alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
First Amendment to Purchase Agreement



 Exhibit 10.41 
 FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT 
 THIS FIRST AMENDMENT TO PURCHASE AND SALE
AGREEMENT (this “First Amendment”) is made as of the 12th day of August, 2009, by and between COGNAC WILLOW OAKS, LLC, a Delaware limited liability company (“Seller”) and KBS CAPITAL ADVISORS LLC, a Delaware
limited liability company (“Buyer”). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 
 RECITALS 
 A. Seller and Buyer are parties to that certain Purchase and Sale Agreement dated
as of August 5, 2009 (the “Purchase Agreement”). All initially-capitalized terms not otherwise defined herein shall have the meanings set forth in the Purchase Agreement unless the context clearly indicates otherwise.

 B. Seller and Buyer have agreed to modify the terms of the Purchase Agreement as set forth in this First Amendment. 
 NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intended to be legally bound, Seller and
Buyer agree as follows: 
 1. Recitals. The Recitals set forth above are hereby incorporated
herein by reference as if the same were fully set forth herein. 
 2. Due Diligence Period. The
last day of the Due Diligence Period shall be, and hereby is, extended from August 12, 2009 at 5:00 p.m. to August 14, 2009, at 5:00 p.m. (Eastern time). 
 3. Effectiveness of Agreement. Except as modified by this First Amendment, all the terms of the Purchase Agreement
shall remain unchanged and in full force and effect. 
 4. Counterparts. This First Amendment may be
executed in counterparts, and all counterparts together shall be construed as one document. 
 5. Telecopied
Signatures. A counterpart of this First Amendment that is signed by one party to this First Amendment and telecopied to the other party to this First Amendment or its counsel (i) shall have the same effect as an original signed
counterpart of this First Amendment, and (ii) shall be conclusive proof, admissible in judicial proceedings, of such party’s execution of this First Amendment. 
 6. Successors and Assigns. All of the terms and conditions of this First Amendment shall apply to benefit and bind
the successors and assigns of the respective parties. 







 IN WITNESS WHEREOF, Seller and Buyer have entered into this First Amendment to Purchase and Sale
Agreement as of the date first above stated. 
 [SIGNATURES ON NEXT PAGE] 








					
	“SELLER”
	
	COGNAC WILLOW OAKS, LLC, 
	a Delaware limited liability company
		
	By: 	 	 THE PRUDENTIAL INSURANCE COMPANY OF AMERICA,
 a New Jersey corporation, as the sole member thereof

			
		 	By: 	 	/s/ Collete English Dixon
		 		 	Name: Collete English Dixon
		 		 	Title: Vice President

  

 S-1 









			
	“BUYER”
	
	 KBS CAPITAL ADVISORS LLC,
 a Delaware limited
liability company

		
	By: 	 	/s/ Charles J. Schreiber, Jr.
		 	Charles J. Schreiber, Jr.,
		 	Chief Executive Officer

  

 S-2
EXHIBIT 32
                                                                      ----------

               CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350,
           AS ADOPTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of North American Galvanizing &
Coatings, Inc. (the "Company") on Form 10-Q for the period ending June 30, 2006
as filed with the Securities and Exchange Commission (the "Report"), each of the
undersigned hereby certifies in his or her capacity as an office of the Company,
pursuant to 18 U.S.C. ss. 1350, as adopted by ss. 906 of the Sarbanes-Oxley Act
of 2002, that to his or her 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 the results of
          operations of the Company.


                                     NORTH AMERICAN GALVANIZING & COATINGS, INC.
                                     (Registrant)

                                       /s/ Ronald J. Evans
                                       -------------------------------------
                                       President and
                                       Chief Executive Officer
                                       (Principal Executive Officer)


                                       /s/ Beth B. Hood
                                       -------------------------------------
                                       Vice President and
                                       Chief Financial Officer
                                       (Principal Financial Officer)

Date:  July 31, 2006
Case 7:07-cv-03305-KMK-LMS Document 9-7 Filed 05/23/2007 Page 1 of 3
Case 7:07-cv-03305-KMK-LMS Document 9-7 Filed 05/23/2007 Page 2 of 3
Case 7:07-cv-03305-KMK-LMS Document 9-7 Filed 05/23/2007 Page 3 of 3
EXHIBIT 23.1

CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We hereby consent to the use in this annual report on Form 10KSB of Interlock
Services, Inc. (d/b/a New York International Commerce Group, Inc.) of our report
dated May 14, 2001 (which report contains an emphasis paragraph relating to
substantial doubt about entity's ability to continue as a going concern)
relating to the financial statements of Interlock Services, Inc. (d/b/a New York
International Commerce Group, Inc.), as of December 31, 2000 and for the period
from inception (June 30, 1997) through December 31, 2000 appearing in such
annual report.


