alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The Football Association Premier League Limited et al v. Youtube, Inc. et al Doc. 130

Dockets.Justia.com
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Exhibit 10.33 


 


LOAN AMENDMENT AGREEMENT


 


This LOAN AMENDMENT AGREEMENT (this “Agreement”)
is made as of March 12, 2020 by and among Titan Pharmaceuticals, Inc., a Delaware corporation (the “Company”),
L. Molteni & C. Dei Fratelli Alitti Società di Esercizio S.p.a. (“Molteni”) and Horizon Credit II
LLC (“Horizon”).


 


WHEREAS, the Company, Molteni and Horizon
are parties to an Amended and Restated Venture Loan and Security Agreement dated March 21, 2018 (as amended on September 10, 2019,
the “Loan Agreement”) pursuant to which the Company issued Molteni a promissory note in the principal amount
of $2,400,000 (as amended in the “Note”); and


 


WHEREAS, the Company and Molteni desire
to amend the definition of “Qualified Equity Financing” set forth in Section 1.1 of the Loan Agreement (the “Amendment”)
in order to facilitate the conversion by Molteni of a portion of the Note into equity of the Company; and


 


WHEREAS, pursuant to the provisions of Section
12.4(c) of the Loan Agreement, the Amendment requires the consent of Horizon; and


 


NOW, THEREFORE, for and in consideration
of the premises and the mutual covenants hereinafter set forth, the parties hereto do hereby agree as follows:


 


I.                 AMENDMENT TO LOAN AGREEMENT. 


 


1.1             
Definitions. Section 1.1 of the Loan Agreement is hereby amended effective as of December 31, 2019 by replacing the
definition of Qualified Equity Financing with the following:


 


“Qualified Equity Financing”
means the sale of shares of common stock of the Borrower pursuant to which the Borrower receives, prior to December 31, 2019, gross
cash proceeds of at least $9,000,000.


 


1.2             
Effect of Agreement. On and after the date hereof, each reference to the Loan Agreement shall mean the Loan Agreement
as amended by the Amendment. Except as amended above, the Loan Agreement and each Note (as defined therein) remain in full force
and effect.


 


II.               MISCELLANEOUS


 


2.1             
Counterparts. This Agreement may be executed in two or more identical counterparts, all of which shall be considered
one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other
party; provided that a facsimile signature shall be considered due execution and shall be binding upon the signatory thereto with
the same force and effect as if the signature were an original, not a facsimile signature.


 






     


     


    

 


IN
WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above.


 


TITAN PHARMACEUTICALS, INC.


 


By: ___________/s/ Sunil Bhonsle________________


Sunil Bhonsle, Chief Executive Officer


 


L. MOLTENI & C. DEI F.LLI ALITTI
SOCIETÀ DI ESERCIZIO S.P.A.


 


By: ___/s/ Gaetano Ieovelella____________________


Gaetano Ieovelella, Chief Financial Officer


 


The undersigned hereby consents to the Amendment
set forth in Section I above.


 


HORIZON CREDIT II LLC


 


By: _______/s/ Robert D. Pomeroy, Jr._____________


Robert D. Pomeroy, Jr., Chief Executive Officer
(LOGO) GMAC Commercial Mortgage

Report of Management

As of and for the  year  ended  December  31,  1999,  GMAC  Commercial  Mortgage
Corporation  (the  "Company")  has  complied in all material  respects  with the
minimum  servicing  standards  set  forth  in the  Company's  minimum  servicing
standards  (attached),  which were derived from the Mortgage Bankers Association
of America's Uniform Single Attestation  Program for Mortgage Bankers. As of and
for this same  period,  GMAC  Commercial  Mortgage  Corporation  had in effect a
General Motors  Corporation  Fidelity bond of $150 million and a GMAC Commercial
Mortgage Corporation errors and omissions policy in the amount of $50 million.

