREOF, the undersigned parties have executed this
Amendment effective as of the date first written above.

                               AMERICAN PHYSICIAN PARTNERS, INC.



                               By:  /s/ Mark L. Wagar
                                    --------------------------------------------
                                    Mark L. Wagar
                                    Chairman, President and CEO


                               EMPLOYEE:



                               By:  /s/ Mark S. Martin
                                    --------------------------------------------
                                    Mark S. Martin
* Pursuant to Local Rule 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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 95-60107

_____________________

TIMOTHY R. WILSON,

Plaintiff-Appellee,

versus

NELSON HALL CHEVROLET, INC., ET AL.,

Defendants,

NELSON HALL CHEVROLET, INC.,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the

Southern District of Mississippi

(4:93-CV-83-LN)

_________________________________________________________________

January 12, 1996

Before JOLLY, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Defendant-appellant Nelson Hall Chevrolet, Inc. appeals the

district court's judgment in favor of plaintiff-appellee Timothy R.

Wilson. Having reviewed the record and briefs of the parties, we

affirm the district court's entry of judgment in favor of Wilson on

all issues except the award of interest.1 We dismiss Wilson's motion to supplement the record on appeal

as moot.

-2- The district court erred in awarding, as compensatory damages,

the full amount of interest Wilson paid on the note used to finance

the purchase of the automobile. The jury appears to have

determined that $6,000.00 was the actual value of the automobile at

the time of purchase. Wilson's trade-in allowance was $2,431.09,

which when subtracted from the actual value of the car leaves

$3,568.91 as the amount of the indebtedness on which Wilson was

lawfully obligated to pay interest. Thus, any interest Wilson paid

on that amount is not a component of the damages suffered by Wilson

on account of Nelson Hall's conduct. We therefore REVERSE only

that portion of the judgment constituting the interest on that

amount and REMAND for recalculation of damages based on the

foregoing.

AFFIRMED in part and

REVERSED and REMANDED in part. 1
# Official Journal C 138/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 138 |
| | |
| English edition | Information and Notices | Volume 5920 April 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 138

English edition

Information and Notices

Volume 5920 April 2016

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 138/1 | Euro exchange rates | 1 |
| 2016/C 138/2 | Commission communication in the framework of the implementation of Directive 2014/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (Publication of titles and references of harmonised standards under Union harmonisation legislation)
   (
  1
  ) | 2 |
| 2016/C 138/3 | Commission communication in the framework of the implementation of Directive 2014/33/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (Publication of titles and references of harmonised standards under Union harmonisation legislation)
   (
  1
  ) | 4 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 138/1

Euro exchange rates

1

2016/C 138/2

Commission communication in the framework of the implementation of Directive 2014/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (Publication of titles and references of harmonised standards under Union harmonisation legislation)
   (
  1
  )

(Publication of titles and references of harmonised standards under Union harmonisation legislation)

1

2

2016/C 138/3

Commission communication in the framework of the implementation of Directive 2014/33/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (Publication of titles and references of harmonised standards under Union harmonisation legislation)
   (
  1
  )

(Publication of titles and references of harmonised standards under Union harmonisation legislation)

1

4

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2016/C 138/4 | Prior notification of a concentration (Case M.7987 — Towerbrook/Infopro Digital) (
  1
  ) | 8 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2016/C 138/4

Prior notification of a concentration (Case M.7987 — Towerbrook/Infopro Digital) (
  1
  )

1

8

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
#### In re BOENING.

(Supreme Court, Appellate Division, Second Department.

October 4, 1907.)

In the matter of William C. Boening.

