alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10-5.htm


Exhibit 10.5

 

AMENDMENT TO RESTRICTED STOCK AWARD AGREEMENTS

 

This Amendment is entered into by and between Guaranty Federal Bancshares, Inc. (the “Company”) and H. Michael Mattson (“Participant”).

 

WHEREAS, the Company and Participant are parties to three Restricted Stock Award Agreements dated February 4, 2014, February 3, 2015, and February 25, 2016, respectively (collectively the “Award Agreements” and individually an “Award Agreement”), pursuant to which Participant beneficially owns 4,997 shares of common stock of the Company (“Restricted Shares”), subject to the restrictions and other terms and conditions set forth in said Award Agreements; and 

 

WHEREAS, in recognition of Participant’s past service with the Company and his commitment to remain employed with the Company through June 30, 2016 to ensure a smooth transition, the parties wish to amend the Award Agreements as set forth below.

 

NOW, THEREFORE, in consideration of the mutual commitments set forth herein and other valuable consideration, the receipt of which the parties hereby acknowledge, each Award Agreement is amended in the following respects: 

 

Notwithstanding paragraph 1 of the Award Agreement to the contrary, the Restricted Shares shall be fully vested and non-forfeitable, and all holding periods shall expire, on June 30, 2016, if Participant remains employed by the Company through such date. 

 

IN WITNESS WHEREOF, the parties have executed this Amendment on this 1st day of June 2016. This Amendment may be executed in counterparts.

 

	
 
	
Guaranty Federal Bancshares, Inc.

 

/s/ Shaun A. Burke

Shaun Burke, CEO

 

/s/ H. Michael Mattson

H. Michael Mattson, Participant
##### 



EXHIBIT 31.2 I, Larry E. Hulse, certify that:  1.
    
    I have reviewed this annual report on Form 10-K of Sunrise Senior
Living, 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 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)
    
    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(c)
    
    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 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. Date: March 12, 2004
    
    /s/ Larry E. Hulse
Larry E. HulseChief Financial Officer
The respondent is the Honorable Kerry S. Russell, Judge of the 7th Judicial District Court, Smith County, 1

Texas.

Relator does not have an appeal pending in this court. 2

NO. 12-09-00011-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§

IN RE: LEONARD ROSS,

RELATOR § ORIGINAL PROCEEDING

§

MEMORANDUM OPINION

In this original mandamus proceeding, Relator Leonard Ross seeks an order compelling the

trial court to vacate its order denying Relator’s motion to take judicial notice of certain facts

concerning an alleged plea agreement between Relator and the State. Alternatively, Relator asks 1

that we abate his “appeal” and “grant a (speedy) hearing for to fully develop the issues herein and

herewith.” 

2

Relator alleges in his mandamus petition that, in 1996, he agreed to testify before the grand

jury and, in return, the State agreed Relator would be indicted for aggravated robbery instead of

capital murder. After Relator’s grand jury testimony, he was indicted for capital murder and is

presently serving a life sentence for murder, a lesser included offense. On September 11, 2008,

Relator filed an application for postconviction writ of habeas corpus on the grounds that the State

breached its plea agreement with him and that his trial counsel was ineffective for failing to seek

specific performance of the agreement. Relator subsequently filed a “Pro Se Motion Requesting

Judicial Notice As Per Rule 201” in which he requested that Respondent take judicial notice of
2

certain facts relating to the alleged plea agreement, its breach, and his counsel’s ineffectiveness. He

also requested a hearing on the motion. Respondent denied the motion, and Relator contends the

denial was an abuse of discretion for which mandamus is available.

Jurisdiction to issue writs of mandamus in criminal law matters pertaining to habeas corpus

proceedings seeking relief from final felony judgments lies exclusively with the Texas Court of

Criminal Appeals. In re McAfee, 53 S.W.3d 715, 717-18 (Tex. App.–Houston [1st Dist.] 2001,

orig. proceeding). Intermediate appellate courts have no authority to issue writs of mandamus in

such matters. See id.; see also TEX. CODE CRIM. PROC. ANN. art. 11.07 § 3 (Vernon Supp. 2008).

Accordingly, Relator’s petition for writ of mandamus is dismissed for want of jurisdiction.

