alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1


 


FIRST
AMENDMENT


TO


AMENDED
AND RESTATED NOTE PURCHASE AGREEMENT


 


THIS FIRST AMENDMENT TO AMENDED AND RESTATED NOTE PURCHASE
AGREEMENT (the “Amendment”), dated and effective as of August 10, 2009, by
and between INTERLEUKIN GENETICS, INC., a Delaware corporation (the “Company”),
and PYXIS INNOVATIONS INC., a Delaware corporation (“Pyxis”).


 


WHEREAS, the Company and Pyxis are parties to an Amended
and Restated Note Purchase Agreement dated as of March 10, 2009 (the “Agreement”),
pursuant to which Pyxis extended the Company a credit facility (the “Credit
Facility”) in an amount (following applicable adjustments) not to exceed
Fourteen Million Three Hundred Sixteen Thousand Two Hundred Fifty-Five Dollars
and No/100 ($14,316,255.00) on which the parties may draw down until March 31,
2010 (the “Credit Facility Termination Date”);


 


WHEREAS, Pyxis purchased, and the Company sold and issued
to Pyxis, (i) a promissory note in the principal amount of Four Million
Dollars and No/100 ($4,000,000.00) on June 10, 2008, and (ii) a
promissory note in the principal amount of One Million Dollars and No/100
($1,000,000.00) on May 29, 2009, both under the terms of the Credit
Facility, leaving Nine Million Three Hundred Sixteen Thousand Two Hundred
Fifty-Five Dollars and No/100 ($9,316,255.00) available for loan under the
Credit Facility as of the date of this Amendment;


 


WHEREAS, the parties now wish to extend the period of time
under which the Company may draw down on available funds under the Credit
Facility.


 


NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:


 


1.             Capitalized terms not otherwise
defined in this Amendment shall have the meanings given to them in the
Agreement.


 


2.             The Credit Facility Termination
Date shall be amended to be January 1, 2011.


 


3.             Except as amended hereby, all of the terms and
conditions of the Agreement shall remain in full force and effect.


 


4.             This Amendment shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.


 


IN WITNESS WHEREOF, the
parties have executed this First Amendment to Amended and Restated Note
Purchase Agreement as of the date first written above.


	
   

  	
   

  
	
   

  	
  INTERLEUKIN GENETICS, INC.

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Lewis H. Bender

  
	
   

  	
   

  	
   

  
	
   

  	
  Typed Name:

  	
  Lewis Bender

  
	
   

  	
   

  	
   

  
	
   

  	
  Title:

  	
  Chief Executive Officer

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  PYXIS INNOVATIONS INC.

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Kim S. Mitchell

  
	
   

  	
   

  	
   

  
	
   

  	
  Typed Name:

  	
  Kim S. Mitchell

  
	
   

  	
   

  	
   

  
	
   

  	
  Title:

  	
  Assistant Secretary
Amendment 3 to the Amended and Restated Master Agreement



 Exhibit 10.1 
 AMENDMENT 3 TO THE AMENDED AND RESTATED MASTER AGREEMENT 
 This Amendment 3, effective as of the
1st day of January, 2009 (“Effective Date”), amends the Amended and
Restated Master Agreement (the “Agreement”) dated January 1, 2006, as amended August 15, 2008 and March 20, 2008, by and between TRX Technology Services, L.P. (“TRX”) and BCD Travel USA LLC (formerly
known as WorldTravel Partners I, LLC) (“BCD” or “Client”) as follows: 
 WHEREAS, BCD is transitioning off of the CORREX Services
provided under the Agreement; 
 WHEREAS, BCD wishes for TRX to continue to provide the CORREX Services under the terms of the Agreement, as amended
below, through August 31, 2009; 
 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions hereinafter set forth, the
parties hereto agree to amend the Agreement as follows: 
  

	 	1.	The Agreement is hereby extended from January 1, 2009 through August 31, 2009 for the CORREX Services only. All other term and renewal language in the Agreement is of no
further force and effect. 

  

	 	2.	Notwithstanding anything to the contrary in the Agreement, as of the Effective Date of this Amendment, all pricing for the CORREX Services under the Agreement is of no further force
and effect and is replaced with the following pricing, which shall be effective for the period January 1, 2009 through August 31, 2009: 

 CORREX Monthly Payment Schedule 
 * 
  

	 	3.	All development requested by BCD shall be billed by TRX and paid by BCD at a rate of * 

  


	 	



	 	*	Confidential Treatment Requested 








 * 
 Except
as specifically amended herein, the Agreement shall remain in full force and effect with regard to the CORREX Services only. 
 IN WITNESS WHEREOF,
TRX and Client have caused this Services Agreement to be executed as of the Effective Date by their duly authorized representatives, and each represents and warrants that it is legally free to enter this Agreement. 
  

					
	TRX TECHNOLOGY SERVICES, L.P.	 		 	BCD TRAVEL USA LLC.
			