/s/ Cuthill & Eddy LLP
Cuthill & Eddy LLP
Winterpark, Florida
April 16, 2002
**EXHIBIT 12.1**

 

DIAMOND JO, LLCComputation of Ratio of Earnings to Fixed Charges(amounts in thousands except ratio information)

 
| **Earnings:**                                                                                                      |   | **2003** |    |
|--------------------------------------------------------------------------------------------------------------------|--------|----------|---------|
|                                                                                                               |   |     |    |
| Total earnings                                                                                                     |   | $        | (12,742 | ) |
|                                                                                                               |   |     |    |
| Fixed charges:                                                                                                     |   |     |    |
|                                                                                                               |   |     |    |
| Interest charges (including capitalized interest  and interest expense related to preferred members’ interest |   | 24,293   |    |
|                                                                                                               |   |     |    |
| Amortization of deferred financing costs  and bond discount                                                        |   | 3,161    |    |
|                                                                                                               |   |     |    |
| Preferred member distributions                                                                                     |   | 181      |    |
|                                                                                                               |   |     |    |
| Total fixed charges                                                                                                |   | 27,635   |    |
|                                                                                                               |   |     |    |
| Capitalized interest                                                                                               |   | (2,202   | )       |
|                                                                                                               |   |     |    |
| Earnings as adjusted                                                                                               |   | $        | 12,691  |   |
|                                                                                                               |   |     |    |
| Ratio of earnings to fixed charges                                                                                 |   | 0.5      | x *     |

 

----

* Earnings were insufficient to cover fixed charges for the year endedDecember 31, 2003 by $14.9 million.

 

----
Case 1:07-cv-03497-LAK Document 6 Filed 10/01/2007 Page 1 of 1
¡Los volquetes pueden matar!

En los últimos 

20 años

152

muertes de mineros 

involucraron 

volquetes

El 24 % eran 

trabajadores que 

estaban cerca 

El 76 % eran 

conductores

¿Qué puede hacer para permanecer seguro?

Mantenga el control 

El 42 % murió al perder el control del 

volquete (por exceso de velocidad, 

golpear una berma, no tomar bien 

una curva, retroceder sobre un 

desnivel pronunciado, exceso de 

carga o somnolencia).

Manténgase alerta 

El 11 % murió al ser golpeado 

por un volquete.

Utilice el cinturón de seguridad

Por lo menos el 35 % murió por no usar 

el cinturón de seguridad.

Permanezca en la cabina 

El 11 % murió al saltar o salir despedido 

de un volquete fuera de control.

Preste atención a las bermas 

El 11 % murió por bermas insuficientes 

o que cedieron.

Use los frenos adecuadamente 

El 8 % murió al no usar o no aplicar adecuadamente 

los frenos al salir de la cabina.

Para obtener más información, visite cdc.gov/niosh/mining

Los datos se basan en un análisis de 152 eventos mortales investigados 

por MSHA entre 1995 y el 2014 que involucraron volquetes.
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 1 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 2 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 3 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 4 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 5 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 6 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 7 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 8 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 9 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 10 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 11 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 12 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 13 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 14 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 15 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 16 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 17 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 18 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 19 of 20
Case 1:07-cv-03496-WHP Document 16-25 Filed 06/20/2007 Page 20 of 20
<PAGE>


                                                                   EXHIBIT 99.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
             PURSUANT TO TITLE 18, UNITED STATES CODE, SECTION 1350,
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the Quarterly Report of Lancaster Colony Corporation
(the "Company") on Form 10-Q for the quarter ended December 31, 2002, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, John L. Boylan, Vice President and Chief Financial Officer of the Company,
certify, pursuant to Title 18, United States Code, 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 results of operations of
         the Company.

