alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Third Amendment to Purchase and Sale Agreement with Joint Escrow Instructions



 Exhibit 10.51 
  
 THIRD AMENDMENT TO PURCHASE AND SALE 
 AGREEMENT WITH JOINT ESCROW INSTRUCTIONS 
  
 This THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT WITH JOINT ESCROW INSTRUCTIONS (the “Amendment”) is made as of August 22, 2003 by and between UNIFIED WESTERN GROCERS, INC., a California corporation (the
“Seller”), and THE ALAMO GROUP, INC., a California corporation (the “Buyer”), who agree as follows: 
  
 1. Recitals. This Amendment is made with reference to the following facts and circumstances: 
  
 (a) The Seller and the Buyer are parties to a Purchase and Sale Agreement With Joint Escrow Instructions made as of June 19,
2003, an Addendum to Purchase and Sale Agreement With Joint Escrow Instructions made as of June 25, 2003, a First Amendment to Purchase and Sale Agreement With Joint Escrow Instructions made as of July 31, 2003, and a Second Amendment to Purchase
and Sale Agreement With Joint Escrow Instructions made as of August 15, 2003 (collectively, the “Agreement”). 
  
 (b) The Seller and the Buyer desire to amend the Agreement to extend the “Cancellation Period” (as defined in the Agreement) during which the
Buyer may elect to cancel all or a portion of the transaction and during which the Seller may elect to sell some or all of the Category B Locations (as defined in the Agreement) to a third party. 
  
 2. Amendment. The first sentence of Section 7.1 of the Agreement is amended to read as
follows: 
  
 Buyer will have the option, in its
sole discretion, to cancel the transaction contemplated hereby and terminate this Agreement as to all (but not less than all) of the Category A Locations and/or all (but not less than all) of the Category B Locations by the giving of written notice
of cancellation at any time following the opening of the Escrow and on or before August 29, 2003 (the “Cancellation Period”). 
  
 3. Agreement Remains in Effect. Except as amended by this Amendment, the Agreement remains unmodified and in full force and effect. 
  
 The parties have caused this Amendment to be duly executed by their
respective duly authorized officers or agents as of the date first set forth above. 
  

	 UNIFIED WESTERN GROCERS, INC.,
 a California corporation
	 	 	 	 THE ALAMO GROUP, INC.,
 a
California corporation

					
	 By:
	 	 /s/    ROBERT M. LING,
JR.        

	 	 	 	By:	 	 /s/    DONALD F.
GAUBE        


	 	 	Robert M. Ling, Jr., Executive Vice	 	 	 	 	 	Donald F. Gaube, President
	 	 	President and Corporate Secretary	 	 	 	 	 	 
					
	 By:
	 	 /s/    GARY C.
HAMMETT        

	 	 	 	By:	 	  


	 	 	Gary C. Hammett	 	 	 	 	 	 
	 	 	Vice President - Real Estate	 	 	 	                                      
                      , Secretary
	 	 	 	 	 	 	 	 	        (Print Name)
583 A.2d 301

#### IN THE MATTER OF THE ESTATE OF OLIVE E. MORI, DECEASED.

January 10, 1990.

Petition for certification denied.
<PAGE>

                                                                     EXHIBIT 4.5

                                AMENDMENT NO. 4
                                     TO THE
                         NCI 401(k) PROFIT SHARING PLAN

         THIS AMENDMENT NO. 4, executed this 3rd day of December, 2003, and
effective as of January 1, 2001, by NCI Building Systems, Inc., having its
principal office in Houston, Texas (hereinafter referred to as the "Company").

                              W I T N E S S E T H:

         WHEREAS, the Company amended and restated the NCI 401(k) Profit Sharing
Plan (the "Plan") effective generally as of January 1, 2001 to, among other
things, incorporate various changes to the Internal Revenue Code of 1986, as
amended applicable to the Plan; and

         WHEREAS, the Company subsequently amended the Plan in various respects;
and

         WHEREAS, the Internal Revenue Service has requested that the Plan be
amended further as set forth herein in connection with a determination letter
application;

         NOW, THEREFORE, in consideration of the premises and the covenants
herein contained, the Company hereby adopts the following Amendment No. 4 to the
Plan:

                  1.       The definition of "ELIGIBLE EMPLOYEE" in Section 1.1
of the Plan hereby is amended by restatement in its entirety to read as follows:

         An "ELIGIBLE EMPLOYEE" means any Employee, other than a Leased
         Employee, who has met the eligibility requirements of Article III to
         participate in the Plan.

