alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.3  


AMENDMENT NO. 4 TO EMPLOYMENT AGREEMENT  


        AMENDMENT NO. 4 TO EMPLOYMENT AGREEMENT made as of the 13th day of May, 2004 by and between AEROFLEX INCORPORATED, a Delaware corporation
(hereinafter the "Company") and LEONARD BOROW (hereinafter the "Executive"). 


W I T N E S S E T H:  


        WHEREAS, the Company and Executive entered into an Employment Agreement dated March 1, 1999, as amended subsequently by Amendment Agreements dated
September 1, 1999, August 13, 2001 and November 8, 2001(hereinafter the "Employment Agreement"); and 


        WHEREAS,
the Company and Executive desire to further modify the said Employment Agreement. 



        NOW,
THEREFORE, the parties hereto agree as follows: 



	1.
	Paragraph 2(b)
shall be amended and restated as follows, effective as of the date hereof: 





"(b)    Employment Term.    The Employment Term shall commence on the Effective Date and shall terminate on December 31,
2009." 



	2.
	Except
as specifically provided in this Amendment, the Employment Agreement is in all other respects hereby ratified and confirmed without amendment. 




        IN
WITNESS WHEREOF, the undersigned have executed this Amendment as of the day and year first above written. 



	

 	
 	

AEROFLEX INCORPORATED
	

 	
 	

By:	

/s/  MICHAEL GORIN      
 Michael Gorin, Vice Chairman
	

 	
 	

 	

/s/  LEONARD BOROW      
 Leonard Borow
<PAGE>





                                                                    EXHIBIT 32.2






              SECTION 1350 CERTIFICATION OF CHIEF FINANCIAL OFFICER


     In connection with the Quarterly Report of CDSI Holdings Inc. (the
"Company") on Form 10-QSB for the period ended June 30, 2007 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, J.
Bryant Kirkland III, 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, to my knowledge:

     1.   The Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

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













August 14, 2007                                   /s/ J. Bryant Kirkland III
                                           ------------------------------------
                                           J. Bryant Kirkland III
                                           Vice President and Chief Financial
                                           Officer
**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**




In
      connection with the Quarterly Report of SMF Energy Corporation(the "Company")
      on
      Form 10-Q for the quarterly period ended September 30, 2008, as filed with
      the Securities and Exchange Commission on the date hereof (the "Report"), each
      of the undersigned hereby certifies, pursuant to 18 U.S.C. §1350, as adopted
      pursuant to § 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.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      SMF Energy Corporation and will be retained by SMF Energy Corporationand
      furnished to the Securities and Exchange Commission or its staff upon
      request.






/s/
                Richard E. Gathright


Richard
      E. Gathright


Chairman
      of the Board, Chief Executive Officer and President


(Principal
      Executive Officer)


November
      14, 2008






/s/
                Michael S. Shore


Michael
      S. Shore


Chief
      Financial Officer, Treasurer and Senior Vice President


(Principal
      Financial Officer)


November
      14, 2008
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This  schedule  contains  summary  financial  information  Extracted  forom  the
financial statements contained in the Form 10-ksb for the year ended 6-30-96 and
is qualified in its entirety by reference to such financial statements
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              JUN-30-1996
<PERIOD-START>                                 JUL-01-1995
<PERIOD-END>                                   JUN-30-1996
<CASH>                                                 971
<SECURITIES>                                             0
<RECEIVABLES>                                      296,871
<ALLOWANCES>                                       (13,000)
<INVENTORY>                                      1,150,669
<CURRENT-ASSETS>                                 1,455,937
<PP&E>                                             634,332
<DEPRECIATION>                                      62,405
<TOTAL-ASSETS>                                   3,272,686
<CURRENT-LIABILITIES>                            5,538,924
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                            37,501
<OTHER-SE>                                         555,800
<TOTAL-LIABILITY-AND-EQUITY>                     3,272,686
<SALES>                                          3,829,523
<TOTAL-REVENUES>                                 3,829,523
<CGS>                                            2,559,350
<TOTAL-COSTS>                                    2,559,350
<OTHER-EXPENSES>                                 3,895,270
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                 256,871
<INCOME-PRETAX>                                 (2,625,097)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                             (2,625,097)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                    (2,625,097)
<EPS-PRIMARY>                                       (0.140)
<EPS-DILUTED>                                       (0.140)
        

</TABLE>
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

-------------------------------------------------------------X

CARY RATNER,

Plaintiff,

ORDER

-against- CV 07-4742 (JS)(ARL)

MARTEL ELECTRONICS CORPORATION, 

et al.,

Defendants.

-------------------------------------------------------------X

LINDSAY, Magistrate Judge:

Before the court is a motion to permit Brett Schatz to appear pro hac vice on behalf of the

defendant Martel Electronics Corporation (“Martel”). The pro se plaintiff, Cary Ratner, opposes

the motion on the ground that Mr. Schatz is representing Martel in an action pending in the

Western District of Washington, which also seeks to invalidate the plaintiff’s patent. The

plaintiff’s argument is not a basis to deny Mr. Schatz’ application. Local Civil Rule 1.3 provides:

 “[a] member in good standing of the bar of any state or of any

United States District Court may be permitted to argue or try a

particular case in whole or in part as counsel or advocate, upon

motion and upon filing with the Clerk of the District Court a

certificate of the court for each of the states in which the applicant is

a member of the bar, which . . . states that the applicant is a member

in good standing of the bar of that state court. 

Mr Schatz has submitted a certificate of good standing from the State of Ohio and has indicated in

a sworn affidavit that there are no pending disciplinary proceedings against him in any state or

federal court. Accordingly, Mr. Schatz has satisfied the requirements of Local Rule 1.3 and his

motion is granted. 

Dated: Central Islip, New York SO ORDERED:

 January 15, 2008

_________/s/_____________________

ARLENE R. LINDSAY

United States Magistrate Judge

Case 1:08-cv-00418-PB Document 44 Filed 01/15/08 Page 1 of 1
[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Notices]
[Page 56853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22996]



[[Page 56853]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary


Privacy Act of 1974; Retirement of System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of the retirement of one Privacy Act system of records 
notice.

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

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security is giving notice that it proposes to retire the 
following Privacy Act system of records notice, Treasury/CS.123 Injury 
Notice (66 FR 52984, October 18, 2001), from its inventory of record 
systems and rely upon the Government-wide system of records notice 
issued by the Department of Labor, DOL/GOVT-1 ESA, Office of Workers' 
Compensation Programs, Federal Employees Compensation Act File (67 FR 
49338, July 30, 2002), which is written to cover all Federal workers' 
compensation programs.

DATES: These changes will take effect on October 30, 2008.

FOR FURTHER INFORMATION CONTACT: Hugo Teufel III, Chief Privacy 
Officer, Department of Homeland Security, Washington, DC 20528, by 
telephone (703) 235-0780 or facsimile (703) 235-0442.

SUPPLEMENTARY INFORMATION: Pursuant to the provisions of the Privacy 
Act of 1974, 5 U.S.C. 552a, and as part of its ongoing integration and 
management efforts, the Department of Homeland Security (DHS) is 
retiring the system of records notice, Treasury/CS.123 Injury Notice 
(66 FR 52984, October 18, 2001), that was issued by Customs Service, 
Department of the Treasury prior to the creation of the Department of 
Homeland Security.
    DHS will continue to collect and maintain records regarding 
individuals who file for workers' compensation and will rely upon the 
existing Federal Government-wide system of records titled DOL/GOVT-1 
ESA, Office of Workers' Compensation Programs, Federal Employees 
Compensation Act File (67 FR 49338, July 30, 2002), which is written to 
cover all Federal workers' compensation programs.
    Eliminating this notice will have no adverse impacts on individuals 
but will promote the overall streamlining and management of DHS Privacy 
Act record systems.

    Dated: September 24, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-22996 Filed 9-29-08; 8:45 am]
BILLING CODE 4410-10-P
Exhibit 21.1

GOLF TRUST OF AMERICA, INC.
LIST OF SUBSIDIARIES

GTA
GP, Inc., a Maryland corporation

GTA
LP, Inc., a Maryland corporation

Golf
Trust of America, L.P., a Delaware limited partnership in which GTA GP, Inc. is the sole general partner.

GTATierra
Del Sol, LLC, a South Carolina limited liability company

GTAWekiva,
LLC, a South Carolina limited liability company

GTABlack
Bear, LLC, a South Carolina limited liability company

GTAPete
Dye, LLC, a South Carolina limited liability company

GTAStonehenge,
LLC, a South Carolina limited liability company

GTAIB,
LLC, a Florida limited liability company

GTAIB
Operations, LLC, a Florida limited liability company

GTAIB
Management, LLC, a Florida limited liability company

GTAIB
Condominium, LLC, a Florida limited liability company

GTAIB
Golf Resort, LLC, a Florida limited liability company

Golf
Host Securities, Inc., a Florida corporation

---
EXHIBIT 32(ii)

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

In connection with the Annual Report of A.G. Edwards, Inc. (the Registrant) on Form 10-K for the period ended February 28, 2006, as filed with the Securities and Exchange Commission on May 5, 2006, hereof (the Report), I, Douglas L. Kelly, Chief Financial Officer of the Registrant, 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 results of operations of the Registrant.
| |    

|                  | A.G. EDWARDS, INC.
|----------------- | ------------------
|                 
|Date: May 5, 2006 | By:               
|                  |                   
|                  |                   

____________________

|* | A signed original of this written statement required by Section 906 has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.
|- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

---
[745 NYS2d 540]

#### In the Matter of Donald B. Stein (Admitted as Donald Burton Stein), a Suspended Attorney, Respondent. Departmental Disciplinary Committee for the First Judicial Department, Petitioner.

First Department,

August 1, 2002

APPEARANCES OF COUNSEL

*Roberta N. Berkwits*of counsel *(Thomas J. Cahill,*attorney), for petitioner.

No appearance for respondent.

*233OPINION OF THE COURT

Per Curiam.

Respondent Donald B. Stein was admitted to the practice of law in the State of New York by the Second Judicial Department on June 30, 1993, as Donald Burton Stein, and at all times relevant to this proceeding maintained an office for the practice of law within the First Judicial Department.

The Departmental Disciplinary Committee now seeks an order pursuant to 22 NYCRR 603.4 (g), disbarring respondent from the practice of law on the ground that he was suspended from the practice of law pursuant to 22 NYCRR 603.4 (e) (1) (i) • *(see, Matter of Stein,*287 AD2d 32), and has neither appeared nor applied in writing to the Committee or the Court for a hearing or reinstatement for a period of over six months from the date of his suspension. This Court suspended respondent based on his willful failure to cooperate with the Committee’s investigation into two complaints by respondent’s clients alleging that he had neglected their cases.

Respondent failed to appear on the previous motion as well as the present motion, nor has he made an application for a hearing or reinstatement. In addition, he has not filed an affidavit of compliance as directed by this Court’s prior order *(see,*22 NYCRR 603.13 [f]).

Accordingly, the Committee’s motion to disbar respondent pursuant to 22 NYCRR 603.4 (g) should be granted, and respondent’s name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective immediately.

Williams, P.J., Tom, Mazzarelli, Saxe and Lerner, JJ., concur.

Respondent disbarred, and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective immediately.
**Exhibit10.3.8**

AMENDMENTNUMBER EIGHT

TOTHE

ACCESSBANK PROFIT-SHARING AND EMPLOYEE STOCK OWNERSHIP PLAN

 

WHEREAS, the AccessBank Profit-Sharing and Employee Stock OwnershipPlan (the “Plan”) provides that AccessBank (the “Company”) has the power andright to amend the Plan:

 

NOW THEREFORE, the Company hereby amends the Plan by the adoption ofthe following amendment:

 

***I.             Thefirst sentence of Section 8.4[a] is deleted and amended to read as follows:***

 

                8.4[a] **RequiredConsent to Distribution:**If the value of a Participant’s vestedAccount balance exceeds $1,000, the Participant must consent to anydistribution of the Account balance prior to the later of attainment of NormalRetirement Age or age 62.

 

***II.           Thefirst sentence of Section 8.4[b][1] is deleted and amended to read as follows:***

 

                8.4[b][2] **Accounts NotExceeding $1,000:**Notwithstanding any other provision of this Plan,if a Participant terminates employment with the Company and the value of the Participant’svested Account balance does not exceed $1,000, the Participant will receive adistribution of the value of the entire vested portion of such Account balancein a single lump sum within an administratively reasonable period of time afterthe Participant terminates employment.

 

***III.          Thefirst sentence of Section 8.4[b][2] is deleted and amended to read as follows:***

 

                8.4[b][2] **AccountsExceeding $1,000:**A Participant may elect one of the followingdistribution forms, provided that the Participant’s vested Account exceeds$1,000:

 

***IV.***          The provisions of this Amendment shall be effective March28, 2005.

 

IN WITNESSWHEREOF, the undersigned officers being duly authorized by the Board ofDirectors of AccessBank and Access Anytime Bancorp, Inc., hereby approve andadopt this Amendment as of the date first set forth below.
|                | ACCESSBANK |                     |
|---------------------|------------|--------------------------|
|                |       |                     |   |
|                | By:        |  /s/ Don K. Padgett |   |
|                | Title:     | President                |   |
|                | Date:      | March 24, 2005           |   |
| Attest:             |       |                     |   |
|                |       |                     |   |
| /s/ Kathy Allenberg |       |                     |   |

 

----

|    | ACCESS ANYTIME BANCORP,  INC. |
|---------|-------------------------------|
|    |                          |   |
|    | By:                           | /s/ Norman R. Corzine |   |
|    | Title:                        | Chairman |   |
|    | Date:                         | March 24, 2005 |   |
| Attest: |                          |   |   |
|    |                          |   |   |
|    |                          |   |   |

 

2

----
#### Chandler *v.*Marlatt, Exr.

(No. 24862

— Decided October 24, 1934.)

*Mr. Dorr E. Warner,*for plaintiff in error.

*Messrs. Treadway & Marlatt,*for defendant in error.

It is ordered and adjudged that said petition in error be, and the same is hereby, dismissed for the reason no debatable constitutional question is involved in said cause.

*Petition in error dismissed.*

Weygandt, C. J., Stephenson, Jones, Matthias, Bevis, Zimmerman and Wilkin, JJ., concur.
Exhibit 11
<TABLE>
                       ENRON CORP. AND SUBSIDIARIES
                     CALCULATION OF EARNINGS PER SHARE
                                (Unaudited)


<CAPTION>
                                                Three Months Ended    Nine Months Ended
                                                  September 30,         September 30,
                                                  1997       1996      1997        1996
                                            (in millions, except share and per share amounts)

<S>                                              <C>        <C>       <C>          <C>
Primary Earnings Per Share
 Earnings on common stock
   Net income                                    $ 134      $ 123     $  (64)      $ 453
   Preferred stock dividends                        (5)        (4)       (13)        (12)
                                                 $ 129      $ 119     $  (77)      $ 441

 Average number of common shares 
  outstanding                                      294        247        264         246
 Primary earnings per share of 
  common stock                                   $0.44      $0.48     $(0.29)      $1.79

Fully Diluted Earnings Per Share
 Adjusted earnings on common stock
   Net income                                    $ 134      $ 123     $  (64)      $ 453
   Preferred stock dividends                        (5)        (4)       (13)        (12)
   Add back:
     Dividends on convertible preferred stock        5          4         13          12
                                                 $ 134      $ 123     $  (64)      $ 453

 Average number of common shares outstanding
  on a fully diluted basis
   Average number of common shares outstanding     294        247        264         246
   Additional shares issuable upon:
     Conversion of preferred stock                  18         19         18          19
     Exercise of stock options reduced by the
      number of shares which could have been
      purchased with the proceeds from
      exercise of such options                       5          5          5           5
                                                   317        271        287         270

 Fully diluted earnings per share of
  common stock                                   $0.42      $0.45     $(0.22)(a)   $1.68

<FN>
(a) This calculation is submitted in accordance with Regulation S-K item
    601(b)(ii) although it is contrary to paragraph 40 of APB Opinion No. 15
    because it produces an antidilutive result.
</TABLE>

<PAGE>
[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Notices]
[Page 57194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23124]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Mississippi Division; Notice To Rescind a Notice of Intent To 
Prepare an Environmental Impact Statement (EIS): Hinds and Madison 
Counties, MS

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Rescind Notice of Intent to prepare an EIS.

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

SUMMARY: The FHWA is issuing this notice to advise the public that the 
Notice of Intent published on August 10, 2007 to prepare an 
Environmental Impact Statement (EIS) for a proposed Interstate type 
facility connecting I-55 with I-20 through Hinds and Madison counties 
is being rescinded.

FOR FURTHER INFORMATION CONTACT: Cecil Vick, Environment and Planning 
Management Team Leader, Federal Highway Administration, Mississippi 
Division, 666 North Street, Suite 105, Jackson, Mississippi 39202, 
Telephone: (601) 965-4217.

SUPPLEMENTARY INFORMATION:

Background

    The FHWA is rescinding the notice of intent to prepare an 
Environmental Impact Statement (EIS) which was to study potential 
improvements to the existing State Route 22 (SR 22) corridor. This 40-
mile long corridor was proposed to be upgraded to Interstate standards 
with logical termini on Interstate 55 in Madison County and I-20 in 
Hinds County, Mississippi.
    The purpose of the EIS was to address the transportation, 
environmental, and safety issues of such a transportation corridor. The 
improved connection would improve mobility and access throughout the 
Jackson metropolitan area and support economic activity. The highway 
was proposed as a full control of access facility, and appropriate 
interchanges will be studied at various locations.
    During the first round of public meetings, it was determined that 
the public was unanimous in their opposition to this project. In 
addition, there is no funding available for the construction.

Andrew H. Hughes,
Division Administrator, Mississippi, Federal Highway Administration, 
Jackson, Mississippi.
[FR Doc. E8-23124 Filed 9-30-08; 8:45 am]
BILLING CODE 4910-22-P