alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[MULTIPLIER]          1,000
<TABLE>
<CAPTION>
                             For the years ended December 31,
                             1996         1995          1994
<S>                          <C>          <C>           <C>
Net income (loss) 
Net income (loss)           $(6,598)      $3,874        $4,550
Undeclared dividends on 
   redeemable preferred stock                       
                             ------        -----         ------
Net income (loss) available 
   to common stockholders   $(6,598)      $3,874         $4,550

Weighted average number of shares 
Primary: 
   Average common shares 
     outstanding          5,734,187    5,757,054        5,637,842 
   Common share equivalents 
     resulting from 
     assumed exercise 
     of stock options           988        1,679          208,210 
                         ----------    ---------        ---------
                          5,735,175    5,758,733        5,846,052 
                         ==========    =========        =========
Fully diluted: 
   Average common shares 
     outstanding          5,734,187    5,757,054        5,637,842 
   Common share equivalents 
     resulting from 
     assumed exercise 
     of stock options           988        1,679          208,210 
                         ----------    ---------        ---------
                          5,735,175    5,758,733        5,846,052 
                          =========    =========        =========
Earnings (loss) per common share: 
  Primary                    $(1.15)        $.67             $.78 
  Fully                      $(1.15)        $.67             $.78 
</TABLE>


     Primary earnings (loss) per common share are computed by 
dividing net income (loss), after deduction of undeclared 
dividends on redeemable preferred stock, by the weighted average 
number of common shares and common share equivalents outstanding 
during each presented period.  Common share equivalents are 
computed using the treasury stock method.  Under the treasury 
stock method, an average market price is used to determine the 
number of common share equivalents for primary earnings (loss) 
per common share.  The higher of the average or the end of period 
market price is used to determine the number of common share 
equivalents for fully diluted earnings (loss) per common share.  
<PAGE>
exhibit_4-2.htm










EXHIBIT 4.2


 


TRANSLATION FOR CONVENIENCE ONLY







BINDING VERSION IS THE HEBREW ORIGINAL







Date: December 3, 2013


To


The First International Bank of Israel Ltd.


Ramat Hachayal Branch (the “Bank”)


Dear Sirs,


 


Re: Amendment to Financial Covenants


 


Whereas, Perion Network Ltd. (hereinafter the “Company”), is and/or will be indebted to the Bank for various amounts of money on account of credit, documentary credit, various loans, overdraft on the Company’s checking account, debit or other account, various letter of indemnification and guaranty, discounts of bills and other banking services made available and that will be made available to the Company and/or other persons guaranteed by the Company (hereinafter the “Banking Services”); and







Whereas, In order to secure the Banking Services, on September 6, 2011, the Company has inter alia, executed an undertaking for the compliance with financial covenants as amended on April 15, 2012 (as amended, the “Undertaking”); and







Whereas, the Bank and the Company have agreed to amend the Undertaking in the manner described below;







THEREFORE, it is hereby agreed by the Company as follows:


 



	
1.  

	
Section 1.5 shall be deleted in its entirety.







 



	
2.  

	
The remaining sections of the Undertaking shall not be amended and shall remain in full force and effect.







 



	
3.  

	
Without derogating from the foregoing, the Company acknowledges that this consent does not derogate from other undertakings of the Company towards the Bank, including any other covenant specified in the Undertaking.







 



	 	
         Sincerely,


[s] Perion Network Ltd.


	   [s] The First International Bank of Israel Ltd. 
Ramat Hachayal branch
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

MAY 29, 2007

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 05-14494

Non-Argument Calendar

________________________

D. C. Docket No. 04-00348-CR-RDP-TMP

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

versus 

LAFONDA MONTA GREEN, 

Defendant-Appellant. 

________________________

Appeal from the United States District Court

for the Northern District of Alabama

_________________________

(May 29, 2007)

Before ANDERSON, BARKETT and HILL, Circuit Judges.

PER CURIAM:

Patrick O. Sims, appointed appellate counsel for Lafonda Monta Green, has
 Sims has titled his motion as: (1) “motion for leave to file motion to withdraw;” and 1

(2) “motion to renew appellant’s Anders brief out of time.” We construe Sims’s motions as one

motion to withdraw, and, therefore, collectively refer to counsel’s “motion to withdraw.”