                  2.       The definition of "EMPLOYEE" in Section 1.1 of the
  Plan hereby is amended by restatement in its entirety to read as follows:

         An "EMPLOYEE" means any person who is classified by an Employer, in
         accordance with its payroll records, as an employee of the Employer,
         other than any such person who is (i) covered by a collective
         bargaining agreement that does not specifically provide for coverage
         under the Plan, or (ii) a nonresident alien who does not receive United
         States source income. Any individual who is not treated by an Employer
         as a common law employee of the Employer shall be excluded from Plan
         participation even if a court or administrative agency determines that
         such individual is a common law employee and not an independent
         contractor.

<PAGE>

         IN WITNESS WHEREOF, the Company, acting by and through its duly
authorized officers, has caused this Amendment No. 4 to be executed as of the
day and year first above written.

                                             NCI BUILDING SYSTEMS, INC.

                                             By: /s/ Donnie R. Humphries
                                                 -------------------------------
                                                 Donnie R. Humphries, Secretary
News United States Air Force
 Around the Air Force: Reproductive Health Care, Aid for Ukraine, Powering PossibilityPublished Oct. 28, 2022
                        
                        By Tech. Sgt. Britt Crolley
                        
                        
                        Air Force TV
                **FORT GEORGE G. MEADE, Md. (AFNS) --**
                In this week’s look around the Air Force, a new Defense Department memo provides reproductive health care help for service members and their families, U.S. Transportation Command delivers aid for Ukraine, and the Air Force has a three-year plan for energy. (Hosted by Tech. Sgt. Eric Mann)





For previous episodes, click **here** for the Air Force TV page.
Related links:**- DAF senior leaders amplify SecDef directives for reproductive health care****- Van Ovost says TRANSCOM effectively delivering security assistance to Ukraine****- AFMC exemplifies ‘Powering Possibility’**SecDEF 



SecAF 



USecAF 



Air Force Medical Services 



reproductive health care 



U.S. Transportation Command 



logistics 



Ukraine 



Air Force Materiel Command 



Powering Possibility
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). LA / R es ear ch NOT F OR P UB L I CAT I ON

UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T ALBE RT O G ON ZALE Z R OSALEZ ; M A R T H A A L I C I A B A C I L I O ; e t a l., P et i t i o n ers, v. E R I C H . H O L D E R J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 07- 70760 A ge nc yN os . A 095- 177- 575

A 095- 177- 576 A 078- 112- 622 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

a n O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d D e c e m be r15, 2009 ** B efo re: G O O D W IN , W A L L A C E , an dC L IF T O N , C i rcu i tJu d g es. A l bert o G on za l ez R osal ez , M artha A l i ci a B ac i l i o, and thei r c hi l d, nat i ves an dci t i zen s o f M ex i co , p et i t i o n fo r rev i ew o f th e B o ardo f Im m i g rat i o n A p p eal s’ (“ B IA ”) order denyi ng thei r m ot i on t o rem and. W e have j uri sdi ct i on un der 8 

# FI LED DE C 22 2009 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALSL A/ Res ea r ch 07- 70760 2 U . S . C . § 1252. W e r e vi e w f orabus e of

di s c r e t i on the de ni a l of am ot i on t o r e m and a n dr e v ie w d e n o v o du e p r o c e s s c la im s a lle g in g in e f f e c tiv e a s s is tan c e o f

c o u n s e l. Moh am m ed v. G on zales , 40 0 F . 3d 78 5, 79 1-92 (9th C i r. 20 05 ). W e deny i n p art a n dd i s m i s s i n p artth e p e t i t i o n f o rr e v i e w. W e a gr e e w i th the B I A tha tthe pe t i t i one r s f a i l e d t o de m ons tr a t e i ne f f e c t i ve a s s is tan c e o f

c o u n s e l. Se e L in v . A s h c r o ft , 3 7 7 F .3 d1 0 1 4 , 1 0 2 7 ( 9 th C ir . 2 0 0 4 ) . In the m ot i on t o rem and, pet i t i on er s pre se nt ed evi dence thatM artha had g iv e n b irth to tw in s , b u t d idn o t c la im th a t th e n e w c h ildr e n w o u lds u f f e rh ar d s h ip . Th e r e ma i n i n g e v i d e n c e p r e s e n t e dw i th th e mo t i o n t o r e o p e n c o n c e rn e dth e s a me b a s ic h a r d s h ip g r o u n d s a s th e irap p lic a tio n f o rc an c e lla tio n o f

