alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w53



 






Exhibit 10.53




Amendment No. 2 To Collaboration Agreement



 





     This Amendment No. 2 to the Collaboration Agreement (“Amendment No. 2”) is made
and entered into on December 31, 2004 by and between Exelixis, Inc., a Delaware
corporation, located at 170 Harbor Way, P.O. Box 511, South San Francisco, California 94083-0511
(“Exelixis”), and Cytokinetics, Inc., a Delaware corporation, located at 280 East Grand
Avenue, South San Francisco, California 94080 (“Cytokinetics”). Each of the above parties is
individually referred herein to as a “Party” or collectively as the “Parties”.



     Whereas, Exelixis and Cytokinetics entered into the Collaboration Agreement on
December 28, 2001, as previously amended by that certain First Letter Amendment effective March 31,
2003 (the “Agreement”); and



     Whereas, the Agreement provides for Exelixis to supply compounds to Cytokinetics in
order for the Parties to conduct on a collaborative basis a research program with the principal
goal of producing a high throughput screen library (“Research Program”); and



     Whereas, Exelixis and Cytokinetics mutually desire to terminate the Agreement with an
effective termination date of December 31, 2004.



     Now, Therefore, for good and valuable consideration, the Parties agree as follows:



     1.      The Parties mutually agree to earlier terminate the Agreement, with such termination
effective December 31, 2004.



     2.      The Parties expressly concur that Exelixis shall (i) immediately cease all work under the
Research Program and cancel all related obligations, pursuant to Section 8.5.4 of the Agreement;
and (ii) make no further Compound (as defined in the Agreement) deliveries to Cytokinetics. In
addition, the Parties agree that, as of the effective date of such termination, (a) Exelixis has
fully satisfied its obligation to deliver Compounds under the Agreement and (b) Cytokinetics has
fully satisfied its payment obligations under the Agreement. For purposes of clarity, nothing in
the foregoing shall limit in any way the obligations of Exelixis under Section 8.5.3 of the
Agreement with respect to any subject matter other than Compounds.



     3.      Notwithstanding anything to the contrary in the Agreement (including Section 8.2 thereof),
neither Party shall issue any press statement or other disclosure announcing the termination of the
Agreement except as necessary to comply with securities or other applicable laws, unless the
Parties otherwise mutually agree in writing.



     4.      For avoidance of doubt, Section 8.6 of the Agreement, including each of the provisions of
the Agreement listed therein, shall survive such termination of the Agreement.



	 	 	 	 	 	 	 
	Exelixis, Inc.	 	Cytokinetics, Inc. 
	By:

	 	/s/ Michael M. Morrissey, Ph.D.	 	By:	 	/s/ Robert Blum
	

	 	 
	 	 	 	 
	Name:

	 	Michael M. Morrissey, Ph.D.
	 	Name:
	 	Robert Blum
	

	 	 
	 	 	 	 
	Title:

	 	Senior Vice President, Discovery Research
	 	Title:
	 	Executive Vice President, Corporate Development and Commercial Operations and Chief Business Officer
	

	 	 
	 	 	 	 
	Date:

	 	1-04-2005
	 	Date:
	 	12/23/04
| (logo)  **ncb**  National Cooperative Bank    | 2011  Crystal  Drive  Suite, 8oo  Arlington, VA 22202 |
|----------------------------------------------------|------------------------------------------------------------|

 

 

**FORM OF ANNUAL COMPLIANCE STATEMENT**

 

 

CERTIFICATION

 

BANK 2018-BNK14, Commercial Mortgage Pass-ThroughCertificates, Series 2018-BNK14

(the “Trust”)

 

I,Karyn Mann, on behalf of National Cooperative Bank, N.A., as NCB MasterServicer (the “Certifying Servicer”), certify to Wells Fargo CommercialMortgage Securities, Inc. and its officers, directors and affiliates, and withthe knowledge and intent that they will rely upon this certification, that:

 

1.      I (orServicing Officers under my supervision) have reviewed the CertifyingServicer’s activities during the preceding calendar year between January 1,2018 and December 31, 2018 (the “Reporting Period”) and the CertifyingServicer’s performance under the Pooling and Servicing Agreement; and

 

2.      To thebest of my knowledge, based on such review, the Certifying Servicer hasfulfilled all of its obligations under the Pooling and Servicing Agreement inall material respects during the Reporting Period.  

