alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 31A**CERTIFICATIONS**I, James M. McCluney, certify that:     1. I have reviewed this annual report on Form 10-K of Emulex Corporation;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report.     4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13-a-15(f) (15d-15(f)) for the registrant and have: a) designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this reportis being prepared;  b) designed such internal control over financial reporting,or cause such internal control over financial reporting to be designed underour supervision, to provide reasonable assurance regarding the reliabilityof financial reporting and the preparation of financial statements forexternal purposes in accordance with generally accepted accountingprinciples;  c) evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report ourconclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and  d) disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter that has materially affected, or isreasonably likely to materially affect, the registrant’s internal controlover financial reporting; and     5. The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent function): a) all significant deficiencies and material weaknesses inthe design or operation of internal control over financial reporting whichare reasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and  b) any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal controls over financial reporting.Date: September 14, 2006       /s/ James M. McCluney James M. McCluney    Chief Executive Officer and President
FIRST
    AMENDMENT TO THE LEASE
  ROSEVILLE PROPERTIES MANAGEMENT COMPANY, INC. INTERNATIONAL
    TECHNIDYNE CORPORATION
    1.
    LEASE TERM    2.
    BASE RENT    Months

Monthly Base RentJanuary 1,
    2009  December 31, 2009

$25,112.00 per monthJanuary 1, 2010  December 31, 2010

$25,614.00 per monthJanuary 1, 2011  December 31, 2011

$26,127.00 per monthJanuary 1, 2012  December 31, 2012

$26,649.00 per monthJanuary 1, 2013  December 31, 2013

$27,182.00 per month       LESSOR:

LESSEE:ROSEVILLE PROPERTIES

INTERNATIONAL TECHNIDYNEMANAGEMENT COMPANY as agent

CORPORATIONfor Commers-Klodt-s- Mark E. Rancome
Signature

-s- Lawrence CohenSignature/s/  MARK
    E. RANCOMEName
    (print)

/s/  LAWRENCE
    COHENName
    (print)Vice
    PresidentTitle

PresidentTitle6-22-08Date

June 18,
    2008Date
*Pursuant to 5 TH C IR . R. 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 5TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED December 27, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________ No. 06-50916

_____________________ UNITED STATES OF AMERICA

Plaintiff - Appellee v. JOSE MANUEL HERRERA-DUAY also known as, Jose Manuel Herrero also known as, Jose Manuel Herrera also known as, Jose Herrero Defendant - Appellant

--------------------- Appeal from the United States District Court for the

Western District of Texas, El Paso

(05-CR-2610)

--------------------- Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM: *

IT IS ORDERED that Appellee’s unopposed motion to vacate sentence of district court is GRANTED.

IT IS FURTHER ORDERED that Appellee’s unopposed motion to remand to district court for resentencing is GRANTED.IT IS FURTHER ORDERED that Appellee’s unopposed alternative

motion for extension time to file Appellee’s brief thirty (30) days from Court’s denial of Appellee’s motion to vacate and remand is DENIED as moot.
exv10w1w4






Exhibit 10.1.4




Execution Version




FOURTH AMENDMENT TO SHAREHOLDER LOAN AGREEMENT



THIS FOURTH AMENDMENT TO THE SHAREHOLDER LOAN AGREEMENT IS DATED THE 20th
 DAY OF JULY,
2009 AND MADE BETWEEN:





	 	1.	 	AMERICAN CAPITAL, LTD., a company incorporated under the laws of Delaware, with
registered office at 2 Bethesda Metro Center, 14th Floor, Bethesda, MD 20814
(hereafter the “Lender”); and
	 
	 	2.	 	DOSIMETRY ACQUISITIONS (FRANCE), a simplified joint stock company (societé par actions
simplifiée) company incorporated under the laws of France, with registered office at
Lieu-dit “Calès”, 13113 Lamanon (France), with registration number 453 885 626 R.C.S.
Tarascon, (hereafter the “Borrower”).





WHEREAS:





	 	1.	 	Lender and Borrower are party to a Shareholder Loan Agreement dated 23 September 2005,
which has been amended (the “Initial Loan Agreement”).
	 
	 	2.	 	Lender and Borrower have agreed to extend the maturity date of the Initial Loan
Agreement and in this context have agreed to enter into this Fourth Amendment to the
Shareholder Loan Agreement (the “Agreement”).





IT IS AGREED AS FOLLOWS:





	 	1.	 	Definitions.
	 
	 	 	 	In this Agreement (including the above recitals), all capitalized terms and expressions not
otherwise defined herein shall have the meaning ascribed to them in the Initial Loan
Agreement.






