alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Filed by Bowne Pure Compliance




Exhibit 10.1

FIRST AMENDMENT TO THE




AMENDED AND RESTATED

SECURED PROMISSORY NOTE




Reference is made to the Secured Promissory Note dated January 19, 1999, in the original
principal amount of $225,000, by Barry S. Major, the “Borrower”, payable to NBC Acquisition Corp.,
the “Payee” (the “Original Note”), as amended by the Amended and Restated Secured Promissory Note,
Restated Date July 9, 2002 (the “Restated Note”). For good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Original Note, as amended by the Restated
Note, is hereby further amended as follows:



1. Due Date. The due date of the unpaid balance of principal and accrued interest is
extended from January 19, 2009 to January 19, 2011. The reference in the Original Note and the
Restated Note to “January 19, 2009” is hereby amended to read “January 19, 2011.”



2. Principal Balance. By acceptance of this First Amendment, Payee acknowledges that
after the application of all payments received from Borrower on or before the date of execution
below, the outstanding principal balance is $91,474.67, and that all accrued interest has been paid
through and including December 31, 2008.



3. Ratification. Except as expressly amended herein, Borrower and Payee ratify and
approve all the terms and provisions of the Original Note, as amended by the Restated Note. The
indebtedness evidenced by the Original Note, as amended by the Restated Note, is a continuing
indebtedness and nothing contained herein shall be deemed to constitute payment, settlement or a
novation of the Original Note, as amended by the Restated Note.



NOTICE




A Credit Agreement must be in writing to be enforceable under Nebraska law. To protect
Borrower and Payee from any misunderstandings or disappointments, any contract, promise,
undertaking, or offer to forebear repayment of money or to make any other financial accommodations
in connection with this loan of money or grant or extension of credit, or any amendment of,
cancellation of, waiver of, or substitution for any or all of the terms or provisions of any
instrument or document executed in connection with this loan of money or grant or extension of
credit, must be in writing to be effective. This notice is not intended to modify or amend the
choice of law provisions of the Original Note, as amended by the Restated Note.



This Notice is given in connection with the First Amendment to the Amended and Restated
Secured Promissory Note by the undersigned Borrower, who acknowledges receipt of a copy of this
Notice.



Date of Execution: December 31, 2008




	 	 	 	 	 
	WITNESS:	 	Borrower
	 
	 	 	 	 
	/s/ Mary Lockard	 	/s/ Barry S. Major
	 	 	 
	 	 	Barry S. Major
	 
	 	 	 	 
	Agreed and Accepted:	 	Payee: NBC Acquisition Corp.
	 
	 	 	 	 
	 

	 	By:
	 	/s/ Mark W. Oppegard
	 

	 	 	 	 
	 	 	Its Chief Executive Officer
#### Eric John GALLENTINE, Appellant, v. STATE of Florida, Appellee.

No. 2D10-1869.

District Court of Appeal of Florida, Second District.

March 4, 2011.

James Marion Moorman, Public Defender, and Wendy DePaul, Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Eric John Gallentine raises two points on appeal from multiple convictions. We affirm without discussion his claim that the trial court erred in denying his motion to suppress. But we agree that the trial court erred by imposing a three-year mandatory minimum sentence under section 775.087(2)(a)(l)(r), Florida Statutes (2008), for possession of a firearm by a convicted felon. The evidence failed to show that Gallentine carried the firearm on his person. *See, e.g., Williams v. State,*997 So.2d 486 (Fla. 2d DCA 2008); *Washington v. State,*876 So.2d 1242 (Fla. 2d DCA 2004); *Johnson v. State,*855 So.2d 218 (Fla. 5th DCA 2003); *see also State v. Mulus,*970 So.2d 349 (Fla. 3d DCA 2007) (reversing mandatory minimum term when firearm was discovered in defendant’s car during a traffic stop but not actually carried on his person; certifying question of great public importance whether carrying on the person is sole method for imposing mandatory minimum sentence); *review denied,*979 So.2d 220 (Fla.2008).