 

 

Date:February 4, 2019

 

 

NATIONALCOOPERATIVE BANK, N.A.,

asNCB Master Servicer

By:/s/ Karyn Mann

Name:Karyn Mann

Title:Senior Vice President
Case 1:04-cv-00390-SM Document 6 Filed 02/10/05 Page 1 of 1
##### 



EXHIBIT 12.2
 ARCHSTONE-SMITH OPERATING TRUST
COMPUTATION OF RATIO OF EARNINGS TO COMBINED FIXED CHARGES
AND PREFERRED UNIT DISTRIBUTIONS
 (Dollar amounts in thousands)
 (Unaudited)
 Nine Months EndedSeptember 30,
    
    
    Twelve Months Ended December 31,2006(1)
    
    
    2005(1)
    
    
    2005(1)
    
    
    2004(1)
    
    
    2003(1)
    
    
    2002(1)
    
    
    2001(1)Earnings from operations
    
    $
    163,002
    
    
    $
    90,665
    
    
    $
    134,438
    
    
    $
    112,480
    
    
    $
    110,916
    
    
    $
    116,502
    
    
    $
    92,532Add:Interest expense
    
    
    186,833
    
    
    
    123,946
    
    
    
    172,772
    
    
    
    132,164
    
    
    
    113,554
    
    
    
    112,895
    
    
    
    59,376Earnings as adjusted
    
    $
    349,835
    
    
    $
    214,611
    
    
    $
    307,210
    
    
    $
    244,644
    
    
    $
    224,470
    
    
    $
    229,397
    
    
    $
    151,908Combined fixed charges and
Preferred Unit distributions:Interest expense
    
    $
    186,833
    
    
    $
    123,946
    
    
    $
    172,772
    
    
    $
    132,164
    
    
    $
    113,554
    
    
    $
    112,895
    
    
    $
    59,376Capitalized interest
    
    
    39,638
    
    
    
    27,344
    
    
    
    39,111
    
    
    
    23,573
    
    
    
    26,854
    
    
    
    32,377
    
    
    
    29,186Total fixed charges
    
    
    226,471
    
    
    
    151,290
    
    
    
    211,883
    
    
    
    155,737
    
    
    
    140,408
    
    
    
    145,272
    
    
    
    88,562Preferred Unit distributions
    
    
    2,872
    
    
    
    3,614
    
    
    
    4,572
    
    
    
    16,254
    
    
    
    26,153
    
    
    
    34,309
    
    
    
    25,877Combined fixed charges and
Preferred Unit distributions
    
    $
    229,343
    
    
    $
    154,904
    
    
    $
    216,455
    
    
    $
    171,991
    
    
    $
    166,561
    
    
    $
    179,581
    
    
    $
    114,439Ratio of earnings to combined
fixed charges and Preferred
Unit distributions
    
    
    1.5
    
    
    
    1.4
    
    
    
    1.4
    
    
    
    1.4
    
    
    
    1.4
    
    
    
    1.3
    
    
    
    1.3
 
 (1)
    
    Net earnings from discontinued operations have been reclassified for all periods
presented.
1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

WILLIAM HURD,

Plaintiff, 

vs. 

UNION PACIFIC RAILROAD CO.,

Defendant.

8:23CV201

AMENDED FINAL PROGRESSION 

ORDER

This matter is before the Court on the parties’ Joint Motion to Modify Progression 

Order. Filing No. 35. The motion is granted. Accordingly,

IT IS ORDERED that the provisions of the Court’s previous final progression order 

remain in effect, and in addition to those provisions, case progression shall be amended 

as follows:

1. The trial and pretrial conference will not be set at this time. The status conference 

to discuss case progression, the parties’ interest in settlement, and the trial and 

pretrial conference settings previously set for April 18, 2024 at 1:00 p.m. is hereby 

canceled and reset for May 16, 2024, at 11:00 a.m. Counsel shall use the 

amended conferencing instructions assigned to this case to participate in the 

conference (Filing No. 33).

2. The deadline for completing written discovery under Rules 33, 34, 36 and 45 of the 

Federal Rules of Civil Procedure is May 22, 2024. Motions to compel written 

discovery under Rules 33, 34, 36 and 45 must be filed by June 6, 2024.

Note: A motion to compel, to quash, or for a disputed protective order 

shall not be filed without first contacting setting a conference for discussing the 

parties’ dispute.

3. The deposition deadline, including but not limited to depositions for oral testimony 

only under Rule 45, is May 22, 2024,

a. The maximum number of depositions that may be taken by the as a group 

and the defendant as a group remains 10.

8:23-cv-00201-JFB Doc # 36 Filed: 04/17/24 Page 1 of 2 - Page ID # 134
2

b. Depositions will be limited by Rule 30(d)(1).

4. The deadline for filing motions to exclude testimony on Daubert and related 

grounds is June 7, 2024.

5. The deadline for filing motions to dismiss and motions for summary judgment is 

June 24, 2024.

6. The parties shall comply with all other stipulations and agreements recited in their 

Rule 26(f) planning report that are not inconsistent with this order.