	 	2.	 	Amendment to the Initial Loan Agreement
	 
	 	 	 	The Parties hereby agree to amend the definition of “Repayment Date” in Article 1
(Definitions) of the Initial Loan Agreement as follows:





                    “ “Repayment Date” means 30 June 2011.”




	 	3.	 	Other Provisions of the Initial Loan
Agreement


Any and all other provisions of the Initial Loan Agreement shall remain in full force and
effect.




 









 












	 	4.	 	Governing Law
	 
	 	 	 	This Agreement shall be governed by and construed in accordance with the laws of France.






	 	5.	 	Jurisdiction
	 
	 	 	 	The parties irrevocably agree that the Commercial Court of Paris is to have exclusive
jurisdiction to settle any disputes which may arise out of or in connection with this
Agreement.





     On the date stated at the beginning of this Agreement, in two (2) original copies



	 	 	 	 	 
	LENDER:	 	BORROWER:	 	 
	 
	 	 	 	 
	American Capital, Ltd.

	 	Dosimetry Acquisitions (France)	 	 
	 
	 	 	 	 
	/s/ Robert Klein
 

By: Robert Klein

	 	/s/ Thomas D. Logan
 

By: Thomas D. Logan
	 	 
	Duly Authorized thereto

	 	Duly Authorized thereto	 	 






[Signature Page to DAF Amendment]
#### JOSEPH SOLOFF, PLAINTIFF-RESPONDENT, v. ATLANTIC COAST BUILDING AND LOAN ASSOCIATION, DEFENDANT-APPELLANT.

Submitted May 13, 1932

Decided October 19, 1932.

Before Gummere, Chief Justice, and Justices Bodine and Donges.

Por the appellant, *Endicott '•& Endicott.*

Por the respondent, *Thompson <& Sanstein.*

Per Curiam.

This is an appeal from a judgment of the Atlantic County Court of Common Pleas entered in favor of the plaintiff by *1151direction of the trial judge. The suit was by a broker upon an alleged oral agreement of brokerage followed by a letter to the owner in an attempt to comply with the tenth section of the statute of frauds.

This section requires that when the broker is authorized orally to sell lands he shall within five days send the owner a notice, in writing, “setting forth the terms of such oral agreement and stating the rate or amount of commission to be paid thereunder.” The notice sent in the instant case is as follows:

“This is to advise you that I have this day submitted the property known as 2519 Atlantic avenue, which was purchased by your association at the sheriff’s sale today, to Joseph Stoltz of 2517 Atlantic avenue.

“In the event a sale is made, the usual brokerage commission will be expected by me.”

It appears that the plaintiff obtained an offer from Stoltz which was refused by defendant. Subsequently, in direct dealings, defendant sold the property to Stoltz upon the same terms. Commission was demanded and refused, and this suit instituted.

The question here involves the sufficiency of the notice above quoted, and comes up on objection to its admission and on motion to nonsuit. Appellant contends the notice is defective in that it does not set out the terms of the oral agreement and does not state the commission to be paid.

With respect to failure to state the commission more definitely, under *Hueth*v. *Stevenson,*100 *N. J. L.*1, and *Smith*v. *Pazin,*5 *N. J. Mis. R.*832; 138 *Atl. Rep.*513, the notice is clearly deficient. However, this objection was not raised at the trial and cannot be relied upon here.

The only objection made to the notice was that it did not set out the “terms of such oral agreement.” We fail to find anything in the notice which can be considered “terms.” In *Rooney*v. *Greiner,*3 *N. J. Mis. R.*996; 130 *Atl. Rep.*456, it was held that a notice which identified the property, stated the price and the commission, was a sufficient statement of the terms, because those facts constituted the agreement. In *1152the instant case, the notice merely identifies the property, says plaintiff has submitted it to Stoltz and will expect a commission. It does not state the sale price, makes no reference to the alleged oral agreement, and does not even say there was any such agreement. The testimony did not develop what the terms of the authority were. If the plaintiff was merely to solicit offers until he found an accetpable one, this should have been set out in his letter as the terms of the oral agreement. We think the latter was not a compliance with the statute.