Joseph A. Funk
Senior Vice President
Managing Director of Servicing

February 29, 2000


650 Dresher Road * P.O. Box 1015 * Horsham, PA 19044-8015 * Fax: 215 328-3478
Case 1:07-cv-02262-WHP Document 19-8 Filed 04/01/2008 Page 1 of 1
### The Honorable Charles R. Wolle, Chief Judge, United State s 1 

### District Court for the Southern District of Iowa. ___________ No. 95-2247

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. Willie B. Taylor, * * [UNPUBLISHED] Appellant. *

___________ Submitted: February 27, 1996 Filed: March 11, 1996

___________ Before FAGG, BOWMAN, and HANSEN, Circuit Judges.

___________ PER CURIAM. Taylor wa s charged in one count of a four-count indictment wit h conspi ring to distribute cocaine base, in violation of 21 U.S.C
. §§ 841(a)(1) and 846. Pursuant to a written ple a agreement, Taylor agreed to plead guilty to th e charge, and also agreed to a sentence of 60 months impris onment. The plea agreement stated that the 60-month sentenc e "comport[ed] with the amount of drugs attributable to [Taylor] and U.S.S.G
. 6B1 .2(c)(1)." Following Taylor's guilty plea, the district court 1 sentenced him to 60 months imprisonment and four years supervised release, and granted the government's motion to dismiss t he remaining counts in the indictment against Taylor. On appeal, Taylor's appointed counsel has file d a brief pursuant to Anders v. California , 386 U. S. 738 (1967), in which he argues that the district court erred in its

### -2-

drug-quantity determination at sentencing.

We conclude that Taylor waived any objection to the sentence th e district court imposed by agreeing that a 60-month sentence was th e mandat ory minimum, accepting the benefits of his plea agreement, an d agreei ng further that the sentence comported with the drug quantit y attributable to him. See United States v. Durham , 963 F.2d 185, 187 (8th Cir.), cert. denied , 506 U.S. 1023 (1992); United States v. Fritsch , 891 F.2d 667, 668 (8th Cir. 1989).

In acc ordance with Penson v. Ohio , 488 U.S. 75, 80 (1988), we hav e review ed the record, and find no nonfrivolous issues for appeal
. Accordingly, we affirm.
A true copy.
Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
**EXHIBIT 23.2**

 

**CONSENT OF DELOITTE & TOUCHE LLP, INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in Registration StatementsNo. 333-102915, 333-85840, 333-59342, 333-112013 and 333-122330 of Neoforma, Inc. on Form S-8 of our report dated February 13, 2003 (which expresses an unqualified opinion and includes an explanatory paragraph related to the adoptionof Statement of Financial Accounting Standards No. 142, “ Goodwill and Other Intangible Assets”), appearing in this Annual Report on Form 10-K of Neoforma, Inc. for the year ended December 31, 2004. 

 

/s/    DELOITTE & TOUCHE LLP 

 

San Jose, California 

March 14, 2005
#### STATE v. LAUGHINGHOUSE

No. 78 PC.

Case below: 39 N.C. App. 655.

Petition by defendant for writ of certiorari to North Carolina Court of Appeals denied 28 June 1979. Appeal dismissed 28 June 1979.
CERTIFICATION OF
                      PRESIDENT AND CHIEF EXECUTIVE OFFICER

      Pursuant to 18 U.S.C. Sec.1350, the undersigned, Derek L. Caldwell, who is
the President and Chief Executive Officer of Lincoln International Corporation
(the "Company"), hereby certifies that the Company's Quarterly Report on Form
10-QSB for the quarter ended April 30, 2005, (the "Report") fully complies with
the requirements of Sec.13(a) or Sec.15(d) as applicable, of the Securities Act
of 1934 and that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

                                    /s/ DEREK L. CALDWELL
                                    --------------------------------------------

                                    Name:  Derek L. Caldwell
                                    Title: President and Chief Executive Officer
                                    Date:  July 22, 2005
#### TRUST CO. v. GILL, STATE TREASURER

No. 123 Fall Term 1974 and No. 131 Spring Term 1975.

