alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Sixth Amendment to the Second Restatement






Exhibit  4.14
 
SIXTH AMENDMENT 
TO THE SECOND RESTATEMENT OF THE 
MERIT MEDICAL SYSTEMS, INC. 401(k) PROFIT SHARING PLAN




This Sixth Amendment to the Second Restatement of the Merit Medical Systems, Inc. 401(k) Profit Sharing Plan (the “Plan”) is adopted by Merit Medical Systems, Inc. (the “Employer”) as principal sponsor of the Plan.


WHEREAS, the Employer maintains the Plan for the benefit of its employees and the employees of its participating subsidiaries; and


WHEREAS, the Employer wishes to amend the Plan to allow the use of forfeitures to pay Plan administrative expenses and modify the Plan’s definition of “Spouse,” and; 


WHEREAS, the Employer has reserved the right to amend the Plan.


NOW, THEREFORE, the Plan is hereby amended as follows effective January 1, 2013: 


1.    Article IV D of the Plan document, dealing with the allocation of Forfeitures, is amended to read in its entirety as follows effective January 1, 2013:


“D.    Forfeitures.  


1.All Forfeitures from Regular Accounts shall be: (a) first applied to pay Plan administrative expenses for the Plan Year of forfeiture or succeeding Plan Year, to the extent directed by the Administrator; (b) second, applied to reinstate previously forfeited account balances under Article V D 2 below; and (c) third, the remainder, allocated as additional Profit Sharing Contributions under Article IV C above for the Plan Year of following the Plan year of forfeiture. 
 
2.Forfeitures from Non-Qualified Matching Contribution Accounts shall be: (a) first, applied to pay Plan administrative expenses for the Plan Year of forfeiture or succeeding Plan Year, to the extent directed by the Administrator; (b) second, applied to reinstate previously forfeited account balances under Article V D 2 below; and (c) third, the remainder,  allocated as part of the Employer's Non-Qualified Matching Contribution for the Plan Year following the year of forfeiture (and in succeeding Plan Years, if necessary, until exhausted).”


2.    Section 53 of Article I of the Plan document, defining “Spouse,” is amended to read as follows:


“53.    Spouse.  For all purposes under the Plan, a Participant’s “Spouse” shall mean the person to whom a Participant is recognized as legally married under the law of the state or foreign jurisdiction in which the Participant was married, but only if such person also qualifies as the Participant’s “Spouse” for purposes of Sections 401(a)(11) and 402(c)(9) of the Code.  A Participant’s “surviving spouse” means the person who was the Participant’s Spouse immediately prior to the time of the Participant’s death.”





1






IN WITNESS WHEREOF, the Employer has caused this Sixth Amendment to the Second Restatement of the Plan to be executed this 31st day of December, 2013.




MERIT MEDICAL SYSTEMS, INC.




By: /s/ Rashelle Perry                 
Name: Rashelle Perry
Its: Chief Legal Officer 



2
Exhibit32.1

** **

** **

 

 

 

Inconnection with the Quarterly Report on Form 10-Q of Consolidated CapitalProperties III (the "Partnership"), for the quarterly period ended June 30, 2010as filed with the Securities and Exchange Commission on the date hereof (the"Report"), Steven D. Cordes, as the equivalent of the chief executive officer ofthe Partnership, and Stephen B. Waters, as the equivalent of the chief financialofficer of the Partnership, each hereby certifies, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that, to the best of his knowledge:

 

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

 

(2)  The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of thePartnership.

 

 

 

Thiscertification is furnished with this Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not be deemed filed by the Partnership forpurposes of Section 18 of the Securities Exchange Act of 1934, asamended.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 23-0558

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

QUINCY DEAN PFISTER,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including June 21, 2024, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

May 15 2024

05/15/2024

Case Number: DA 23-0558
<PAGE>


Exhibit 23.1 Consent of Russell Bedford Stefanou Mirchandani LLP

                    CONSENT OF CERTIFIED PUBLIC ACCOUNTANTS


TO: Bentley Communications Corp.

