alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                    EXHIBIT 11.3



                            ALLEGIANCE TELECOM, INC.
                    COMPUTATION OF PER SHARE EARNINGS (LOSS)
                      THREE MONTHS ENDED SEPTEMBER 30, 1999
                (Dollar in thousands, except per share amounts)

<TABLE>
<CAPTION>
                                                          Number of           Percent
                                                            Shares          Outstanding     Equivalent Shares
                                                          ---------         -----------     -----------------

<S>                                                       <C>               <C>             <C>
Prior to Initial Public Offering
  1997 Common Stock Offering                                    639            100.00%                  639

After Initial Public Offering
  1998 Common Stock Offering                             15,000,000            100.00%           15,000,000
  Preferred Stock Converted to Common Stock              60,511,692            100.00%           60,511,692
  1999 Common Stock Offering                             21,041,100            100.00%           21,041,100
  Treasury Shares                                           (37,968)           100.00%              (37,968)
  Warrants Exercised                                        540,807             90.60%              489,957
  Stock Options Exercised                                   116,397             62.46%               72,702
  Employee Stock Discount Purchase Plan Shares Issued       124,586             98.76%              123,038
                                                                                              -------------

  WEIGHTED AVERAGE SHARES OUTSTANDING                                                            97,201,160

  NET LOSS APPLICABLE TO COMMON STOCK                                                         $ (56,393,000)

  NET LOSS PER SHARE, BASIC AND DILUTED                                                       $       (0.58)
                                                                                              =============
</TABLE>
II 

117TH CONGRESS 

2D SESSION S. 3660 

To amend the Internal Revenue Code of 1986 to make diapers an allowable 

expense for purposes of health flexible spending arrangements and health 

savings accounts. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2022 

Ms. ERNST (for herself, Mr. CASEY, Mr. CRAMER, and Ms. DUCKWORTH) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to make 

diapers an allowable expense for purposes of health flexible spending arrangements and health savings accounts. 

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 ‘‘Diaper Inclusion in 

5 Accounts for Parental Expense Reduction Act’’ or the 

6 ‘‘DIAPER Act’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 3660 IS

1 SEC. 2. INCLUSION OF DIAPERS AS QUALIFIED MEDICAL 

2 EXPENSES. 

3 (a) HSAS.—Section 223(d)(2) of the Internal Rev4 enue Code of 1986 is amended— 

5 (1) in subparagraph (A), by striking ‘‘products’’ 

6 in the second sentence and inserting ‘‘products and 

7 diapers’’, and 

8 (2) by adding at the end the following: 

9 ‘‘(E) DIAPER.—For purposes of this para10 graph, the term ‘diaper’ means a disposable ab11 sorbent garment for infants to be used for the 

12 purposes of maintaining the health of the infant 

13 by ensuring excreta is collected.’’. 

14 (b) FSAS.—Section 106(f) of the Internal Revenue 

15 Code of 1986 is amended— 

16 (1) by striking ‘‘shall be treated’’ and inserting 

17 ‘‘and diapers (as defined in section 223(d)(2)(E)) 

18 shall be treated’’, and 

19 (2) by inserting ‘‘AND DIAPERS’’ in the heading 

20 after ‘‘PRODUCTS’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to taxable years beginning after 

23 the date of the enactment of this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL 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 Annual Report on Form 10-K of Unify Corporation (the "Company") for the fiscal year ended April 30, 2004, as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Peter J. DiCorti, Chief Financial Officer 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 ("Section 906"), that, to the best of my knowledge:

July 21,
2004

| |  | /s/PETER J. DICORTIPeter J. DiCorti
Chief Financial Officer
| |  | -----------------------------------------------------------

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request. This certification accompanies this Report pursuant to Section 906 and shall not, except to the extent required by the Sarbanes-Oxley Act of
2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

---



QuickLinks
<PAGE>
                                                                   EXHIBIT 10.05

                                 FIRST AMENDMENT

                                       TO

          COOPERATIVE COMPUTING HOLDING COMPANY, INC. 2001 BROAD-BASED
                                STOCK OPTION PLAN


This First Amendment to the Cooperative Computing Holding Company, Inc. 2001
Broad-Based Stock Option Plan (this "Amendment"), dated as of October 23, 2003,
amends the Cooperative Computing Holding Company, Inc. 2001 Broad-Based Stock
Option Plan, effective as of January 1, 2001 (the "Plan").

WHEREAS, the Company has previously established the Plan, whereby Employees, as
that tern is defined in the Plan, are afforded the possibility to receive
options (the "Options") to purchase shares of common stock, $0.01 par value per
share, of the Company;

WHEREAS, the Company subsequently amended its certificate of incorporation to
change its name to Activant Solutions Holdings Inc.; and

WHEREAS, the Company desires, pursuant to section 16 of the Plan, to amend the
Plan to reflect such name change.

