alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Form of Stock Certificate for the Series J Preferred Stock


 Exhibit 4.1 
  

			
	J-1	  	125,198

 STERLING BANCSHARES, INC. 
 Fixed Rate Cumulative Perpetual Preferred Stock, Series J – $1.00 par value per share 
 United States Department of the Treasury ****** 
 One Hundred Twenty-Five Thousand One Hundred Ninety-Eight and No/100 **

  

					
	December 12, 2008	 		 	
			
	 /s/ J. Downey Bridgwater
	 		 	 /s/ James W. Goolsby, Jr.

	J. Downey Bridgwater, President	 		 	James W. Goolsby, Secretary

 SUBJECT TO THE RESTRICTIONS ON THE REVERSE SIDE 






 THE SECURITIES REPRESENTED BY THIS INSTRUMENT ARE NOT SAVINGS ACCOUNTS, DEPOSITS OR OTHER OBLIGATIONS OF A BANK AND ARE
NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION OR ANY OTHER GOVERNMENTAL AGENCY. 
 THE SECURITIES REPRESENTED BY THIS INSTRUMENT HAVE NOT BEEN
REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE TRANSFERRED, SOLD OR OTHERWISE DISPOSED OF EXCEPT WHILE A REGISTRATION STATEMENT RELATING THERETO IS IN
EFFECT UNDER SUCH ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER SUCH ACT OR SUCH LAWS. EACH PURCHASER OF THE SECURITIES REPRESENTED BY THIS INSTRUMENT IS NOTIFIED THAT THE SELLER MAY BE RELYING ON THE
EXEMPTION FROM SECTION 5 OF THE SECURITIES ACT PROVIDED BY RULE 144A THEREUNDER. ANY TRANSFEREE OF THE SECURITIES REPRESENTED BY THIS INSTRUMENT BY ITS ACCEPTANCE HEREOF (1) REPRESENTS THAT IT IS A “QUALIFIED INSTITUTIONAL BUYER” (AS
DEFINED IN RULE 144A UNDER THE SECURITIES ACT), (2) AGREES THAT IT WILL NOT OFFER, SELL OR OTHERWISE TRANSFER THE SECURITIES REPRESENTED BY THIS INSTRUMENT EXCEPT (A) PURSUANT TO A REGISTRATION STATEMENT WHICH IS THEN EFFECTIVE UNDER THE
SECURITIES ACT, (B) FOR SO LONG AS THE SECURITIES REPRESENTED BY THIS INSTRUMENT ARE ELIGIBLE FOR RESALE PURSUANT TO RULE 144A, TO A PERSON IT REASONABLY BELIEVES IS A “QUALIFIED INSTITUTIONAL BUYER” AS DEFINED IN RULE 144A UNDER THE
SECURITIES ACT THAT PURCHASES FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A QUALIFIED INSTITUTIONAL BUYER TO WHOM NOTICE IS GIVEN THAT THE TRANSFER IS BEING MADE IN RELIANCE ON RULE 144A, (C) TO THE ISSUER OR (D) PURSUANT TO ANY OTHER
AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND (3) AGREES THAT IT WILL GIVE TO EACH PERSON TO WHOM THE SECURITIES REPRESENTED BY THIS INSTRUMENT ARE TRANSFERRED A NOTICE SUBSTANTIALLY TO THE EFFECT OF THIS
LEGEND.
<TABLE> <S> <C>


<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       4,568,332
<SECURITIES>                                20,982,176
<RECEIVABLES>                                4,706,834
<ALLOWANCES>                                   260,000
<INVENTORY>                                 22,686,273
<CURRENT-ASSETS>                            53,239,185
<PP&E>                                       2,023,646
<DEPRECIATION>                               1,247,459
<TOTAL-ASSETS>                              54,386,031
<CURRENT-LIABILITIES>                          863,292
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       175,891
<OTHER-SE>                                  53,346,848
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                     14,515,915
<TOTAL-REVENUES>                            14,515,915
<CGS>                                        9,428,959
<TOTAL-COSTS>                                9,428,959
<OTHER-EXPENSES>                               689,150
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              2,116,513
<INCOME-TAX>                                    13,846
<INCOME-CONTINUING>                          2,102,667
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,102,667
<EPS-PRIMARY>                                      .12
<EPS-DILUTED>                                      .12



</TABLE>
#### NEW YORK, L. & W. RY. CO., Respondent, v. SULLIVAN, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

March, 1896.)

Action by the New York, Lackawanna & Western Railway Company against Mary J. Sullivan.