Convictions affirmed; three-year mandatory minimum sentence reversed.

KHOUZAM and MORRIS, JJ., Concur.
<PAGE>

                                                                    EXHIBIT 10.5


                          WAIVER AND CONSENT AGREEMENT

THIS WAIVER AND CONSENT AGREEMENT ("this Agreement), effective as of June 30,
2001, but executed on November 13, 2001, is entered into by BOYD BROS.
TRANSPORTATION, INC., a Delaware corporation (the "Borrower"), and AMSOUTH
BANK, an Alabama banking corporation (the "Lender").

                                    RECITALS

     A.  The Borrower and the Lender have entered into a Credit Agreement dates
as of May 1, 2001, as amended (the "Credit Agreement")

     B.  The Borrower has requested that the Lender enter into this Agreement
in order to grant certain consents and waivers with respect to the Credit
Agreement as hereinafter described.

                                   AGREEMENT

     NOW, THEREFORE, in consideration of the foregoing recitals and of the
mutual agreements of the parties hereto:

     1.     The parties agree that capitalized terms used in this Agreement
and not otherwise defined have the respective meanings attributed thereto in
the Credit Agreement.

     2.     The Lender consents to and waives the failure of the Borrower to:

            (a) DEBT SERVICE COVERAGE RATIO. Not permit its ratio of EBITDA
     plus the Net Gain from the sale of rolling stock to Interest Expense and
     Principal Maturities measured as of the end of each June 30 and December 31
     of each year for the previous four fiscal quarters to be less than 1.25
     to 1.0.

     3.     The Borrower hereby represents and warrants that all representations
and warranties contained in the Credit Agreement are true and correct as of the
date hereof (except representations and warranties that are expressly limited to
an earlier date); and the Borrower certifies that except for those matters
waived or consented to herein, no Event of Default nor any event that, upon
notice or lapse of time or both, would constitute an Event of Default, has
occurred and is continuing.

     4.     Nothing contained herein shall be construed as a waiver,
acknowledgement or consent to any breach or Event of Default of the Credit
Agreement and the Credit Documents not specifically mentioned herein, and the
consents granted herein are effective only in the specific instance and for the
purposes which given.


<PAGE>

     5.     This Agreement shall be governed by the laws of the State of
Alabama.

     IN WITNESS WHEREOF, each of the Borrower and the Lender has caused
this Agreement to be executed by its duly authorized officer as of the day
and year first above written.

BOYD BROS. TRANSPORTATION, INC.                       AMSOUTH BANK


By: Aubrey T. Baugh, Jr.                  By: R. Willis
   ------------------------------------       ----------------------------------


Its: Vice President Finance/              Its: Vice President
      Administration
EXHIBIT
      31.1





**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER**


**PURSUANT
      TO RULES 13A-14 AND 15D-14**


**OF
      THE SECURITIES EXCHANGE ACT OF 1934**





I,
      Edouard A. Garneau, Chief Executive Officer of Cardinal Communications, Inc.
      (the "Company"), certify that:





I
      have
      reviewed this Annual Report on Form 10-KSB/A of Cardinal Communications,
      Inc.





Based
      on
      my knowledge, this Annual Report does not contain any untrue statement of a
      material fact or omit to state a material fact necessary to make the statements
      made, in light of the circumstances under which such statements were made,
      not
      misleading with respect to the period covered by this Annual
      Report.





Based
      on
      my knowledge, the financial statements, and other financial information included
      in the report, fairly present in all material respects the financial condition,
      results of operations and cash flows of the Company as of, and for, the periods,
      presented in the report.