2

filed a motion to withdraw on appeal, supported by a brief prepared pursuant to

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our 1

independent review of the entire record reveals that counsel’s assessment of the

relative merit of the appeal is correct. Because independent examination of the

entire record reveals no arguable issues of merit, counsel’s motion to withdraw is

GRANTED, Green’s motion for appointment of new counsel is DENIED as moot,

and his convictions and sentences are AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-28-1996
<PERIOD-START>                             DEC-31-1995
<PERIOD-END>                               DEC-28-1996
<CASH>                                         256,000
<SECURITIES>                                         0
<RECEIVABLES>                                1,443,000
<ALLOWANCES>                                   139,000
<INVENTORY>                                  3,190,000
<CURRENT-ASSETS>                             5,059,000
<PP&E>                                      16,848,000
<DEPRECIATION>                               9,330,000
<TOTAL-ASSETS>                              13,127,000
<CURRENT-LIABILITIES>                       10,185,000
<BONDS>                                        678,000
<PREFERRED-MANDATORY>                        5,460,000
<PREFERRED>                                          0
<COMMON>                                        38,000
<OTHER-SE>                                 (3,072,000)
<TOTAL-LIABILITY-AND-EQUITY>                13,127,000
<SALES>                                     43,940,000
<TOTAL-REVENUES>                                     0
<CGS>                                       21,719,000
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                            21,173,000
<LOSS-PROVISION>                               139,000
<INTEREST-EXPENSE>                             216,000
<INCOME-PRETAX>                                832,000
<INCOME-TAX>                                    30,000
<INCOME-CONTINUING>                            802,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   802,000
<EPS-PRIMARY>                                      .13
<EPS-DILUTED>                                      .13
        

</TABLE>
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-16-00507-CV

IN RE RYDER INTEGRATED LOGISTICS, INC. and Ryder Integrated Logistics of Texas, 

LLC

Original Mandamus Proceeding1

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Rebeca C. Martinez, Justice

Jason Pulliam, Justice

Delivered and Filed: August 17, 2016

PETITION FOR WRIT OF MANDAMUS DENIED

On August 8, 2016 Relators filed a petition for writ of mandamus and emergency motion 

to stay. The court has considered the petition for writ of mandamus and is of the opinion that 

Relators are not entitled to the relief sought. Accordingly, the petition for writ of mandamus and 

motion for stay are denied. See TEX. R. APP. P. 52.8(a).

PER CURIAM

 1 This proceeding arises out of Cause No. 2010-CI-03779, styled Denise Molina and George Duzane, CoConservators of Rafael “Ralph” Molina, and Rafael “Ralph” Molina v. Ryder Integrated Logistics, Inc., Ryder 

Integrated Logistics of Texas, LLC and Ernesto Solis, Lucila Solis, Sonia Martin Solis, Elija Angel Solis, and Roberto 

Solis, Jr., Legal Heirs of the Estate of Roberto Solis, Sr., pending in the 166th Judicial District Court, Bexar County, 

Texas, the Honorable Michael E. Mery presiding.
<TABLE> <S> <C>

<ARTICLE>  5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 
CONSOLIDATED BALANCE SHEET OF DAN RIVER INC. AS OF DECEMBER 28, 1996 AND 
THE RELATED CONDENSED CONSOLIDATED STATEMENT OF INCOME FOR THE YEAR ENDED 
DECEMBER 28, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>  1,000
       
<S>                      <C>
<PERIOD-TYPE>            12-MOS
<FISCAL-YEAR-END>                     DEC-28-1996
<PERIOD-END>                          DEC-28-1996
<CASH>                                      5,042
<SECURITIES>                                    0
<RECEIVABLES>                              55,782
<ALLOWANCES>                                    0
<INVENTORY>                                72,493
<CURRENT-ASSETS>                          140,235
<PP&E>                                    274,698
<DEPRECIATION>                             99,348
<TOTAL-ASSETS>                            321,050
<CURRENT-LIABILITIES>                      46,944
<BONDS>                                   162,478
<PREFERRED-MANDATORY>                       9,726
<PREFERRED>                                     0
<COMMON>                                        8
<OTHER-SE>                                 77,890
<TOTAL-LIABILITY-AND-EQUITY>              321,050
<SALES>                                   379,567
<TOTAL-REVENUES>                          379,567
<CGS>                                     307,383
<TOTAL-COSTS>                             306,955
<OTHER-EXPENSES>                                0
<LOSS-PROVISION>                                0
<INTEREST-EXPENSE>                         18,168
<INCOME-PRETAX>                             9,256
<INCOME-TAX>                                3,570
<INCOME-CONTINUING>                         5,686
<DISCONTINUED>                                  0
<EXTRAORDINARY>                                 0
<CHANGES>                                       0
<NET-INCOME>                                5,686
<EPS-PRIMARY>                                   0
<EPS-DILUTED>                                   0
        

</TABLE>
EXHIBIT 32

                                  CERTIFICATION

                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

In connection with the Quarterly Report on Form 10-Q of Lucky Strike
Explorations Inc. (the "Company") for the period ended June 30, 2010, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
Michael Noble, as Chief Executive Officer and Chief Financial Officer of the
Company, hereby certifies, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to
ss.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 financialcondition and results of operations of
          the Company.


