alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
THERATECH, INC. CONSOLIDATED BALANCE SHEET AND STATEMENT OF OPERATIONS FOR THE
NINE MONTHS ENDED SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                      16,275,117
<SECURITIES>                                 6,948,385
<RECEIVABLES>                                6,715,111
<ALLOWANCES>                                   439,000
<INVENTORY>                                  2,516,604
<CURRENT-ASSETS>                            32,827,746
<PP&E>                                      28,681,114
<DEPRECIATION>                              10,417,695
<TOTAL-ASSETS>                              60,581,219
<CURRENT-LIABILITIES>                        7,407,682
<BONDS>                                      1,242,578
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       212,893
<OTHER-SE>                                  48,466,066
<TOTAL-LIABILITY-AND-EQUITY>                60,581,219
<SALES>                                     14,007,137
<TOTAL-REVENUES>                            35,162,865
<CGS>                                        9,467,842
<TOTAL-COSTS>                               29,864,960
<OTHER-EXPENSES>                                12,282
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             345,122
<INCOME-PRETAX>                              4,940,501
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          4,940,501
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,940,501
<EPS-PRIMARY>                                     0.23
<EPS-DILUTED>                                     0.23
        

</TABLE>
EX-10.71



 Exhibit 10.71 
 March 19, 2013 
 NNJCA Capital, LLC 
 100 First Street – Suite 301 
 Hackensack, New Jersey 07601 

Attention: Dr. Andrew Pecora 
  

	Re:	Amended and Restated Credit Agreement with Cancer Genetics, Inc. 

 Dear Dr. Pecora: 
 This letter agreement will memorialize your agreement with
respect to that certain Amended and Restated Credit Agreement, dated as of February 13, 2012 (the “Credit Agreement”), by and among Cancer Genetics, Inc., a Delaware corporation (the “Company”), John Pappajohn, Pecora and
Company and NNJCA Capital, LLC (the “Lenders”), and the Promissory Note issued pursuant to the Credit Agreement in the principal amount of $1,500,000 (the “Note”). The promises set forth in this letter agreement are made to
induce us and our underwriters to proceed with the Company’s initial public offering, which is also beneficial to you. 

You hereby irrevocably agree to extend the maturity date under the Credit Agreement and the Note to August 15, 2013. Other than as
specifically set forth in this letter agreement, all other terms of the Credit Agreement and the Note are and will remain unchanged and in full force and effect. 

 

			
	Very truly yours,
	
	Cancer Genetics, Inc.
		
	By:	 	/s/ Panna L. Sharma
	
	Panna L. Sharma
	
	President and CEO


  

			
	Agreed to and Accepted by:
	
	NNJCA CAPITAL, LLC
		
	By: 	 	/s/ Andrew Pecora
		
	Name:	 	Andrew Pecora
		
	Title: 	 	Manager (President)
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-51314

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RAUL ALBERTO VALDEZ-CHAVEZ,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-00-CR-954-1-H

- - - - - - - - - -

June 15, 2001

Before WIENER, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Raul Alberto Valdez-Chavez appeals his sentence following

his guilty plea conviction for illegal re-entry after deportation

in violation of 8 U.S.C. § 1326. Valdez argues that his sentence

should not have exceeded the two-year maximum sentence under 8

U.S.C. § 1326(a). Valdez acknowledges that his argument is

foreclosed by Almendarez-Torres v. United States, 523 U.S. 224

(1998), but he seeks to preserve the issue for Supreme Court

review in light of Apprendi v. New Jersey, 530 U.S. 466 (2000). 
No. 00-51314

- 2 -

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000), cert. denied, 121 S. Ct. 1214 (2001). Valdez’s

argument is foreclosed by Almendarez-Torres, 523 U.S. at 235. 

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that the judgment of the district court be affirmed and that an

appellee’s brief not be required. The motion is granted.

AFFIRMED; MOTION GRANTED.
No. 1147.

#### Gordon *v.*Porter, Price Administrator.

June 3, 1946.

*Louis H. Burke*for petitioner.

*Solicitor General McGrath*and *Richard H. Field*for respondent.

Petition for writ of certiorari to the United States Emergency Court of Appeals denied.
cmfo_ex1032.htm


Exhibit 10.32







Amendment to Employment Agreement







This Amendment Agreement to the employment agreement is entered into as of October 17, 2012 by and between China Marine Food Group Limited (the “Company”), a Nevada corporation with business address at Dabao Industrial Zone, Shishi City, Fujian Province, China, and Mr. Pengfei Liu (the “Executive”).