NOW, THEREFORE, the Plan is amended as follows:

11. Amendment. All references to Cooperative Computing Holding Company, Inc. and
the Company in the Plan are hereby amended to refer to Activant Solutions
Holdings Inc., and the name of the Plan shall hereinafter be referred to as the
Activant Solutions Holdings Inc. 2001 Broad-Based Stock Option Plan.

12. Governing Law. This Amendment shall be governed by and construed and
enforced in accordance with the laws of the State of Delaware.

13. Headings. The headings contained herein are for convenience of reference
only and shall not control or affect the meaning or construction of any
provision hereof

14. Inconsistencies. In the case of any inconsistencies between this Amendment
and the Plan, the terms of this Amendment shall govern.

15. Effect of Amendment. Except as amended hereby, the terms and provisions of
the Plan shall remain in full force and effect and are hereby in all respects
ratified and confirmed by the parties hereto. Any Options previously granted
pursuant to option agreements under the Plan shall remain in full force and
effect.


            [The remainder of this page is intentionally left blank.]

<PAGE>

IN WITNESS WHEREOF, this Amendment has been duly executed and delivered by the
undersigned, effective as of the day and year first written above.


                                    ACTIVANT SOLUTIONS HOLDINGS INC.



                                    By: /s/ RICHARD W. REW II
                                        -------------------------------------
                                    Name: Richard W. Rew II
                                          -----------------------------------
                                    Title: General Counsel & Secretary
                                           ----------------------------------
Exhibit 4.1


 


SHARE CERTIFICATE


 


	Number of certificate	 	Number of shares
	 	 	 
	 	 	 
	 	 	 
	 	 	 



 


U POWER LIMITED


COMPANY NUMBER [NUMBER]


 


This is to certify that [Name] of [Address]
is the registered holder of [Number] [Share Class] shares of [Value] each being [partly paid to the extent of [amount in words] [amount
in numerals] per share]]/[fully paid][and numbered [number]] in the above-named company, subject to the memorandum and articles of association
of the company.


 


[Transfer date]


 


	 	 	 
	Director		Director/Secretary
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
This  schedule  contains  summary  financial  information  extracted  from  the
Company's  Consolidated  Financial  Statements for the period ended December 31,
1999, and is qualified in its entirety by reference to such financial statements
included  as  part  of  Exhibit  13  to  this  Form  10-KSB.
</LEGEND>
<MULTIPLIER> 1

<S>                                     <C>
<PERIOD-TYPE>                           YEAR
<FISCAL-YEAR-END>                       DEC-31-2000
<PERIOD-START>                          JAN-01-2000
<PERIOD-END>                            DEC-31-2000
<CASH>                                     2576335
<INT-BEARING-DEPOSITS>                           0
<FED-FUNDS-SOLD>                            824727
<TRADING-ASSETS>                                 0
<INVESTMENTS-HELD-FOR-SALE>                4203828
<INVESTMENTS-CARRYING>                           0
<INVESTMENTS-MARKET>                             0
<LOANS>                                   45936298
<ALLOWANCE>                                 610396
<TOTAL-ASSETS>                            56024088
<DEPOSITS>                                47126446
<SHORT-TERM>                               2280667
<LIABILITIES-OTHER>                         154852
<LONG-TERM>                                1578493
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                     56032
<OTHER-SE>                                 4827598
<TOTAL-LIABILITIES-AND-EQUITY>            56024088
<INTEREST-LOAN>                            3708140
<INTEREST-INVEST>                           256150
<INTEREST-OTHER>                            154615
<INTEREST-TOTAL>                           4118905
<INTEREST-DEPOSIT>                         1758479
<INTEREST-EXPENSE>                         1862385
<INTEREST-INCOME-NET>                      2256520
<LOAN-LOSSES>                               (98547)
<SECURITIES-GAINS>                               0
<EXPENSE-OTHER>                            1840819
<INCOME-PRETAX>                             755137
<INCOME-PRE-EXTRAORDINARY>                  755137
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                494345
<EPS-BASIC>                                  .88
<EPS-DILUTED>                                  .88
<YIELD-ACTUAL>                                4.79
<LOANS-NON>                                 108770
<LOANS-PAST>                                  4942
<LOANS-TROUBLED>                                 0
<LOANS-PROBLEM>                             343678
<ALLOWANCE-OPEN>                            530000
<CHARGE-OFFS>                               251125
<RECOVERIES>                                430068
<ALLOWANCE-CLOSE>                           610396
<ALLOWANCE-DOMESTIC>                             0
<ALLOWANCE-FOREIGN>                              0
<ALLOWANCE-UNALLOCATED>                     610396


<PAGE>

</TABLE>
[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Notices]
[Page 7938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3258]



========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / 
Notices
[[Page 7938]]

DEPARTMENT OF AGRICULTURE

Forest Service


Cedar Gulch Timber Sale, Kootenai National Forest; Sanders 
County; Montana

agency: Forest Service, USDA.

action: Revised Notice of Intent to prepare an Environmental Impact 
Statement (original notice of intent published 3/25/94, 59 FR 14134).