Date:  February 13, 2003                       By: /s/JOHN L. BOYLAN
                                                   -----------------
                                                      John L. Boylan
                                                      Vice President and
                                                      Chief Financial Officer
----

|  1. | I have reviewed this annual report on Form 10-K of Cytori Therapeutics, 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; |

| Date: April 30, 2013       |
|----------------------------|
| /s/ Christopher J. Calhoun |   |
| Christopher J. Calhoun,    |
| Chief Executive Officer    |

----
Exhibit 23.1



Consent of Registered Independent Public Accounting Firm





To the Board of Directors

Saratoga Resources, Inc.

Austin, Texas



We consent to the incorporation by reference in the registration statements (No. 333-131624 and No. 333-146985) on Form S-8 of Saratoga Resources, Inc. of our report dated February 13, 2008 with respect to the consolidated balance sheet of Saratoga Resources, Inc. and subsidiaries as of December 31, 2007, and the related consolidated statements of operations, stockholders deficit, and cash flows for the year then ended, which report appears in the December 31, 2007, annual report on Form 10-KSB of Saratoga Resources, Inc.





/s/ Malone & Bailey, PC



www.malone-bailey.com

Houston, Texas



May 13, 2008
##### 



EXHIBIT 12.2 BARCLAYCARD FUNDING PLC
Certification Pursuant to Section 302 of the Sarbanes-Oxley Act 2002 I, Paul Gerard Turner, certify that: 1.
    
    I have reviewed this annual report on Form 20-F, and all reports on
Form 6-K containing distribution or servicing reports filed in respect
of periods included in the year covered by this annual report, of
Barclaycard Funding PLC;2.
    
    Based on my knowledge, the information in these reports, taken as a
whole, 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 as of the last day of the period covered by this annual
report;3.
    
    Based on my knowledge, the distribution or servicing information
required to be provided to the trustee by the servicer under the
pooling and servicing, or similar, agreement, for inclusion in these
reports is included in these reports;4.
    
    I am responsible for reviewing the activities performed by the
servicer under the pooling and servicing, or similar, agreement and
based upon my knowledge and the annual compliance review required
under that agreement, and except as disclosed in the reports, the
servicer has fulfilled its obligations under that agreement; and5.
    
    The reports disclose all significant deficiencies relating to the
servicers compliance with the minimum servicing standards based upon
the report provided by an independent public accountant, after
conducting a review in compliance with the Uniform Single Attestation
Program for Mortgage Bankers or similar procedure, as set forth in the
pooling and servicing, or similar, agreement.
 By: /s/ Paul Gerard TurnerName:
    
    Paul Gerard TurnerTitle:
    
    DirectorDate:
    
    June 30, 2005
#### GRAHAM v. CITY OF HENDERSONVILLE

No. 36 PC.

Case below: 42 N.C. App. 456.

Petition by defendants for writ of certiorari to North Carolina Court of Appeals denied 6 November 1979.
#### GREENE v. MURDOCK

No. 75 PC.

Case below: 53 N.C. App. 552.

Petition by defendant for writ of certiorari to North Carolina Court of Appeals denied 12 January 1982.
<PAGE>   1
                                                                      EXHIBIT 11
                     SIENA HOLDINGS, INC. AND SUBSIDIARIES
            (FORMERLY LOMAS FINANCIAL CORPORATION AND SUBSIDIARIES)

                    COMPUTATION OF EARNINGS (LOSS) PER SHARE
                     (IN THOUSANDS, EXCEPT  PER SHARE DATA)

<TABLE>
<CAPTION>
                                                     Reorganized       Predecessor       Reorganized      Predecessor
                                                      Company            Company           Company          Company
                                                     -----------       -----------       -----------       -----------
                                                                                         Six Months        Six Months
                                                    Quarter Ended    Quarter Ended         Ended             Ended
                                                     December 31,     December 31,       December 31,      December 31,
                                                        1997              1996              1997               1996
                                                     -----------       -----------       -----------       -----------
<S>                                                  <C>               <C>               <C>               <C>        
EARNINGS PER COMMON SHARE:

Average common shares outstanding                          4,000                 *             4,000                 *

Net income                                           $        11                 *       $        56                 *


Earnings per common share:
Net income                                           $       .00                 *       $       .01                 *



EARNINGS PER COMMON SHARE - ASSUMING DILUTION:


