alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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<PAGE>   1

EXHIBIT 12.1

SUMMIT PROPERTIES PARTNERSHIP, L.P.
CALCULATION OF RATIO OF EARNINGS TO FIXED CHARGES
NINE MONTHS ENDED SEPTEMBER 30, 2000
(DOLLARS IN THOUSANDS)

<TABLE>
<S>                                                           <C>
Income before extraordinary items...........................  $64,097
Interest:
  Expense incurred..........................................   28,544
  Amortization of deferred financing costs..................      731
  Rental fixed charges......................................      188
                                                              -------
          Total Earnings....................................  $93,560
                                                              =======
Fixed charges:
  Interest expense..........................................  $28,544
  Interest capitalized......................................    7,594
  Dividends to preferred unitholders in Operating
     Partnership............................................    9,315
  Rental fixed charges......................................      188
  Amortization of deferred financing costs..................      731
                                                              -------
          Total fixed charges...............................  $46,372
                                                              =======
Ratio of earnings to fixed charges..........................     2.02
                                                              =======
</TABLE>
Document Headings

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                -                       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 Justice

###### Antitrust Division

                    Notice is hereby given that, on July 7, 2021, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), 3D PDF Consortium, Inc. (“3D PDF”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Adobe Systems Incorporated, San Jose, CA, has withdrawn as a party to this venture.                

No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and 3D PDF intends to file additional written notifications disclosing all changes in membership.

                    On March 27, 2012, 3D PDF filed its original notification pursuant to Section                           ( print page 47151)                        6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on April 20, 2012 (77 FR 23754).                

                    The last notification was filed with the Department on January 22, 2021. A notice was published in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on February 12, 2021 (86 FR 9376).                

Suzanne Morris,

Chief, Premerger and Division Statistics, Antitrust Division.

[FR Doc. 2021-18010 Filed 8-20-21; 8:45 am]

BILLING CODE P
<PAGE>   1
Exhibit 3.39


                          AMENDED AND RESTATED BY-LAWS

                         Adopted as of November 1, 1996

                             ARTICLE I SHAREHOLDERS

         Section 1. Annual Meeting. The annual meeting of the shareholders shall
be held in the month of June in each year or at such other time as shall be
fixed by the Board of Directors, for the purpose of electing directors and for
the transaction of such other business as may come before the meeting.

         Section 2. Notice of Meeting. Written notice stating the place, day and
hour of the meeting and, in case of a special meeting, the purpose or purposes
for which the meeting is called, shall, unless otherwise prescribed by statute,
be delivered not less than ten (10) nor more than sixty (60) days before the
date of the meeting, either personally or by mail, or at the direction of the
president, or the secretary, or the officer or other persons calling the
meeting.

                          ARTICLE II BOARD OF DIRECTORS

         Section 1. Number, Tenure and Qualifications. The number of directors
of the corporation shall be not less than one (1) nor more than four (4) as
established by the Board of Directors from time to time. Each director shall
hold office until the next annual meeting of shareholders and until his
successor shall have been elected and qualified. Directors need not be residents
of the state of incorporation of the corporation or shareholders of the
corporation.

         Section 2. Regular and Special Meetings. The Board of Directors may
call regular and special meetings.

                              ARTICLE III OFFICERS

         Section 1. Number. The officers of the corporation shall be a
president, vice president, a secretary and a treasurer, all of whom shall be
elected or appointed by the Board of Directors. Such other officers and
assistant officers as may be deemed necessary may be elected or appointed by the
Board of Directors. Any two or more offices may be held by the same person.

         Section 2. Election and Term of Office. The officers of the corporation
shall be elected annually by the Board of Directors. Each officer shall hold
office until his successor shall have been elected and shall have qualified or
until his death or until he shall resign or shall have been removed in the
manner hereinafter provided.
<PAGE>   2
                             ARTICLE IV FISCAL YEAR

         The fiscal year of the corporation shall begin on the 1st day of
January and end on the 31st day of December in each year.

                                        2
#### COLBY et al., Appellants, v. DOTY, Respondent.

(Supreme Court, General Term, Fifth Department.

December 28, 1895.)

Action by Zaecheus Colby and others against *1124James H. Doty.

No opinion. Interlocutory judgment affirmed, with costs.
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Roberta  Harris
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<PAGE>   1


                                                                      Exhibit 2l

                      SUBSIDIARIES OF WOLVERINE TUBE, INC.

<TABLE>
<CAPTION>
Name                                               Jurisdiction of Incorporation
----                                               -----------------------------

<S>                                                <C>
Wolverine Tube (Canada) Inc.                       Canada
STPC Holding, Inc.                                 Delaware
Small Tube Manufacturing Corporation               Delaware
Wolverine Tube International Limited               Virgin Islands of the United States
TFI Holdings, Inc.                                 Delaware
TF Investors, Inc.                                 Delaware
Tube Forming, LP                                   Delaware
Wolverine Finance Company                          Tennessee
Wolverine Europe (EURL)                            France
Wolverine Asia, Ltd.                               Hong Kong
Wolverine China Investments LLC                    Delaware
Wolverine Tube (Shanghai) Co. Ltd.                 China
</TABLE>
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1233 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1233

  To terminate the taxes imposed by the Internal Revenue Code of 1986 
   other than Social Security and railroad retirement-related taxes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 29, 1997

 Mr. Brownback introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To terminate the taxes imposed by the Internal Revenue Code of 1986 
   other than Social Security and railroad retirement-related taxes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TERMINATION OF INTERNAL REVENUE CODE OF 1986.