Reported: 286 N.C. 342.

Petition by defendants to rehear allowed 15 April 1975.
**Exhibit 32.1**

**Certificationof CEO Pursuant to**

**18 U.S.C.Section 1350,**

**As AdoptedPursuant to**

**Section 906 of the Sarbanes-Oxley Actof 2002**

In connection with the Annual Report on Form 10-K of CleanEnergy Combustion Systems, Inc. (the "Company") for the fiscal yearended December 31, 2003, as filed with the Securities and Exchange Commission onthe date hereof (the "Report"), I, R. Dirk Stinson, Chief ExecutiveOfficer and President of the Company, hereby certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that to 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 results of operations of  the Company.

 
*/s/R. Dirk Stinson*

R.Dirk Stinson

ChiefExecutive Officer and President

April14 , 2004

 
This certification accompanies the Report pursuant to Section906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extentrequired by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company forpurposes of Section 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required bySection 906 has been provided to the Company and will be retained by the Companyand furnished to the Securities and Exchange Commission or its staff uponrequest.
CERTIFICATION OF

                      PRESIDENT AND CHIEF EXECUTIVE OFFICER



         Pursuant to 18 U.S.C. Sec.1350, the undersigned, Derek L. Caldwell, who
is  the  President  and  Chief  Executive   Officer  of  Lincoln   International
Corporation  (the  "Company"),  hereby  certifies  that the Company's  Quarterly
Report on Form 10-QSB for the quarter  ended  January 31, 2006,  (the  "Report")
fully complies with the requirements of Sec.13(a) or Sec.15(d) as applicable, of
the  Securities  Act of 1934 and that the  information  contained  in the Report
fairly presents,  in all material respects,  the financial condition and results
of operations of the Company.

                                                  /s/ Derek L. Caldwell
                                                  -----------------------------
                                                  Name:  Derek L. Caldwell
                                                 Title:  President and Chief
                                                         Executive Officer
                                                  Date:  March 09, 2006
Norman C. Kleinberg (NK 2735) 

Theodore V. H. Mayer (TM 9748) 

William J. Beausoleil (WB 5296) 

HUGHES HUBBARD & REED LLP 

One Battery Park Plaza 

New York, New York 10004-1482 

(212) 837-6000 

Attorneys for Defendant Merck & Co., Inc. 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

-----------------------------------------------------x 

IN RE: Fosamax Products Liability : 

Litigation : 

-----------------------------------------------------x 

This Document Relates to: : 1:06-md-1789 (JFK) 

Wilma Parslow . : 

v. Merck & Co., Inc. : 

 : 

Case No: 1: 07-cv-3465-JFK : Rule 7.1 Statement

-----------------------------------------------------x 

Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure and to enable 

Judges and Magistrate Judges of the Court to evaluate possible disqualification or 

recusal, the undersigned attorneys of record for Defendant Merck & Co., Inc. certify that 

it has no parent companies and are not aware of any beneficial owner of more than ten 

percent of its Common Stock. 

Dated: New York, New York 

June 12, 2007 

Respectfully submitted, 

HUGHES HUBBARD & REED LLP 

By: /s/ 

Norman C. Kleinberg (NK 2735) 

Theodore V. H. Mayer (TM 9748) 

William J. Beausoleil (WB 5296) 

One Battery Park Plaza 

New York, New York 10004-1482 

(212) 837-6000 

Attorneys for Defendant Merck & Co., Inc.

Case 1:07-cv-03465-JFK Document 5 Filed 06/12/2007 Page 1 of 1
Case 1:07-cv-03455-RJH Document 10-2 Filed 07/02/2007 Page 1 of 2
Case 1:07-cv-03455-RJH Document 10-2 Filed 07/02/2007 Page 2 of 2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       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 Defense

###### Office of the Secretary

# AGENCY:

Defense Finance and Accounting Service, Department of Defense.