 SAM GRIFFITH 

 Justice

Opinion delivered January 30, 2009.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)
<TABLE> <S> <C>

<ARTICLE> 5

<S>                                           <C>
<PERIOD-TYPE>                                  6-MOS
<FISCAL-YEAR-END>                                    DEC-31-1999
<PERIOD-END>                                         JUN-30-1999
<CASH>                                                  (3,059)
<SECURITIES>                                                 0
<RECEIVABLES>                                          515,749
<ALLOWANCES>                                                 0
<INVENTORY>                                                  0
<CURRENT-ASSETS>                                       593,796
<PP&E>                                              26,073,903
<DEPRECIATION>                                      (9,870,303)
<TOTAL-ASSETS>                                      18,361,396
<CURRENT-LIABILITIES>                                3,448,825
<BONDS>                                                      0
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                                  0
<COMMON>                                             7,514,200
<OTHER-SE>                                                   0
<TOTAL-LIABILITY-AND-EQUITY>                        18,361,396
<SALES>                                                499,135
<TOTAL-REVENUES>                                       499,135
<CGS>                                                  574,179
<TOTAL-COSTS>                                        2,940,730
<OTHER-EXPENSES>                                             0
<LOSS-PROVISION>                                             0
<INTEREST-EXPENSE>                                      52,706
<INCOME-PRETAX>                                     (2,494,300)
<INCOME-TAX>                                                 0
<INCOME-CONTINUING>                                          0
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                        (2,494,300)
<EPS-BASIC>                                                  0
<EPS-DILUTED>                                                0


</TABLE>
Exhibit 10.1




EXHIBIT 10.1


ADDENDUM

An Addendum to the advisory
agreement (the "Agreement") entered into by MyMedicalRecords.com, Inc. (a subsidiary of MMR Information Systems, Inc.) and
The Rebensdorf Group, Inc. ("TRGI") dated on or about December 27, 2007.

Section 2.1 of the Agreement is hereby amended to state as follows:

2.1In the event a Transaction is consummated for which TRGI shall be entitled to a fee as provided for in subsection
2.3, the Company shall pay TRGI a Success Fee, on the date of execution of a definitive agreement to finance the Company, an amount equal to
Eight Per Cent (8%) of the gross value of the Transaction, payable as follows: Four Percent of the Success fee shall be payable in cash,
and warrants equal to 4% of the amount of the Transaction. In the event the Company closes a transaction with a party not originated by TRGI, and
TRGI assists with the closing of such Transaction in any material fashion, then the Company shall pay TRGI a cash Advisory Fee in the amount of
Two Percent (2%). Additionally, the Company shall pay TRGI a retainer in the amount of $4,167 per month during the term of this
agreement, commencing May 1, 2009, on a deferred basis. Deferred retainer payments shall be paid pro rata upon the payments of other deferred
management compensation and board consulting fees.  Additionally, TRGI (or its designee) shall receive 100,000 options annually on a calendar
year basis, vesting over 2 years from date of grant, bearing an exercise price equal to the closing price of MMRF.OB shares on the date of grant.


In all other respects, the Agreement is re-affirmed and ratified.

Dated this 21st day of May, 2009

The Rebensdorf Group, Inc. (`TRGI")

By:  /s/ George Rebensdorf                     

Title:President

MMR Information Systems, Inc.


By: ___/s/ Robert H. Lorsch______

Title: __CEO___________________

MyMedicalRecords, Inc.

By: ___/s/ Robert H. Lorsch_____

Title: __CEO_______________
Exhibit 31.4
  1.
    
    I have reviewed this Amendment No. 1 to Annual Report on Form 10-K/A of Sunrise Senior
Living, 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; and3.
    
    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.
 Date:
March 31, 2009
    
    /s/ Richard J. Nadeau

Richard J. NadeauChief Financial Officer
I 

113TH CONGRESS 

2D SESSION H. R. 4720 

To amend title 38, United States Code, to increase the priority for enrollment 

of medal of honor recipients in the health care system of the Department 

of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2014 

Mr. WALBERG (for himself, Mr. WILSON of South Carolina, Mr. WEBER of 

Texas, Mr. ROE of Tennessee, Mr. SCHNEIDER, Mr. CONNOLLY, and Mr. 