No opinion. Order affirmed, with costs against the appellant.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 185 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                 S. 185

   To prohibit the provision of Federal funds to any State or local 
      educational agency that denies or prevents participation in 
                   constitutional prayer in schools.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 22, 1997

   Mr. Helms introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL

 
   To prohibit the provision of Federal funds to any State or local 
      educational agency that denies or prevents participation in 
                   constitutional prayer in schools.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voluntary School Prayer Protection 
Act''.

SEC. 2. FUNDING CONTINGENT ON RESPECT FOR CONSTITUTIONAL SCHOOL PRAYER.

    (a) In General.--Notwithstanding any other provision of law, no 
funds made available through the Department of Education shall be 
provided to any State or local educational agency that has a policy of 
denying, or that effectively prevents participation in, constitutional 
prayer in public schools by individuals on a voluntary basis.
    (b) Limitation.--No person shall be required to participate in 
prayer, or shall influence the form or content of any constitutional 
prayer, in public schools.
                                 <all>
```
#### Ivan Mann, Appellant, v Jo-Ann Mann, Respondent.

Contrary to the plaintiff husband’s contentions, former section 699.11 of this court’s rules was expressly applicable to *motions*for "Alimony, Counsel Fee Pendente Lite and Child Support” *(see,*22 NYCRR former 699.11 [a], [b], now 202.16 [g]; *cf. Patell v Patell,*91 AD2d 1028; *Lewin v Lewin,*91 AD2d 649). At bar, the court’s award of support and counsel fees was not the product of motion practice, but was rather a determination rendered after a full trial on the issue of the parties’ respective financial positions. Accordingly, the failure of the parties to submit affidavits of net worth, as to which no objection was raised, does not, under the circumstances at bar, require the disturbing of the court’s award.

Nor is the absence of a formally pleaded counterclaim for *566support a bar to the court’s entertaining the wife’s demand for such relief. It has been held that "[t]he failure of the defendant to plead a counterclaim does not affect the power of the court to provide for her support in the court’s discretion, as justice requires” *(Schneider v Schneider,*32 AD2d 630; *Virgil v Virgil,*55 Misc 2d 64, 68; *cf.*Family Ct Act § 412).

Moreover, an examination of the record in this matter leads us to the conclusion that the award of the total sum of $350 per week in maintenance and child support was appropriate in light of the circumstances and needs of the parties. Nor do we find that the court erred in declining to credit the husband’s contentions in respect to his income. Although the husband, who now resides with his parents, claimed at trial that he earned only $241 net salary per week driving a tow truck for a family-owned firm, there was evidence establishing a pattern of prior, voluntary payments equal to, or in excess of $350 per week, made at a time when the husband was employed at the family firm. In light of the foregoing, we find that the court did not err in rejecting the husband’s evidence as to his earnings and appropriate gauged the needs of the wife and their children in fixing maintenance and support at a weekly sum of $350.

We note, however, that the judgment entered by the court should reflect that the withdrawal by the husband of his summons and complaint was without prejudice and we modify the judgment accordingly *(cf.*CPLR 3217 [c]). Finally we find that on this record, the counsel fee was excessive to the extent indicated. Thompson, J. P., Niehoff, Rubin and Spatt, JJ., concur.
II

105TH CONGRESS

2D SESSION S. 1955

To suspend temporarily the duty on a certain chemical used in the formulation

of HIV antiviral drugs.

IN THE SENATE OF THE UNITED STATES

APRIL 3, 1998

Mrs. BOXER (for herself and Mrs. FEINSTEIN) introduced the following bill;

which was read twice and referred to the Committee on Finance

A BILL

To suspend temporarily the duty on a certain chemical used

in the formulation of HIV antiviral drugs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TEMPORARY DUTY SUSPENSION.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:

‘‘ 9902.33.10 Chloromethyl

Pivalate (CAS No.

18997–19–8)

(provided for in

subheading

2915.90.50) ......... Free No change No change On or before

12/31/1999 ’’.
2

•S 1955 IS

1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) applies with respect to goods entered, or

3 withdrawn from warehouse for consumption, on or after

4 the date that is 15 days after the date of enactment of

5 this Act.

Æ
<PAGE>


                                                                   EXHIBIT 23(b)

                              JEFFREY M. BRINN, CPA
                                42 LARKIN STREET
                      SOUTH HUNTINGTON, NEW YORK 11746-4714
                        (516) 673-5015 FAX (516) 673-6915
                           MOBILE PHONE (516) 526-2085
                             E-MAIL: JBRINN@LUCA.COM



                             CONSENT OF INDEPENDENT

                           CERTIFIED PUBLIC ACCOUNTANT


Specialty Retail Group, Inc.
New York, New York



I hereby consent to the incorporation by reference in the Prospectus
constituting a part of Registration Statements Number 33-63068 and Number
33-88424 on Form S-8 of my report dated November 4, 1997, relating to the
consolidated financial statements of Specialty Retail Group, Inc. for the year
ended June 29, 1997 appearing in the Company's Annual Report on Form 10-KSB(T)
for the six-month transition period ended December 31, 1998.

I also consent to the reference to me as an "Expert" in Registration Statement
Number 33-88424.



Jeffrey M. Brinn, CPA
April 23, 1999
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1566 Considered and Passed Senate (CPS)]

105th CONGRESS
  1st Session
                                S. 1566

To amend the Soldiers' and Sailors' Civil Relief Act of 1940 to protect 
    the voting rights of military personnel, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 13, 1997

   Mr. Thurmond introduced the following bill; which was read twice, 
              considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL

 
To amend the Soldiers' and Sailors' Civil Relief Act of 1940 to protect 
    the voting rights of military personnel, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Voting Rights Act of 
1997''.

SEC. 2. GUARANTEE OF RESIDENCY.

    Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940 
(50 U.S.C. App. 590 et seq.) is amended by adding at the end the 
following:
    ``Sec. 704. (a) For purposes of voting for an office of the United 
States or of a State, a person who is absent from a State in compliance 
with military or naval orders shall not, solely by reason of that 
absence--
            ``(1) be deemed to have lost a residence or domicile in 
        that State;
            ``(2) be deemed to have acquired a residence or domicile in 
        any other State; or
            ``(3) be deemed to have become resident in or a resident of 
        any other State.
    ``(b) In this section, the term `State' includes a territory or 
possession of the United States, a political subdivision of a State, 
territory, or possession, and the District of Columbia.''.

SEC. 3. STATE RESPONSIBILITY TO GUARANTEE MILITARY VOTING RIGHTS.

    (a) Registration and Balloting.--Section 102 of the Uniformed and 
Overseas Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
            (1) by inserting ``(a) Elections for Federal Offices.--'' 
        before ``Each State shall--''; and
            (2) by adding at the end the following:
    ``(b) Elections for State and Local Offices.--Each State shall--
            ``(1) permit absent uniformed services voters to use 
        absentee registration procedures and to vote by absentee ballot 
        in general, special, primary, and runoff elections for State 
        and local offices; and
            ``(2) accept and process, with respect to any election 
        described in paragraph (1), any otherwise valid voter 
        registration application from an absent uniformed services 
        voter if the application is received by the appropriate State 
        election official not less than 30 days before the election.''.
    (b) Conforming Amendment.--The heading for title I of such Act is 
amended by striking out ``FOR FEDERAL OFFICE''.
                                 <all>
```
#### Emil Greeff et al., Appellants, *v.*Emil Dieckerhoff et al., Respondents.