# ACTION:

Notice.

This notice announces the appointment of the members of the Performance Review Board (PRB) of the Defense Finance and Accounting Service. The publication of PRB membership is required by 5 U.S.C. 4314(c)(4).

The Performance Review Board (PRB) provides fair and impartial review of Senior Executive Service performance appraisals and makes recommendations regarding performance ratings and performance scores to the Director, DFAS.

# DATES:

*Effective Date:*                         November 27, 2007.                    

# FOR FURTHER INFORMATION CONTACT:

Jerry Hovey, DFAS SES Program Manager, Defense Finance and Accounting Service, Arlington, Virginia, (863) 815-3709.

# SUPPLEMENTARY INFORMATION:

In accordance with 5 U.S.C. 4314(c)(4), the following executives are appointed to the Defense Finance and Accounting Service PRB: Teresa A. McKay, Patrick T. Shine, Leon J. Krushinski, Jerry S. Hinton, Kathleen D. Noe.

Executives listed will serve a one-year renewable term, effective November 27, 2007.

Dated: October 11, 2007.

L.M. Bynum, 

Alternate OSD Federal Register Liaison Officer, DoD.

[FR Doc. 07-5116 Filed 10-16-07; 8:45 am]

BILLING CODE 5001-06-M
#### STATE v. BROWN

No. 105 PC.

Case below: 43 N.C. App. 532.

Petition by defendant for discretionary review under G.S. 7A-31 denied 20 November 1979. Petition by defendant for stay of execution of judgment denied 20 November 1979.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                         APR-30-1999
<PERIOD-START>                            MAY-01-1998
<PERIOD-END>                              OCT-31-1998
<CASH>                                            120
<SECURITIES>                                        0         
<RECEIVABLES>                                  15,395
<ALLOWANCES>                                        0
<INVENTORY>                                     3,584
<CURRENT-ASSETS>                               20,809 
<PP&E>                                         28,992
<DEPRECIATION>                                 17,944
<TOTAL-ASSETS>                                 32,924
<CURRENT-LIABILITIES>                          11,142
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                        6,550
<OTHER-SE>                                     13,687
<TOTAL-LIABILITY-AND-EQUITY>                   32,924
<SALES>                                        38,877 
<TOTAL-REVENUES>                               38,877
<CGS>                                          30,431         
<TOTAL-COSTS>                                  30,431 
<OTHER-EXPENSES>                                6,108
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                 26
<INCOME-PRETAX>                                 2,284
<INCOME-TAX>                                      913
<INCOME-CONTINUING>                             1,371
<DISCONTINUED>                                      0 
<EXTRAORDINARY>                                     0
<CHANGES>                                           0 
<NET-INCOME>                                    1,371
<EPS-PRIMARY>                                    0.56
<EPS-DILUTED>                                    0.56
        

</TABLE>
#### HIGHER ED. ASSISTANCE CORP. v. ANDREWS

No. 142 PC.

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

Petition by defendant for discretionary review under G.S. 7A-31 denied 13 June 1977.
July 28, 2023

Dr. Kenneth Fent, PhD, CIH

Team Lead, National Firefighter Registry for Cancer 

National Institute for Occupational Safety and Health 

Centers for Disease Control and Prevention

RE: National Firefighter Registry for Cancer

Dear Dr. Fent,

On behalf of the more than 12,000 chief fire and emergency medical services (EMS) officers of the International 

Association of Fire Chiefs (IAFC), I would like to express our support for the National Firefighter Registry (NFR) 

for Cancer. 

The Centers for Disease Control and Prevention (CDC) endeavor to develop and maintain a voluntary registry of 

firefighters to collect history and occupational information that can be used to determine the incidence of cancer 

among firefighters supports the IAFC’s mission to provide leadership through vision, information, education, 

services, and representation to enhance their professionalism and capabilities.