The judgment will be reversed, with costs.
<PAGE>

                                  EXHIBIT 23.2

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements on
Form S-8 (File Nos. 333-65139, 333-00331, 33-75618, 33-65700, 33-50268,
33-37561, 33-26826 and 33-7361), on Form S-4 (File No. 333-88905) and on Form
S-3 (File Nos. 33-50420, 33-27008 and 333-94959) and in the related Prospectus
of our report dated July 9, 2001, with respect to the consolidated financial
statements and financial statement schedule of Biomet, Inc. and its subsidiaries
included in the Annual Report (Form 10-K) for the year ended May 31, 2002.

                                                  PricewaterhouseCoopers LLP

Chicago, Illinois
August 13, 2002
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<PAGE>
 
                                                                      Exhibit 24
                                                                      ----------

                              Powers of Attorney

     KNOW ALL PERSONS BY THESE RESENTS, that each person whose signature appears
below hereby constitutes and appoints Robert D. Gordon, Sue A. Hogue and Julie
Cummins Brady and each of them, their true and lawful attorneys-in-fact and
agents, with full power of substitution and resubstitution for them and in their
name, place and stead, in any and all capacities, to sign the Annual Report on
Form 10-K of Apertus Technologies Incorporated for the fiscal year ended March
30, 1997 and all amendments to such Annual Report on Form 10-K, and to file the
same, with all exhibits thereto, and other documents in connection therewith,
with the Securities and Exchange Commission, granting unto said attorneys-in-
fact and agents, and each of them, full power and authority to do and perform
each and every act and thing requisite or necessary to be done in and about the
premises, as fully to all intents and purposes as they might or could do in
person, hereby ratifying and confirming all that said attorneys-in-fact and
agents or any of the, or their substitutes, may lawfully do or cause to be done
by virtue hereof.


                  Signature                                     Date
                  ---------                                     ----

     /s/  Robert D. Gordon                                  June 28, 1997
--------------------------------------------
Robert D. Gordon, Chairman of the Board,
  Chief Executive Officer, President and Director
  (principal executive officer)


     /s/  Sue A. Hogue                                      June 28, 1997
--------------------------------------------
Sue A. Hogue, Chief Financial Officer
  (principal financial officer and
   principal accounting officer)


     /s/  Nicholas J. Covatta                               June 28, 1997
--------------------------------------------               
Nicholas J. Covatta Jr., Director


     /s/  Robert W. Fischer                                 June 28, 1997
--------------------------------------------                
Robert W. Fischer, Director


     /s/  George E. Hubman                                  June 28, 1997
--------------------------------------------
George E. Hubman, Director


     /s/  Arch. J. McGill                                   June 28, 1997
--------------------------------------------                
Arch J. McGill, Director


     /s/  Clarence W. Spangle                               June 28, 1997
--------------------------------------------
Clarence W. Spangle, Director
#### STATE v. PATTERSON

No. 159 PC.

Case below: 33 N.C. App. 240.

Petition by defendant for discretionary review under G.S. 7A-31 denied 14 July 1977.
Case 1:07-cv-03341-CM-RLE     Document 23      Filed 09/06/2007     Page 1 of 4