As independent certified public accountants, we hereby consent to the
incorporation by reference in the Annual Report on Form 10-KSB under the
Securities Exchange Act of 1934 of Bentley Communications Corp. for the year
ended June 30, 2001 of our report dated October 1, 2001 and contained in the
Registration Statement No. 333-83982 of Bentley Communications Corp. Form S-8
under the Securities Act of 1933 insofar as such report relates to the financial
statements of Bentley Communications Corp. for the year ended June 30, 2001.

                                 /s/Russell Bedford Stefanou Mirchandani LLP
                                 ----------------------------------------
                                 Russell Bedford Stefanou Mirchandani LLP

McLean, Virginia
October 1, 2002
<PAGE>
 
EXHIBIT 11


COMPUTATION OF EARNINGS PER SHARE FOR THE QUARTER AND NINE MONTHS ENDED
SEPTEMBER 30, 1998 AND 1997:
(In thousands, except per share amounts)

<TABLE>
<CAPTION>
                                                              QUARTER ENDED SEPTEMBER 30,    NINE MONTHS ENDED SEPTEMBER 30,
                                                                  1998             1997             1998       1997
                                                                  ----             ----             ----       ----
<S>                                                           <C>                <C>         <C>             <C>
Net income*
                                                                $ 4,316          $ 3,445           $11,436   $ 8,489
 
Earnings per common share:
     Basic                                                      $   .34          $   .28           $   .90   $   .69
     Diluted                                                    $   .32          $   .26           $   .85   $   .65
 
Shares outstanding (average):
     Common shares                                               13,825           13,341            13,718    13,264
     Treasury shares                                             (1,116)            (948)           (1,039)     (878)
                                                                -------          -------           -------   -------
Common shares  basic (average)                                   12,709           12,393            12,679    12,386
Options:  common equivalents                                        627              739               681       710

Warrants: common equivalents                                         18               --                18        --
                                                                -------          -------           -------   -------
Common shares  diluted (average)                                 13,354           13,132            13,378    13,096
                                                                =======          =======           =======   =======
</TABLE>

*Note:  The Company did not have any outstanding preferred stock for the periods
        ending September 30, 1997 through 1998.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

# DATES:

Comments should be received on or before January 30, 2015 to be assured of consideration.

# ADDRESSES:

                        Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestions for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at                         *OIRA_Submission@OMB.EOP.gov*                         and (2) Treasury PRA Clearance Officer, 1750 Pennsylvania Ave. NW., Suite 8141, Washington, DC 20220, or email at                         *PRA@treasury.gov.*

# FOR FURTHER INFORMATION CONTACT:

                        Copies of the submission(s) may be obtained by emailing                         *PRA@treasury.gov,*                         calling (202) 622-1295, or viewing the entire information collection request at                         *www.reginfo.gov.*

## Departmental Offices

*OMB Number:*                         1505-0152.                    

*Type of Review:*                         Revision of a currently approved collection.                    

*Title:*                         Request for Transfer of Property Seized/Forfeited by a Treasury Agency.                    

*Form:*                         TD F 92-22.46.                    

*Abstract:*                         Form TD F 92-22.46 is necessary for the application for receipt of seized assets by State and Local Law Enforcement agencies.                    

*Affected Public:*                         State, Local, and Tribal Governments.                    

*Estimated Annual Burden Hours:*                         3,500.                    

Brenda Simms,

Treasury PRA Clearance Officer.

[FR Doc. 2014-30611 Filed 12-30-14; 8:45 am]

BILLING CODE 4810-25-P
wndm_ex106.htm


Exhibit 10.6


 




  





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15
[Federal Register Volume 80, Number 2 (Monday, January 5, 2015)]
[Notices]
[Page 267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30977]


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

POSTAL SERVICE


Temporary Emergency Committee of the Board of Governors; Sunshine 
Act Meeting

    Dates and Times: December 23, 2014, at 1:00 p.m.
    Place: Washington, DC, via Teleconference.
    Status: Committee Votes to Close December 23, 2014, Meeting: By 
telephone vote on December 23, 2014, members of the Temporary Emergency 
Committee of the Board of Governors of the United States Postal Service 
met and voted unanimously to close to public observation its meeting 
held in Washington, DC, via teleconference. The Committee determined 
that no earlier public notice was possible.
    Matters Considered:
    Tuesday, December 23, 2014, at 1:00 p.m.
    1. Strategic Issues.
    2. Financial Matters.
    General Counsel Certification: The General Counsel of the United 
States Postal Service has certified that the meeting was properly 
closed under the Government in the Sunshine Act.
    Contact Person for More Information: Julie S. Moore, Secretary of 
the Board, U.S. Postal Service, 475 L'Enfant Plaza SW., Washington, DC 
20260-1000, telephone (202) 268-4800.

Julie S. Moore,
Secretary, Board of Governors.
[FR Doc. 2014-30977 Filed 12-31-14; 4:15 pm]
BILLING CODE 7710-12-P
Exhibit
        23.1
 
  **CONSENT
        OF REGISTERED INDEPENDENT PUBLIC ACCOUNTING FIRM**
   We
        hereby consent to the incorporation by reference in Registration Statement
        No.
        333-69460 on Form S-8 of our report dated February 3,
        2006
        relating to the consolidated balance sheet of Chembio Diagnostics Inc. and
        Subsidiaries as of December 31, 2005 and the consolidated statements of
        operations, stockholders ’ equity
        (deficit) and cash flows for the two years in the period ended December 31,
        2005
        appearing in this Annual Report on Form 10-KSB of Chembio Diagnostics, Inc.
        for
        the year ended December 31, 2005.
   Lazar
        Levine & Felix LLP
  /s/
        Lazar Levine & Felix LLP
 New
        York,
        New York
 March
        30,
        2006
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                       1,114,398
<SECURITIES>                                         0
<RECEIVABLES>                                7,756,997
<ALLOWANCES>                                   199,222
<INVENTORY>                                  4,753,607
<CURRENT-ASSETS>                            13,945,096
<PP&E>                                      95,061,790
<DEPRECIATION>                              26,658,234
<TOTAL-ASSETS>                              82,634,212
<CURRENT-LIABILITIES>                       17,765,457
<BONDS>                                     10,161,026
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,641,062
<OTHER-SE>                                  51,998,330
<TOTAL-LIABILITY-AND-EQUITY>                82,634,212
<SALES>                                     23,920,820
<TOTAL-REVENUES>                            23,920,820
<CGS>                                       21,869,382
<TOTAL-COSTS>                               21,869,382
<OTHER-EXPENSES>                               541,818
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             402,180
<INCOME-PRETAX>                              1,122,981
<INCOME-TAX>                                   415,503
<INCOME-CONTINUING>                            707,478
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   707,478
<EPS-BASIC>                                      .04
<EPS-DILUTED>                                      .04


</TABLE>
Opinion filed August 31, 2016

In The

Eleventh Court of Appeals

___________

No. 11-16-00167-CV

___________

JOE PAYNE, Appellant

V.

TRACI KIM COURSEY, Appellee

On Appeal from the County Court at Law No. 2

Midland County, Texas

Trial Court Cause No. 17623

M E M O R A N D U M O P I N I O N

On June 23, 2016, this court entered an order abating this appeal in order to 

permit the parties to obtain a final order or judgment from the trial court. See TEX. R.

APP. P. 27.2. In our June 23 order, we notified the parties that, if “a final, appealable 

order or judgment has not been entered by August 22, 2016, this court may dismiss 

this appeal.” See TEX. R. APP. P. 42.3. As of this date, no final, appealable order 

has been entered by the trial court. 

Consequently, we dismiss this appeal.

August 31, 2016 PER CURIAM

Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.
#### GJF Construction Corp. et al., Appellants, v Cosmopolitan Decorating Co., Inc., et al., Respondents.

[828 NYS2d 409]

In an action, inter alia, for a judgment declaring that the defendant Liberty Mutual Insurance Company must defend and indemnify the plaintiff GJF Construction Corp. and reimburse the plaintiff Royal Insurance Company of America for all costs and expenses incurred in the defense and settlement of an underlying personal injury action entitled *Ford v GJF Constr. Corp.,*pending in the Supreme Court, Kings County, under index No. 11011/98, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated May 13, 2005, as denied their motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs failed to meet their initial burden of demonstrating, prima facie, their entitlement to a declaratory judgment as a matter of law by failing to introduce the contracts between the plaintiff GJF Construction Corp. (hereinafter GJF) and the defendant Cosmopolitan Decorating Co., Inc. (hereinafter Cosmopolitan), providing an express indemnification clause in favor of GJF *(see Naranjo v Star Corrugated Box Co., Inc.,*11 AD3d 436, 437-438 [2004]), and the policy of Liberty Mutual Insurance Company (hereinafter Liberty Mutual). The plaintiffs could not rely in support of their motion on evidence submitted for the first time in their reply papers *(see Adler v Suffolk County Water Auth.,*306 AD2d 229 [2003]; *Constantine v Premier Cab Corp.,*295 AD2d 303 [2002]; *Voytek Tech. v Rapid Access Consulting,*279 AD2d 470 [2001]). The plaintiffs’ failure to make a prima facie showing requires the denial of the motion, regardless of the sufficiency of the opposition papers *(see Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851, 853 [1985]).

In light of the foregoing, we do not reach the parties’ remaining contentions. Crane, J.E, Krausman, Spolzino and Skelos, JJ., concur.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

DELOUISE DAILEY, :

Plaintiff, :

:

v. : CIVIL ACTION 14-00423-KD-M

:

SYLVIA HANDS, et al., :

Defendants. :

ORDER

After due and proper consideration of the issues raised, and there having been no 

objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 

§ 636(b)(l)(B) and dated February 20, 2015, is ADOPTED as the opinion of this Court. 

Accordingly, it is ORDERED that Defendants’ motion to dismiss is GRANTED and 

Plaintiff’s Complaint is DISMISSED with prejudice in its entirety for failure to state a claim 

upon which relief can be granted.

DONE and ORDERED this the 23rd day of March 2015.

/s/ Kristi K. DuBose

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE 

Case 1:14-cv-00423-KD-M Document 13 Filed 03/23/15 Page 1 of 1
EXHIBIT 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER



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 Annual Report of Sycamore Networks, Inc. (the Company) on Form 10-K for the period ending July 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, Frances M. Jewels, 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 the best of 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, as of, and for the periods presented in the Report.



|                                                                                                             
|-------------------------------------------------------------------------------------------------------------
|/s/    FRANCES M.
JEWELS                                                                                     
|Frances M. Jewels Chief Financial Officer, Vice President Finance and Administration, Secretary and Treasurer



August 23, 2004
Exhibit 32.1


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


      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of Section 1350,  Chapter 63 of Title 18,  United States Code),  each of
the  undersigned  officers of New Century  Companies,  Inc. (the Company),  does
hereby certify, to such officer's knowledge, that:

      The Quarterly Report on Form 10-QSB for the quarter ended June 30, 2004 of
the Company fully complies,  in all material respects,  with the requirements of
section 13(a) or 15(d) of the Securities  Exchange Act of 1934, and  information
contained in the Form 10-QSB  fairly  presents,  in all material  respects,  the
financial condition and results of operations of the Company.



August 16, 2004                          /s/ David Duquette

                                         Name: David Duquette
                                         Title: Chief Executive Officer and
                                                Chief Financial Officer


      A signed  original of this written  statement  required by Section 906, or
other  document  authenticating,   acknowledging,   or  otherwise  adopting  the
signature  that  appears in typed form  within  the  electronic  version of this
written  statement  required by Section  906,  has been  provided to New Century
Companies,  Inc. and will be furnished to the Securities  Exchange Commission or
its Staff upon request.