alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
THE
      SECURITIES OFFERED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT
      OF
      1933 OR THE SECURITIES LAWS OF ANY STATE AND ARE BEING OFFERED AND SOLD IN
      RELIANCE ON EXEMPTIONS FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES
      ACT
      OF 1933 AND SUCH LAWS. THE SECURITIES ARE SUBJECT TO RESTRICTIONS ON
      TRANSFERABILITY AND RESALE AND MAY NOT BE TRANSFERRED OR RESOLD EXCEPT AS
      PERMITTED UNDER THE SECURITIES ACT OF 1933 AND SUCH LAWS PURSUANT TO
      REGISTRATION OR EXEMPTION THEREFROM. 

     

    COMMON
      STOCK PURCHASE WARRANT

     

    Certificate
      Representing 34,483 Warrants 

    To
      Purchase Shares of Common Stock of

    


    CYTOMEDIX,
      INC.

    


    THIS
      IS
      TO CERTIFY THAT, for value received, The Wall Street Group, Inc., or its
      assigns, (the “Holder”), is entitled to purchase from Cytomedix, Inc., a
      Delaware corporation (the “Company”), Thirty Four Thousand Four Hundred Eighty
      Three (34,483) shares of the Company’s common stock, par value $.0001 per share
      (the “Common Stock”), on the terms and conditions hereinafter set
      forth.

    


    I. Grant
      and Vesting.
      The
      Company hereby grants to the Holder warrants (the “Warrants”) to purchase up to
      Thirty Four Thousand Four Hundred Eighty Three (34,483) shares of Common Stock
      at a purchase price equal to $2.90 per share. The Warrants shall be vested
      as of
      the date of execution and delivery of this Warrant Certificate. 

    


    II. Exercise
      Period.
      The
      Warrants shall be exercisable commencing upon vesting and continue to be
      exercisable until 5:00 p.m., Central Standard Time August 31, 2011.

     

    IN
      WITNESS WHEREOF, the
      Company has caused this Warrant Certificate to be duly executed and delivered
      as
      of the October 5, 2007.

     

    CYTOMEDIX,
      INC.

     

    /s/
      Kshitij Mohan

    Kshitij
      Mohan

    Chief
      Executive Officer
#### Vasu SINGH, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 05-72812.

United States Court of Appeals, Ninth Circuit.

*616Submitted May 12, 2009.*

Filed May 22, 2009.

Richard E. Oriakhi, Esq., Roman & Singh, LLP, San Francisco, CA, for Petitioner.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, OIL, U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, Paul Gormley, Esq., U.S. Department of Justice Environmental Enforcement Section, Denver, CO, for Respondent.

Before: PREGERSON, CANBY, and BERZON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Vasu Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review.

Without making an explicit adverse credibility determination, the IJ conflated what she may have intended to be an adverse credibility finding with her finding that Singh failed to meet his burden of proving persecution. The BIA compounded the error by adopting and affirming the IJ’s non-existent credibility finding. In these circumstances, the BIA should have either addressed the IJ’s conclusion that Singh failed to carry his burden of proof or remanded the case to the IJ for a credibility finding. *See Huang v. Mukasey,*520 F.3d 1006, 1008 (9th Cir.2008) (per cu-riam). Because the BIA did neither, we grant the petition for review as to Singh’s asylum and withholding of removal claims and remand this case to the agency for further proceedings consistent with this disposition. *See id.*(citing *INS v. Ventu-ra,*537 U.S. 12, 16-17, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam)).

PETITION FOR REVIEW GRANTED; REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### Antonio DeShawn ROBINSON, Petitioner—Appellant, v. Gene M. JOHNSON, Director of the Virginia Department of Corrections, Respondent—Appellee.

No. 08-7994.

United States Court of Appeals, Fourth Circuit.

Submitted: April 29, 2009.

Decided: May 8, 2009.

Antonio DeShawn Robinson, Appellant Pro Se. Gregory William Franklin, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Antonio DeShawn Robinson seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitu*291tional right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Robinson has not made the requisite showing. Accordingly, we deny a certificate of appealabihty and dismiss the appeal. 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.

