alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Williams Natural Gas Company, appellant, v. State Board of Equalization and Assessment, appellee. Williams Pipeline Company, appellant, v. State Board of Equalization and Assessment, appellee.

471 N.W.2d 752

Filed July 12, 1991.

Nos. 90-869, 90-870.

WilliamE. Peters, of Peters&Chunka, P.C., for appellants.

Don Stenberg, Attorney General, and L. Jay Bartel for appellee.

Hastings, C.J., Boslaugh, White, Caporale, Shanahan, Grant, and Fahrnbruch, J J.

Per Curiam.

These are appeals from the findings and order of the State Board of Equalization and Assessment dated August 15, 1990, denying the appellants’ claims for property tax relief. The appellants in these cases are the owners of centrally assessed property in the State of Nebraska and operate pipeline systems in Nebraska.

The issues raised in these appeals are disposed of by *MAPCO Ammonia Pipeline*v. *State Bd. of Equal., ante*p. 565, 471 N.W.2d 734 (1991). In light of our decision in that case, the causes are remanded to the State Board of Equalization and Assessment for further proceedings consistent with our opinion in *MAPCO Ammonia Pipeline, supra,*and the relief requested by the parties.

Reversed and remanded for

further proceedings.

*638Shanahan, J.,

concurring in part, and in part dissenting.

For the reasons expressed in my concurrence and dissent filed in *MAPCO Ammonia Pipeline*v. *State Bd. of Equal., ante*p. 565, 471 N.W.2d 734 (1991), I also concur in part and dissent in part concerning the majority’s opinion filed in this appeal.
Exhibit



EXHIBIT 10.1





FOURTH AMENDMENT
This Fourth Amendment dated June 1, 2016 (this “Amendment”), between Quantum Fuel Systems Technologies Worldwide, Inc., as “Borrower,” and Douglas Acquisitions LLC, as “Lender,” amends the Superpriority Debtor-in-Possession Credit Agreement dated March 22, 2016 (as amended, the “Credit Agreement”), between the Borrower and the Lender. Capitalized terms used but not otherwise defined in this Amendment have the meanings assigned to those terms in the Credit Agreement.
A.    The Borrower has requested the Lender to increase the Commitment from $7,636,000 to $9,000,000.
B.    The Borrower and the Lender have accordingly agreed to make the following changes to the terms of the Credit Agreement.
The parties hereto, for valuable consideration, agree as follows:
1.    The definition of “Commitment” is amended to read: “‘Commitment’: the obligation of the Lender to make Loans to the Borrower in an aggregate outstanding principal amount not to exceed $9,000,000 at any time.”
2.    In accordance with Section 5.4(a) of the Credit Agreement, the Lender approves an updated Budget in the form attached to this Amendment as Exhibit A.  
3.    This Amendment may be executed by one or more of the parties to this Amendment on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Amendment by fax or other electronic-imaging means shall be effective as delivery of a manually executed counterpart hereof.
(Signature pages follow.)


IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered by their proper and duly authorized officers as of the day and year first above written.
QUANTUM FUEL SYSTEMS TECHNOLOGIES WORLDWIDE, INC.
By    /s/ W. Brian  Olson             
    W. Brian Olson 
    President and CEO


LENDER:
DOUGLAS ACQUISITIONS LLC
By    /s/ Tim McGaw                 
    Tim McGaw 
    President


1
DWT 29695399v2 0091125-000010
<TABLE> <S> <C>

<ARTICLE> 5

<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S FORM 10-Q FOR THE THREE MONTHS ENDED MARCH 31, 2000 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
INCLUDED IN SUCH REPORT.
</LEGEND>



<S>                     <C>
<PERIOD-TYPE>           3-MOS
<FISCAL-YEAR-END>       DEC-31-2000
<PERIOD-END>            MAR-31-2000

<CASH>                           2,733,565
<SECURITIES>                          0
<RECEIVABLES>                       29,847
<ALLOWANCES>                          0
<INVENTORY>                           0
<CURRENT-ASSETS>                 2,763,412
<PP&E>                                0
<DEPRECIATION>                        0
<TOTAL-ASSETS>                   2,763,412
<CURRENT-LIABILITIES>               61,271
<BONDS>                               0
<COMMON>                              0
<PREFERRED-MANDATORY>                 0
<PREFERRED>                           0
<OTHER-SE>                       2,702,141
<TOTAL-LIABILITY-AND-EQUITY>     2,763,412
<SALES>                               0
<TOTAL-REVENUES>                    58,057
<CGS>                                 0
<TOTAL-COSTS>                       50,116
<OTHER-EXPENSES>                    74,835
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>                    0
<INCOME-PRETAX>                    (66,894)
<INCOME-TAX>                          0
<INCOME-CONTINUING>                (66,894)
<DISCONTINUED>                        0
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                       (66,894)
<EPS-BASIC>                         (.37)
<EPS-DILUTED>                         (.37)