Date: August 5, 2010                    By: /s/ Michael Noble
                                            ------------------------------------
                                            Michael Noble
                                            Chief Executive Officer
                                            Chief Financial Officer

This certification accompanies each Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.18
of the Securities Exchange Act of 1934, as amended.

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.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 20, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50297

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARTIN LOPEZ-LOPEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-02-CR-1760-PRM

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

Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM:*

 Martin Lopez-Lopez appeals the sentence imposed following his

guilty plea conviction of being found in the United States after

deportation/removal in violation of 8 U.S.C. § 1326. Lopez

contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define

separate offenses. He argues that the prior conviction that

resulted in his increased sentence is an element of a separate

offense under 8 U.S.C. § 1326(b) that should have been alleged in

his indictment. Lopez maintains that he pleaded guilty to an
No. 03-50297

-2-

indictment which charged only simple reentry under 8 U.S.C.

§ 1326(a). He argues that his sentence exceeds the two-year

maximum term of imprisonment which may be imposed for that

offense.

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Lopez acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
Fialka-Feldman v. Oakland University Board of Trustees Doc. 39 Att. 18

Dockets.Justia.com
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Disaster Declaration #11320]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 2.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Wisconsin (FEMA—1768—DR), dated 06/14/2008.

*Incident:*                         Severe Storms, Tornadoes, and Flooding.                    

*Incident Period:*                         06/05/2008 through 07/25/2008.                    

# EFFECTIVE DATE:

07/25/2008.

*Physical Loan Application Deadline Date:*                         08/13/2008.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of Wisconsin, dated 06/14/2008, is hereby amended to establish the incident period for this disaster as beginning 06/05/2008 and continuing through 07/25/2008.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

Herbert L. Mitchell,

Associate Administrator for Disaster Assistance.

[FR Doc. E8-17770 Filed 8-1-08; 8:45 am]

BILLING CODE 8025-01-P
**EXHIBIT 31.2**

 

**CERTIFICATIONS**

 

I, Michael Shannahan, certify that: 

 

1.  I have reviewed this annual report on Form 10-K of Chordiant Software, Inc.; 

 

2.  Based on my knowledge, this annual report does not contain any untrue statement of a material fact or omit tostate 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 annual report; 

 

3.  Based on my knowledge, the financial statements, and otherfinancial information included in this annual 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 annual report; 

 

4.  The registrant’s other certifying officers and I areresponsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have: 

 

a.  designed such disclosure controls and procedures, or caused such disclosure controls andprocedures 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 whichthis annual 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 theperiod covered by this annual report, based on such evaluation; 

 

c.  Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during registrant’s most recent fiscal quarter (the registrant’s fourthquarter in the case of an annual report) that has materially affected, or is reasonably likely to affect, the registrant’s internal control over financial reporting. 

 

5.  The registrant’s other certifying officers and I have disclosed, based on our most recent evaluation ofinternal 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 in the design oroperation 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, thatinvolves management or other employees who have a significant role in the registrant’s internal control over financial reporting.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4083 Received in Senate (RDS)]

104th CONGRESS
  2d Session
                                H. R. 4083

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 1996

                                Received

_______________________________________________________________________

                                 AN ACT

 
To extend certain programs under the Energy Policy and Conservation Act 
                      through September 30, 1997.

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

SECTION 1. ENERGY POLICY AND CONSERVATION ACT AMENDMENTS.

    The Energy Policy and Conservation Act is amended--
            (1) by amending section 166 (42 U.S.C. 6246) to read as 
        follows:

                   ``authorization of appropriations

    ``Sec. 166. There are authorized to be appropriated for fiscal year 
1997 such sums as may be necessary to implement this part.'';
            (2) in section 181 (42 U.S.C. 6251) by striking ``June 30, 
        1996'' both places it appears and inserting in lieu thereof 
        ``September 30, 1997'';
            (3) by adding at the end of section 256(h) (42 U.S.C. 
        6276(h)) ``There are authorized to be appropriated for fiscal 
        year 1997 such sums as may be necessary to carry out this 
        part.''; and
            (4) in section 281 (42 U.S.C. 6285) by striking ``June 30, 
        1996'' both places it appears and inserting in lieu thereof 
        ``September 30, 1997''.

            Passed the House of Representatives September 24, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
```
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




I, Wayne A. Doss, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q of Texas Sweet Crude Oil Corp for the 3rd quarter ended March 31, 2010 and 2009, fully complies with the requirements of Section 13(a) or 15(d)of the Securities Exchange Act of 1934 and that the information contained in the Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of Texas Sweet Crude Oil Corp.




Date:  June 28, 2010/s/ Wayne A DossWayne A DossPresident, C.E.O. and Director(Principal Executive Officer)