No opinion. Order affirmed, with $10 costs and disbursements.
EXHIBIT 32.1



SECTION 1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and in connection with the Annual Report on Form 10-K of Caremark
Rx, Inc. (the Corporation) for the period ended December 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, the Chief Executive Officer of the Corporation,
certifies 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 results of operations of the Corporation.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------



Date: February 28, 2005



|                       
|-----------------------
|/s/ E. Mac Crawford    
|E. Mac Crawford        
|Chief Executive Officer
##### Table of Contents



SECURITIES AND EXCHANGE COMMISSION
 WASHINGTON, DC 20549
 FORM 20-F/A
 Amendment No. 1
 o
    
    REGISTRATION STATEMENT PURSUANT TO SECTION 12(b)
OR (g) OF THE SECURITIES EXCHANGE ACT OF 1934
 OR
 þ
    
    ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
 For the fiscal year ended: December 31, 2006
 OR
 o
    
    TRANSITION REPORT PURSUANT TO SECTION 13
OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 For the transition period from  to
 Commission file number: 2-6860
 Lihir Gold Limited
  
 
   
  Lihir Gold Limited Ordinary Shares of no par value
    
    NASDAQ National Market*American Depositary Shares, each of which represents ten
    
    NASDAQ National MarketLihir Gold Limited Ordinary Shares and which areevidenced by American Depositary Receipts
 
 *
    
    Not for trading but only in connection with the registration of the American Depositary Shares
representing such shares, pursuant to the requirements of the Securities and Exchange Commission.
 
   
  Lihir Gold Limited Ordinary Shares of no par value:
    
    1,284,048,639 fully paid sharesLihir Gold Limited Treasury B Shares
    
    
    161,527,405Lihir Gold Limited Restricted Executive Shares
    
    
    176,071
 
  þ o
  o þ
   þ o
  þ o o
 Indicate by check mark which financial statement item the registrant has elected to follow.Item 17 o
    
    Item 18 þ
 If this is an Annual Report, indicate by check mark whether the registrant is a shell company
(as defined in Rule 12b-2 of the Exchange Act
 o þ




---



TABLE OF CONTENTS  EXPLANATORY NOTEITEM 19. EXHIBITSSIGNATURESEX-99.12.A: CERTIFICATIONEX-99.12.B: CERTIFICATION    Table of Contents  
 EXPLANATORY NOTE
    3




---



##### Table of Contents



ITEM 19. EXHIBITS
    
  4




---



##### Table of Contents



SIGNATURES
  LIHIR GOLD LIMITED(Registrant)/s/ A. Hood

Name: A. HoodTitle: Chief Executive OfficerDate: April 18, 2007
 5
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           1,980
<SECURITIES>                                         0
<RECEIVABLES>                                   32,814
<ALLOWANCES>                                     7,014
<INVENTORY>                                     32,565
<CURRENT-ASSETS>                                62,055
<PP&E>                                          39,856
<DEPRECIATION>                                   7,594
<TOTAL-ASSETS>                                 116,046
<CURRENT-LIABILITIES>                          148,237
<BONDS>                                              0
<PREFERRED-MANDATORY>                           49,351
<PREFERRED>                                          0
<COMMON>                                         2,485
<OTHER-SE>                                   (118,127)
<TOTAL-LIABILITY-AND-EQUITY>                   116,046
<SALES>                                        176,733
<TOTAL-REVENUES>                               176,733
<CGS>                                          138,633
<TOTAL-COSTS>                                  138,633
<OTHER-EXPENSES>                               131,793
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              19,916
<INCOME-PRETAX>                              (113,609)
<INCOME-TAX>                                     1,632
<INCOME-CONTINUING>                          (115,241)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (115,241)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        


</TABLE>
UNITED STATES BANKRUPTCY COURT

In re: § Case No.

§

CHAPTER 13 STANDING TRUSTEE'S FINAL REPORT AND ACCOUNT

Lane, Michael 10 B 01355

NORTHERN DISTRICT OF ILLINOIS

§

§

Debtor

Marilyn O. Marshall, chapter 13 trustee, submits the following Final Report and Account of the

administration of the estate pursuant to 11 U.S.C. § 1302(b)(1). The trustee declares as follows:

 1) The case was filed on 01/15/2010.

 2) The plan was confirmed on (NA).

 3) The plan was modified by order after confirmation pursuant to 11 U.S.C. § 1329 

on (NA).