Studies show that firefighters may have a greater risk of some types of cancer due to their exposure to smoke and 

hazardous chemicals on the fireground. Many of these studies did not include volunteer firefighters or enough 

female or non-white firefighters to conclude their cancer risk. The NFR was developed to address these 

knowledge gaps, and provide an empirical basis by which we can comprehensively understand and reduce risks of 

cancer among firefighters nationwide. 

The data collected from the NFR will provide the data-driven evidence needed to educate the fire service 

community about the health risks and the importance of preventing exposures and mitigating associated effects. 

NFR data and resulting analytics it critical near-term and long-term to fire departments, fire service organizations, 

standard-setting organizations, and policymakers throughout the country and will ultimately contribute to 

reducing cancer risks among firefighters. 

On behalf of the IAFC, we support the National Firefighter Registry for Cancer and continue our commitment to 

firefighter safety into the future.

Sincerely,

Chief Donna Black, EFO, CFO

President and Board Chair
Case 7:07-cv-03304-KMK-LMS Document 10 Filed 05/30/2007 Page 1 of 1
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       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 Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting. 

# SUMMARY:

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393), the Boise and Payette National Forests' Southwest Idaho Resource Advisory Committee will conduct a business meeting, which is open to the public.

# DATES:

Tuesday, November 29, 2005, beginning at 10:30 a.m.

# ADDRESSES:

Idaho Counties Risk Management Program Building, 3100 South Vista Avenue, Boise, Idaho.

# SUPPLEMENTARY INFORMATION:

Agenda topics will include review and approval of project proposals, and is an open public forum.

# FOR FURTHER INFORMATION CONTACT:

                        Doug Gochnour, Designated Federal Officer, at 208-392-6681 or e-mail                         *dgochnour@fs.fed.us.*

Dated: November 21, 2005.

Richard A. Smith,

Forest Supervisor, Boise National Forest.

[FR Doc. 05-23360 Filed 11-25-05; 8:45 am]

BILLING CODE 3410-11-M
#### SUPERSCOPE, INC. v. KINCAID

No. 227P82.

Case below: 56 N.C. App. 673.

Petition by defendant for discretionary review under G.S. 7A-31 denied 4 May 1982.
Case 7:07-cv-03511-CLB-MDF Document 4 Filed 05/02/2007 Page 1 of 5
Case 7:07-cv-03511-CLB-MDF Document 4 Filed 05/02/2007 Page 2 of 5
Case 7:07-cv-03511-CLB-MDF Document 4 Filed 05/02/2007 Page 3 of 5
Case 7:07-cv-03511-CLB-MDF Document 4 Filed 05/02/2007 Page 4 of 5
Case 7:07-cv-03511-CLB-MDF Document 4 Filed 05/02/2007 Page 5 of 5
Exhibit 10.2

Assets and Liabilities Transferred

The following is a schedule of the assets and
liabilities of Performance Brands, Inc. transferred from the Company in the April 30, 2001
transaction.

|Cash                           |  |   |         | $         | 13,555 
|------------------------------ |  | - | ------- | --------- | -------
|Accounts
    Receivable        |  |   |         | 79,908   
|Inventory                      |  |   |         |           | 150,452
|Due from
    Stockholders      |  |   | 67,139 
|Net Property
    and Equipment |  |   | 42,400 
|Security
    Deposits          |  |   |         | 3,220    
|Net Patent
    & Trademarks    |  |   | 24,947 
|Accounts
    Payable           |  |   |         | (127,131)
|Payroll
    Taxes Payable      |  |   | (1,246)
|Settlements
    Payable        |  |   |         | (15,000) 
|Note Payable                   |  |   |         | (11,654) 
|Long Term
    Debt             |  |   |         | (9,459)  
|Net Assets
    Transferred     |  | $ | 217,131