alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.20


 


AMENDMENT #1
TO THE PROMISSORY NOTE

ISSUED ON [●]


 


THIS
AMENDMENT #1 to the Note (as defined below) (the “Amendment”) is entered into
as of [●] (the “Effective Date”), by and between PaxMedica, Inc., a Delaware
corporation (the “Company”), and [●] (the “Holder”) (collectively the
 “Parties”).


 


BACKGROUND


 


A.     The
Company and Holder are the parties to that certain senior secured promissory note originally issued by the Company to the Holder on [●],
in the original principal amount of $[●] (as amended from time to time, the “Note”);
and


 


B.      The
Company has filed with the Securities and Exchange Commission a registration statement on Form S-1 (the
 "Form S-1") on or around July 18, 2022, with respect to an underwritten public
offering by the Company of its shares of common stock (the “Common Stock”), and, in connection therewith, the Common
Stock are to be listed on the Nasdaq Capital Market ( “Nasdaq” and the offering, the "Nasdaq Offering");
and


 


C.      The
Parties desire to amend the Note as set forth expressly below.


 


NOW THEREFORE, in consideration of the execution
and delivery of the Amendment and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:


 


1.              Notwithstanding
anything to the contrary in the Note, and so long as the Nasdaq Offering is consummated on or before August 17, 2022, the balance
of the Note shall automatically be converted into Common Stock at the Conversion Price (as defined in the Note) on the date that the
Nasdaq Offering is consummated.


 


2.              For
the avoidance of doubt, if the Nasdaq Offering is not consummated by August 17, 2022, this Amendment shall be null and void and of
no further force or effect.


 


3.              This
Amendment shall be deemed part of, but shall take precedence over and supersede any provisions to the contrary contained in the Note.
Except as specifically modified hereby, all of the provisions of the Note, which are not in conflict with the terms of this Amendment,
shall remain in full force and effect.


 


[Signature page to follow]


 






    


     


    

 


IN WITNESS WHEREOF, the Parties hereto have executed this Amendment
as of the date first above written.


 


	PaxMedica, Inc.	 	[●]
	 	 	 
	 	 	 
	By:	            	 	By:	   
	Name: [●]	 	Name: [●]
	Title: [●]	 	Title: [●]
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                          253359
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         2474375
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 2888346
<CURRENT-LIABILITIES>                           190754
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   (1850652)
<TOTAL-LIABILITY-AND-EQUITY>                   2888346
<SALES>                                         201000
<TOTAL-REVENUES>                                 55319
<CGS>                                           133886
<TOTAL-COSTS>                                   147463
<OTHER-EXPENSES>                                 20330
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               87317
<INCOME-PRETAX>                               (52,328)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (52328)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (52328)
<EPS-PRIMARY>                                  (29.07)
<EPS-DILUTED>                                  (29.07)
        

</TABLE>
Exhibit
15.1





October
29, 2009





Securities
and Exchange Commission


100 F
Street, N.E.


Washington,
DC 20549





Registration
Statements on Form S-8 (No. 333-160994, No. 333-153151, No. 333-142199, No.
333-142202, No. 033-52387, No. 333-127223, No. 333-51418,
No. 333-49392, No. 333-47194, No. 333-47665, No. 333-47667,
No. 033-65932, No. 033-65930, and No. 033-28534).





Commissioners:





We are
aware that our reports dated October 29, 2009 on our review of interim financial
information of AllianceBernstein Holding L.P. (the “Company”) and
AllianceBernstein L.P. for the three-month and nine-month periods ended
September 30, 2009 and 2008 and included in the Company’s quarterly report on
Form 10-Q for the quarter ended September 30, 2009 are incorporated by
reference in its Registration Statements referred to above.





Very
truly yours,





/s/ PricewaterhouseCoopers LLPNew
      York, New York
<PAGE>

                                                                    EXHIBIT 23.1

INDEPENDENT AUDITORS' CONSENT





The Board of Directors and Shareholders
Base Ten Systems, Inc.
Trenton, New Jersey 08619

We consent to the incorporation by reference in the Registration Statements No.
33-89712, No. 33-60454, No. 33-55752 and Amendment No. 1 to Registration
Statement No. 2-84451 of Base Ten Systems, Inc. and Subsidiaries on Form S-8 and
the Registration Statement No. 33-89710 of Base Ten Systems, Inc. and
Subsidiaries on Form S-3 of our report dated December 23, 1996, appearing in
this annual report on Form 10-K of Base Ten Systems, Inc. and Subsidiaries for
the year ended October 31, 1996.





DELOITTE & TOUCHE LLP


Parsippany, New Jersey
January --, 1997

                                          42
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

October 29, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 133104 & (31) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 133104 

 COA: 273534 

Oakland CC: 2006-206787-FH 

RICHARD JOSEPH MARTH,

Defendant-Appellant. 