TONKO) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to increase the 

priority for enrollment of medal of honor recipients in 

the health care system of the Department of Veterans 

Affairs. 

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 ‘‘Medal of Honor Pri5 ority Care Act’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 4720 IH

1 SEC. 2. PRIORITY OF MEDAL OF HONOR RECIPIENTS IN 

2 HEALTH CARE SYSTEM OF DEPARTMENT OF 

3 VETERANS AFFAIRS. 

4 (a) IN GENERAL.—Section 1705 of title 38, United 

5 States Code, is amended— 

6 (1) in subsection (a)(1), by striking the period 

7 at the end and inserting the following: ‘‘and veterans 

8 who were awarded the medal of honor under section 

9 3741, 6241, or 8741 of title 10 or section 491 of 

10 title 14.’’; and 

11 (2) in paragraph (3), by striking ‘‘veterans who 

12 were awarded the medal of honor under section 

13 3741, 6241, or 8741 of title 10 or section 491 of 

14 title 14,’’. 

15 (b) APPLICATION.—The priority of enrollment of 

16 medal of honor recipients pursuant to section 1705(a)(1) 

17 of title 38, United States Code, as amended by subsection 

18 (a), shall apply to each such recipient, regardless of the 

19 date on which the medal is awarded. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
----

|                               |                                                  |   |
|------------------------------------|-------------------------------------------------------|--------|
| Date:  May 5, 2011  |                                                  |   |
|                               |  /s/ Richard A. Hubbell                     |   |
|                               | Richard A. Hubbell                                    |   |
|                               | President and Chief Executive Officer                 |   |
|                               | (Principal Executive Officer)                         |   |
|                               |                                                  |   |
| Date:  May 5, 2011       |                                                  |   |
|                               |  /s/ Ben M. Palmer                          |   |
|                               | Ben M. Palmer                                         |   |
|                               | Vice President, Chief Financial Officer and Treasurer |
|                               | (Principal Financial and Accounting Officer)          |   |
IA

106TH CONGRESS

2D SESSION S. 1910

IN THE HOUSE OF REPRESENTATIVES

MAY 2, 2000

Referred to the Committee on Resources

AN ACT

To amend the Act establishing Women’s Rights National

Historical Park to permit the Secretary of the Interior

to acquire title in fee simple to the Hunt House located

in Waterloo, New York.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1910 RFH

1 SECTION. 1. ACQUISITION OF HUNT HOUSE.

2 (a) IN GENERAL.—Section 1601(d) of Public Law

3 96–607 (94 Stat. 3547; 16 U.S.C. 410ll(d)) is amended—

4 (1) in the first sentence—

5 (A) by inserting a period after ‘‘park’’; and

6 (B) by striking the remainder of the sen7 tence; and

8 (2) by striking the last sentence.

9 (b) TECHNICAL CORRECTION.—Section 1601(c)(8) of

10 Public Law 96–607 (94 Stat. 3547; 16 U.S.C. 410ll(c)(8))

11 is amended by striking ‘‘Williams’’ and inserting ‘‘Main’’.

Passed the Senate April 13, 2000.

Attest: GARY SISCO,

Secretary.
(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: March 31, 2009
    By:
    /s/ William C. StoneWilliam C. StoneChairman of the Board and Chief Executive Officer
(Principal Executive Officer)Date: March 31, 2009
    By:
    /s/ Patrick J. PedontiPatrick J. PedontiSenior Vice President and Chief Financial Officer
(Principal Financial Officer)
---

EXHIBIT 23.1





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





99¢ Only Stores


City of Commerce, California








We hereby consent to the incorporation by reference in the Registration Statement on Form S­8 (No. 333-26575, No. 333-80185, and No. 333-66729) of 99¢ Only Stores of our report dated June 9, 2009, relating to the consolidated financial statements and financial statement schedule, and the effectiveness of 99¢ Only Stores’
internal control over financial reporting which appears in this Form 10-K.