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

summary: Due to personnel changes, the DEIS for the Cedar Gulch Timber 
Sale is expected to be filed with the Environmental Protection Agency 
(EPA) and available for public review by June 15, 1995 instead of the 
September 1994 date published in the original Notice of Intent. 
Accordingly, the FEIS is re-scheduled for completion by September 30, 
1995. All other information provided at 59 FR 14134 is still accurate. 
Additional comments on the project should be received within 30 days 
from the date this notice is published to receive timely consideration 
in preparation of the Draft EIS.

for further information or to submit comments contact: James I. 
Mershon, District Ranger, Cabinet Ranger District, Kootenai National 
Forest, 2693 Highway 200, Trout Creek, MT 59874.

    Dated: January 31, 1995.
James I. Mershon,
Cabinet District Ranger, Kootenai National Forest.
[FR Doc. 95-3258 Filed 2-9-95; 8:45 am]
BILLING CODE 3410-11-M
## Summary of Provisions That Would Change             the Social Security Program

- Office of the Chief Actuary
- Individual Provisions

### **Description of Proposed Provisions:            Provisions Affecting Family Member Benefits**

Printer-friendly Version
EXHIBIT 32.2

       CERTIFICATION OF CHIEF FINANCIAL 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 NASB Financial, Inc. (the
"Company") on Form 10-Q/A for the period ending December 31, 2010, as
filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Rhonda Nyhus, Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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.


June 30, 2011              By:  /s/ Rhonda Nyhus
                                Rhonda Nyhus
                                 Vice President and Treasurer


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



This certification is made solely for purpose of 18 U.S.C. Section
1350, subject to the knowledge standard contained therein, and not for
any other purpose.

<Page>
Exhibit
10.20 


 


AMENDMENT
TO THE


VARIANT
PHARMACEUTICALS, INC.


2014
EQUITY COMPENSATION PLAN


 


Dated:
December 12, 2022


 


WHEREAS,
ZyVersa Therapeutics, Inc. (formerly known as Variant Pharmaceuticals, Inc.) (the “Company”) sponsors and maintians the Variant
Pharmaceuticals, Inc. 2014 Equity Compensation Plan, as amended (the “2014 Plan”); and


 


WHEREAS,
the Board of Directors of the Company (the “Board”) desires to amend the 2014 Plan in order to reflect the Company’s
establishment of the ZyVersa Therapeutics, Inc. 2022 Omnibus Equity Incentive Plan and the consummation of that certain Business Combination
Agreement, dated as of July 20, 2022, by and among the Company, Larkspur Health Acquisition Corp., Larkspur Merger Sub Inc., and the
Securityholder Representative (as defined in such Agreement); and


 


WHEREAS,
Section 11 of the 2014 Plan authorizes the Board to amend the Plan from time to time;


 


NOW,
THEREFORE, effective the date hereof, the Plan is hereby amended as follows:


 


1. Section
2(f) of the 2014 Plan is hereby amended in its entirety, to read as follows:


 


“(f)
“Common Stock” means the common stock of the Company, $0.0001 par value per share.”


 


2. Section
2(g) of the 2014 Plan is hereby amended in its entirety, to read as follows:


 


“(g)
“Company” means ZyVersa Therapeutics, Inc., a corporation organized under the laws of the State of Florida.”


 


3. Section
4.1 of the Plan is hereby amended by adding the following paragraph at the end thereof:


 


“Notwithstanding
the foregoing, effective upon consummation of that certain Business Combination Agreement, dated as of July 20, 2022, by and among the
Company, Larkspur Health Acquisition Corp., Larkspur Merger Sub Inc., and the Securityholder Representative (as defined in such Agreement),
(i) no further increases in the shares of Common Stock reserved and available for issuance under the Plan shall occur pursuant to the
third sentence of the preceding paragraph, and (ii) no new Awards shall be made under the Plan.”


 


[Signature
Page Follows]


 




    	 



    	 



    

 


IN
WITNESS WHEREOF, the undersigned has executed this Amendment as evidence of its adoption by the Board on the date set forth above.


 


	 	ZYVERSA
    THERAPEUTICS, INC.
	 	 