WHEREAS, the parties entered into an employment agreement on November 17, 2007, which agreement was renewed on January 1, 2011.







WHEREAS, the parties desire to amend the employment agreement.







NOW, THEREFORE, in consideration of the premises and the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties,


 



1.                Remuneration















Section 2 b is deleted and replaced in its entirety as follows:







b. Bonus.      The Executive shall have an opportunity to receive an annual bonus during the term of employment, subject to such terms and conditions as the Compensation Committee shall prescribe; it being understood that the actual annual bonus received by the Executive will depend on the level of attainment of performance by the Executive and the Company and other factors used by the Company to determine annual bonus amounts and that there is no guarantee that an annual bonus will be earned.







     2.           No Other Changes







Except as stated in this amendment, all of the terms and provisions of the employment agreement as renewed on January 1, 2011 shall remain in full force and effect as set forth therein.  Henceforth, any reference to the employment agreement shall be deemed to refer to the employment agreement, as amended by this amendment.







IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of the day and year above written.












CHINA MARINE FOOD GROUP LIMITED







/s/ Maroc Hon Wai Ku_______________________________


By:  Marco Hon Wai Ku

















/s/ Pengfei Liu______________________________________


Pengfei Liu
Exhibit 32.2



Certification Required by 18 U.S.C. sec. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)



In connection with the filing by ADE Corporation (the Company) of the Quarterly Report on Form 10-Q for the fiscal quarter ended
October 31, 2005 (the Report), the undersigned, as the Chief Financial Officer of the Company, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that, to 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |  |  |                        
|----------------------- |  |  |  | -----------------------
|                        |  | 
|Date: December 12, 2005 |  |  |  | /s/ Brian C. James     
|                        |  |  |  | Brian C. James         
|                        |  |  |  | Chief Financial Officer
No. 667.

No. 668.

No. 669.

No. 670.

#### West *v.*Commissioner of Internal Revenue; West *v.*Commissioner of Internal Revenue; Estate of West et al. *v.*Commissioner of Internal Revenue; and West *v.*Commissioner of Internal Revenue.

May 6, 1946.

Second petition for rehearing denied.

Mr. Justice Rutledge took no part in the consideration or decision of this application.

327 U. S. 815.
sec10k123112_10-4b.htm



EXHIBIT 10.4(b)


 


DETERMINATION OF DIRECTOR’S FEES


 


DIRECTOR RETIREMENT PLAN AGREEMENT


AND PAYMENT OF BENEFITS


FOR


DAVID W. THOMAS







THIS AGREEMENT is made this 2nd day of March, 2010, by and between THE OHIO VALLEY BANK COMPANY located in Gallipolis, Ohio (the “Company”), and DAVID W. THOMAS (the “Director”).


 


The Company and the Director entered into an AMENDED AND RESTATED DIRECTOR RETIREMENT PLAN AGREEMENT on December 28, 2007 (the “Agreement”).


 


The Director agrees that Director’s total annual or monthly fees in sections 2.1 Normal Retirement Benefit, 2.2 Disability Benefit, and 3.1 Death During Active Service will include the Independent or Non-Independent Directors’ Fees paid monthly plus the Annual Retainer (formerly called Annual Bonus) and will not include additional fees paid to said Director as Lead Director.







The parties, by executing this Agreement hereby agree to the terms stated herein.


 







 







 


DIRECTOR:                                                                                     OHIO VALLEY BANK COMPANY







                                                                                                            By:                                                                


David W. Thomas                                                                           Title:  President and Chief Executive Officer
EXHIBIT 10.13
  Restricted Stock Agreement  Granted under the 2007 Equity Incentive Plan for Employees and Non-Employee Directors
 Name of Recipient:Number of shares of restricted
common stock awarded:Grant Date:
 Company Plan
 WESTMORELAND COAL COMPANYBy:Name:Title:  Name:




---



##### 



Restricted Stock Agreement
 Granted under the 2007 Equity Incentive Plan for Employees and Non-Employee Directors
 Restricted Shares
 Issuance of Restricted Shares
  Section 2 Section 3 Section 4
 Vesting
 Vesting Schedule
 Acceleration of Vesting
 Definitions
 Disability
 2




---



##### 



Qualifying Retirement both or
 Forfeiture of Unvested Restricted Shares Upon Employment Termination
 Section 2(b)
 Restrictions on Transfer
 transfer Approved Relatives provided Section 3 Section 4
 3




---



##### 



Restrictive Legends
   Rights as a Shareholder
 Provisions of the Plan
  Tax Matters
 Acknowledgments; Section 83(b) Election
 Withholding
 4




---



##### 



Miscellaneous
 Authority of Compensation and Benefits Committee
 No Right to Continued Employment
 Governing Law
 Recipients Acknowledgments
 5
#### Michael J. Pronti, Doing Business as Best Construction Company, Appellant, v Frederick M. Belletti et al., Respondents, et al., Defendant.