_________________________________________/ 

By order of July 27, 2007, we remanded this case to the Court of Appeals for 

reconsideration of its December 27, 2006 order denying leave to appeal under MCR 

6.508(D). On order of the Court, the Court of Appeals having vacated its prior order and 

having issued on August 24, 2007 an order denying leave to appeal for lack of merit, the 

application in this Court is again considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

d1022 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

October 29, 2007 

 Clerk
#### The People of the State of New York, Respondent, v Charles Gambetta, Appellant.

[822 NYS2d 450]

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered November 4, 2005, convicting defendant, after a jury trial, of assault in the third degree, and sentencing him to a term of three years’ probation, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility *(see People v Gaimari,*176 NY 84, 94 [1903]). Defendant was properly convicted of reckless assault (Penal Law § 120.00 [2]). The evidence supported the conclusion that when defendant threw the victim onto the floor he acted recklessly but without a specific intent to cause physical injury *(see e.g. People v Cameron,*123 AD2d 325 [1986]). Furthermore, the People disproved defendant’s justification defense beyond a reasonable doubt.

Defendant’s challenge to the court’s justification charge is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find it to be without *538merit. The court’s charge clearly informed the jury that the defense of justification applied to both counts of assault. Concur—Andrias, J.E, Gonzalez, Sweeny and Catterson, JJ.
Exhibit No. 32

 

Barnwell Industries, Inc.

 

Certification of Chief Executive Officer and

Chief Financial Officer Pursuant To

18 U.S.C. Section 1350,

As Adopted Pursuant To

Section 906 of the Sarbanes-Oxley Act of 2002

 

Pursuantto Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and(b) of Section 1350, Chapter 63 of Title 18, United States Code) eachof the undersigned officers of Barnwell Industries, Inc. (the “Company”),does hereby certify, to such officer’s knowledge that:

 

The Annual Report on Form 10-K for the year endedSeptember 30, 2008 of the Company fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934 and theinformation contained in the Form 10-K fairly presents, in all materialrespects, the consolidated financial condition as of September 30, 2008and consolidated results of operations for the year ended September 30,2008 of the Company and its subsidiaries.

 

 
| Dated: | December 18,  2008 |   |                            |        /s/  Morton H. Kinzler  |
|--------|-------------------------|--------|---------------------------------|-------------------------------------------------------------------|
|   |                    |   | Name: MORTON H. KINZLER         |
|   |                    |   | Title: Chief  Executive Officer |
|   |                    |   |                            |
|   |                    |   |                            |
| Dated: | December 18,  2008 |   |                            |        /s/  Russell M. Gifford |
|   |                    |   | Name:  RUSSELL M. GIFFORD       |
|   |                    |   | Title: Chief  Financial Officer |

 

Theforegoing certification is being furnished solely pursuant to Section 906of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350,Chapter 63 of Title 18, United States Code) and is not being filed as part ofthe Form 10-K or as a separate disclosure document.

 

Asigned original of the written statement required by Section 906 has beenprovided to the Company and will be retained by the Company and furnished tothe Securities and Exchange Commission or its staff upon request.

 

----
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
FINANCIAL STATEMENTS FOR PERIOD ENDED MAY 31, 1996.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          AUG-31-1996
<PERIOD-START>                             SEP-01-1995
<PERIOD-END>                               MAY-31-1996
<CASH>                                             331
<SECURITIES>                                         0
<RECEIVABLES>                                  188,317
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                             109
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 188,757
<CURRENT-LIABILITIES>                           32,599
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        86,566
<OTHER-SE>                                      33,767
<TOTAL-LIABILITY-AND-EQUITY>                   188,757
<SALES>                                              0
<TOTAL-REVENUES>                                 8,410
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                21,034
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (12,624)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (12,624)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (12,624)
<EPS-PRIMARY>                                   (0.01)
<EPS-DILUTED>                                        0
        

</TABLE>
[Federal Register Volume 74, Number 116 (Thursday, June 18, 2009)]
[Notices]
[Page 29016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14317]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34836]


Arizona Eastern Railway, Inc.--Construction Exemption--in Graham 
County, AZ

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

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

SUMMARY: The Board grants an exemption, under 49 U.S.C. 10502, from the 
prior approval requirements of 49 U.S.C. 10901 for Arizona Eastern 
Railway, Inc. (AZER) to construct a 12.1-mile rail line in Graham 
County, AZ, beginning at milepost 1133.5 at Safford, AZ, where it would 
connect with AZER's existing line and proceed 12.1 miles across the 
Gila River to the Safford Regional Airport and the Freeport-McMoRan, 
Inc. Dos Pobres Mine in Safford.

DATES: The exemption will be effective on July 15, 2009. Petitions to 
reopen must be filed by July 6, 2009.

ADDRESSES: An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34836, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of all pleadings must be served on petitioner's representative: 
John D. Heffner, John D. Heffner, PLLC, 1920 N Street, NW., Suite 800, 
Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Melissa Ziembicki, (202) 245-0386. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. Board decisions and notices are available on our Web 
site at http://www.stb.dot.gov.

    Decided: June 12, 2009.