	 /s/ David Cathcart
	 		 	 /s/ Danny B. Hood

	Signature	 		 	Signature
			
	 David Cathcart
	 		 	 Danny B. Hood

	Name	 		 	Name
			
	 Chief Financial Officer
	 		 	 President

	Title	 		 	Title
			
	 05/20/09
	 		 	 05/20/09

	Date	 		 	Date

  
  

	*	Confidential Treatment Requested
**Exhibit 32.2(a)**

 

CERTIFICATIONS OFTHE PRINCIPAL ACCOUNTING OFFICERUNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with thefiling by ARTISTdirect, Inc. (the “Registrant”) of its Annual Report on Form 10-KSB/Afor the fiscal year ended December 31, 2007 (the “Annual Report”) with theSecurities and Exchange Commission, I, Rene Rousselet, Corporate Controller ofthe Registrant, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)           The Annual Report fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

(2)           The information contained in theAnnual Report fairly presents, in all material respects, the financial conditionand results of operations of the Registrant.

 

A signed original of thiswritten statement required by Section 906 has been provided to theRegistrant and will be retained by the Registrant and furnished to theSecurities and Exchange Commission or its staff upon request.

 
| Date:     June 6, 2008 | By:    | /s/ RENE ROUSSELET             |
|-------------------------------------------------|--------|--------------------------------|
|                                            |   | Rene Rousselet                 |
|                                            |   | Corporate Controller           |
|                                            |   | (Principal Accounting Officer) |

 

----
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Case 1:07-cv-03047-WHP Document 27 Filed 05/01/2008 Page 1 of 2
Case 1:07-cv-03047-WHP Document 27 Filed 05/01/2008 Page 2 of 2
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 Gameplan, Inc. on Form 10-KSB for the period ended December 31, 2005 as filed with the Securities and Exchange Commission (the Report), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 results of operation of the Company.





Dated:  March 30, 2006

/s/ Robert G. Berry

Name: Robert G. Berry

Title:  Chief Executive Officer



Dated:  March 30, 2006

s/ Robert G. Berry

Name: Robert G. Berry

Title:  Chief Financial Officer
EXHIBIT 99.1

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 Quarterly Report of PrimeEnergy Corporation (the "Company") on Form 10-Q/A for the period ending September 30, 2002, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Charles E. Drimal, Jr., as Chief Executive Officer of the Company and Beverly A. Cummings, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 results of operations of the Company.

 

 

/s/  Charles E. Drimal, Jr.

---------------------------------

President

Chief Executive Officer

December 3, 2002

 

/s/  Beverly A. Cummings

----------------------------------

Executive Vice President

Chief Financial Officer

December 3, 2002
#### STATE v. HARRINGTON

No. 97 PC.

Case below: 22 N.C. App. 473.

Petition for writ of certiorari to North Carolina Court of Appeals allowed 8 November 1974.
Case 1:06-cv-15020-AKH Document 5 Filed 12/08/2006 Page 1 of 1
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1577 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                S. 1577

 To amend the Public Health Service Act to prohibit certain contracts 
  between health insurance plans or issuers and health care providers.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2019

Mr. Cassidy (for himself and Mr. Bennet) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To amend the Public Health Service Act to prohibit certain contracts 
  between health insurance plans or issuers and health care providers.

    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 ``Know the Price Act of 2019''.

SEC. 2. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.

    Subpart II of part A of title XXVII of the Public Health Service 
Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at the end the 
following:

``SEC. 2729A. PROVIDER CONTRACTS.