</TABLE>
(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 11, 2011
    By:
    /s/ William C. StoneWilliam C. StoneChairman of the Board and Chief Executive Officer
(Principal Executive Officer)Date: March 11, 2011
    By:
    /s/ Patrick J. PedontiPatrick J. PedontiSenior Vice President and Chief Financial Officer
(Principal Financial Officer)
Exhibit 32 Certification Pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002
(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States
Code) Pursuant to section 906 of the Sarbanes-Oxley Act of 2002
(subsections
(a) and (b) of section 1350, chapter 63 of title 18, United States Code), each
of the undersigned officers of Great-West Life & Annuity Insurance Company,
a Colorado corporation (the Company), does hereby certify, to such officers
knowledge, that: The Quarterly Report on Form 10-Q for the quarter ended June 30,
2008
(the Form 10-Q) of the Company fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information
contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Company. Dated:
August 14,
 2008
/s/
Mitchell
 T.G. GrayeMitchell
 T.G. GrayePresident
 and Chief Executive OfficerDated:
August 14,
 2008
/s/
James
 L. McCallenJames
 L. McCallenSenior
 Vice President and Chief Financial Officer The foregoing certification is being furnished solely pursuant to
section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code) and is not being
filed as part of the Form 10-Q or as a separate disclosure document. 42
<PAGE>

                                                                    Exhibit 32.1


CERTIFICATIONS  OF PRESIDENT  AND CHIEF  EXECUTIVE  OFFICER AND CHIEF  FINANCIAL
OFFICER PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


CERTIFICATIONS

In  connection  with the  Quarterly  Report of  Nutrition  21,  Inc., a New York
corporation (the "Company"), on Form 10-Q/A for the quarter ending September 30,
2003, as filed with the Securities and Exchange Commission (the "Report"),  Gail
Montgomery,  President  and Chief  Executive  Officer of the  Company,  and Paul
Intlekofer, Chief Financial Officer of the Company, respectively, do each hereby
certify,  pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002 (18 U.S.C. ss.
1350), 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/    Gail Montgomery
-----------------------------
Gail Montgomery
President and Chief Executive Officer
December 24, 2003



/s/     Paul Intlekofer
-----------------------------
Paul Intlekofer
Chief Financial Officer
December 24, 2003


A signed  original of this  written  statement  required by Section 906 has been
provided to Nutrition  21, Inc.  and will be retained by Nutrition  21, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.



                                       23
**EXHIBIT 23.2**

**CONSENT OF INDEPENDENT AUDITORS**

We consent to the incorporation by reference in theRegistration Statements on Form S-8 (No. 333-198688, No. 333-198687, No. 333-191123, No. 333-191122, No. 333-190495, No. 333-186976, No. 333-179782, No. 333-174943, No. 333-174942, No. 333-170933, No. 333-168296, No. 333-166712, No. 333-163853, No. 333-161808, No. 333-161806, No. 333-149417, No. 333-149416,No. 333-147125, No. 333-147124, No. 333-145046, No. 333-145044, No. 333-140917, No. 333-138422, No. 333-132226, No. 333-127322, No. 333-126581, No. 333-120999,No. 333-118093, No. 333-118088, No. 333-118067, No. 333-112596, No. 333-109914, No. 333-104137, No. 333-39105, No. 333-46492, No. 333-54426, No. 333-56781, No. 333-60828,No. 333-66067, No. 333-76995, No. 333-79675, No. 333-80227, No. 333-81635, No. 333-83770, No. 333-89948, and No. 333-93497), and the Registration Statement on Form S-4 (No. 333-62694) of Yahoo! Inc. of our report dated September 17, 2014 relating to the consolidated financial statements of Yahoo Japan Corporationand its consolidated subsidiaries (which report expresses an unqualified opinion and includes explanatory paragraphs relating to: 1) a subsequent event concerning the termination of the purchase of shares of eAccess Ltd.; 2) the differences betweenaccounting principles generally accepted in Japan and accounting principles generally accepted in the United States of America; 3) the fact that we did not audit, review or compile the consolidated financial statements as of and for the year endedMarch 31, 2013; and 4) the translation of Japanese Yen amounts into U.S. dollars), appearing in this Amendment No. 1 to the Annual Report on Form 10-K of Yahoo! Inc. for the year ended December 31, 2013.
----

