alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.1




 Exhibit 10.1 

FIRST AMENDMENT TO SECTION 382 RIGHTS AGREEMENT 

This First Amendment to Section 382 Rights Agreement (the “First Amendment”) is made as of December 2, 2022 by and
between MERRIMACK PHARMACEUTICALS, INC. (the “Company” and COMPUTERSHARE TRUST COMPANY, N.A. as Rights Agent (the “Rights Agent”), amending the Section 382 Rights Agreement by and between the Company and the
Rights Agent dated December 3, 2022 (the “Original Rights Agreement”). Except as set forth herein, any defined terms contained herein have the meaning set forth in the Original Rights Agreement. 

WHEREAS (a) the Company and certain of its Subsidiaries have generated certain Tax Benefits for United States federal and state
income tax purposes, (b) the Company desires to avoid an “ownership change” within the meaning of Section 382 of the Code and the Treasury Regulations promulgated thereunder and similar state tax laws, and thereby preserve
its ability to utilize such Tax Benefits, and (c) in furtherance of such objective, the Company and the Rights Agent entered into the Original Rights Agreement; and 

WHEREAS the Company and the Rights Agent wish to amend the Original Rights Agreement to extend the term of the Original Rights Agreement
through December 2, 2025; 
 NOW, THEREFORE, the Company and the Rights Agent agree as follows: 

 

	 	1.	 The definition of “Final Expiration Date” is hereby amended to read as follows:



 “(u) Final Expiration Date” means the earlier of (i) the Close of Business on
December 2, 2025 or (ii) the Close of Business on the date that the Board determines that (A) this Agreement is no longer necessary or desirable for the preservation of the Tax Benefits or (B) the Tax Benefits have been fully
utilized and may no longer be carried forward. 
  

	 	2.	 The definition of “Early Termination Date” is hereby amended to read as follows:



 (o) “Early Expiration Date” means, if Stockholder Approval has not been obtained by the
Close of Business on the date on which the Company’s 2023 annual meeting of stockholders is concluded (or, if later, the date on which the votes of the stockholders of the Company with respect to such meeting are certified), the Close of
Business on such date. For the avoidance of doubt, if Stockholder Approval is obtained then there shall be no Early Expiration Date. 
  

	 	3.	 Except as modified herein, all other terms and conditions set forth in the Original Rights Agreement are hereby
ratified and confirmed in all respects. 


 IN WITNESS WHEREOF, the Company and the Rights Agent have entered into this
First Amendment as of the date first written above. 
  

					
	COMPUTERSHARE TRUST COMPANY, N.A.	 		 	MERRIMACK PHARMACEUTICALS, INC.
			
	 /s/ Rachel Fisher
	 		 	 /s/ Gary L. Crocker

	Name: Rachel Fisher	 		 	Name: Gary L. Crocker
	Title: Sr. Contract Negotiation Specialist	 		 	Title: President
#### KUGLER LUMBER COMPANY v. SAMUEL W. LATHAM et al.

(Filed 10 December, 1930.)

Appeal by defendants from *Nunn, J.,*at May Term, 1930, of Beau-poet.

Civil action for trespass.

Judgment for plaintiff. Damages assessed at five cents. Defendants appeal.

*H. C. Carter for plaintiff.*

*A. W. Bailey and L. M. Scott for defendants.*

Pee Cueiam.

Dismissed on authority of *Pruitt v. Wood, ante,*788, for failure to comply with rules 27% and 28. 192 N. C., p. 852.

Motion for new trial on ground of newly discovered evidence denied. *Johnson v. R. R.,*163 N. C., 431, 79 S. E., 690.

Appeal dismissed.
**Exhibit 31.2**

 

**CERTIFICATION**

 

I, Stephen J. Lifshatz, certify that: 

 

1. I have reviewed this report on Form 10-Q of Lionbridge Technologies, Inc.; 

 

2. Based on my knowledge, this report does not 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 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 presentin 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 definedin Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have: 

 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under oursupervision, 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) [Paragraph omitted in accordance with SECtransition instructions contained in SEC Release No. 34-47986]; 

 

c) 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 endof the period covered by this report based on such evaluation; and presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date; 

 

d) Disclosed in this report any change in theregistrant’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 isreasonably 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 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 controls over financial reporting which arereasonably 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’sinternal control over financial reporting. 

 

Date: August 6, 2004 

 

 

1
**Exhibit 3.4**

 

CERTIFICATE OF AMENDMENT 

TO 

AMENDED AND RESTATED 

CERTIFICATE OFINCORPORATION 

OF 

SAVVISCOMMUNICATIONS CORPORATION, 

a Delaware corporation 

 

* * * * 

 

SAVVIS Communications Corporation, a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware,

 

DOES HEREBY CERTIFY: 

 

FIRST: That the Board of Directors of said corporation, by unanimous writtenconsent dated April 20, 2004, adopted a resolution proposing and declaring advisable the following amendment to the Amended and Restated Certificate of Incorporation, as amended, of SAVVIS Communications Corporation: 

 

RESOLVED, that the Amended and Restated Certificate of Incorporation, asamended, of SAVVIS Communications Corporation be amended by deleting Article 4.1 in its entirety and substituting therefor the following so that, as amended, said Article shall be and read as follows: 

 

“The total number of shares of all classes of stock that the Corporationshall have the authority to issue is 1,550,000,000, of which 1,500,000,000 of such shares shall be common stock, all of one class, having a par value of $.01 per share (“Common Stock”), and 50,000,000 of such shares shall be preferredstock, having a par value of $.01 per share (“Preferred Stock”).” 