I
      am
      responsible for establishing and maintaining disclosure controls and procedures
      (as defined in Exchange Act Rules 13a-14 and 15d-14) for the Company and
      have:





(a)
      designed such disclosure controls and procedures, or caused such disclosure
      controls and procedures to be designed under our supervision, to ensure that
      material information relating to the Company, including its consolidated
      subsidiaries, is made known to me by others within those entities, particularly
      during the period in which the periodic report is being prepared;





(b)
      [Paragraph omitted in accordance with SEC transition instructions contained
      in
      SEC Release 34-47986]; and





(c)
      disclosed in this Annual Report any change in the Company's internal control
      over financial reporting that occurred during the Company's most recent fiscal
      quarter that has materially affected, or is reasonably likely to materially
      affect, the Company's internal control over financial reporting;
      and





I
      have
      disclosed, based on our most recent evaluation of internal control over
      financial reporting, to the Company's auditors and to the audit committee of
      the
      Board of Directors (or persons fulfilling the equivalent function):





(i)
      all
      significant deficiencies in the design or operation of internal control over
      financial reporting which are reasonably likely to adversely affect the
      Company's ability to record, process, summarize and report financial
      information; and





(ii)
      any
      fraud, whether or not material, that involves management or other employees
      who
      have a significant role in the Company's internal control over financial
      reporting.








Dated:
                December 1, 2006
              
              /s/
                Edouard A. Garneau
              ------------------------------------
              Name:
                Edouard A. Garneau
              Chief
                Executive Officer
#### STATE of Louisiana v. Vorris WHITE.

No. 2011-KK-0780.

Supreme Court of Louisiana.

May 27, 2011.

In re White, Vorris; —Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. A, No. 495-050; to the Court of Appeal, Fourth Circuit, No. 2010-K-1735.

Denied.
#### STATE of Louisiana v. Thomas LEJEUNE, Jr.

No. 2011-KK-2636.

Supreme Court of Louisiana.

Dec. 15, 2011.

In re Lejeune Jr., Thomas; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Vermilion, 15th Judicial District Court Div. C, No. 47426; to the Court of Appeal, Third Circuit, No. KW 11-01099.

Stay denied. Writ denied.
#### David J. HEEKIN, an individual, Petitioner, v. Patty HIGHSMITH, an individual, Julie Wrenn, an individual, Eleanor Ann Perry, an individual, ECAA, LLC, a foreign limited liability company, Kathy L. Anderson, an individual, and First American Title Company, Inc., a Florida corporation, Respondents.

No. 1D10-5320.

District Court of Appeal of Florida, First District.

Nov. 15, 2010.

*787Scott A. Cole of Cole, Scott & Kissane, PA., Miami; Robert E. O’Quinn, Jr., of Cole, Scott & Kissane, P.A., Jacksonville, for Petitioner.

No appearance for Respondents.

PER CURIAM.

The petition for writ of prohibition is denied on the merits. *See McGuire v. Florida Lottery,*17 So.3d 1276 (Fla. 1st DCA 2009) (order dismissing complaint with leave to amend is not final despite provision that it will become final at a future date if complaint is not amended; a separate final order must be entered).

KAHN, VAN NORTWICK, and THOMAS, JJ., concur.
EXHIBIT 31.1
                            SECTION 302 CERTIFICATION



<PAGE>


                                 CERTIFICATIONS

I, Larry Van Tol, certify that:

1. I have reviewed this annual report on Form 10K of Industrial Minerals, Inc.;

2.  Based on my  knowledge,  this  annual  report  does not  contain  any untrue
statement of a material fact or omit to state a material fact  necessary to make
the statements made, in light of the  circumstances  under which such statements
were made,  not  misleading  with  respect to the period  covered by this annual
report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included  in this annual  report,  fairly  present in all  material
respects the financial  condition,  results of operations  and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4.  The  registrant's  other  certifying  officers  and  I are  responsible  for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

         a) designed  such  disclosure  controls and  procedures  to ensure that
material  information  relating to the  registrant,  including its  consolidated
subsidiaries, is made known to us by others within those entities,  particularly
during the period in which this annual report is being prepared;

         b) evaluated the effectiveness of the registrant's  disclosure controls
and  procedures  as of a date  within 90 days prior to the  filing  date of this
annual report (the "Evaluation Date"); and