|    |                                                                                                                                              |
|---------|---------------------------------------------------------------------------------------------------------------------------------------------------|
| ● | the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and |
|    |                                                                                                                                              |
| ● | the information in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.        |

|   | By:    | /s/ JAMES A. HAYWARD       |   |
|--------|--------|----------------------------|--------|
|   |   | James A. Hayward           |   |
|   |   | Chief Executive Officer    |   |
|   |   | Applied DNA Sciences, Inc. |   |
|   |   | February 14, 2011          |   |
<PAGE>
                                                                    EXHIBIT 23.1

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

    As independent public accountants, we hereby consent to the incorporation
of our report included in this Form 10-K into Peregrine Systems, Inc.
previously filed Registration Statements Files No. 333-37105, No. 333-44699,
No. 333-60423, No. 333-65541, No. 333-84355, No. 333-90325, No. 333-31850,
No. 333-35536, No. 333-35504, and No. 333-31848).

                                          /s/ Arthur Andersen LLP
                                          ------------------------
                                          ARTHUR ANDERSEN LLP

San Diego, California
May 9, 2000
I 

113TH CONGRESS 

2D SESSION H. R. 4780 

To amend title XVIII of the Social Security Act to provide for a fiveyear extension of the rural community hospital demonstration program. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 30, 2014 

Mr. YOUNG of Alaska (for himself, Mr. LOEBSACK, Mr. BRALEY of Iowa, and 

Mr. KING of Iowa) introduced the following bill; which was referred to 

the Committee on Ways and Means 

A BILL 

To amend title XVIII of the Social Security Act to provide 

for a five-year extension of the rural community hospital 

demonstration program. 

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 Community Hos5 pital Demonstration Extension Act of 2014’’. 

6 SEC. 2. FIVE-YEAR EXTENSION OF THE RURAL COMMUNITY 

7 HOSPITAL DEMONSTRATION PROGRAM. 

8 (a) EXTENSION.—Section 410A of the Medicare Pre9 scription Drug, Improvement, and Modernization Act of 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 4780 IH

1 2003 (Public Law 108–173; 42 U.S.C. 1395ww note), as 

2 amended by sections 3123 and 10313 of the Patient Pro3 tection and Affordable Care Act (Public Law 111–148), 

4 is amended— 

5 (1) in subsection (a)(5), by striking ‘‘5-year ex6 tension period’’ and inserting ‘‘10-year extension pe7 riod’’; and 

8 (2) in subsection (g)— 

9 (A) in the subsection heading, by striking 

10 ‘‘FIVE-YEAR’’ and inserting ‘‘TEN-YEAR’’; 

11 (B) in paragraph (1), by striking ‘‘addi12 tional 5-year’’ and inserting ‘‘additional 10- 

13 year’’; and 

14 (C) by striking ‘‘5-year extension period’’ 

15 each place it appears and inserting ‘‘10-year ex16 tension period’’. 

17 (b) CHANGE IN TIMING FOR REPORT.—Subsection 

18 (e) of such section 410A is amended by striking ‘‘Not later 

19 than 6 months after the completion’’ and inserting ‘‘Not 

20 later than 2 years prior to the completion’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
## U NITED 

## S TATES 

## N AVY



## – M ARINE 

## C ORPS 

## C OURT OF 

## C RIMINAL 

## A PPEALS

_________________________ No

. 201 600206

_________________________ 

### UNITED STATES OF AMERICA Appellee

v.


### ROBERT J. BEEBE
Lance Corporal (E

- 3 ), U.S. Marine Corps Appellant

_________________________ App eal from the United States Navy

- Marine Corps Trial Judiciary

Military Judge: Colonel Peter S. Rubin, USMC

. For Appellant : Lieutenant Commander Derek C. Hampton, JAGC, USN

. For Appellee: Brian K. Keller, Esq.

_________________________ Decided 15 September 2016

_________________________ Before CAMPBELL , RUGH and HUTCHISON

, Appellate Military Judges

_________________________ After careful consideration of the record, submitted without assignment of error, we affirm the findings and sentence as approved by th e convening authority. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c).

For the Court

R.H. TROIDL Clerk of Court
#### American Bridge Company of New York, Respondent, v. Richard P. Lydon, as Executor, etc., of Richard W. Buckley, Deceased, and Others, Appellants.