*DISMISSED.*
2004 D e c i sion s O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit 8-13-2004 

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w . vi l l a no va . e du/thir dc ir c uit_2004/396UNITED STA TES COUR T OF APPEA LS FO R T HE TH IRD CIR CU IT
No . 03-3692
UNITED S TATES OF AMERI CA

v. DONALD N. FET ZNER,

Appellant

On A ppeal from the Un ited States District Co urt for the We stern D istrict of P enns ylvania (D ist. C our t No . 02-cr- 00006E ) Distri ct Judge: Honorable Sean J. M cLa ugh lin
Submitte d Under Third Circ uit LAR 34.1(a)

June 24, 2004 Bef ore: NYGAARD , MCKEE and CHERTO FF , Circuit Judges
. ORDER The opinion and j udgment of the cour t, fi led on August 11, 2004, is hereby VA CA TE D p endin g a fu rther o rder b y this cour t. For th e Co urt, /s/ Michael Chertof

f United States Circui t Judge
DAT ED: August 13, 2004
**EXHIBIT
11**
 
 **NANO-PROPRIETARY,
INC.**
 
 **COMPUTATION
OF (LOSS) PER COMMON SHARE**
 
 
 Three
      months ended December 31,
    
    Year
      ended December 31,2004
    
    2003
    
    2002
    
    2004
    
    2003
    
    2002Net
      income (loss) applicableto
      common shareholders
    
    $
    (1,136,322
    )
    $
    (1,534,897
    )
    $
    (600,597
    )
    $
    (4,612,026
    )
    $
    (4,214,202
    )
    $
    (4,946,351
    )Weighted
      average numberof
      common shares
    
    
    96,018,127
    
    
    95,424,044
    
    
    75,984,625
    
    
    96,609,237
    
    
    87,366,507
    
    
    71,829,575Net
      income (loss) perper
      share
    
    $
    (0.01
    )
    $
    (0.02
    )
    $
    (0.01
    )
    $
    (0.05
    )
    $
    (0.05
    )
    $
    (0.07
    )
 
 
 No
computation of diluted loss per common share is included for the any periods
because such computation results in an antidilutive loss per common
share.
EXHIBIT
        32.2 EARTHWORKS ENTERTAINMENT, INC.
 
 Certification
        of Principal Executive Officer Pursuant to 18 U.S.C. 1350
 (Section
        906 of the Sarbones-Oxley Act of 2002)
 
 I,
        William H. Campbell, Chief Financial Officer of Earthworks Entertainment,
        Inc.
        (the "Registrant"), certify that to the best of my knowledge, based upon
        a
        review of the Quarterly Report on Form 10-Q for the period ended June 30,
        2005
        of the Registrant (the "Report"):
 
 (1) The
        Report fully complies with the requirements of Section 13(a)[15(d)] of the
        Securities Exchange Act of 1934, as amended; and
 
 (2) The
        information contained in the Report fairly presents, in all material respects,
        the financial condition and results of operations of the Registrant.
 
 Dated:
                  August 10, 2005
              By:/s/
                  William H. CampbellWilliam
                  H. Campbell
                Acting
                  Chief Financial Officer
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   JUN-30-1999
<CASH>                                             858,353
<SECURITIES>                                             0
<RECEIVABLES>                                      181,019
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                 1,072,323
<PP&E>                                              27,177
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                   1,099,500
<CURRENT-LIABILITIES>                              181,649
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                            54,032
<OTHER-SE>                                               0
<TOTAL-LIABILITY-AND-EQUITY>                     1,099,500
<SALES>                                                  0
<TOTAL-REVENUES>                                    24,000
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                     4,000
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                          0
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                      0
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        24,000
<EPS-BASIC>                                            0
<EPS-DILUTED>                                            0



</TABLE>
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 State

          - [Public Notice 6742]

*Summary:*                     The Under Secretary for Management has approved the renewal of the charter for the Bureau of Overseas Buildings Operations' Industry Advisory Panel for an additional two-year period. The panel meets quarterly in the Harry S Truman Building, U.S. Department of State, located at 2201 C Street, NW., 23rd Street entrance in Washington, DC. The majority of each meeting is devoted to an exchange of ideas between the Department's Bureau of Overseas Buildings Operations' senior management and the panel members on design, operations, security, and building maintenance. The meetings are open to the public and are subject to advance registration and provision of required security information. Procedures for registration are included with each meeting announcement.                