         c)  presented  in  this  annual  report  our   conclusions   about  the
effectiveness of the disclosure  controls and procedures based on our evaluation
as of the Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation,  to the registrant's auditors and the audit committee of
registrant's   board  of  directors  (or  persons   performing   the  equivalent
functions):

         a) all significant  deficiencies in the design or operation of internal
controls  which  could  adversely  affect  the  registrant's  ability to record,
process,  summarize  and  report  financial  data  and have  identified  for the
registrant's auditors any material weaknesses in internal controls; and

         b) any fraud whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and



<PAGE>


6. The  registrant's  other  certifying  officers  and I have  indicated in this
annual report whether there were significant  changes in internal controls or in
other factors that could  significantly  affect internal controls  subsequent to
the date of our most recent  evaluation,  including any corrective  actions with
regard to significant deficiencies and material weaknesses.

Date: March 16, 2005

/s/Larry Van Tol
-------------------------------------------------------------------------------
Larry Van Tol, Chief Executive Officer, President and Director
EXHIBIT 31

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       PURSUANT TO RULES 13A-14 AND 15D-14
                     OF THE SECURITIES EXCHANGE ACT OF 1934

I, Douglas O. McKinnon, Chief Executive Officer of Usurf America, Inc. (the
"Company"), certify that:

      I have reviewed this Annual Report on Form 10-KSB of Usurf America, Inc.

      Based on my knowledge, this Annual Report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this Annual
Report.

      Based on my knowledge, the financial statements, and other financial
information included in the report, fairly present in all material respects the
financial condition, results of operations and cash flows of the Company as of,
and for, the periods, presented in the report.

      I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the Company
and have:

      (a)   designed such disclosure controls and procedures, or caused such
            disclosure controls and procedures to be designed under our
            supervision, to ensure that material information relating to the
            Company, including its consolidated subsidiaries, is made known to
            me by others within those entities, particularly during the period
            in which the periodic report is being prepared;

      (b)   evaluated the effectiveness of the Company's disclosure controls and
            procedures and presented in this report our conclusions about the
            effectiveness of the disclosure controls and procedures, as of the
            end of the period covered by this Annual Report based on such
            evaluation; and

      (c)   disclosed in this Annual Report any change in the Company's internal
            control over financial reporting that occurred during the Company's
            most recent fiscal quarter that has materially affected, or is
            reasonably likely to materially affect, the Company's internal
            control over financial reporting; and

      I have disclosed, based on our most recent evaluation of internal control
over financial reporting, to the Company's auditors and to the audit committee
of the Board of Directors (or persons fulfilling the equivalent function):

      (i)   all significant deficiencies in the design or operation of internal
            control over financial reporting which are reasonably likely to
            adversely affect the Company's ability to record, process, summarize
            and report financial information; and

      (ii)  any fraud, whether or not material, that involves management or
            other employees who have a significant role in the Company's
            internal control over financial reporting.

Dated: March 31, 2005



/s/ Douglas O. McKinnon
------------------------------------
Name: Douglas O. McKinnon
Chief Executive Officer
<PAGE>
                                                                    EXHIBIT 21.1

SUBSIDIARIES of GEVITY HR, INC. as of DECEMBER 31, 2004

      Staff Leasing, LLC*
      Gevity HR, LP*
      Gevity HR II, LP*
      Gevity HR III, LP*
      Gevity HR IV, LP*
      Gevity HR V, LP*
      Gevity HR VI, LP*
      Gevity HR VII, LP*
      Gevity HR VIII, LP*
      Gevity HR IX, LP*
      Gevity HR X, LP*
      Gevity HR XI, LP* (1)
      Gevity HR XII, LP* (2)
      Gevity XIV, LLC* (3)
      Concorda Insurance Company Limited


      * Also does business under the name "Gevity HR".

      (1)  Gevity HR XI, LLC converted to a Limited Partnership (LP) in 2004.

      (2)  Gevity HR XII, Corp. converted to a Limited Partnership (LP) in 2004.