r e m o v a l. W e the r e f or e l a c k j ur i s di c t i on t o r e vi e w the B I A ’ s di s c r e t i ona ryde t e rm i na t i on tha tthe evi dence w ou l d n otal t eri t s pri or di sc re t i on ary det erm i nat i on thatpet i t i on er s f ai l ed t o e s t abl i s h the r e qui s i t e har ds hi p. See Ferna ndezv. G on zales , 439 F . 3d 592, 600 ( 9 th C ir . 2 0 0 6 ) . P E T IT IO N F O R R E V IE W D E N IE D i n p art; D IS M IS S E D i n p art .
News United States Air Force
 Kadena squadrons relocate to Guam for trainingPublished June 23, 2014
                        
                        By Senior Airman Maeson L. Elleman
                        
                        
                        18th Wing Public Affairs
                **KADENA AIR BASE, Japan (AFNS) --**
                Service members, aircraft and equipment from the 44th Fighter Squadron, 909th Air Refueling Squadron and 961st Airborne Air Control Squadron temporarily repositioned to Andersen Air Force Base, Guam, June 18, as part of an aviation training relocation mission.The ATR is designed to promote integration among Pacific Air Forces units in the region, provide off-station training opportunities for the Kadena Air Base units, and strengthen the Air Force's ability to respond to a potential threat in the region."We probably go on an ATR two to three times a year," said Maj. Brett Faber, the 44th Fighter Squadron assistant director of operations. "Sometimes that's coupled with exercises, and sometimes it's just a training relocation. In this case, it's just a training relocation."Faber said the ATR will allow the Kadena AB units to integrate with the 36th Wing and the 69th Expeditionary Bomb Squadron as they perform different mission sets with the B-52 Stratofortress.Faber said the training emulates a standard component of the Air Force's warfighting posture: fighting from a deployed location."The benefit we have of going to Andersen Air Force Base is that we're working essentially from a deployed environment,” he said. “We don't have all of the operational tools available back home as well as the maintenance tools back home," he said. "Additionally, we have the opportunity to integrate with the B-52s that are out there, as opposed to not having any dissimilar assets around here."Capt. Scott Skibitsky, the 909th Air Refueling Squadron chief of flight scheduling, said though the majority of aircraft participating in the ATR are F-15 Eagles from the 44th FS, the 909th ARS and 961st AACS will also see major advantages."It increases our readiness and ability to respond to anything in the region," he said. "Anytime we're out doing this, it increases our ability to operate from any location. That's one of the major benefits of the ATR."One of the greatest benefits for the local Okinawan community comes from the lessened noise impact to areas surrounding the base."There are a lot of fighter operations here, and they do make a lot of noise," Skibitsky said. "Having that many fighters off station, it'll make it a little quieter around here. We're less intrusive this way."The units intend to return in mid-July. Though the training isn't relatively long, it provides a solid testament that the Air Force is trained and ready to project effective airpower anywhere on the globe.F-15 Eagle 



Andersen Air Force Base 



Guam 



 



Kadena Air Base
Exhibit 32.2
 Certification by the Chief Financial Officer
Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906
of the Sarbanes-Oxley Act of 2002
  1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. Section 78m(a) or Section 78o(d)); and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
  Date: June 25, 2008
    /s/ Theodore AbajianTheodore AbajianExecutive Vice President and Chief Financial Officer
OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

G-cA-- 

Miss Hazel B. Beckham 

executive Secretarg-DLrector 

State Commlsslan for the Blind 

Aaatln, Texas 

Deer-t 

of this depsrtmentugont 

less t&n the 

l4tllm for 4 8 

T&q &.&al z-ider appended to &mate Bill 427, Acts 

of the Forty-S&&h Leglslatme, the Departmental Approprlstlcm 

Eull, provides In part aa follwar 

~I 

" * * * Frovlded, hwaver, that nothlng 

herein shall prevent any department head from 
paying less than the maximum axnomt set forth 

hereFn for any salaried position." 

This is specific authority to the various department heads to pay partluular employees less than the maximum amount itemized for the particular salaried position. 