    By the Board, Acting Chairman Mulvey and Vice Chairman 
Nottingham.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-14317 Filed 6-17-09; 8:45 am]
BILLING CODE 4915-01-P
Exhibit 32.1


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 Quarterly Report of AllianceBernstein Holding L.P. (the “Company”) on Form 10-Q for the period ending June 30, 2009 to be filed with the Securities and Exchange Commission on or about July 30, 2009 (the “Report”), I, Peter S. Kraus, Chief Executive Officer of the Company, certify, for the purpose
of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) and 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
 
 (1)
The Report fully complies with the requirements of section 13(a) or 15(d) of the Exchange Act; and
 
 (2)
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
 Date:   July 30, 2009
/s/ Peter S. KrausPeter S. KrausChief Executive OfficerAllianceBernstein Holding L.P.
<PAGE>

Exhibit 12

<TABLE>
Computation of Ratio of Earnings to Fixed Charges (Unaudited)
(Dollars in millions)
<CAPTION>
                                     1996        1995       1994        1993       1992
                                   --------    --------   --------    --------   --------
<S>                              <C>         <C>        <C>         <C>        <C>
Profit before tax                $     64.1  $     29.4 $     38.8  $     56.8 $     50.2
Income (Loss) of 50% owned
  subsidiaries                           1.3      (0.8)        0.3         2.0        3.1
Dividends received from less
  than 50% owned subsidiaries            2.7        2.6        1.6         1.3        2.4

Interest expense                       45.4        44.9       44.9        37.4       38.6
25% of rent expense                     3.9         3.9        3.2         3.2        2.7
                                     ------      ------     ------      ------     ------
  Total fixed charges                  49.3        48.8       48.1        40.6       41.3
Pre-tax earnings required to
  cover preferred dividends             0.0         0.0        0.0         0.0       10.2
                                     ------      ------     ------      ------     ------
  Total fixed charges and
    preferred dividends                49.3        48.8       48.1        40.6       51.5
                                     ======      ======     ======      ======     ======


Earnings before income taxes
  and fixed charges              $    117.1  $     79.5 $     88.8  $    100.7 $     97.0
                                     ======      ======     ======      ======     ======


Ratio of earnings to fixed
  charges                          2.4 to 1    1.6 to 1   1.8 to 1    2.5 to 1   2.3 to 1

Ratio of earnings to fixed
 charges and preferred dividends   2.4 to 1    1.6 to 1   1.8 to 1    2.5 to 1   1.9 to 1

<FN>
Note 1: For purposes of calculating the ratio of earnings to fixed
        charges, "earnings" consist of earnings from continuing
        operations before income taxes, adjusted for the portion of fixed
        charges deducted from such earnings.  "Fixed charges" consist of
        interest on all indebtedness (including capital lease obligations
        and capitalized interest), amortization of debt expense and the
        percentage of rental expense on operating leases deemed
        representative of the interest factor.
Note 2: The ratios of earnings to fixed charges, before the restructuring
        and special charges, for 1995 and 1994 were 1.9 to 1 and 2.4 to
        1, respectively.
Note 3: The above computations do not include any fixed charges related
        to the Company's guarantee of debt for Calspan SRL Corporation.
        The debt guarantee was $18.0 million at December 29, 1996 and
        $21.7 million at December 31, 1995.

</TABLE>
<TABLE> <S> <C>

<ARTICLE>                      5

<S>                            <C>
<PERIOD-TYPE>                  3-mos
<FISCAL-YEAR-END>              Dec-31-2000
<PERIOD-END>                   Mar-31-2000
<CASH>                         1,363,062
<SECURITIES>                   000
<RECEIVABLES>                  50,000
<ALLOWANCES>                   000
<INVENTORY>                    000
<CURRENT-ASSETS>               1,413,062
<PP&E>                         3,272,489
<DEPRECIATION>                 000
<TOTAL-ASSETS>                 4,696,051
<CURRENT-LIABILITIES>          1,971,465
<BONDS>                        000
<PREFERRED-MANDATORY>          000
<PREFERRED>                    000
<COMMON>                       000
<OTHER-SE>                     2,724,586
<TOTAL-LIABILITY-AND-EQUITY>   4,696,051
<SALES>                        000
<TOTAL-REVENUES>               769,100
<CGS>                          000
<TOTAL-COSTS>                  000
<OTHER-EXPENSES>               238,144
<LOSS-PROVISION>               000
<INTEREST-EXPENSE>             000
<INCOME-PRETAX>                530,956
<INCOME-TAX>                   000
<INCOME-CONTINUING>            530,956
<DISCONTINUED>                 000
<EXTRAORDINARY>                000
<CHANGES>                      000
<NET-INCOME>                   530,956
<EPS-BASIC>                    .11
<EPS-DILUTED>                  .11


</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 Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-1837-DR; Docket ID FEMA-2008-0018]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Mississippi (FEMA-1837-DR), dated May 12, 2009, and related determinations.

# DATES:

*Effective Date:*                         June 8, 2009.                    

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Mississippi is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of May 12, 2009.

Jefferson Davis County for Public Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,

Administrator, Federal Emergency Management Agency.

[FR Doc. E9-14273 Filed 6-16-09; 8:45 am]

BILLING CODE 9111-23-P