alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w4






Exhibit 10.4




Manufacturing Initiation Payment
 Addendum to Master 

Services and Supply Agreement



This Addendum dated 14 May 2009 is entered into by and between LifeScan, Inc., a Californian
corporation of 1000 Gibraltar Drive, Milpitas, CA 95035-6312, USA (LifeScan), Universal Biosensors
Pty Ltd ACN 098 234 309, a company incorporated in Victoria, Australia of 1 Corporate Avenue,
Rowville, Victoria 3178, Australia (UBS) and Universal Biosensors, Inc., a Delaware corporation of
having its registered office at c/o Corporation Service Company 2711 Centerville Road, Suite 400,
Wilmington, Delaware 19808 USA (UBI).



The parties agree that this Addendum is to be attached to, and form part of the Master Services and
Supply Agreement between LifeScan, UBS and UBI dated 29 October 2007 (the Master Agreement). In
relation to the matters addressed in this Addendum, each of LifeScan, UBS and UBI agree to be bound
by all of the terms and conditions of the Master Agreement, and each party makes the
representations and warranties set forth in the Master Agreement expressed to be made by LifeScan,
UBS or UBI, as the case may be.



All capitalized terms used in this Addendum and not otherwise defined herein shall have the meaning
ascribed to such terms in the Master Agreement (including all Service Addendums and Product
Addendums).



LifeScan and UBS agree that during calendar year 2010, LifeScan will pay UBS *[REDACTED].



LifeScan and UBS agree that during calendar year 2011, *[REDACTED].



The amounts actually paid by LifeScan pursuant to the previous two paragraphs are referred to as
the “Manufacturing Initiation Payment”.



*[REDACTED].



Executed as an agreement by the duly authorized representative of each Party as of the date first
written above.






 




			
	*	 	Confidential portion has been omitted and has been filed separately with the Securities and
Exchange Commission pursuant to a request for confidential treatment.





			
	 	 	 
	Manufacturing Initiation Payment Addendum (execution)
	 	1






 









 






	 	 	 	 	 	 	 
	Executed by LifeScan, Inc.

	 	 	)	 	 	 
	 

	 	 	)	 	 	 
	 
	 	 	 	 	 	 
	 
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Name: Dean Dalson
	 
	 
	 	 	 	 	 	 
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Title: Vice President
	Executed by Universal Biosensors

	 	 	)	 	 	 
	Pty Ltd

	 	 	)	 	 	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 
	Company Secretary/Director

	 	 	 	 	 	Director
	 
	 
	 	 	 	 	 	 
	 	 	 	 	 	 	 
	Name of Company Secretary/Director

	 	 	 	 	 	Name of Director (print)
	(print)
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	Executed by Universal Biosensors, 
	 	 	)	 	 	 
	Inc. 
	 	 	)	 	 	 
	 
	 	 	 	 	 	 
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Name
	 
	 
	 	 	 	 	 	 
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Title






[Execution Page for the Manufacturing Initiation Payment Addendum]




			
	 	 	 
	Manufacturing Initiation Payment Addendum (execution)
	 	2
**Exhibit 31.2**

 

**CFO CERTIFICATION**

 

I, Nancy E. Cooper, certify that:

 

1.               I have reviewed this Quarterly Report onForm 10-Q of IMS Health Incorporated (the “registrant”);

 

2.               Based on my knowledge, this report doesnot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.               Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4.               The registrant’s other certifyingofficer and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

(a)          Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated 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 theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

(c)          Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

 

5.               The registrant’s other certifyingofficers and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing theequivalent functions):

 

(a)          All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

(b)         Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 
| Date:  May 3, 2004 |
|-------------------------|
|                    |
| By:                     | /s/ Nancy E. Cooper |   |
|                    | Nancy E. Cooper |
|                    | Senior Vice President and Chief Financial Officer |

 

----
Exhibit 32.2   CERTIFICATE 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 (the Report) on the Form 10-K of Siga Resources, Inc. (the Company) for the year ended July 31, 2009, as filed with the Securities and Exchange Commission on the date hereof, I, Robert Malasek Chief Financial Officer, Secretary Treasurer and Director, 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 and belief:  1.    The Report fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities and Exchange Act of 1934, as amended; and  2.     The information contained in this Report fairly presents, in all material respects, the financial condition and results of operation of the Company.   Date: November 10, 2010   /s/     ROBERT MALASEK Robert Malasek Chief Financial Officer, Secretary Treasurer and Director
<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


Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I, Eugene Miller, President and Chief Executive
Officer of Landacorp, Inc. (the "Company") hereby certify that to the best of
my knowledge:

     (1) The Company's Quarterly Report on Form 10-Q for the period ended March
31, 2003, and to which this certification is attached as Exhibit 99.1 (the
"Periodic 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 Periodic Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.


Date:  May 13, 2003                             /s/  Eugene Miller
                                                --------------------------------
                                                Eugene Miller
                                                President and Chief Executive
                                                Officer
**Exhibit  99.1**

**Rule 13a-14(a) 15(d)-14(a) Certification**

**By Chief Executive Officer**

I, Bob Hogarth, certify that:

 

 

Date: November 22, 2013

 

 

BOB HOGARTH                                 

Bob Hogarth

Chief Executive Officer, Presidentand Director
[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Notices]
[Page 63499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30090]



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

DEPARTMENT OF COMMERCE
[Order No. 786]


Hoffmann-La Roche Inc., (Pharmaceutical Products), Freeport, TX; 
Grant of Authority for Subzone Status

    Pursuant to its authority under the Foreign-Trade Zones Act of 
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade 
Zones Board (the Board) adopts the following Order:

    Whereas, by an Act of Congress approved June 18, 1934, an Act ``To 
provide for the establishment * * * of foreign-trade zones in ports of 
entry of the United States, to expedite and encourage foreign commerce, 
and for other purposes,'' as amended (19 U.S.C. 81a-81u) (the Act), the 
Foreign-Trade Zones Board (the Board) is authorized to grant to 
qualified corporations the privilege of establishing foreign-trade 
zones in or adjacent to U.S. Customs ports of entry;
    Whereas, the Board's regulations (15 CFR Part 400) provide for the 
establishment of special-purpose subzones when existing zone facilities 
cannot serve the specific use involved;
    Whereas, an application from the Port of Freeport, Texas, grantee 
of Foreign-Trade Zone 149, for authority to establish special-purpose 
subzone status at the pharmaceutical manufacturing facility (vitamins 
and fine chemicals) of Hoffmann-La Roche Inc., in Freeport, Texas, was 
filed by the Board on November 29, 1994, and notice inviting public 
comment was given in the Federal Register (FTZ Docket 39-94, 59 FR 
65752, 12-21-94); and,
    Whereas, the Board has found that the requirements of the FTZ Act 
and Board's regulations are satisfied, and that approval of the 
application is in the public interest;
    Now, therefore, the Board hereby authorizes the establishment of a 
subzone (Subzone 149B) at the plant of Hoffmann-La Roche Inc., in 
Freeport, Texas, at the location described in the application, subject 
to the FTZ Act and the Board's regulations, including Sec. 400.28.

    Signed at Washington, DC, this 28th day of November 1995.
Susan G. Esserman,
Assistant Secretary of Commerce for Import Administration, Alternate 
Chairman, Foreign-Trade Zones Board.
    ATTEST:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 95-30090 Filed 12-8-95; 8:45 am]
BILLING CODE 3510-DS-P
**Exhibit 32.1**

** **

**Certification**

**Pursuant to Section 906 of the Sarbanes-Oxley Act of2002**

**(Subsections (a) and (b) of Section 1350,Chapter 63 of Title 18, United States Code)**

 

 

 

Pursuant to section 906 of the Sarbanes-OxleyAct of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18,United States Code), each of the undersigned does hereby certify that:

 

The Form 10-Q for the quarter ended June 30, 2004 (the“Form 10-Q”) of the Company fully complies with the requirements of section13(a) or 15(d) of the Securities Exchange Act of 1934 and information containedin the Form10-Q fairly presents, in all material respects, the financialcondition and results of operations of the Company.