Average common shares outstanding                          4,000                 *             4,000                 *
Average common stock equivalent under SHI
     Nonqualified Stock Option Plan                            9                 *                 4                 *
                                                     -----------       -----------       -----------       -----------
                     TOTAL SHARES                          4,009                 *             4,004                 *
                                                     ===========       ===========       ===========       ===========


Net income                                           $        11                 *       $        56                 *

Earnings per common share - assuming dilution:
Net income                                           $       .00                 *       $       .01                 *
</TABLE>



* Average shares outstanding and per share amount not meaningful due to
  reorganization.
Exhibit 32(b)Certification Pursuant to 18 U.S.C. Section 1350I, Mark J. Plush, Vice President and Chief Financial Officer of Keithley Instruments, Inc.(the “Company”), certify, pursuant to 18 U.S.C. Section 1350, that:(1) The Quarterly Report on Form 10-Q of the Company for the period ended June 30, 2006which this certification accompanies 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, thefinancial condition and results of operations of the Company.     /s/ Mark J. Plush Mark J. Plush
**Exhibit 10.12(c)**

 

**AWARD OF LTIP UNITS**

**PURSUANT TO THE 2004 CONSOLIDATED CONTAINER HOLDINGS LLC**

**LONG TERM INCENTIVE PLAN**

 

THIS AWARD (the “Award”) is made as July 1, 2004, byConsolidated Container Holdings LLC (the “Company”) to****                                 (the “Participant”) pursuant tothe 2004 Consolidated Container Holdings LLC Long Term Incentive Plan (the “Plan”). Capitalized terms used herein but not otherwise defined shall have the meanings given to such terms in the Plan, a copy of which is attached hereto.

 

1. Grant of Award. Pursuant to and subject to the termsand conditions of the Plan, the Company hereby grants to Participant an Award of**                                 LTIP-A Units**. 

 

2. Terms of Award. As more fully described in the Plan, each LTIP-AUnit equates to one percent (1%) of Bonus Pool-A, provided, however, that such percentage shall be subject to adjustment (up or down) based on several factors set forth in the Plan. The amount of Bonus Pool-A and the amount of the Award shallbe established upon the occurrence of a Liquidity Event. This Award shall be payable in cash within one hundred twenty (120) days of the Liquidity Event, subject to any applicable restrictions in any Company Debt Instruments. 

 

3. Non-transferability. This Award may not be assigned, alienated,pledged, attached, sold or otherwise transferred or encumbered except by will or by the laws of descent and distribution. 

 

4. Forfeiture. Subject to certain exceptions provided in the Plan, all or a portion of this Award shall be forfeited in the event of termination ofyour employment with the Company prior to the occurrence of a Liquidity Event. 

 

IN WITNESS WHEREOF, Consolidated Container Holdings LLC, acting by and through its duly authorized officers, has caused this Award to be executed as of the date set forth above.
#### STATE v. WHITEHEAD

No. 30 PC.

Case below: 42 N.C. App. 506.

Petition by defendant for discretionary review under G.S. 7A-31 denied 6 November 1979. Motion of plaintiff to dismiss appeal for lack of substantial constitutional question allowed 6 November 1979.
#### LOUGHLIN v. BOARD OF REGISTRATION

No. 80 PC.

Case below: 32 N.C. App. 351.

Petition by plaintiffs for discretionary review under G.S. 7A-31 denied 5 April 1977. Motion of Attorney General to dismiss appeal for lack of substantial constitutional question allowed 5 April 1977.
#### STATE v. ELLIOTT

No. 53.

Case below: 22 N.C. App. 334.

Motion of Attorney General to dismiss appeal for lack of substantial constitutional question allowed 24 September 1974.
To Patrick Walker cpjwalker@qoogle.com

From Anthony Zameczkowski anthonyzgooglacom

Cc

Bcc

Received Date 2007-07-06 092213 GMT

Subject Bundesliga lawsuit risk

Hi Patrick

spoke with Bundesliga yesterday.

The risk of lawsuit is very high as they told me that they told me that theyre in deep discussions with Premiership

to join the class action against us.

Again lawsuit by Bundesliga before localisation would be damaging.

suggest to go to Frankfurt with Adam Coates to show them the CVP/CYC tools and discuss about our

ongoimns development regarding fingerprinting.

What do you think

Tony

Sent from my BlackBerry Wireless Device

Figueird Den. Tab

128

Confidential 00000100221953