/s/ BDO Seidman, LLP


Los Angeles, CA


June 9, 2009
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 7021

DENNIS RYDBOM , Plaintiff

- Appellant ,

v. LISA BOGGS, Supervisor II at Mt. Olive Correctional Complex; DAVID BALLARD, Warden of Mt. Olive Correctional Complex; JAMES RUBENSTEIN, Commissioner of the W.Va. D.O.C. , Defendants

- Appellees

.

Appeal from the United States District Court for the Southern District of West Virginia , at Charleston

. Joseph R. Goodwin , District Judge. ( 2:15

- cv
- 12155 )

Submitted : December 18, 2018 Decided: December 21, 2018

Before AGEE, THACKER, and HARRIS , Circuit Judges.

Affirmed by un published per curiam opinion

.
Dennis Rydbom, Appellant Pro Se. Mark Jeffrey McGhee, William E. Murray, ANSPACH MEEKS ELLENBERGER PLLC, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Dennis Rydbom appeals the district court’s order accepting i n part the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2012) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Rydbom v. Boggs , No.
2:15

- cv
- 12155 (S.D.W. Va. July 11, 2018) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
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 CardioTech International, Inc., a Massachusetts corporation (the "Company") on Form 10-KSB for
the fiscal year ended March 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael Szycher, Chief Executive Officer and Chairman of the
Company, hereby 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.

|              |  |  | /s/Michael SzycherMichael Szycher,
Chief Executive Officer and Chairman
|------------- |  |  | -----------------------------------------------------------------------
|June 25, 2004 |  |  |                                                                        

---



QuickLinks
Order entered May 15 , 2019

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 19

- 00422

- CV

IN RE PETER BEASLEY, Rela t or

Original Proceeding from the 191st Judicial District Court

Dall as County, Texas

Trial Court Cause No. DC

- 18

- 05278



### O RDER

Before Justices Myers, Molberg, and Nowell

Based on the Court’s opinion of this date, we DENY relator’s petition for writ of

mandamus.

/s/ KEN MOLBERG

JUSTICE
Case: 19-30088 Doc# 2148 Filed: 05/20/19 Entered: 05/21/19 11:17:40 Page 1 of

4
Case: 19-30088 Doc# 2148 Filed: 05/20/19 Entered: 05/21/19 11:17:40 Page 2 of

4
Case: 19-30088 Doc# 2148 Filed: 05/20/19 Entered: 05/21/19 11:17:40 Page 3 of

4
Case: 19-30088 Doc# 2148 Filed: 05/20/19 Entered: 05/21/19 11:17:40 Page 4 of

4
<TABLE> <S> <C>


<ARTICLE>     5
<MULTIPLIER>  1000
       
<S>                           <C>
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>             JUN-30-1997
<PERIOD-START>                JUL-01-1996
<PERIOD-END>                  SEP-30-1996
<CASH>                        4606
<SECURITIES>                  0
<RECEIVABLES>                 5179
<ALLOWANCES>                  81
<INVENTORY>                   2861
<CURRENT-ASSETS>              13598
<PP&E>                        8790
<DEPRECIATION>                4722
<TOTAL-ASSETS>                19388
<CURRENT-LIABILITIES>         3105
<BONDS>                       2894
<PREFERRED-MANDATORY>         1500
<PREFERRED>                   0
<COMMON>                      104
<OTHER-SE>                    11432
<TOTAL-LIABILITY-AND-EQUITY>  19388
<SALES>                       4235
<TOTAL-REVENUES>              4366
<CGS>                         2489
<TOTAL-COSTS>                 8736
<OTHER-EXPENSES>              0
<LOSS-PROVISION>              0
<INTEREST-EXPENSE>            37
<INCOME-PRETAX>               (4340)
<INCOME-TAX>                  45
<INCOME-CONTINUING>           (4385)
<DISCONTINUED>                0
<EXTRAORDINARY>               0
<CHANGES>                     0
<NET-INCOME>                  (4385)
<EPS-PRIMARY>                 (.21)
<EPS-DILUTED>                 0
        


</TABLE>
#### Buffalo Lubricating Oil Company, Limited, Appellant, v. Hiram B. Everest and another, Respondents.

Order affirmed, with costs of this appeal to the respondents, to abide event, on the opinion of

Barker, J.,

at Special Term.