                    If you have any questions, please contact Jonathan Blyth at                     *BlythJJ@state.gov*                     or on (703) 875-4131.                

Adam E. Namm,

Acting Director, Bureau of Overseas Buildings Operations, U.S. Department of State.

[FR Doc. E9-25225 Filed 10-19-09; 8:45 am]

BILLING CODE 4710-24-P
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED STATEMENTS OF INCOME OF WOLVERINE TUBE, INC. FOR THE NINE
MONTH PERIOD ENDED SEPTEMBER 27, 1997 AND THE CONDENSED CONSOLIDATED BALANCE
SHEET OF WOLVERINE TUBE, INC. AT SEPTEMBER 27, 1997 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH STATEMENTS.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-27-1997
<CASH>                                           8,802
<SECURITIES>                                         0
<RECEIVABLES>                                   88,242<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                     72,168
<CURRENT-ASSETS>                               170,291
<PP&E>                                         153,458<F1>
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 417,012
<CURRENT-LIABILITIES>                           51,686
<BONDS>                                         94,347
<PREFERRED-MANDATORY>                            2,000
<PREFERRED>                                          0
<COMMON>                                           141
<OTHER-SE>                                     277,545
<TOTAL-LIABILITY-AND-EQUITY>                   417,012
<SALES>                                        511,038
<TOTAL-REVENUES>                               511,038
<CGS>                                          447,612
<TOTAL-COSTS>                                  447,612
<OTHER-EXPENSES>                                21,023
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,984
<INCOME-PRETAX>                                 36,419
<INCOME-TAX>                                    13,230
<INCOME-CONTINUING>                             23,189
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  4,738
<CHANGES>                                            0
<NET-INCOME>                                    18,451
<EPS-PRIMARY>                                     1.30
<EPS-DILUTED>                                     1.28
<FN>
<F1>THE VALUES FOR THE TAGS RECEIVABLE AND PP&E ARE SHOWN NET OF THEIR 
RESPECTIVE ALLOWANCE ACCOUNTS.
</FN>
        

</TABLE>
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

CHRISTOPHER R. MOORE, JR., )

a/k/a CHRISTOPHER RICO MOORE, JR., )

)

Appellant, )

)

v. ) Case No. 2D18-1890

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed August 30, 2019.

Appeal from the Circuit Court for 

Hillsborough County; Nick Nazaretian, 

Judge.

Howard L. Dimmig, II, Public Defender, and 

Pamela Izakowitz, Assistant Public 

Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, 

Tallahassee, and David Llanes, Assistant 

Attorney General, Miami, for Appellee.

PER CURIAM.

Affirmed. 

SILBERMAN, VILLANTI, and SLEET, JJ., Concur.
Amendment No. 1 to TransDigm Group Incorporated 2003 Stock Option Plan



 Exhibit 10.13 
 AMENDMENT NO. 1 
 TO THE 
 TRANSDIGM GROUP INCORPORATED 
 FOURTH AMENDED AND RESTATED 2003 STOCK OPTION
PLAN 
 WHEREAS, TransDigm Group Incorporated (the “Company”) currently maintains and sponsors the TransDigm Group Incorporated
Fourth Amended and Restated 2003 Stock Option Plan (the “Plan”); and 
 WHEREAS, the Board of Directors of the Company (the
“Board”) wishes to amend the Plan in accordance with the provisions of Sections 2(c), 2(j) and 17. 
 NOW, THEREFORE, the Plan
is hereby amended as follows: 
 1. By replacing Section 2(c) of the Plan in its entirety as follows: 
  

	 	“(c)	‘Annual EBITDA Target’ means: 

  

	 	(i)	for fiscal year 2004 (ending September 30, 2004), $134.7 million; 

  

	 	(ii)	for fiscal year 2005, $163 million; 

  

	 	(iii)	for fiscal year 2006, $190.1 million; 

  

	 	(iv)	for fiscal year 2007, $250.0 million; and 

  

	 	(v)	for fiscal year 2008, $302.1 million; 

 provided, however,
the Annual EBITDA Target shall be appropriately adjusted in good faith by the Board for any acquisitions, dispositions or other similar events that effect the determination of Annual EBITDA.” 
 2. By replacing Section 2(j) of the Plan in its entirety as follows: 
  

	 	“(j)	‘Cumulative EBITDA Target’ means 

  

	 	(i)	for fiscal year 2004, $134.7 million; 

  

	 	(ii)	for fiscal year 2005, $297.7 million; 

  

	 	(iii)	for fiscal year 2006, $487.8 million; 

  

	 	(iv)	for fiscal year 2007, $737.7 million; and 

  

	 	(v)	for fiscal year 2008, $1,039.8 million; 

 provided,
however, the Cumulative EBITDA Target shall be appropriately adjusted in good faith by the Board for any acquisitions, dispositions or other similar events that effect the determination of Cumulative EBITDA.” 
 3. This Amendment No. 1 shall be effective as of September 30, 2007. 
 4. Except as modified by this Amendment No. 1, all of the terms and conditions of the Plan shall remain valid and in full force and effect.

  

 1 








 IN WITNESS WHEREOF, this Amendment No. 1 was duly adopted by the Board of Directors as of October
17, 2007. 
  

			
	TRANSDIGM GROUP INCORPORATED
		
	By	 	 /s/ Gregory Rufus

		 	 Gregory Rufus, Executive Vice President,
 Chief
Financial Officer and Secretary



  

 2
The District Court of the 18th Judicial District. County of Gallatin.

#### STATE OF MONTANA, Plaintiff, *22vs. TIMOTHY WRIGHT, Defendant.

*21CAUSE NO. DC-08-20AX *22DECISION

On November 16, 2009, the defendant was sentenced as follows: Count I: Fifty (50) years in the Montana State Prison for the offense of Sexual Intercourse Without Consent, a felony. This sentence shall run concurrently with the sentence imposed in DC-09-164CX.

On February 4, 2010, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The defendant was present and was represented by Kara Docherty. The state was not represented.

Before hearing the application, the defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also increase it. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

Rule 17 of the Rules of the Sentence Review Division of the Supreme Court of Montana provides that “the sentence imposed by the District Court is presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive.” (§46-18-904(3), MCA).

The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is inadequate or excessive.

Therefore, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.

Done in open Court this 4th day of February, 2010.

DATED this 23rd day of February, 2010.

Chairperson, Hon. Blair Jones, Member, Hon. Richard Simonton and Member, Hon. Ray Dayton.
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Exhibit 10.1  


 
 

AMENDMENT TO
  ULTIMATE ELECTRONICS, INC.
  BONUS PLAN FOR FISCAL YEAR ENDING
  JANUARY 31, 2005    
    


        Effective September 27, 2004, the Ultimate Electronics, Inc. Bonus Plan for Fiscal Year Ending January 31, 2005 is amended to provide a bonus
tied to the fourth quarter of fiscal 2005. Each executive officer, vice-president, and director (other than David J. Workman and David A. Carter) is eligible to receive $50,000; $30,000;
and $20,000, respectively if certain individual performance objectives are met in the fourth quarter of fiscal 2005, as determined in the sole discretion of the Compensation and Nominating Committee
of the Ultimate Electronics, Inc. Board of Directors. 











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AMENDMENT TO ULTIMATE ELECTRONICS, INC. BONUS PLAN FOR FISCAL YEAR ENDING JANUARY 31, 2005
#### The People of the State of New York, Respondent, v Ross Atherly, Appellant.

[964 NYS2d 55]

—An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Renee White, J.), rendered on or about March 23, 2010, said appeal having *420pealed from be and the same is hereby affirmed. been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive, it is unanimously ordered that the judgment so ap-

Concur—Mazzarelli, J.E, Moskowitz, DeGrasse, Feinman and Clark, JJ.