 

 
|                 | /s/ David M. Thomas                                  |   |
|----------------------|------------------------------------------------------|--------|
| Date: August 3, 2004 | David M. Thomas                                      |
|                 | Chairman and  Chief Executive Officer                |
|                 |                                                 |
|                 |                                                 |
|                 |                                                 |
|                 | /s/ Nancy E.  Cooper                                 |   |
| Date: August 3, 2004 | Nancy E.  Cooper                                     |
|                 | Senior Vice  President and   Chief Financial Officer |

 

 

The foregoing certification is beingfurnished 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 aseparate disclosure document.

 

A signed original of this written statement required by Section 906 hasbeen provided to IMS Health Incorporated and will be retained by IMS HealthIncorporated and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

----
#### William H. Sussdorff, Appellant, v. Charles H. Curtis, Respondent.

Judgment unanimously affirmed, with costs.
October 31, 2019

Case: 19-30088 Doc# 4529 Filed: 10/31/19 Entered: 10/31/19 10:02:01 Page 1 of

3
US_ACTIVE-149856250.1

EVIDENCE OF TRANSFER OF CLAIM 

For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, 

WHITEBOX MULTI-STRATEGY PARTNERS, LP (“Seller”) does hereby unconditionally and irrevocably sell, 

transfer and assign unto MIDTOWN ACQUISITIONS L.P. (“Buyer”) all rights, title and interest in and to the 

claims of Seller referenced as proofs of claim 2945 and 2940 (the “Claim”) against Pacific Gas and Electric 

Company and its affiliated debtors and debtors in possession (the “Debtor”) whose Chapter 11 bankruptcy case 

is pending in the United States Bankruptcy Court for the Northern District of California (the “Bankruptcy Court”) 

(or any other court with jurisdiction over the bankruptcy proceedings) as Case No. 19-30088. 

Seller hereby waives any objection to the transfer of the Claim assigned herein (the “Transferred Claim”) 

to Buyer on the books and records of the Debtor and the Bankruptcy Court, and hereby waives to the fullest 

extent permitted by law any notice or right to a hearing as may be imposed by Rule 3001 of the Federal Rules of 

Bankruptcy Procedure, the Bankruptcy Code, applicable local bankruptcy rules or applicable law. Seller 

acknowledges and understands, and hereby stipulates, that an order of the Bankruptcy Court may be entered 

without further notice to Seller transferring to Buyer the Transferred Claim and recognizing the Buyer as the sole 

owner and holder of the Transferred Claim. Seller further directs the Debtor, the Bankruptcy Court and all other 

interested parties that all further notices relating to the Transferred Claim, and all payments or distributions of 

money or property in respect of the Transferred Claim, shall be delivered or made to the Buyer. 

IN WITNESS WHEREOF, the undersigned has duly executed this Transfer of Claim by its duly authorized 

representative dated the _____ day of October, 2019. 

SELLER: 

WHITEBOX MULTI-STRATEGY PARTNERS, LP

Name:

Title:

BUYER: 

MIDTOWN ACQUISITIONS L.P.

By: Midtown Acquisitions GP LLC

Name:

Title:

DocuSign Envelope ID: EFC030CC-D53B-4695-A1E6-72430F94D70D

Luke Harris

General Counsel

Whitebox Advisors LLC

30th

Case: 19-30088 Doc# 4529 Filed: 10/31/19 Entered: 10/31/19 10:02:01 Page 2 of

3
30th

Case: 19-30088 Doc# 4529 Filed: 10/31/19 Entered: 10/31/19 10:02:01 Page 3 of

3
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 July 28, 2015

p0720

Order 

Clerk

July 28, 2015

150491(52)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 150491

COA: 318633

Wayne CC: 11-009674-FC

PIERRE LAMAR TAYLOR,

Defendant-Appellant.

____________________________________/

On order of the Court, the motion for reconsideration of this Court’s April 23, 

2015 order is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously.
N OTE : This disposition is nonprecedential. 