An eseeutfal function of an appropriatlcm is to 

set apart a oertain sum of money to be used for a aertain 

purpose and for no other purpose. It follows that the salary 

sppropriated for one purpose~mag not be used for another 

puypose In the absence of exprem authorlty from the Leglslature so to do. There Is no author*ltg caaferred upon the 

department heads by the Leglalature in &U%t8 Bill 427 to 

transfer approprlaticma, consequently any saving effected 

in payfng less t&an the m3ximum amowt of salary appropriated 

for a particular position may not be transferred to auother 

appropMation or used for another purpose than that for 

which it vas appropriated. see ow ophni~nr I?O. 0-3068, COPY, 

of which is enclosed herewith. 

It was held in our opinion Ho. O-1006 that 8 8alaPy 

item Usted $n Senate Bill 427, Acts of the Foptg-Sixth Legislature, cannot be broken down into cozupcment parts and oonve&ed into an appropriation fos part-time or half-tine muploylwlt. A copy of thle oplnloa La enclosed herewith. 

Slnae 'Ye find no ex@reas authmlty conferred upon the~Oommlssion far the Blind by Senate Bill 427 to break dam a salary 

Item listed for a partioular position and use a portion of 

such item of appropriation for part-time or half-time entployment, you are 8dvieed that any ssvlngs effected by paying 

.$ess thtm the maxImum amount itepclzed for a particular posltion cannot be used by your department to pay a part-time 

employee for like work. 

Yours very truly 

ATTORMEY OEUERAL OF 'l'~xA.8 

R. W. Falrchlld 

Assistant 

RWF:ej 

Encls.
<PAGE>

                                                                   Exhibit 10.21

           SECOND AMENDMENT TO SERIES A SUBORDINATED CONVERTIBLE NOTE

         THIS SECOND AMENDMENT TO SERIES A SUBORDINATED CONVERTIBLE NOTE
("Amendment") is made this 25th day of March 2003, by and between SpaceDev,
Inc., a Colorado corporation (the "Company") and Emery E. Skarupa (the
"Holder").

                                     PREFACE

         WHEREAS, Holder invested in those certain Series A Subordinated
Convertible Notes of the Company pursuant to a Note Purchase Agreement and
Series A Subordinated Convertible Note (the "Note") dated October 29, 2002 in
the principal amount of Fifty Thousand Dollars ($50,000.00); and

         WHEREAS, Holder and the Company desire the extend the repayment period
of the Note by an additional six (6) months as provided in this Amendment;

         NOW THEREFORE, the Note is amended as provided in this Amendment.

                                    ARTICLE I

         Section 1.1 of the Note is stricken in its entirety and amended to read
as follows:

         "1.1 PAYMENT. Subject to the provisions of Section 2 hereof relating to
the conversion of this Note, principal and accrued interest hereof shall be
payable on the twelve-month anniversary hereof (the "MATURITY DATE").

         Payments hereunder shall be made by the Company to the Holder, at the
address as provided to the Company by the Holder in writing, in lawful money of
the United States of America. Interest shall accrue with respect to the unpaid
principal amount of the loan from the date of this Note until such principal is
paid or converted as provided in Section 2 hereof at a rate of 2.03% per annum
(computed on the basis of a 365-day year)."

                                   ARTICLE II

         This Amendment to the Note may be executed in any number of
counterparts, each of which, when taken together, shall be deemed the fully
executed agreement between the parties.

         IN WITNESS WHEREOF, the parties have executed this Amendment effective
March 25, 2003.

HOLDER                               THE COMPANY

/s/ Emery E. Skarupa                 By: /s/ James W. Benson
-----------------------------        -------------------------------------------
Emery E. Skarupa                     James W. Benson, Chief Executive Officer


                                     By:  /s/ Richard B. Slansky
                                         ---------------------------------------
                                     Richard B. Slansky, Chief Financial Officer
<PAGE>


                                                                    Exhibit 3.02

                          ARTICLES OF AMENDMENT TO THE
                 AMENDED AND RESTATED ARTICLES OF INCORPORATION
                                       OF
                         CHOICETEL COMMUNICATIONS, INC.