Judgment and order affirmed, with costs. No opinion.
<PAGE>
                                                                    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 Applied DNA Sciences, Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Lawrence Lee, Chief Executive Officer and Chairman, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act, 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 result of operations of the Company.


                                     /s/ Lawrence Lee
                                    ------------------
                                     Lawrence Lee
                                     Chief Executive Officer and President
May 15, 2003




<PAGE>
ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeal of --

Guardian Moving & Storage Co., Inc. 

Under Contract No. W8 l GYE-D-0021 

APPEARANCE FOR THE APPELLANT: 

) 

) 

) 

) 

) 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA No. 61490 

Mr. Eugene W. Smoot 

President 

Jeffrey P. Hildebrant, Esq. 

Air Force Deputy Chief Trial Attorney 

Heather M. Mandelkehr, Esq. 

Danielle A. Runyan, Esq. 

Trial Attorneys 

ORDER OF DISMISSAL 

The Board docketed this appeal on 18 January 2018. By letter dated 19 March 2018, 

prior to appellant filing its complaint, the parties jointly requested that the appeal be 

dismissed without prejudice. Accordingly, this appeal is dismissed from the Board's docket 

without prejudice. See TTF, L.L.C., ASBCA No. 58494, 13 BCA 135,343 at 173,464. 

Dated: 22 March 2018 

Armed Services Board 

of Contract Appeals 

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed 

Services Board of Contract Appeals in ASBCA No. 61490, Appeal of Guardian 

Moving & Storage Co., Inc., rendered in conformance with the Board's Charter. 

Dated: 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
<PAGE>
 
                                                                   EXHIBIT 10.49

                     [LETTERHEAD OF PETRIUS APPEARS HERE]


April 9, 1999



John Giordano
5 Queene Ann Rd.
Hopkinton, MA

Dear John:

In consideration for your acceptance of the position as president of Peritus
Software Services, Inc. ("the Company"), the Company is providing you with a
recoverable bonus of $120,000 minus all taxes, FICA and other withholdings
required by law. This bonus is in place of and supercedes the payments you would
receive in the event of a change in control under the addendum to your
employment agreement dated August 13, 1998 and is in place of any severance
arrangements that may be offered by the Company through September 30, 1999. This
bonus does not affect your eligibility to receive other benefits or payments
under other Peritus plans or by a person or entity other than Peritus.

This bonus will vest and become non-recoverable on the earlier of: (i) September
30, 1999, (ii) the date of termination of your employment by the Company without
cause, or (iii) the merger, liquidation, consolidation, sale of substantially
all of the assets, bankruptcy, reorganization or receivership of the Company (a
"Vesting Event"). Cause shall mean the failure to perform your duties,
conviction of a felony or conduct that materially injures the Company.

You acknowledge that you are an employee at will. If you voluntarily terminate
your employment with the Company prior to a Vesting Event, you will promptly
return a cash amount equal to the gross bonus amount to Peritus.

The terms and existence of this bonus arrangement are confidential and if you
disclose them to anyone else, Peritus may demand prompt repayment thereof.

This arrangement is binding on Peritus and its successors and assigns whether by
means of merger, consolidation, sale of assets, or otherwise and shall be
governed by Massachusetts substantive laws.

Please acknowledge your understanding to the terms hereof by signing below.

Sincerely,



Peritus Software Services, Inc.         Agreed to and accepted by:

By: /s/ Eugene DiDonato                 John Giordano 
   -------------------------------      -------------------------- 
   Eugene DiDonato Vice- President      John Giordano
KEENAN JAMAAL VARNER

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 16

- 2765

___ __________________________/

Opinion filed November 7, 2016.

An appeal from an order of the Circuit Court for Duval County

. Marianne L. Aho , Judge

.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public

Defender, Tallahassee , for Appe llant.

Pamela Jo Bondi, Attorney General, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

ROBERTS

, C.J.

, JAY and WINSOR

, J J

. , CONCUR.
<PAGE>   1
Exhibit 23

                      CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statements on Forms S-8 (File numbers 333-07205, 333-07207, 333-07211,
333-07213, 333-52295, 333-82131 and 333-95401) of SS&C Technologies, Inc. of our
report dated February 10, 2000 relating to the consolidated financial statements
which appears in the 1999 Annual Report to Shareholders which is incorporated in
this Annual Report on Form 10-K.



/s/ PricewaterhouseCoopers LLP

PricewaterhouseCoopers LLP
Hartford, Connecticut
March 29, 2000