	 	BY:	 /s/
    Stephen C. Glover 
	 	 	 
	 	Name:	 Stephen
    C. Glover 
	 	Title:	 Chief
    Executive Officer 
	 	Date:	 December
    12, 2022
#### GRACE BRIGGS v. BEN MEEKS BRIGGS.

(Filed 7 November, 1951.)

*1.*Appeal and Error § 40d—

The findings of fact of the lower court are conclusive on appeal when supported by evidence.

2. Divorce and Alimony § 12—

In the absence of proof of any ground for divorce either *a vinculo*or *a mensa,*the court correctly denies motion for alimony *pendente lite.*

3. Same—

Upon denial of motion for alimony *pendente Vite*for want of proof of a cause for divorce either *a vinculo*or *a mensa,*the court has no authority to dismiss the action as in case of nonsuit, since the cause is not before the court on final hearing on the merits.

Appeal by plaintiff from *Morris, J.,*June Term, 1951, LeNOib.

Modified and affirmed.

Civil action for alimony without divorce and for counsel fees, heard on motion for an allowance *pendente lite.*

*Jones, Reed & Griffin for plaintiff appellant.*

*Whitalcer & Jeffress for defendant appellee.*

EarNhill, J.

The court below, after hearing the evidence, made full findings of fact. The facts found are supported by the evidence offered and are binding on us. *Burnsville v. Boone,*231 N.C. 577, 58 S.E. 2d 351, and cases cited.

On the facts found the court correctly concluded that the plaintiff has failed to make out any cause for divorce, either *a vinculo*or *a mensa.*

The existence of grounds for divorce is a prerequisite to any allowance to the wife under G.S. 50-16. To warrant an allowance *pendente lite*she must allege and prove a cause of action for divorce. *Cameron v. Cameron,*231 N.C. 123, 56 S.E. 2d 384. In the absence of such proof, the court below properly denied her motion. *Butler v. Butler,*226 N.C. 594, 39 S.E. 2d 745, and cases cited; *Blanchard v. Blanchard,*226 N.C. 152, 36 S.E. 2d 919.

But the cause was heard on motion for subsistence and counsel fees *pendente lite.*It was not before the court on final hearing on the merits. Hence the court was without jurisdiction to dismiss the action as in case of nonsuit. To this extent the order entered must be modified. As so modified the judgment is affirmed.

Modified and affirmed.
[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Notices]
[Page 64029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30387]



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


COMMISSION ON CIVIL RIGHTS

Agenda and Notice of Public Meeting of the Louisiana Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights, that a meeting of 
the Louisiana Advisory Committee to the Commission will convene at 6:00 
p.m. and adjourn at 8:00 p.m. on Thursday, January 25, 1996, at the 
Hilton Hotel, Poydras at the Mississippi, New Orleans, Louisiana 70140. 
The purpose of the meeting is to plan for future activities.
    Persons desiring additional information, or planning a presentation 
to the Committee, should contact Melvin L. Jenkins, Director of the 
Central Regional Office, 913-551-1400 (TTY 913-551-1413). Hearing-
impaired persons who will attend the meeting and require the services 
of a sign language interpreter should contact the Regional Office at 
least five (5) working days before the scheduled date of the meeting.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission.

    Dated at Washington, DC, December 6, 1995.
Carol-Lee Hurley,
Chief, Regional Programs Coordination Unit.
[FR Doc. 95-30387 Filed 12-12-95; 8:45 am]
BILLING CODE 6335-01-P
DENIED; Opinion Filed October 28, 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 19

- 00792

- CV
IN RE ROGER BARONE , Relator
Original Proceeding from the 380th Judicial District Court

Collin County, Texas Trial Court Cause No. 380

- 50207

- 2019


### MEMORANDUM OPINION Before Justices Bridges, Osborne, and Carlyle Opinion by Justice Carlyle Before the Court is relator’s July 2, 2019 petition for writ of mandamus and real party in interest’s September 3, 2019 reply. In his petition, relator requests this Court to set aside the trial court’s February 11, 2019 temporary orders and vacate the trial court’s May 29, 2019 contempt
order. To be entitled to mandamus relief, relato r must show both that the trial court has clearly abused its discretion and that relators have no adequate appellate remedy. In re Prudential Ins.

Co ., 148 S.W.3d 124, 135

– 36 (Tex. 2004) (orig. proceeding). After reviewing the petition,
mandamus record, a nd response, we conclude relator has failed to show he is entitled to the relief requested. Accordingly, we deny relator’s petition for writ of mandamus. See T EX

. R. A PP

. P. 52.8(a) (the court must deny the petition if the court determines relator is not e ntitled to the relief– 2

–

sought).

190792F.P05 /Cory L. Carlyle/ CORY L. CARLYLE JUSTICE