# United States **Court of Appeals**  **for the Federal Circuit**

______________________ AMARIN PHARMA, INC., AMARIN PHARMACEUTICALS IRELAND LIMITED, Plaintiffs

EPA DRUG INITIATIVE II, Movant

- Appellant

v.
HIKMA PHARMACEUTICALS USA INC., HIKMA PHARMACEUTICALS INTERNATIONAL LIMITED, WEST

- WARD PHARMACEUTICALS INTERNATIONAL LIMITED, DR. REDDY'S LABORATORIES, INC., DR. REDDY'S LABORATORIES, LTD., Defendants

- Appellees

______________________
2021

- 2024

______________________ Appeal from the United States District Court for the District of Nevada in No s . 2:16

- cv

- 02525

- MMD

- NJK, 2:16

- cv

- 02562

- MMD

- NJK, Judge Miranda M. Du.

______________________
JUDGMENT

______________________ Case: 21-2024 Document: 55 Page: 1 Filed: 02/15/2022M ICHAEL S. K ASANOFF , I, Michael S. Kasanoff, LLC, Matawan, NJ, argued for movant

- appellant.

C HARLES B. K LEIN , Winston & Strawn LLP, Washington, DC, for defendants

- appellees Hikma Pharmaceuticals USA Inc., Hikma Pharmaceuticals International Limited, West

- Ward Pharmaceuticals International Limited. Also represented by C LAIRE A. F UNDAKOWSKI ; A LISON M ICHELLE K ING , Chicago, IL; E IMERIC R EIG -P LESSIS , San Francisco, CA.

J AMES B ARABAS , Windels Marx Lane & Mittendorf
, LLP, Madison, NJ, argued for all defendants

- appellees. Defendants

- appellees Dr. Reddy's Laboratories, Inc., Dr. Reddy's Laboratories, Ltd. also represented by B ETH C. F INKELSTEIN , C ONSTANCE H UTTNER , C AROLINE S UN

.

______________________
T HIS C AUSE ha ving been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (N EWMAN , D YK , and R EYNA , Circuit Judges ).
AFFIRMED. See Fed . Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

February 15, 2022 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court Case: 21-2024 Document: 55 Page: 2 Filed: 02/15/2022
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-7956

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BENJAMIN LEE,

Defendant - Appellant.

Appeal from the United States District Court for the District of 

Maryland, at Baltimore. Ellen L. Hollander, District Judge. 

(1:09-cr-00551-ELH-1; 1:12-cv-01321-ELH)

Submitted: June 10, 2014 Decided: August 5, 2014

Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Benjamin Lee, Appellant Pro Se. Peter Marshall Nothstein, 

OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland; Sujit 

Raman, Assistant United States Attorney, Greenbelt, Maryland, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Benjamin Lee seeks to appeal the district court’s 

order denying relief on his 28 U.S.C. § 2255 (2012) motion. The 

order is not appealable unless a circuit justice or judge issues 

a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B)

(2012). A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2012). When the district court denies 

relief on the merits, a prisoner satisfies this standard by 

demonstrating that reasonable jurists would find that the 

district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 

When the district court denies relief on procedural grounds, the 

prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the motion states a debatable 

claim of the denial of a constitutional right. Slack, 529 U.S. 

at 484-85. 

We have independently reviewed the record and conclude 

that Lee has not made the requisite showing. Accordingly, we 

deny a certificate of appealability and dismiss the appeal. Lee 

moves to seal the entire case. While we see no compelling 

reason to seal everything, see In re State-Record Co., 917 F.2d 

124, 129 (4th Cir. 1990) (docket entry sheet not likely to 
3

contain information prejudicial to the criminal defendant), we 

will grant the motion insofar as it pertains to his informal 

brief and the motion to seal. 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.

DISMISSED
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001058441
<NAME> RAINBOW RENTALS, INC.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JUL-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                               0
<SECURITIES>                                         0
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<ALLOWANCES>                                         0
<INVENTORY>                                     34,571
<CURRENT-ASSETS>                                36,150
<PP&E>                                           5,416
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  54,606
<CURRENT-LIABILITIES>                            8,354
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<SALES>                                         22,096
<TOTAL-REVENUES>                                23,527
<CGS>                                                0
<TOTAL-COSTS>                                    7,851
<OTHER-EXPENSES>                                14,423
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<INCOME-PRETAX>                                    986
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<NET-INCOME>                                       579
<EPS-BASIC>                                        .10
<EPS-DILUTED>                                      .10


</TABLE>