(Submitted October 15, 1890;

decided October 28, 1890.)

Appeal from judgment of the General Term of the Court of Common Pleas in and' for the city and county of New York, entered upon an order made February 4,1889, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term.

*Ira D. Warren,*for appellants.

*Blumenstiel & Hirsch*for respondents.

Agree to affirm; no opinion.

All concur.

•Judgment affirmed.
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<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-29-1998
<PERIOD-START>                             MAR-31-1998
<PERIOD-END>                               JUN-29-1998
<CASH>                                           6,456
<SECURITIES>                                         0
<RECEIVABLES>                                    3,531
<ALLOWANCES>                                       468
<INVENTORY>                                      4,228
<CURRENT-ASSETS>                                   230
<PP&E>                                           1,785
<DEPRECIATION>                                   1,642
<TOTAL-ASSETS>                                  15,772
<CURRENT-LIABILITIES>                           35,189
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          1
<COMMON>                                            23
<OTHER-SE>                                     (19,411)
<TOTAL-LIABILITY-AND-EQUITY>                    15,772
<SALES>                                          7,833
<TOTAL-REVENUES>                                 7,833
<CGS>                                            6,590
<TOTAL-COSTS>                                    6,590
<OTHER-EXPENSES>                                11,368 
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 312
<INCOME-PRETAX>                                (10,437)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (10,437)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (10,437)
<EPS-PRIMARY>                                    (.44)
<EPS-DILUTED>                                    (.44)
        

</TABLE>