7. All requests for changes of deadlines or settings established herein shall be made 

in accordance with Filing No. 32. Such requests will not be considered absent a 

showing of due diligence in the timely progression of this case and the recent 

development of circumstances, unanticipated prior to the filing of the motion, which 

require that additional time be allowed.

Dated this 17th day of April, 2024.

BY THE COURT:

s/ Joseph F. Bataillon

Senior United States District Judge

8:23-cv-00201-JFB Doc # 36 Filed: 04/17/24 Page 2 of 2 - Page ID # 135
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

Plaintiff, 

vs. 

TREMAIN MONROE,

Defendant.

8:23MJ251

ORDER

The court has been presented a Financial Affidavit (CJA Form 23) signed by the 

above-named defendant in support of a request for appointed counsel. After a review of 

the Financial Affidavit, I find that the above-named defendant is eligible for appointment 

of counsel pursuant to the Criminal Justice Act, 18 U.S.C. §3006A, and Amended 

Criminal Justice Act Plan for the District of Nebraska.

IT IS ORDERED:

The Federal Public Defender for the District of Nebraska is appointed to 

represent the above named defendant in this matter. In the event that the Federal 

Public Defender accepts this appointment, the Federal Public Defender shall forthwith 

file an appearance in this matter. In the event the Federal Public Defender should 

decline this appointment for reason of conflict or on the basis of the Criminal Justice Act 

Plan, the Federal Public Defender shall forthwith provide the court with a draft 

appointment order (CJA Form 20) bearing the name and other identifying information of 

the CJA Panel attorney identified in accordance with the Criminal Justice Act Plan for 

this district.

IT IS FURTHER ORDERED that the Clerk shall provide a copy of this order to 

the Federal Public Defender for the District of Nebraska.

DATED this 4th day of May, 2023.

BY THE COURT:

s/ F.A. Gossett, III

United States Magistrate Judge

8:23-cr-00117-BCB-RCC Doc # 14 Filed: 05/04/23 Page 1 of 1 - Page ID # 28
Exhibit 99.1
                             US DATA AUTHORITY, INC.

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of US Data Authority, Inc. (the
"Company") on Form 10-Q for the period ending June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Dominick F. Maggio, President and Chief Executive Officer of the Company,
certify, 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 financial condition and result of operations of the Company.


                                        /s/ Dominick F. Maggio
                                        ----------------------
                                        Dominick F. Maggio
                                        Chief Executive Officer and President
                                        August 20, 2002
[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Notices]
[Page 54137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21848]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Order No. 1571]


Application for Subzone Status Not Approved

Johnson Controls Battery Group, Inc.

Yuma, Arizona

    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, the Foreign-Trade Zones Act provides 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,'' and authorizes the Foreign-Trade Zones Board to grant 
to qualified corporations the privilege of establishing foreign-trade 
zones in or adjacent to U.S. Customs and Border Protection 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, and when the activity results 
in a significant public benefit and is in the public interest;
    Whereas, the Yuma County Airport Authority, grantee of FTZ 219, has 
made application to the Board for authority to establish special-
purpose subzone status at the lead-acid battery manufacturing facility 
of Johnson Controls Battery Group, Inc., located in Yuma, Arizona (FTZ 
Docket 48-2007, filed 09-28-07);
    Whereas, notice inviting public comment has been given in the 
Federal Register (72 FR 57287-57288, 10/09/2007); and,
    Whereas, the Board adopts the findings and recommendations of the 
examiner's report, and finds that the requirements of the FTZ Act and 
the Board's regulations have not been satisfied and that approval of 
the application would not be in the public interest;
    Now, therefore, the Board hereby does not approve the application 
for subzone status at the lead-acid battery manufacturing facility of 
Johnson Controls Battery Group, Inc., located in Yuma, Arizona.
    Signed at Washington, DC, this 2 \nd\ day of September 2008.

David M. Spooner,
Assistant Secretary of Commerce for Import Administration.
Alternate Chairman Foreign-Trade Zones Board.
    ATTEST:
Andrew McGilvray,
Executive Secretary.
[FR Doc. E8-21848 Filed 9-17-08; 8:45 am]
BILLING CODE 3510-DS-S
I

107TH CONGRESS

1ST SESSION H. R. 1301

To amend the Internal Revenue Code of 1986 to apply the capital gains

tax rates to capital gains earned by designated settlement funds.

IN THE HOUSE OF REPRESENTATIVES

MARCH 29, 2001

Mr. CRANE introduced the following bill; which was referred to the Committee

on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to apply

the capital gains tax rates to capital gains earned by

designated settlement funds.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CAPITAL GAINS TAX RATES APPLIED TO CAP4 ITAL GAINS OF DESIGNATED SETTLEMENT

5 FUNDS.

6 (a) IN GENERAL.—Paragraph (1) of section 468B(b)

7 of the Internal Revenue Code of 1986 (relating to taxation

8 of designated settlement funds) is amended by inserting

9 ‘‘(subject to section 1(h))’’ after ‘‘maximum rate’’.
2

•HR 1301 IH

1 (b) EFFECTIVE DATE.—The amendment made by

2 this section shall apply to taxable years beginning after

3 December 31, 2001.

Æ
Exhibit
32.2








Certification
of Principal Financial Officer


Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002





C.W.
Gilluly, Principal Financial Officer of AMASYS Corporation (the “Company”)
certifies in his capacity as an officer of the Company that he has reviewed the
Report of the Company on Form 10-QSB for quarter ended December 31, 2006 and
that to the best of his or her knowledge:





1.
            the
      report fully complies with the requirements of Sections 13(a) and 15(d) of
      the Securities Exchange Act of 1934; and2.
            the
      information contained in the report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





The
purpose of this statement is solely to comply with Title 18, Chapter 63, Section
1350 of the United States code, as amended by Section 906 of the Sarbanes-Oxley
Act of 2002.





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 it staff upon request.











February
      29, 2008
            /s/ C.W. Gilluly, Ed.D.C.W.
      Gilluly, Ed.D.Principal
      Finance Officer(Chief
      Financial Officer)
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

Plaintiff, 

v. 

AMY JACOBY,

Defendant.

8:23CR126

ORDER

This matter is before the Court on the Unopposed Motion to Continue Trial (Filing No. 88). 

Counsel needs additional time to conclude plea negotiations. For good cause shown,

IT IS ORDERED that the Unopposed Motion to Continue Trial (Filing No. 88) is granted, 

in part, as follows:

1. The jury trial now set for May 28, 2024, is continued to September 3, 2024.

2. In accordance with 18 U.S.C. § 3161(h)(7)(A), the Court finds that the ends of 

justice will be served by granting this continuance and outweigh the interests of the 

public and the defendant in a speedy trial. Any additional time arising as a result 

of the granting of this motion, that is, the time between today’s date and 

September 3, 2024, shall be deemed excludable time in any computation of time 

under the requirement of the Speedy Trial Act. Failure to grant a continuance 

would deny counsel the reasonable time necessary for effective preparation, taking 

into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).

3. No further continuances will be granted barring exceptional circumstances.

Dated this 19th day of July 2024.

BY THE COURT:

Robert F. Rossiter, Jr.

Chief United States District Judge

8:23-cr-00126-RFR-MDN Doc # 89 Filed: 07/19/24 Page 1 of 1 - Page ID # 144
No. 72-1199.

#### Culpepper *v.*United States.

C. A. 4th Cir. Certiorari denied.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
CONSOLIDATED BALANCE SHEET AT 09/30/98 AND CONSOLIDATED STATEMENTS OF
OPERATIONS FOR THE 9-MONTHS ENDED 09/30/98 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           8,518
<SECURITIES>                                    17,463
<RECEIVABLES>                                    9,862
<ALLOWANCES>                                       987
<INVENTORY>                                     13,112
<CURRENT-ASSETS>                                51,603
<PP&E>                                          18,007
<DEPRECIATION>                                  11,725
<TOTAL-ASSETS>                                  85,763
<CURRENT-LIABILITIES>                           17,575
<BONDS>                                          1,811
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          1
<COMMON>                                            38
<OTHER-SE>                                      42,206
<TOTAL-LIABILITY-AND-EQUITY>                    85,763
<SALES>                                         53,852
<TOTAL-REVENUES>                                53,852
<CGS>                                           35,731
<TOTAL-COSTS>                                   35,731
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  6,284
<INCOME-TAX>                                     1,963
<INCOME-CONTINUING>                              4,175
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,175
<EPS-PRIMARY>                                      .94
<EPS-DILUTED>                                      .94
        

</TABLE>
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Ablitt & Caruolo, P.C.

v. Civil No. 05-cv-390-JD

Donald Cuhna

DISMISSAL FOR LACK OF PROSECUTION

In accordance with the provisions of Local Rule 77.4 (c)(3), as appellant’s brief was not

received within the time specified by B.R. 8009, this case is herewith dismissed for lack of

prosecution.

SO ORDERED.

March 13, 2006 /s/Joseph A. DiClerico, Jr. 

Joseph A. DiClerico, Jr.

United States District Judge

cc: William Amann, Esq.

Raymond DiLucci, Esq.

Lawrence Sumski, Trustee

Geraldine Karonis, US Trustee

Clerk, US Bankruptcy Court

Case 1:05-cv-00390-JD Document 4 Filed 03/14/06 Page 1 of 1