 4) The trustee filed action to remedy default by the debtor in performance under the

plan on (NA).

 5) The case was dismissed on 05/26/2010.

 6) Number of months from filing or conversion to last payment: 2.

 7) Number of months case was pending: 6.

 8) Total value of assets abandoned by court order: (NA).

 9) Total value of assets exempted: $1,000.00.

 10) Amount of unsecured claims discharged without full payment: $0.

 11) All checks distributed by the trustee relating to this case have cleared the bank. 

EASTERN DIVISION

UST Form 101-13-FR-S (09/01/2009)

Case 10-01355 Doc 36 Filed 07/20/10 Entered 07/20/10 15:31:47 Desc Page 1

 of 4
Total paid by or on behalf of the debtor

Receipts:

$200.00

Less amount refunded to debtor $200.00

NET RECEIPTS: $0

Attorney's Fees Paid Through the Plan

Expenses of Administration:

$0

Court Costs $0

TOTAL EXPENSES OF ADMINISTRATION: $0

Trustee Expenses & Compensation $0

Other $0

Attorney fees paid and disclosed by debtor: $0

Scheduled Creditors:

Creditor

Name Class

Claim

Scheduled

Int.

Paid

Claim

Asserted

Claim

Allowed

Principal

Paid

UST Form 101-13-FR-S (09/01/2009)

Case 10-01355 Doc 36 Filed 07/20/10 Entered 07/20/10 15:31:47 Desc Page 2

 of 4
Mortgage Ongoing

Summary of Disbursements to Creditors:

$0

Interest

Paid

Claim

Allowed

Principal

Paid

Secured Payments:

$0 $0

Mortgage Arrearage $0 $0 $0

Debt Secured by Vehicle $0 $0 $0

All Other Secured $0 $0 $0

TOTAL SECURED: $0 $0 $0

Domestic Support Arrearage $0

Priority Unsecured Payments:

$0 $0

Domestic Support Ongoing $0 $0 $0

All Other Priority $0 $0 $0

TOTAL PRIORITY: $0 $0 $0

GENERAL UNSECURED PAYMENTS: $0 $0 $0

Expenses of Administration

Disbursements:

$0

Disbursements to Creditors $0

TOTAL DISBURSEMENTS: $0

UST Form 101-13-FR-S (09/01/2009)

Case 10-01355 Doc 36 Filed 07/20/10 Entered 07/20/10 15:31:47 Desc Page 3

 of 4
 This Uniform Form is associated with an open bankruptcy case, therefore, Paperwork 

Reduction Act exemption 5 C.F.R. § 1320.4(a)(2) applies. 

STATEMENT:

 12) The trustee certifies that, pursuant to Federal Rule of Bankruptcy Procedure 5009, the

estate has been fully administered, the foregoing summary is true and complete, and all administrative

matters for which the trustee is responsible have been completed. The trustee requests a final decree

be entered that discharges the trustee and grants such other relief as may be just and proper. 

Date: July 20, 2010

Trustee

By:

/s/ MARILYN O. MARSHALL

UST Form 101-13-FR-S (09/01/2009)

Case 10-01355 Doc 36 Filed 07/20/10 Entered 07/20/10 15:31:47 Desc Page 4

 of 4
#### Angel Minor, Respondent, v 1265 Morrison, LLC, et al., Appellants, et al., Defendant.

[947 NYS2d 167]

In an action to recover damages for personal injuries, the defendants 1265 Morrison, LLC, and David Yadegar appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Strauss, J.), entered December 8, 2011, as denied that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant 1265 Morrison, LLC.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff alleged that she was injured in a stairway of the apartment building where she lived when she tripped on a defective step due to it being misleveled, with portions of concrete missing. At the time of the accident, the apartment building was owned by the defendant 1265 Morrison, LLC (hereinafter 1265 Morrison), and managed by the defendant David Yadegar (hereinafter together the defendants).