 

SECOND: That the aforesaid amendment was duly adopted in accordance with the applicable provisions of Section 242 of the General Corporation Law of the State of Delaware. 

 

IN WITNESS WHEREOF, SAVVIS COMMUNICATIONS CORPORATION has caused thisCertificate to be signed by Grier C. Raclin, its Chief Legal Officer and Corporate Secretary, who hereby acknowledges under penalties of perjury that the facts herein stated are true and that this Certificate is his act and deed, this 7th day ofJuly 2004. 

 

 

C-1
# Fourth Court of Appeals San Antonio, Texas
December 2, 2022
No. 04

- 22

- 00764

- CV MED SHIELD AMBULANCE, INC .,

Appellant

v. Oscar CASTANO , Appellee
From the 293rd Judicial District Court , Maverick Count y, Texas

Trial Court No. 21

- 05

- 40016

- MCV Honorable Maribel Flores , Judge Presiding



### O R D E R Appellant’s brief is due to be filed on December 7, 2022

. On November 30, 2022 , appellant filed a motion requesting a thirty

- day extension of time to file the brief

. Appellant’s motion is GRANTED, and appellant is ORDERED to file its brief no later than January 6, 2023

.

_________________________________ Lori I. Valenzuela , J ustice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of December, 2022

.

___________________________________ MICHAEL A. C RUZ , Clerk of Court
|   | i. | The      Annual Report on Form 10-K of the Company for the fiscal year ended      December 31, 2009 (the “Report”) fully complies with the requirements of      Section 13(a) or Section 15(d), as applicable, of the Securities Exchange      Act of 1934, as amended; and |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | ii. | The      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the      Company. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  | April 19, 2010                                                                                 |   | By: | /s/ ROBERT MCNULTY |
|--------|------------------------------------------------------------------------------------------------|--------|-----|--------------------|
|   | Name:  Robert      McNultyTitle:    Chief      Executive Officer |

----
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5666 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5666

 To strengthen United States-Israel science and technology cooperation.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2014

Mr. Weber of Texas (for himself and Mr. Smith of Texas) introduced the 
following bill; which was referred to the Committee on Science, Space, 
                             and Technology

_______________________________________________________________________

                                 A BILL

 
 To strengthen United States-Israel science and technology cooperation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. UNITED STATES-ISRAELI COOPERATION.