          The undersigned, the duly elected Secretary of ChoiceTel
Communications, Inc., a Minnesota corporation (the "Corporation"), hereby
certifies that the following resolutions were duly adopted by the Board of
Directors of the Corporation on May 14, 2002, and by the Shareholders of the
Corporation on June 20, 2002, pursuant to the Minnesota Business Corporations
Act, Chapter 302A, Minnesota Statutes, and the Amended and Restated Articles of
Incorporation of the Corporation:

     RESOLVED, that Article 1 of the Amended and Restated Articles of
     Incorporation of the Corporation is hereby amended in its entirety to read
     as follows:

                                "ARTICLE 1. NAME

               The name of the corporation is Sontra Medical Corporation."

     RESOLVED FURTHER, that the first sentence of Article 3 of the Amended and
     Restated Articles of Incorporation of the Corporation is hereby amended to
     read as follows:

               "The total number of shares of capital stock which the
          corporation is authorized to issue shall be 25,000,000 shares,
          consisting of 20,000,000 shares of common stock, par value $.01 per
          share ("Common Stock") and 5,000,000 shares of undesignated preferred
          stock, par value $.01 per share ("Preferred Stock")."

     RESOLVED FURTHER, that the officers of the Corporation, or any one of them,
     are hereby authorized and directed to prepare, execute and file with the
     Minnesota Secretary of State Articles of Amendment to the Amended and
     Restated Articles of Incorporation to give effect to the foregoing
     amendments.

          IN WITNESS WHEREOF, the undersigned has subscribed his name on this
20th day of June, 2002.

                                                  /s/ Jack S. Kohler
                                                  --------------------
                                                   Jack S. Kohler
                                                   Secretary
EX-33.8
(logo) WELLS FARGO

Wells Fargo Bank, N.A.
Document Custody
1015 10th Avenue Southeast
Minneapolis, MN 55414


ASSESSMENT OF COMPLIANCE WITH APPLICABLE SERVICING CRITERIA

The Document Custody Section of the Corporate Trust Services division of Wells
Fargo Bank, National Association (the "Company") is responsible for assessing
compliance with the servicing criteria set forth in Item 1122(d) of Regulation
AB promulgated by the Securities and Exchange Commission. The Company has
determined that the servicing criteria are applicable in regards to the
servicing platform as of and for the period as follows:

Platform: Publicly-issued (i.e., transaction-level reporting required under the
Securities Exchange Act of 1934, as amended) residential mortgage-backed
securities and commercial mortgage-backed securities issued on or after January
1, 2006 for which the Company provides document custody services, excluding any
such securities issued by any agency or instrumentality of the U.S. government
(other than the Federal Deposit Insurance Company) or any government sponsored
entity (the "Platform").

Applicable Servicing Criteria: The servicing criteria set forth in Item
1122(d)(1)(iv), 1122(d)(4)(i) and 1122(d)(4)(ii), in regard to the activities
performed by the Company with respect to the Platform (the "Applicable
Servicing Criteria"). Management of the Company has determined that all other
servicing criteria set forth in Item 1122(d) are not applicable to the
Platform.

Period: As of and for the twelve months ended December 31, 2011 (the "Period").

With respect to the Platform and the Period, the Company provides the following
assessment of compliance with respect to the Applicable Servicing Criteria:

1. The Company is responsible for assessing its compliance with the Applicable
Servicing Criteria.

2. The Company has assessed compliance with the Applicable Servicing Criteria.
In performing this assessment, management used the criteria set forth by the
Securities and Exchange Commission in paragraph (d) of Item 1122 of Regulation
AB.

3. Based on such assessment for the Period, the Company has complied, in all
material respects with the Applicable Servicing Criteria.

KPMG LLP, an independent registered public accounting firm, has issued an
attestation report with respect to the Company's assessment of compliance for
the Period.


WELLS FARGO BANK, NATIONAL ASSOCIATION

By: /s/ Shari Gillund
    Shari Gillund

Its: Senior Vice President

Dated: February 23, 2012
News United States Air Force
 Around the Air Force: March 29Published March 29, 2016
                        
                        By Air Force TV
                
                **FORT GEORGE G. MEADE, Md. (AFNS)** -- This look around the Air Force features Air Fest in Florida, female missileers and a JASDF NCO exchange at Yokota Air Base. Hosted by Senior Airman Nicholas Koetz.
For previous episodes, click here for the Air Force TV page.
Related links:
- Air Fest
- Missileers
- NCO exchangeFlorida 



B-52 



JASDF 



F-22 



missileers 



air show 



pilots 



Yokota Air Base 



MacDill Air Force Base 



Air Fest 



ATAF