      (3)  Gevity HR ASO, LLC changed name to Gevity XIV, LLC in 2004
#### Charles E. METCALF, Petitioner-Appellant, v. The STATE of Illinois et al., Respondents-Appellees.

No. 15610.

United States Court of Appeals Sixth Circuit.

June 15, 1964.

Roger R. Chacksfield (Court Appointed), Cincinnati, Ohio, for appellant.

William G. Clark, Atty. Gen., of Illinois, William C. Wines and Raymond S. Sarnow, Asst. Attys. Gen., Chicago, Ill., of record, for appellees.

Before WEICK, Chief Judge, and O’SULLIVAN and EDWARDS, Circuit Judges.

ORDER.

Upon consideration of the appeal, it is ordered that the judgment of the District Court be and it is hereby affirmed.
#### Carter Bros. & Co. v. Wise County Coal Company.

(No. 2968.)

May 31, 1884.

Appeal from Wise County.

Opinion by

Willson, J.

. §313. *Garnishment; affidavit for.*An affidavit for an attachment may be made by the attorney of the plaintiff. [R. S. art. 5; W. & W. Con. Rep. § 1040.] It was not required in this case, there being a judgment against the debtor, that the affidavit should state that the writ applied for was not sued out to injure either the defendant or the garnishee. This requirement applies only where the writ is sued out *before*judgment obtained against the debtor. [R. S. art. 183, sub. 2.] It was not a good objection to the affidavit that it was in the alternative; that is, that it stated that the garnishee “is indebted to *or*has effects of defendant in its hands,” and “that defendant is the owner of shares in said company *or*has an interest therein.” [White v. Lynch, 26 Tex. 195; Hopkins v. Nichols, 22 Tex. 206.] The affidavit in this case follows the language of the statute, and contains every requisite prescribed by the statute. It states that plaintiffs have a judgment against the debtor, stating the amount thereof, and that said debtor has not property, within affiant’s knowledge, within this state, subject to execution, sufficient to satisfy such judgment. [R. S. art. 183, sub. 3.] It then follows with the statements required by article 185 of the Revised Statutes. The court erred in sustaining the garnishee’s general exception to the affidavit.

Reversed and remanded.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
       
<S>                        <C>
<PERIOD-TYPE>              3-MOS
<FISCAL-YEAR-END>                   DEC-31-1998
<PERIOD-START>                      JAN-01-1998
<PERIOD-END>                        JUN-30-1998
<CASH>                                  586,000
<SECURITIES>                                  0
<RECEIVABLES>                           429,000
<ALLOWANCES>                                  0<F1>
<INVENTORY>                              36,000
<CURRENT-ASSETS>                      1,169,000
<PP&E>                                4,220,000<F2>
<DEPRECIATION>                                0
<TOTAL-ASSETS>                        5,864,000
<CURRENT-LIABILITIES>                 1,323,000
<BONDS>                               1,368,000<F3>
<PREFERRED-MANDATORY>                         0
<PREFERRED>                                   0
<COMMON>                                 63,000
<OTHER-SE>                            3,110,000
<TOTAL-LIABILITY-AND-EQUITY>          5,864,000
<SALES>                               1,224,000
<TOTAL-REVENUES>                      4,991,000
<CGS>                                 1,283,000
<TOTAL-COSTS>                                 0
<OTHER-EXPENSES>                      3,462,000
<LOSS-PROVISION>                              0
<INTEREST-EXPENSE>                      103,000
<INCOME-PRETAX>                        (587,000)
<INCOME-TAX>                                  0
<INCOME-CONTINUING>                    (587,000)
<DISCONTINUED>                                0
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                           (587,000)
<EPS-PRIMARY>                              (.09)
<EPS-DILUTED>                              (.09)

<FN>
<F1>  Notes and accounts receivable - trade are reported net of allowances for
      doubtful accounts in the Balance Sheet.

<F2>  Property, plant, and equipment are reported net of accumulated
      depreciation in the Balance Sheet.

<F3>  Excludes current portion.
</FN>
        


</TABLE>