Case 1:07-cv-03341-CM-RLE     Document 23      Filed 09/06/2007     Page 2 of 4

Case 1:07-cv-03341-CM-RLE     Document 23      Filed 09/06/2007     Page 3 of 4

Case 1:07-cv-03341-CM-RLE     Document 23      Filed 09/06/2007     Page 4 of 4
**Exhibit 31.1** **Certifications**     I, Mark B. Thomas, certify that:     1. I have reviewed this Annual Report on    Form 10-K    of HEI, Inc.;     2. Based on my knowledge, this report does not contain any    untrue statement of a material fact or omit to state a material    fact necessary to make the statements made, in light of the    circumstances under which such statements were made, not    misleading with respect to the period covered by this report;     3. Based on my knowledge, the financial statements, and    other financial information included in this report, fairly    present in all material respects the financial condition,    results of operations and cash flows of the registrant as of,    and for, the periods presented in this report;     4. The registrant’s other certifying officer(s) and I    are responsible for establishing and maintaining disclosure    controls and procedures (as defined in Exchange Act    Rules 13a-15(e)    and    15d-15(e))    for the registrant and have:     (a) Designed such disclosure controls and procedures, or    caused such disclosure controls and procedures to be designed    under our supervision, to ensure that material information    relating to the registrant, including its consolidated    subsidiaries, is made known to us by others within those    entities, particularly during the period in which this report is    being prepared;     (b) (Intentionally omitted)     (c) Evaluated the effectiveness of the registrant’s    disclosure controls and procedures and presented in this report    our conclusions about the effectiveness of the disclosure    controls and procedures, as of the end of the period covered by    this report based on such evaluation; and     (d) Disclosed in this report any change in the    registrant’s internal control over financial reporting that    occurred during the registrant’s most recent fiscal quarter    (the registrant’s fourth fiscal quarter in the case of an    annual report) that has materially affected, or is reasonably    likely to materially affect, the registrant’s internal    control over financial reporting; and     5. The registrant’s other certifying officer(s) and I    have disclosed, based on our most recent evaluation of internal    control over financial reporting, to the registrant’s    auditors and the audit committee of the registrant’s board    of directors (or persons performing the equivalent functions):     (a) All significant deficiencies and material weaknesses in    the design or operation of internal control over financial    reporting which are reasonably likely to adversely affect the    registrant’s ability to record, process, summarize and    report financial information; and     (b) Any fraud, whether or not material, that involves    management or other employees who have a significant role in the    registrant’s internal control over financial reporting.     Mark B. Thomas    Mark B. Thomas    Chief Executive Officer and Chief Financial Officer     Date: November 30, 2006
Case 7:07-cv-03318-CS Document 19 Filed 10/24/2007 Page 1 of 5
Case 7:07-cv-03318-CS Document 19 Filed 10/24/2007 Page 2 of 5
Case 7:07-cv-03318-CS Document 19 Filed 10/24/2007 Page 3 of 5
Case 7:07-cv-03318-CS Document 19 Filed 10/24/2007 Page 4 of 5
Case 7:07-cv-03318-CS Document 19 Filed 10/24/2007 Page 5 of 5
Case 1:06-cv-14853-AKH Document 5 Filed 12/08/2006 Page 1 of 1
#### PARKER v. PARKER

No. 178 PC.

Case below: 45 N.C. App. 554.

Petition by defendant for discretionary review under G.S. 7A-31 denied 15 July 1980.
EXHIBIT 23



               Consent of Deloitte & Touche, independent auditors


<PAGE>





                                   EXHIBIT 23


                          INDEPENDENT AUDITORS' CONSENT


         We consent to the incorporation by reference, in the Registration
Statements listed below of our report, dated November 25, 1997 appearing in this
Annual Report on Form 10-K of MEDIQ Incorporated and subsidiaries for the year
ended September 30, 1997.




         Registration Statement No. 33-13122 on Form S-8
         Registration Statement No. 33-11042 on Form S-8
         Registration Statement No. 33-59126 on Form S-3
         Registration Statement No. 33-61724 on Form S-2
         Registration Statement No. 33-16802 on Form S-8
         Registration Statement No. 33-5089  on Form S-2
         Registration Statement No. 33-47416 on Form S-8







DELOITTE & TOUCHE LLP

Philadelphia, Pennsylvania
December 23, 1997
Case 1:06-cv-14953-AKH Document 2 Filed 12/08/2006 Page 1 of 1
347.064
EXHIBIT 5

Case 7:07-cv-03302-KMK-LMS Document 53-26 Filed 08/24/2007 Page 1 of 10
Case 7:07-cv-03302-KMK-LMS Document 53-26 Filed 08/24/2007 Page 2 of 10
Case 7:07-cv-03302-KMK-LMS Document 53-26 Filed 08/24/2007 Page 3 of 10
Case 7:07-cv-03302-KMK-LMS Document 53-26 Filed 08/24/2007 Page 4 of 10
Case 7:07-cv-03302-KMK-LMS Document 53-26 Filed 08/24/2007 Page 5 of 10
Case 7:07-cv-03302-KMK-LMS Document 53-26 Filed 08/24/2007 Page 6 of 10
Case 7:07-cv-03302-KMK-LMS Document 53-26 Filed 08/24/2007 Page 7 of 10
Case 7:07-cv-03302-KMK-LMS Document 53-26 Filed 08/24/2007 Page 8 of 10
Case 7:07-cv-03302-KMK-LMS Document 53-26 Filed 08/24/2007 Page 9 of 10
Case 7:07-cv-03302-KMK-LMS Document 53-26 Filed 08/24/2007 Page 10 of 10
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ASHLEE J. STRAKER,

 Appellant,

v.

THE STATE OF TEXAS,

 Appellee.

§

§

§

§

§

§ 

No. 08-14-00112-CR

Appeal from the

Criminal District Court No. 3

of Tarrant County, Texas 

(TC# 1310230D) 

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the 

judgment. We therefore affirm the judgment of the court below. This decision shall be certified 

below for observance.

IT IS SO ORDERED THIS 30TH DAY OF SEPTEMBER, 2016.

STEVEN L. HUGHES, Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ.