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





 EXHIBIT 10.1 

In this document, “[***]” indicates that certain confidential information has been redacted from this document because it is both
(i) not material to investors and (ii) likely to cause competitive harm to the Company if publicly disclosed. 
 August 21, 2019 

Stein Mart, Inc. 
 1200 Riverplace Boulevard 

Jacksonville, FL 32207 

Attn: James Brown, Chief Financial Officer 

Re:    Credit Card Program Agreement 

Dear James: 
 Reference is made to that certain Amended and
Restated Co-Brand and Private Label Credit Card Consumer Program Agreement, dated February 24, 2016, by and between Stein Mart, Inc. and Synchrony Bank, as amended by amendments dated as of May 9,
2016, as of September 13, 2016, as of February 22, 2018 and as of November 20, 2018 (collectively, the “Agreement”). Capitalized terms used herein shall have the meanings ascribed to them in the Agreement. 

Pursuant to Section 10.2(p) of the Agreement, the Bank has a right to terminate the Agreement if Retailer fails
to meet the financial covenants and comply with the terms set forth in Schedule 10.2(p) (collectively, “Financial Covenants”). In lieu of requiring the Retailer to provide collateral to the Bank in consideration of a waiver
of a failure to satisfy these covenants, the Bank and Retailer have agreed to amend the Agreement and to waive the Retailer’s obligation to comply with the Financial Covenants based on Retailer’s financial results through and including
October 31, 2020 (the “Exemption Period”). Thereafter, Retailer shall be required to satisfy the Financial Covenants and the Financial Covenants will remain in full force and effect in all subsequent periods during the Term. 

In addition, the parties agree from September 1, 2019 through the end of the Exemption Period the Agreement will be amended to apply a Retailer Royalty
of [***] ([***] basis points) and Acquisition Bounty Payments of $[***] for each Co-Brand Account and $[***] for each Private Label Account. Thereafter, the Retailer Royalty and Acquisition Bounty Payments set
forth in Schedule 4.1 of the Agreement shall apply for the remainder of the Term. 
 This letter agreement amends the Agreement and supersedes
and replaces in its entirety all discussions, understandings and agreements, written or oral, between the parties after November 20, 2018 relating to the Retailer’s failure to satisfy the Financial Covenants. For avoidance of doubt the
Fourth Amendment to the Agreement is not superseded. Except as amended by this letter agreement, the Agreement remains in full force and effect. Kindly indicate your acceptance of the terms of this letter agreement by signing the Acknowledgement
below. Thank you. 
 Sincerely, 
  

			
	   /s/ Jack Thayer

                     
                                         
                                         
      

	  Jack Thayer, SVP, General Manager – Diversified Client Group

 ACKNOWLEDGED AND AGREED 

this 21 day of August, 2019: 
 STEIN MART, INC.

  

			
	 By:
	 	   /s/ D. Hunt Hawkins

		 	
                     
                        

	 Name:
	 	   D. Hunt Hawkins
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's Consolidated Financial Statements as of January 31, 1999 and is
qualified in its entirety by reference to such consolidated financial
statements.
</LEGEND>                        
                                 
<S>                                        <C>
<PERIOD-TYPE>                              3-MOS
<FISCAL-YEAR-END>                          JUL-31-1999
<PERIOD-START>                             AUG-1-1998
<PERIOD-END>                               JAN-31-1999
<CASH>                                        411,000
<SECURITIES>                                        0
<RECEIVABLES>                               6,769,000
<ALLOWANCES>                                  771,000
<INVENTORY>                                 7,393,000
<CURRENT-ASSETS>                           15,375,000
<PP&E>                                        251,000
<DEPRECIATION>                                      0
<TOTAL-ASSETS>                             24,059,000
<CURRENT-LIABILITIES>                       9,792,000
<BONDS>                                             0
<COMMON>                                   17,591,000
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<OTHER-SE>                                          0
<TOTAL-LIABILITY-AND-EQUITY>               24,059,000
<SALES>                                     9,326,000
<TOTAL-REVENUES>                            9,326,000
<CGS>                                       4,911,000
<TOTAL-COSTS>                               4,911,000
<OTHER-EXPENSES>                            3,894,000
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                            200,000
<INCOME-PRETAX>                               321,000
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                           321,000
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                  321,000
<EPS-PRIMARY>                                     0.09
<EPS-DILUTED>                                     0.09
                                 

</TABLE>
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

Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned
officers of Rand Capital Corporation (the Company), does hereby certify, to such officers knowledge, that:

The
Quarterly Report on Form 10-Q for the quarter ended March 31, 2018 (the Form 10-Q) of the Company fully complies with the requirement of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of
the Company.