    (a) Amendments.--Section 917(a) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17337(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) the National Science Foundation of the United States 
        should collaborate with the Israel Science Foundation.''.
    (b) U.S.-Israel Science and Technology Foundation.--The U.S.-Israel 
Science and Technology Foundation, created pursuant to the 1994 
Memorandum of Understanding between the United States Department of 
Commerce and the Israeli Ministry of Industry and Trade (now the 
Ministry of Economy) is authorized to facilitate research and 
development and technology partnerships among United States and Israeli 
researchers, and business and industrial entities for purposes of 
advancing technologies, leading to commercialization and domestic 
manufacturing, and creating benefits for both nations. The Department 
of Commerce, through the Deputy Secretary's office and in conjunction 
with Israel's Ministry of Economy's Chief Scientist, shall ensure that 
the U.S.-Israel Science and Technology Foundation maintains its role as 
facilitator of the reauthorized 1994 Memorandum of Understanding to 
create and execute joint research and development agreements between 
Israel and United States entities, including United States Federal 
agencies, States, cities, businesses, academic institutions, and 
scientific foundations.
                                 <all>
```
Exhibit 32.1
                  CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                                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 Advanced Battery
Technologies, Inc. on Form 10-QSB for the quarter ended March 31, 2005 as
filed with the Securities and Exchange Commission (the "Report"), I, Zhiguo
Fu, Chief Executive Officer and Chairman of the Board of Advanced Battery
Technologies, Inc., certify, pursuant to 18 U.S.C. Section 1350, as adopted by
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
Advanced Battery Technologies, Inc. as of and for the period covered by the
Report.

     Pursuant to the rules and regulations of the Securities and Exchange
Commission, this certification is being furnished and is not deemed filed.

Dated:  May 13, 2005                 /s/ Zhiguo Fu
                                     ----------------------
                                     Zhiguo Fu
                                     Chief Executive Officer and Chairman
                                      of the Board
EXHIBIT 32.1



Certification of Chief Executive Officer

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to

to Section 906 of the Sarbanes-Oxley
Act of 2002



The undersigned, the Chief Executive Officer of SAVVIS
Communications Corporation (the Company), hereby certifies that, to his knowledge on the date hereof:



|(a) | the quarterly report on Form 10-Q for the quarterly period ended March 31, 2005, filed on the date hereof with the Securities and Exchange Commission (the Report) fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934: and
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(b) | information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |     |  |                                                  
|----------------- |  | --- |  | -------------------------------------------------
|Date: May 5, 2005 |  | By: |  | /s/ Robert A. McCormick                          
|                  |  |     |  | Robert A. McCormick                              
|                  |  |     |  | Chairman of the Board and Chief Executive
Officer
EX-31 Rule 13a-14(d)/15d-14(d) Certification.


  I, Kristen Ann Cronin, certify that:

  1. I have reviewed this report on Form 10-K and all reports on Form 10-D
     required to be filed in respect of the period covered by this report on
     Form 10-K of ACE Securities Corp. Home Equity Loan Trust, Series
     2007-WM1 (the "Exchange Act periodic reports");

  2. Based on my knowledge, the Exchange Act periodic reports, taken as a
     whole, do 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, all of the distribution, servicing and other
     information required to be provided under Form 10-D for the period
     covered by this report is included in the Exchange Act periodic reports;

  4. I am responsible for reviewing the activities performed by the
     servicers and based on my knowledge and the compliance reviews
     conducted in preparing the servicer compliance statements required in
     this report under Item 1123 of Regulation AB, and except as disclosed
     in the Exchange Act periodic reports, the servicer has fulfilled its
     obligations under the servicing agreements in all material respects; and

  5. All of the reports on assessment of compliance with servicing criteria
     for asset-backed securities and their related attestation reports on
     assessment of compliance with servicing criteria for asset-backed
     securities required to be included in this report in accordance with
     Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18
     have been included as an exhibit to this report, except as otherwise
     disclosed in this report.  Any material instances of noncompliance
     described in such reports have been disclosed in this report on Form
     10-K.

    In giving the certifications above, I have reasonably relied on
    information provided to me by the following unaffiliated party:
    Countrywide Home Loans Servicing LP as Servicer.

    Dated:   March 27, 2008


    /s/ Kristen Ann Cronin
    Signature

    Vice President
    (senior officer in charge of the servicing function of the master
    servicer)
Case: 19-30088    Doc# 4871-3    Filed: 11/26/19    Entered: 11/26/19 16:57:30    Page 1of 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7536

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JAMES VINCENT WELLS, Defendant - Appellant.Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (CR-96-34-BR, CA-00-730-5-BR) Submitted: January 31, 2002 Decided: February 7, 2002 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion.Kieran Joseph Shanahan, SHANAHAN LAW GROUP, Raleigh, North Carolina, for Appellant. Robert Edward Skiver, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: James Vincent Wells seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.2001). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Wells , Nos. CR-96-34-BR; CA00-730-5-BR (E.D.N.C. filed June 8, 2001 & entered June 12, 2001).We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Exhibit 34.3

 

 

Report of Independent Registered Public Accounting Firm

 

The Board of Directors 

HSBC Technology & Services (USA) Inc.:

 

We have examined management’s assessment, included in the accompanying “Report on Compliance With Applicable Servicing Criteria Pursuant To Item 1122 of Regulation AB Under the Securities Exchange Act of 1934” (Exhibit 33.3) that HSBC Technology & Services (USA) Inc. (the Company) complied with the servicing criteria set forth in Item 1122(d)(2)(i) and 1122(d)(4)(iv) of the Securities and Exchange Commission’s Regulation AB (the Applicable Servicing Criteria)applicable to the servicing of asset backed securitization transactions backed by auto loan receivables, as of and for the period from January 31, 2007 (date of issuance of the initial asset-backed securitization transaction covered by this report) through December 31, 2007.  Exhibit 33.3 identifies the individual asset-backed securitization transactions (the Covered Transactions) defined by management as part oftheir assessment. Management has determined that all other criteria set forth in Item 1122(d) are not applicable to the Company’s activities with respect to the Covered Transactions.  Management is responsible for the Company’s compliance with the Applicable Servicing Criteria. Our responsibility is to express an opinion on management’s assessment about the Company’s compliance based on our examination.

 

Our examination was conducted in accordance with the standards of the Public Company Accounting Oversight Board (United States)****and, accordingly, included examining, on a test basis, evidence about the Company’s compliance with the Applicable Servicing Criteria and performing such other procedures as we considered necessary in the circumstances.  Our examination included testing of less than all of the individual asset-backed transactions and securities that comprise the Covered Transactions, testing of less than all of the servicing activities related to the Covered Transactions, and determining whether the Company processed those selected transactions and performed those selected activities in compliance with the Applicable Servicing Criteria.  Furthermore, our procedures were limited to the selected transactions and servicing activities performed by theCompany during the period covered by this report.  Our procedures were not designed to determine whether errors may have occurred either prior to or subsequent to our tests that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report for the selected transactions or any other transactions. We believe that our examination provides a reasonable basis for our opinion.  Our examination does not provide a legal determination on the Company’s compliance with the Applicable Servicing Criteria.

 

In our opinion, management’s assessment that the Company complied with the Applicable Servicing Criteria as of and for the period from January 31, 2007 through December 31, 2007 is fairly stated, in all material respects.

 

/s/ KPMG LLP

 

Chicago, Illinois

March 3, 2008