    (a) In General.--Except as provided in subsection (b), no tax shall 
be imposed by the Internal Revenue Code of 1986--
            (1) for any taxable year beginning after December 31, 2000, 
        and
            (2) in the case of any tax not imposed on the basis of a 
        taxable year, on any taxable event or for any period after 
        December 31, 2000.
    (b) Exceptions.--Subsection (a) shall not apply to taxes imposed 
by--
            (1) chapter 2 (relating to tax on self-employment income),
            (2) chapter 21 (relating to Federal Insurance Contributions 
        Act), and
            (3) chapter 22 (relating to Railroad Retirement Tax Act).
                                 <all>
```
biol-ex109_188.htm



Ex 10.9

 

 

 

Biolase, Inc.
4 Cromwell
Irvine, California 92618

April 12, 2020

Todd Norbe 

c/o Biolase, Inc.

4 Cromwell

Irvine, California 92618 

Re: Amendment to Employment Agreement 

Dear Mr. Norbe:

This letter agreement shall serve to amend that certain Employment Agreement, dated August 7, 2018 (the “Employment Agreement”), by and between Biolase, Inc. (the “Company”) and Todd Norbe. Capitalized terms used herein by not defined shall have those means ascribed to them in the Employment Agreement. 

 

Effective as of April 12, 2020, the parties hereby agree as follows:

 

1.In light of Executive’s voluntary offer to reduce his base salary by forty percent (40.0%), in connection with the Company’s COVID-19 cost reduction measures, Section 3 of the Employment Agreement is hereby amended such that the provision that Executive be paid “at the annual rate of not less than $400,000.00 per annum” shall read “at the annual rate of not less than $240,000.00 per annum” for a temporary period of time running from the date hereof, through the date that management presents, and the Company’s Board of Directors approves, the return-to-work plan wherein the Company’s furlough is fully lifted. In addition, the Company agrees to make every effort during the 2020 fiscal year, to the extent possible depending on the financial condition and performance of the Company, to keep Executive whole in connection with the Employment Agreement as it existed prior to the Amendment. 

 

This letter agreement amends certain terms and conditions of the Employment Agreement. All other terms and conditions of the Employment Agreement that are not modified by this letter agreement are hereby ratified and confirmed in all respects, and shall remain in full force and effect. Should there be any conflict between the terms and conditions contained in this letter agreement and the Employment Agreement, the terms and conditions of this letter agreement shall govern and control.

 



Ex 10.9

 

 

 

Please acknowledge your agreement to the foregoing terms and conditions by countersigning this letter agreement in the space provided below.

Very truly yours,

BIOLASE, INC.

 

By: /s/ Jonathan T. Lord

Name: Jonathan T. Lord

Chair: Chairman of the Board of Directors

 

 

ACKNOWLEDGED AND AGREED:

 

 

 

/s/ Todd Norbe

Todd Norbe
# EUR-Lex - 52006DP0479 - EN

Important legal notice

*|*

# 52006DP0479

**European Parliament decision on the request for defence of the immunity and privileges of Gabriele Albertini (2006/2099(IMM)) **

*
Official Journal 314 E , 21/12/2006 P. 0082 - 0082 *

P6_TA(2006)0479

Request for defence of immunity of Gabriele Albertini

European Parliament decision on the request for defence of the immunity and privileges of Gabriele Albertini (2006/2099(IMM))

The European Parliament,

- having regard to the request by Gabriele Albertini for defence of his immunity in connection with the criminal proceedings brought against him before the District Court of Milan, made on 25 April 2006, announced in plenary sitting on 27 April 2006,

- having heard Gabriele Albertini in accordance with Rule 7(3) of its Rules of Procedure,

- having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

- having regard to the judgments of 12 May 1964 and 10 July 1986 [1] of the Court of Justice of the European Communities,

- having regard to Rules 6(3) and 7 of its Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs (A6-0378/2006),

1. Decides to defend the immunity and privileges of Gabriele Albertini;

2. Instructs its President to forward this decision, and the report of the committee responsible, immediately to the appropriate authorities of the Italian Republic.

[1] Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.

--------------------------------------------------
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Case: 1:03-cv-02828 Document #: 1 Filed: 04/28/03 Page 12 of 12 PageID #:12
##### 



EXHIBIT 10.11A AMENDMENT NO. 1
TO THE TRUST AGREEMENT CHS Inc. (formerly known as Cenex Harvest States Cooperatives), pursuant to the
power of amendment reserved to it in Article 11 of the Trust Agreement between
Cenex Harvest States Cooperatives and The Capital Trust Company of Delaware,
Inc., executed June 27, 2001, (the Trust) hereby amends the Trust in the
manner set forth below effective as of August 5, 2003. 1. The name of the Employer is changed from Cenex Harvest States
Cooperatives to CHS Inc. 2. The name of the Plan is changed from the Cenex Harvest States
Cooperatives Share Option Plan to the CHS Inc. Share Option Plan IN WITNESS WHEREOF, CHS Inc. and the Trustee have caused the Trust to be
amended as executed on the dates below. CHS INC.By /s/Richard L. BaldwinIts VPHRDated 12-29-03THE CAPITAL TRUST COMPANY OF
DELAWARE INC.By /s/Deborah E. HarrisIts Senior Vice PresidentDated 1/29/04