Dated: May 2, 2018



/s/ Allen F. GrumAllen F. Grum, President (Chief Executive Officer)


Dated: May 2, 2018



/s/ Daniel P. PenberthyDaniel P. Penberthy, Treasurer(Chief Financial Officer)
<PAGE>

                                                                    EXHIBIT 32.1

    CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U. S. C. Section 1350, I, William C. Adair, Jr., hereby certify
that the Quarterly Report of Direct General Corporation on Form 10-Q for the
quarter ended March 31, 2005 (the "Report") fully complies with the requirements
of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, and
that the information contained in that Report fairly presents, in all material
respects, the financial condition and results of operations of Direct General
Corporation.

      May 10, 2005                 By: /s/ William C. Adair, Jr.
                Date                   -----------------------------------------
                                                             (Signature)
                                   Name: William C. Adair, Jr.
                                   Title: Chairman and Chief Executive Officer
Michigan Supreme Court Lansing, Michigan

Stephen J. Markman,
Chief Justice

Brian K. Zahr a Bridget M. McCormac k

David F. Viviano

Richard H. Bernstei n Kurtis T. Wilde r Elizabeth T. Clement,

J ustices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at t he direction of the Court.

May 16, 2018

d0509p 

# Order

Clerk May 16, 2018

156616

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 156 616 COA: 338877 Berrien CC: 2015-005091-FH JOHN ANTONYA MOSS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the August 21, 2017 order of the Court of Appeals is considered. We direct the Cle rk to schedule oral argument on whether to grant the application or take other acti on. MCR 7.305(H)(1).

The appellant shall file a supplemental brief within 42 days o f the date of this order addressing whether adoptive siblings are related by blood or affinity. The brief shall address whether the proper definition of “affinity” is th at found in Bliss v Caille

Bros Co , 149 Mich 601 (1907), or People v Armstrong , 212 Mich App 121 (1995). In addition to the brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must pr ovide the appendix page numbers as required by MCR 7.312( B)(1). The appellee shall fil e a supplemental brief within 21 days of being served with the appellant’s brief. The appellee shall also electronically file an appendix, or in the alternative, stipula te to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee’ s brief. The parties should not submit mere restatements of their application papers.

The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan are inv ited to file briefs amicus curia e. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.
UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

Samuel J. Bourne, Individually

and as Trustee of Bedrock Realty Trust

and Cheryl L. Bourne, Individually

and as Trustee of Bedrock Realty Trust

v. Civil No. 05-365-JD

Town of Madison, New Hampshire,

Madison Board of Selectmen,

John R. Arruda, Jr., Clifford A. Graves,

Eileen T. Crafts, and Robert D. King

O R D E R

The plaintiff has filed a motion to compel the production of

documents which he claims the defendants have failed to produce

in response to requests no. 14, 19 and 20. The plaintiff agrees

that the defendants have responded to request no. 20 so that

request is no longer at issue.

The defendants have failed to demonstrate that the documents

relating to request no. 14 are privileged nor have they provided

any other sufficient reason for not producing said documents. 

With respect to request no. 19 the defendants have failed to

provide sufficient reason for not producing said documents.

Case 1:05-cv-00365-JD Document 55 Filed 01/08/07 Page 1 of 2
2

Therefore, the defendants are ordered to produce the

documents relating to requests no. 14 and 19 by January 19, 2007.

SO ORDERED.

____________________________

Joseph A. DiClerico, Jr.

United States District Judge

January 8, 2007

cc: Catherine M. Costanzo, Esquire

Brian J.S. Cullen, Esquire

Rachel A. Hampe, Esquire

Richard D. Sager, Esquire

Gerald F. Williamson, Esquire

Case 1:05-cv-00365-JD Document 55 Filed 01/08/07 Page 2 of 2
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1312 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 1312

To amend the Family and Medical Leave Act of 1993 to permit leave after 
   the death of a spouse for widows and widowers with minor children.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2001

Mr. LaTourette introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committees on Government Reform, and House Administration, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
To amend the Family and Medical Leave Act of 1993 to permit leave after 
   the death of a spouse for widows and widowers with minor children.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 
U.S.C. 2612(a)(1)) is amended by adding at the end the following:
                    ``(E) Because of the death of the spouse, in order 
                to care for a son or daughter.''.
                                 <all>
```
<TABLE>
<CAPTION>

                     LINENS 'N THINGS, INC. AND SUBSIDIARIES
                   COMPUTATION OF NET INCOME PER COMMON SHARE
                    (in thousands, except per share amounts)


                                                                     Thirteen Weeks Ended               Thirty-Nine Weeks Ended
                                                                  October 2,        September 26,        October 2,   September 26,
                                                                     1999               1998                1999           1998
                                                               ---------------   ------------------   --------------  -------------
                                                                         (Unaudited)                          (Unaudited)
<S>                                                            <C>                <C>               <C>                 <C>
Basic

    Weighted-average number of shares
     outstanding                                                      39,395             38,955             39,305            38,868
                                                               ==============     ==============    ===============     ============

    Net income applicable to common shares                           $14,662            $11,018            $23,360           $15,319
                                                               ==============     ==============    ===============     ============

    Per share amounts
        Net income per share                                           $0.37              $0.28              $0.59             $0.39
                                                               ==============     ==============    ===============     ============

Diluted

    Weighted-average number of shares
     outstanding                                                      40,940             40,508             40,959            40,387
                                                               ==============     ==============    ===============     ============

    Net income applicable to common shares                           $14,662            $11,018            $23,360           $15,319
                                                               ==============     ==============    ===============     ============

    Per share amounts
        Net income per share                                           $0.36              $0.27              $0.57             $0.38
                                                               ==============     ==============    ===============     ============


</TABLE>
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

 v. Case No. 06-cr-80-01/02-SM

Heather Booth and

Patrick D'Ambois

O R D E R

Defendant D'Ambois' assented-to motion to continue the trial (document no. 10) is

granted. Trial has been rescheduled for the September 2006 trial period. Defendants shall

file Waivers of Speedy Trial Rights not later than June 2, 2006. On the filing of such waiver,

his continuance shall be effective.

The court finds that the ends of justice served by granting a continuance outweigh

the best interest of the public and the defendant in a speedy trial, 18 U.S.C. §

3161(h)(8)(B)(iv), in that failure to grant a continuance would unreasonably deny the

defendant the reasonable time necessary for effective preparation taking into account the

Case 1:06-cr-00080-SM Document 11 Filed 05/23/06 Page 1 of 2
2

exercise of due diligence under the circumstances.

Final Pretrial Conference: August 29, 2006 at 3:30 PM

Jury Selection: September 6, 2006 at 9:30 AM

SO ORDERED.

May 23, 2006 _________________________

Steven J. McAuliffe

Chief Judge

cc: Mark Zuckerman, Esq.

 Brian Tucker, Esq. 

 Patrick Richard, Esq.

 U. S. Probation

 U. S. Marshal

Case 1:06-cr-00080-SM Document 11 Filed 05/23/06 Page 2 of 2
#### UNITED STATES of America, Plaintiff-Appellee, v. Barbara Deane LONG, Defendant-Appellant.

No. 02-30416. D.C. No. CR-02-00236-BJR.

United States Court of Appeals, Ninth Circuit.

Submitted July 21, 2003.*

Decided July 29, 2003.

Before LEAVY, HAWKINS and RAWLINSON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

*700MEMORANDUM**

Barbara Deane Long appeals the 51-month sentence imposed following her guilty plea conviction for bank robbery in violation of 18 U.S.C. § 2113(f). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We review de novo the district court’s interpretation of the sentencing guidelines, *United States v. Hughes,*282 F.3d 1228, 1230 (9th Cir. 2002), review for clear error the factual basis for the district court’s sentencing decision, *United States v. Parish,*308 F.3d 1025, 1029 (9th Cir.2002), and review for abuse of discretion the district court’s application of the Guidelines to a particular set of facts, *United States v. Hicks,*217 F.3d 1038, 1047 (9th Cir.2000). We affirm.

Contrary to Long’s contention, the district court did not err by applying the two-level enhancement under U.S.S.G. § 2B3.1(b)(2)(F). During one robbery Long instructed a teller to “Give me $500 and don’t say anything. I have my partner waiting outside with a gun.” During another robbery, Long said, “Don’t say anything for fifteen minutes or you and I both won’t go back safe,” and “I’ve got a gun and I’m going to kill you both.” These statements were sufficient under the circumstances to “instill in a reasonable person, who is a victim of the offense, a fear of death,” as a threat to his or her life. U.S.S.G. § 2B3.1(b)(2)(F); *see also id.*at cmt. 6. (observing that “the defendant does not have to state expressly his intent to kill the victim in order for the enhancement to apply.”)

Long’s remaining contentions lack merit.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
#### UNITED STATES v. POPE.

No. 8328.

Circuit Court of Appeals, Fifth Circuit.

Jan. 27, 1938.

Clyde O. Eastus, U. S. Atty., and Frank B. Potter, Asst. U. S. Atty., both of Fort Worth, Tex., David A. Turner, Attorney, Dept, of Justice, of Dallas, Tex., Julius C. Martin, Director, Bureau of War Risk Litigation, and Thomas E. Walsh and Young M. Smith, A ttys., Dept, of Justice, all of Washington, D. C., and Wilbur C. Pickett, Sp. Asst, to Atty. Gen., for the United States.

George A. McCall and Jim L. McCall, both of Weatherford, Tex., for appellee.

*558Before SIBLEY, HUTCHESON,-and HOLMES, Circuit Judges.

PER CURIAM.

In the above numbered and entitled cause, comes the appellant by its counsel, Clyde O. Eastus, Esq., United States Attorney, and the appellee by his counsel, George A. McCall, Esq., and file a joint stipulation to reverse and remand said cause.

Pursuant to said stipulation, it is ordered and adjudged by this court that the judgment of'the said District Court in this cause be, and the same is hereby, reversed; and that this cause be, and it is hereby, remanded to the said District Court for a new trial for the purpose of entering a judgment in favor of Robert Pope for the sum of $4,750. It is further ordered that the mandate of this court shall issue forthwith.
United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-3514

___________ Daniel L. Johnson, * * Appellant, * * v. * * Appeal from the United States Dora B. Schriro; Michael Groose; * District Court for the Jodie Jackson; Mike Kemna; Steve * Western District of Missouri. Moore; Jennifer Miller; Jean Ann * Johnson; William Galloway; Charles * [UNPUBLISHED] P. Karns, Lt.; Tony Kirkendoll; Lynden * Francis; Cynthia Prudden; Kelly * Morris; Troy Steele; William Wade; * Larry Johnston; Sherie Korneman, * * Appellees. *

___________ Submitted: April 21, 1998 Filed: April 27, 1998

___________ Before FAGG, BEAM, and HANSEN, Circuit Judges.

___________ PER CURIAM.The Honorable Howard F. Sachs, United States District Judge for the Western 1 District of Missouri. -2- DanielL. Johnson appeals the district court & s order dismissing his civil right s 1 complaint without prejudice under Federal Rule of Civil Procedure 41(b) for failing to comply with the district court & s order directing him to summarize his claims and clarify iss ues related to specific defendants. Having carefully reviewed the record and th e parti es & briefs, we find no abuse of discretion. See Edgington v. Missouri Dep & t o f Correcti ons , 52 F.3d 777, 779-80 (8th Cir. 1995). Accordingly, we affirm th e judgment of the district court. See 8th Cir. R. 47B. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

 v. Case No. 05-cr-253-01-SM

Keith MacLeod

O R D E R

Defendant's assented-to motion to continue the trial (document no. 25) is granted. Trial has

been rescheduled for the October 2006 trial period. Defendant shall file a Waiver of Speedy Trial

Rights not later than July 21, 2006. On the filing of such waiver, his continuance shall be effective.

The court finds that the ends of justice served by granting a continuance outweigh the best

interest of the public and the defendant in a speedy trial, 18 U.S.C. § 3161(h)(8)(B)(iv), in that failure

to grant a continuance would unreasonably deny the defendant the reasonable time necessary for

effective preparation taking into account the exercise of due diligence under the circumstances.

Final Pretrial Conference: September 25, 2006 at 9:30 AM

Jury Selection: October 3, 2006 at 9:30 AM

SO ORDERED.

July 14, 2006 _______________________________

Steven J. McAuliffe

Chief Judge

cc: Mark Howard Esq.

 Stanley Norkunas, Esq.

 U. S. Probation

 U. S. Marshal

Case 1:05-cr-00253-SM Document 26 Filed 07/14/06 Page 1 of 2
2

Case 1:05-cr-00253-SM Document 26 Filed 07/14/06 Page 2 of 2