    ``(a) Information on Provider Alternatives.--A group health plan or 
a health insurance issuer offering group or individual health insurance 
coverage shall not enter into an agreement with a provider, network or 
association of providers, third-party administrator, or other service 
provider that would, directly or indirectly--
            ``(1) restrict the group health plan or health insurance 
        issuer from providing price or quality information, through a 
        consumer engagement tool or any other means, to providers or 
        the sponsor, enrollees, or potential enrollees of the plan or 
        coverage; or
            ``(2) restrict the group health plan or health insurance 
        issuer from sharing data described in paragraph (1) with a 
        third party, for plan management purposes.''.
                                 <all>
```
#### LEE v. KING

No. 157 PC.

Case below: 23 N.C. App. 640.

Petition for writ of certiorari to North Carolina Court of Appeals denied 30 December 1974.
**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 Quarterly Report on Form 10-Q of Katy Industries, Inc.
      (the
“Company”) for the period ending September 30, 2005 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Anthony T. Castor
      III, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
§
      1350, as adopted pursuant to § 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 results of operations of the Company.











By /s/
      Anthony T. Castor III


Anthony
      T. Castor III


President
      and Chief Executive Officer


November
      15, 2005










A
        signed
        original of this written statement or other document authenticating,
        acknowledging, or otherwise adopting the signature that appears in typed
        form
        within the electronic version of this written statement has been provided
        to
        Katy Industries, Inc. and will be retained by Katy Industries, Inc. and
        furnished to the Securities and Exchange Commission or its staff upon
        request
##### 



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 Quarterly Report of Irwin Financial Corporation (the
Company) on Form 10-Q for the period ended March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof, (the Report), I,
William I. Miller, Chairman and Chief Executive Officer, hereby certifies, to
the best of my knowledge and belief, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 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, as amended; and (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of
the Company. Dated: May 3, 2004
    
    /s/ William I. MillerWilliam I. MillerChairman and Chief Executive Officer
Exhibit 99.1

                            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 PharmaKinetics Laboratories, Inc.
(the "Company") on Form 10-K/A for the year ended June 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
James M. Wilkinson, II, President and Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

      (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 as of the dates and for the periods
            referenced in this Report.

/s/ James M. Wilkinson, II, Ph.D.
---------------------------------
James M. Wilkinson, II, Ph.D.
President and Chief Executive
Officer, Chief Financial
Officer and Secretary
June 29, 2003
II 

116TH CONGRESS 

1ST SESSION S. 1512 

To require the Comptroller General of the United States to conduct a study 

on the designation by the Secretary of Defense and the Secretaries 

of the military departments of installations of the Department of Defense 

as ‘‘remote’’ or ‘‘isolated’’, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2019 

Ms. CORTEZ MASTO introduced the following bill; which was read twice and 

referred to the Committee on Armed Services 

A BILL 

To require the Comptroller General of the United States 

to conduct a study on the designation by the Secretary 

of Defense and the Secretaries of the military departments of installations of the Department of Defense as 

‘‘remote’’ or ‘‘isolated’’, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rural Servicemembers 

5 Support Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1512 IS

1 SEC. 2. STUDY ON INSTALLATIONS OF THE DEPARTMENT 

2 OF DEFENSE THAT ARE DESIGNATED AS RE3 MOTE OR ISOLATED. 

4 (a) IN GENERAL.—The Comptroller General of the 

5 United States shall conduct a study on the designation 

6 by the Secretary of Defense and the Secretaries of the 

7 military departments of installations of the Department 

8 of Defense as ‘‘remote’’ or ‘‘isolated’’. 

9 (b) ELEMENTS OF STUDY.—The study conducted 

10 under subsection (a) shall— 

11 (1) identify— 

12 (A) the various definitions within the De13 partment of Defense of remote and isolated in14 stallations; 

15 (B) who establishes those definitions; and 

16 (C) the criteria to meet those definitions; 

17 (2) assess the uses by the Department of the 

18 remote or isolated designation for an installation; 

19 and 

20 (3) review— 

21 (A) the range of services available at re22 mote installations; 

23 (B) how those services differ between the 

24 military departments; and 


kjohnson on DSK79L0C42 with BILLS
3 

•S 1512 IS

1 (C) the process used to determine whether 

2 those services meet the needs of members of the 

3 Armed Forces at those installations. 

4 (c) REPORT.—Not later than January 30, 2020, the 

5 Comptroller General shall submit to Congress, at a min6 imum, the initial findings for the study conducted under 

7 subsection (a). 

Æ 


kjohnson on DSK79L0C42 with BILLS
CERTIFICATE OF SERVICE

 I hereby certify that on this 5th day of September, 2007, I caused a copy of the foregoing 

NOTICE OF MOTION OF DEFENDANT MERCK & CO., INC. TO DISMISS WITH 

PREJUDICE FOR FAILURE TO PROVIDE PLAINTIFF PROFILE FORM, DECLARATION 

OF THEODORE V. H. MAYER, and MEMORANDUM OF LAW IN SUPPORT OF MOTION 

OF DEFENDANT MERCK & CO., INC. TO DISMISS WITH PREJUDICE FOR FAILURE 

TO PROVIDE PLAINTIFF PROFILE FORM to be served via first-class mail, postage prepaid, 

on the following: 

HERSH & HERSH 

A Professional Corporation 

Nancy Hersh, Esq. 

Mark E. Burton, Esq. 

Rachel Abrams, Esq. 

2080 Opera Plaza 

601 Van Ness Avenue 

San Francisco, CA 94102-6388 

LEVIN PAPANTONIO THOMAS 

MITCHELL ECHSNER & PROCTOR PA 

Timothy O’Brien 

316 South Baylen Street, Suite 600 (32502) 

P.O. Box 12308 

Pensacola, FL 32591 

SEEGER WEISS LLP 

Christopher A. Seeger 

One William Street 

New York, NY 10004 

 The above addresses have appeared on the prior papers in this action as the office address 

of the attorneys for Plaintiff. 

 Deponent is over the age of 18 years and not a party to this action. 

 I further certify under penalty of perjury that under the laws of the United States of 

America the foregoing is true and correct. 

Executed on September 5, 2007 

 /s/ 

 Theodore V.H. Mayer 

Case 1:07-cv-03295-JFK Document 3-2 Filed 09/05/2007 Page 1 of 1