A defendant property owner who moves for summary judgment in a premises liability case has the initial burden of making a prima facie showing that it neither created the hazardous condition nor had actual or constructive notice of its existence *(see Bravo v 564 Seneca Ave. Corp.,*83 AD3d 633, 634 [2011]; *Bloomfield v Jericho Union Free School Dist.,*80 AD3d 637, 638 *1025[2011]; *Pryzywalny v New York*City *Tr. Auth.,*69 AD3d 598 [2010]). “A defendant has constructive notice of a hazardous condition on property when the condition is visible and apparent, and has existed for a length of time sufficient to afford the defendant a reasonable opportunity to discover and remedy it” *(Bravo v 564 Seneca Ave. Corp.,*83 AD3d at 634).

As the Supreme Court correctly determined, the defendants failed to make a prima facie showing of 1265 Morrison’s entitlement to judgment as a matter of law. Here, the defendants failed to submit any evidence, aside from Yadegar’s self-serving and conclusory remarks, to demonstrate when the subject stairway was last inspected prior to the accident *(see Pryzywalny v New York City Tr. Auth.,*69 AD3d at 599). Additionally, the photographs submitted by the defendants, which the plaintiff alleged were taken the day of the accident and which depicted the step in question at the time of her fall, also raised triable issues of fact as to whether the visible and apparent condition existed for a sufficient length of time for 1265 Morrison to have discovered and remedied the defect *(see Bravo v 564 Seneca Ave. Corp.,*83 AD3d at 635).

In light of the defendants’ failure to meet their prima facie burden, the Supreme Court properly denied that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted against 1265 Morrison, and it is not necessary to consider the sufficiency of the plaintiffs opposition *(see generally Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]). Mastro, A.P.J., Florio, Chambers and Roman, JJ., concur.
Exhibit 10.2





Exhibit 10.2




Amendment Number 2 to

Securities Purchase Agreement




This Amendment Number 2 to Securities Purchase Agreement, dated December 30, 2009 (the
“Amendment”), is by and between Image Entertainment, Inc., a Delaware corporation (the
“Company”), JH Partners, LLC, as the Investor Representative, and the several Investors
listed on Schedule 1 to the Securities Purchase Agreement dated December 21, 2009 (the
“Purchase Agreement”).



WHEREAS, by letter agreement dated December 24, 2009, the parties hereto amended Section
12.15(e) of the Purchase Agreement to change “December 24, 2009” to “December 29, 2009;” and



WHEREAS. the parties wish to amend certain other provisions of the Purchase Agreement.



NOW THEREFORE, the parties hereto agree as follows:



1. Capitalized terms used herein without definition have the meanings ascribed to them in the
Purchase Agreement.



2. Section 6.9 of the Purchase Agreement is hereby amended to read in its entirety as follows:




6.9 Board of Directors. The Board shall have taken all actions necessary and
appropriate to appoint Messrs. Michael John and Patrick Collins and one other person
nominated by the Investors (the “JH Designees”) to the Board effective as of the
Initial Closing Date. The Company shall have provided the Investors with evidence
satisfactory to them of the taking of such actions and the resignations of all members of
the current Board.



3. A new Section 10.10 is added to the Purchase Agreement as follows:




10.10 Management Fee. The Company shall pay the Investor Representative or
its designee a management fee of $300,000 on December 31, 2010 and $300,000 on December 31,
2011.



On and after the date hereof, each reference in the Purchase Agreement to the “Agreement”
shall mean the Purchase Agreement as amended hereby. Except as specifically amended above, the
Purchase Agreement shall remain in full force and effect is hereby ratified and confirmed.



	 	 	 	 	 
	 	IMAGE ENTERTAINMENT, INC.

 	 
	 	By:  	/s/ Jeff M. Framer
 	 
	 	 	Name:  	Jeff M. Framer 	 
	 	 	Title:  	President and CFO 	 
	 
	 	JH PARTNERS, LLC, as the Investor Representative

 	 
	 	By:  	/s/ John Hansen	 
	 	 	Name:  	 	 
	 	 	Title: