alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
sbid_ex1015.htm


EXHIBIT 10.15


 


THIRD AMENDMENT TO


 


SUBSCRIPTION ESCROW AGREEMENT


 


This Second Amendment to the Subscription Escrow Agreement (the “Amendment”) is made as of March 25, 2014, by and among the Issuer, Depositor and Escrow Agent.  This Amendment amends the Subscription Escrow Agreement by and among the Issuer, Depositor and Escrow Agent, dated as of September 9, 2013, as amended November 15, 2013 and February 6, 2014 (collectively referred to as the “Agreement”).  Capitalized terms used and not otherwise defined herein have the respective meanings ascribed to them in the Agreement.


 


The fourth recital of the Agreement is hereby amended to read in its entirety as follows:


 


WHEREAS, Units will be offered through April 30, 2014 (the “Offering Period”);


 


This Amendment may be executed in multiple counterparts, each of which may be executed by less than all of the parties and shall be deemed to be an original instrument which shall be enforceable against the parties actually executing such counterparts and all of which together shall constitute one and the same instrument. The exchange of copies of this Amendment and of signature pages by facsimile transmission or in pdf format shall constitute effective execution and delivery of this Amendment as to the parties and may be used in lieu of the original Amendment for all purposes. Signatures of the parties transmitted by facsimile or in pdf format shall be deemed to be their original signatures for all purposes.


 


This Amendment is hereby made part of and incorporated into the Subscription Escrow Agreement, with all the terms and conditions of the Agreement remaining in full force and effect, except to the extent modified hereby.  The Parties agree for and on behalf of their respective party this 25th day of March, 2014.


 


SIGNATURE PAGE TO FOLLOW


 




  





1











  






IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first set forth above.


 


CSC Trust Company of Delaware


as Escrow Agent


 


By: /s/ Alan R. Halpern                                           


Name:  Alan R. Halpern


Title:  Vice President


 


SYMBID CORP.


 


By: /s/ Korstiaan Zandvliet                                                      


 


Name:  Korstiaan Zandvliet


Title:  Chief Executive Officer


 


DEPOSITOR


 


Gottbetter Capital Markets, LLC


 


By: /s/ Julio A. Marquez                                                      


Name:  Julio A. Marquez


Title:  President


 


2
froz_ex1063.htm


Exhibit 10.63


 




  





1











  






 


 




  





2











  






 


 




  





3











  






 


 




  





4











  






 


 




  





5











  






 


 




  





6











  






 


 




  





7











  






 


 



8
#### DORN-CHRYSLER PLYMOUTH, INC., Respondent, v. Richard L. RODERIQUE, Appellant.

No. 34561.

Missouri Court of Appeals, St. Louis District.

Nov. 7, 1972.

*49Louis A. Robertson, St. Louis, for respondent.

Niedner, Moerschel, Nack & Ahlheim, St. Charles, for appellant.

CLEMENS, Judge.

Appeal from an order denying defendant’s motion to retax $147.49 costs taxed against defendant for jurors’ fees and mileage in a case settled on the day of trial before the jury was sworn.

Section 494.100, V.A.M.S., sets the rates for jurors’ fees and mileage, declaring these are “to be paid out of the county treasury.” Section 494.160, V.A.M.S., specifically governs the taxing of jury fees as costs in civil actions: “Whenever any jury provided for . . . shall serve in the trial of any case, other than criminal, there shall be taxed against the unsuccessful party and collected as costs the sum of twelve dollars as jury fees, which, when collected, shall be paid into the county treasury”. We find no other statutory authority for taxing jury costs against an unsuccessful party.

 It has long been settled in Missouri that costs are creatures of statute and that statutes allowing taxation of costs are strictly construed. McCrary v. Michael, 233 Mo.App. 797, 109 S.W.2d 50 [1]; Laclede Land & Improvement Co. v. Morten, 183 Mo.App. 637, 167 S.W. 658 [2]; Van Trump v. Sanneman, 193 Mo. App. 617, 187 S.W. 124 [3]. Courts have no inherent power to award costs, which can only be granted by virtue of express statutory authority. Humphrey v. Mc-Kown, Mo.App., 217 S.W. 851 [1, 2].

The order denying defendant’s motion to retax costs is reversed and the cause remanded with directions to reduce the amount of the fee by $147.49.

DOWD, Acting C. J., and WEIER, J., concur.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-50226 

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

NOE ISMAEL OCHOA-URIBE,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-97-CR-338-ALL

- - - - - - - - - -

December 10, 1998

Before DAVIS, DeMOSS, and STEWART, Circuit Judges. 

PER CURIAM:*

Court-appointed counsel for Noe Ismael Ochoa-Uribe has moved

for leave to withdraw and has filed a brief as required by Anders

v. California, 386 U.S. 738 (1967). Ochoa-Uribe has submitted a

response to counsel’s motion to withdraw. Our independent review

of counsel’s brief, Ochoa-Uribe’s response, and the record

discloses no nonfrivolous issue. Accordingly, the motion for

leave to withdraw is GRANTED, counsel is excused from further

responsibilities herein, and the APPEAL IS DISMISSED.
GLASGAL COMMUNICATIONS, INC.
                    COMPUTATION OF EARNINGS (LOSS) PER SHARE
                            FOR THE SIX MONTHS ENDED
                      (IN THOUSANDS, EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>


                                                   October 31,1997                  October 31, 1996
                                                   ---------------                  ----------------


Earnings (loss) per share



<S>                                                  <C>                                 <C>     
Income (loss) from continuing                        $       59                          $  3,052
operations

Discontinued operations                                      --                           (1,627)
                                                      ---------                         ---------



Net income                                           $       59                          $  1,425
                                                      ---------                           -------



Weighted average number of shares                        27,096                            23,420
  outstanding



Assumed issuances under exercise of                       1,972                             2,325
                                                      ---------                           -------
stock options and warrants



Weighted average and common stock                        29,068                            25,745
                                                      ---------                           -------
  equivalents



Income (loss) from continuing                              0.00                             $0.12
operations

Discontinued operations per share                          0.00                            (0.06)



Net income (loss) per share                          $     0.00                          $   0.06
</TABLE>
<PAGE>

                      SECURITIES AND EXCHANGE COMMISSION

                            Washington, D.C.  20549

                                   FORM 8-K

                                CURRENT REPORT

    Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

       Date of Report (Date of earliest event reported) January 10, 2001

                                DATA RACE, INC.
            (Exact name of registrant as specified in its charter)

           TEXAS                       0-20706                    74-2272363
(State or other jurisdiction        (Commission                 (IRS Employer
     of incorporation)              File Number)             Identification No.)

              6509 Windcrest Drive, Suite 120, Plano, Texas 75024
           (Address of principal executive offices)      (Zip Code)

       Registrant's telephone number, including area code (972) 265-4000
<PAGE>

ITEM 4.   CHANGES IN REGISTRANT'S CERTIFYING ACCOUNTANT.

     On January 10, 2001, Data Race, Inc. d/b/a IP AXESS (the "Company")
appointed and engaged Deloitte & Touche LLP ("Deloitte") as the Company's
principal independent public accountant. The Company has not directly or
indirectly during its two most recent fiscal years or during the subsequent
interim period prior to appointing Deloitte consulted Deloitte regarding (a)
either the application of accounting principles to a specified transaction,
either completed or proposed, or the type of audit opinion that might be
rendered on the Company's financial statements, or (b) any matter that was
either the subject of a disagreement with the Company's prior principal
independent accountant, KPMG LLP, or a reportable event.

ITEM 7.   FINANCIAL STATEMENTS AND EXHIBITS.

     (c)  Exhibits:

          (99.1)
<PAGE>

                                  SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.

                                    DATA RACE, INC.


Date:  January 12, 2001             By:   /s/ James G. Scogin
                                       -----------------------------------------
                                       James G. Scogin, Senior Vice President-
                                       Finance, Chief Financial Officer and
                                       Secretary
<PAGE>

                                 EXHIBIT INDEX

Exhibit No.         Description
-----------         --------------
 (99.1)             Press Release dated January 10, 2001.
#### AYARES FINANCE CO. v. TOBY.

Supreme Court of Florida.

January Term 1954.

Certiorari denied without opinion.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-2295

MILTON L. YOUMANS,

Plaintiff - Appellant,

versus

MANNA INCORPORATED, of the Low Country, d/b/a

Wendys Restaurant,

Defendant - Appellee.

Appeal from the United States District Court for the District of

South Carolina, at Charleston. David C. Norton, District Judge.

(CA-97-2608-2-18AJ)

Submitted: November 5, 1998 Decided: November 18, 1998

Before ERVIN, LUTTIG, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Milton L. Youmans, Appellant Pro Se. George Trenholm Walker, Sean

Kevin Trundy, PRATT-THOMAS, PEARCE, EPTING & WALKER, P.A., Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Milton L. Youmans appeals the district court’s order granting

the Defendant’s motion for summary judgment in Youmans’ Title VII

action alleging racial and gender discrimination. We have reviewed

the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error.

Accordingly, we affirm on the reasoning of the district court.

Youmans v. Manna Inc., No. CA-97-2608-2-18AJ (D.S.C. July 16,

1998). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED
Having considered appellant's brief, appellant's pro se appeal

statement, the record on appeal, and appellant's appendix, we conclude that the district court abused its discretion in awarding the maternal grandmother custody of the two children. See Wallace v. Wallace, 112 Nev. 1015, 1019, 922 P.2d 541, 543 (1996) (providing that this court reviews a child custody decision for an abuse of discretion). First, the district court could not award custody to her because she never moved to intervene in the action, and thus, she was not a party to the action. See Young v. Nev. Title Co., 103 Nev. 436, 442, 744 P.2d 902, 905 (1987) (providing that "[a] court does not have jurisdiction to enter judgment for or against one who is not a party to the action"); Landry v. Nauls, 831 S.W.2d 603, 605-06 (Tex. App. 1992) (explaining that a court cannot award custody to a nonparent unless that nonparent has brought an action for custody or has sought to intervene in the custody action). Second, the district court violated appellant's procedural due process rights by awarding custody to the maternal grandmother when appellant had no notice that the grandmother was going to testify at the hearing or was going to be considered as a custodial placement option, and when appellant did not have an opportunity to present evidence concerning whether placement with the grandmother was in the children's best interest. See Gonzales-Alpizar v. Griffith, 130 Nev., Adv. Op. 2, 317 P.3d 820, 827 (2014) (providing that due process requires reasonable notice and an opportunity to present objections).

Lastly, the district court did not make specific findings that awarding custody to either parent would be detrimental to the children and the award of custody to the maternal grandmother was in the children's best interest. See NRS 125.500(1) (requiring that before a court

SUPREME COURT OF NEVADA 2 (0) 1947A 

### eaSaitta

Gibbons awards custody to a nonparent, the court must find that "an award of custody to a parent would be detrimental to the child and the award to a nonparent is required to serve the best interest of the child"). Accordingly,

we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order. 2

Pickering

cc: Chief Judge, The Eighth Judicial District Court Hon. Gerald W. Hardcastle, Senior Judge Pecos Law Group Lisa Rochelle Smith Eighth District Court Clerk

2 To the extent appellant's additional arguments are not addressed by this order, we conclude they lack merit.

SUPREME COURT OF NEVADA 3 (0) 1947A 

### e
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-1780

OSCAR LEVONIA SIMPKINS,

Plaintiff - Appellant,

versus

GLEAMS HUMAN RESOURCE COMMISSION,

Defendant - Appellee,

and

JOSEPH PATTON; RONALD DAVIS,

Defendants.

Appeal from the United States District Court for the District of

South Carolina, at Anderson. William M. Catoe, Jr., Magistrate

Judge. (8:06-cv-02137-WMC)

Submitted: December 20, 2007 Decided: December 26, 2007

Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Oscar Levonia Simpkins, Appellant Pro Se. Charles Edgar McDonald,

III, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC, Greenville,

South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
*

The parties consented to the jurisdiction of the magistrate

judge pursuant to 28 U.S.C. § 636(c) (2000).

- 2 -

PER CURIAM:

Oscar Levonia Simpkins appeals the magistrate judge’s

order*

 granting Defendant’s motion for summary judgment on

Simpkins’ Title VII complaint. We have reviewed the record and

find no reversible error. Accordingly, we affirm for the reasons

stated by the magistrate judge. Simpkins v. Gleams Human Res.

Comm’n, No. 8:06-cv-02137-WMC (D.S.C. July 11, 2007). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED
#### In the Matter of the Accounting of Catherine Frigenti, as Administratrix of the Estate of Mary T. Frigenti, Deceased.

Surrogate’s Court, Kings County,

May 3, 1957.

*Smith é Bafsky*for petitioner.

*Harold W. Cohn,*special guardian.

Maximilian Moss, S.

This is a proceeding to approve the settlement of an action instituted for the wrongful death of an unmarried minor and for a determination of the rights of the father and mother to the net proceeds thereof in accordance with section 133 of the Decedent Estate Law, and for other incidental relief.

The petitioner, the mother of the infant, claims that the father is precluded from participating in the settlement since he abandoned the infant decedent and failed to support' her *81for a period of more than 10 years prior to her death. By paragraph (c) of subdivision 4 of section 133 of the Decedent Estate Law, a parent who has neglected or refused to provide for an infant child or abandoned such child is not entitled to share in the damages *(Matter of Musczak, 196*Misc. 364; *Matter of Pridell,*206 Misc. 316).

After trial and on all the evidence, the court is satisfied that the father abandoned the infant decedent, completely neglected her during her lifetime, was indifferent to her welfare, and failed to support her. The court finds that the father’s conduct constituted abandonment and neglect within the concept of the statute so as to deprive him of any part of the damages.

The settlement is approved, the father is denied participation in the recovery, and the petitioner mother is entitled to the entire net proceeds. All other items of relief prayed for are granted. The fees allowed to the attorneys are for all services including the preparation and filing of the decree and distribution thereunder. Settle decree on notice.
imci_ex1032.htm



Exhibit 10.1


 


Amerisource Funding, Inc.


7225 Langtry St.


Houston, TX 77040


713-863-8300 / (800) US MONEY


713-460-1364 FAX


www.amerisourcefunding.com


 



	FAX	 	 
	 	 	 
	Date:	4/15/14	Pages: 2
	 	 	 
	To: 	James Villa	 
	 	Infinite Group, Inc. (“IGI”)	 
	 	Phone: 585-385-0610 	Fax: 585-385-0614
	 	 	 
	From: 	D. Michael Monk	 
	 	Phone: 713-863-8300	Fax: 713-460-1369
	 	 	 
	Subject:	Account Modification





 


Please find below the approved modifications to IGI’s account. Upon our receipt of your acceptance, these revisions will become effective immediately on all future advances made to IGI.


 


Revised Client Terms:


 



	 	Advance Rate:	Increased to 85.000%
	 	 	 
	 	Discount/Fee:	Reduced to flat 0.466% per invoice, based on continued average pay days of 40 days or less.  May be adjusted annually on a prorated basis if future average pay days slows to more than 40 days, but only as to new accounts purchased thereafter.
	 	 	 
	 	Interest rate:	Prime + 4.000% per annum, charged monthly in arrears against the average daily outstanding balance of funds advanced.  Prime Rate shall be as published and updated from time to time in the Wall Street Journal, with no floor on the Prime Rate.
	 	 	 
	 	Minimum Usage Fee:	0.032% per month (0.384% per annum) multiplied by the difference between $1,500,000 and the total accounts purchased during such month, calculated and charged monthly in arrears.
	 	 	 
	 	Contract Term:	Extension of existing maturity date to October 5, 2015.  IGI may terminate the Agreement by giving at least thirty (30) days written notice prior to each annual maturity date.  Otherwise, the term will automatically renew for an additional twelve months.
	 	 	 
	 	Financing:	Total aggregate line of credit available is $2,000,000, with a sub-limit of $1,500,000 for Hewlett Packard.
	 	 	 
	 	Program Access Fee:	None.
	 	 	 
	 	Enrollment Fee:	None.





 


Of course, you will continue to receive the same flexible and reliable funding and award-winning customer service.  And, as always, there are no financial covenants, field audit requirements, legal documentation fees, closing or commitment fees – Amerisource has none of these.


 


We greatly value you as a customer and are committed to providing a program that meets your needs and truly gives you the Freedom to Grow.  We are appreciative of the dependable and professional relationship you have provided to us thus far, and we are grateful for the opportunity to serve your company.  We hope and trust that these revisions will work to satisfy your business needs.  Acknowledge and return via fax to (713) 460-1369.  Upon receipt, the modifications will take effect immediately on all future advances.


 


Please do not hesitate to contact me directly if I can ever be of service.


 


Sincerely,


 


/s/ D. Michael Monk


 


D. Michael Monk


Managing Director


 


Acknowledged and Accepted:


 


INFINITE GROUP, INC.


 


/s/ James Villa


 


Name: James Villa          


Title:  President             


4/18/2014
**Exhibit 24.1****POWER OF ATTORNEY****KNOW ALL MEN BY THESE PRESENTS:**That each person whose signature appears below, as a Director or Officer of Bakers Footwear Group,Inc. (the “Company”), a Missouri corporation, with its principle offices at 2815 Scott Avenue, St.Louis, Missouri 63103, does hereby make, constitute and appoint PETER A. EDISON or LAWRENCE L.SPANLEY, JR., or either one of them acting alone, his or her true and lawful attorneys, with fullpower of substitution and resubstitution, in his or her name, place and stead, in any and allcapacities, to execute and sign the Company’s Annual Report on Form 10-K, for fiscal year endedFebruary 3, 2007, and any and all amendments thereto, and documents in connection therewith, to befiled with the Securities and Exchange Commission under the Securities Act of 1933, as amended, orthe Securities Exchange Act of 1934, as amended, giving and granting unto said attorneys full powerand authority to do and perform such actions as fully as they might have done or could do ifpersonally present and executing any of said documents.Dated andeffective as of the 19 of April 2007.   **Signature** **Title**      /s/ Peter A. Edison
**Exhibit 32.2****CERTIFICATION**I, Juan J. Román, Vice President of Finance and Chief Financial Officer of Triple-S ManagementCorporation (the Corporation), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,18 U.S.C. Section 1350, that:1. The Annual Report on Form 10-K of the Corporation for the annual period ended December 31,2007 (the Report) fully complies with the requirements of Section 13(a) of the Securities andExchange Act of 1934 (15 U.S.C. 78m) and;2. The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Corporation.        Date: March 11, 2008 By:  /s/Juan J. Román   Juan J. Román
<PAGE>


                                                               EXHIBIT 15.2

           AWARENESS LETTER--UNAUDITED INTERIM FINANCIAL INFORMATION

Cross Timbers Oil Company
Fort Worth, Texas

   We are aware that our reports dated April 26, 2000 and July 21, 2000, which
were included in the Cross Timbers Oil Company's Quarterly Reports on Form 10-Q
for the quarters ended March 31, 2000 and June 30, 2000, are being incorporated
by reference in this Registration Statement on Form S-3.

   We also are aware that the aforementioned reports, pursuant to Regulation C
under the Securities Act of 1933, are not considered a part of the Registration
Statement prepared or certified by our firm within the meaning of Sections 7
and 11 of that Act.

ARTHUR ANDERSEN LLP

Fort Worth, Texas

October 5, 2000