[853 NYS2d 692]

Carpinello, J.

This action stems from a contract between plaintiff and defendants Frederick M. Belletti and Roberta A. Belletti (hereinafter collectively referred to as defendants) in which plaintiff agreed “to arrange,” purportedly through an independent contractor, for the replacement of the roof on their residence. Plaintiff now sues for the balance due on the contract and the foreclosure of a mechanic’s lien he filed. In response, defendants allege that the interior of their home suffered extensive water damage during the course of the work because the roof was improperly left uncovered during a rainstorm. In addition, they assert that the repair work was performed in an unworkmanlike manner requiring the hiring of another contractor to remedy it. As a result, they claim damages far in excess of the amount allegedly owed to plaintiff under the contract. The instant appeal arises from Supreme Court’s denial of plaintiffs motion for summary judgment. We affirm.

Numerous factual issues remain unresolved in the record, including inconsistencies in plaintiffs own motion papers. The contract between the parties recites that plaintiff would neither furnish nor install the materials for the job but that an independent contractor would be selected by plaintiff to do so. In contrast, plaintiffs mechanic’s lien avers that he performed the labor and furnished the materials for the job. As to plaintiff s argument that the contract bars defendants’ claims of interior *1076damage and defective workmanship because they were not timely made, such a provision does not bar challenges to the quality of the work when “those challenges are raised in the context of defending plaintiffs legal action for payment due under the contract” *(United States Fid. & Guar. Co. v Delmar Dev. Partners, LLC,*22 AD3d 1017, 1022 [2005]).

Plaintiffs remaining contentions have been considered and rejected as without merit.

Mercure, J.P., Spain, Rose and Kavanagh, JJ., concur. Ordered that the order is affirmed, with costs.
II 

Calendar No. 156

108TH CONGRESS 

1ST SESSION H. R. 981

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2003

Received; read twice and referred to the Committee on Governmental Affairs 

JUNE 20, 2003

Reported by Ms. COLLINS, without amendment 

AN ACT

To designate the facility of the United States Postal Service 

located at 141 Erie Street in Linesville, Pennsylvania, 

as the ‘‘James R. Merry Post Office’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DESIGNATION. 

4 The facility of the United States Postal Service lo5 cated at 141 Erie Street in Linesville, Pennsylvania, shall 

6 be known and designated as the ‘‘James R. Merry Post 

7 Office’’. 
2

•HR 981 RS 

1 SEC. 2. REFERENCES. 

2 Any reference in a law, map, regulation, document, 

3 paper, or other record of the United States to the facility 

4 referred to in section 1 shall be deemed to be a reference 

5 to the ‘‘James R. Merry Post Office’’. 

Calendar No. 156

108TH CONGRESS 

1ST SESSION H. R. 981

AN ACT

To designate the facility of the United States Postal Service located at 141 Erie Street in 

Linesville, Pennsylvania, as the ‘‘James R. Merry Post Office’’. 

JUNE 20, 2003

Reported without amendment
Independent Auditors' Report


The Board of Directors
Wells-Gardner Electronics Corporation:

Under date of  January 31, 1997,  we reported on  the balance sheets  of
Wells-Gardner Electronics Corporation (Company) as of December 31,  1996
and 1995,  and  the  related  statements  of  operations,  shareholders'
equity, and cash flows  for each of the  years in the three-year  period
ended December  31, 1996, as  contained in  the 1996  annual  report  to
shareholders.  These  financial statements  and our  report thereon  are
incorporated by reference in the annual report on Form 10-K for the year
1996.  In  connection with our  audits of  the aforementioned  financial
statements, we also audited the related financial statement schedule  as
listed in the accompanying index.  This financial statement schedule  is
the responsibility of the Company's  management.  Our responsibility  is
to express an opinion on this financial statement schedule based on  our
audits.

In our opinion,  such financial statement  schedule, when considered  in
relation to the basic  financial statements taken  as a whole,  presents
fairly, in all material respects, the information set forth therein.


                                     KPMG Peat Marwick LLP

Chicago, Illinois
January 31, 1997
<PAGE>
|OMB APPROVAL                                     
|-------------------------------------------------
|OMB Number: 3235-0060                            
|Expires: March 31, 2003                          
|Estimated average burden
hours per response: 1.25



UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549



FORM 8-K

Current Report

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported) February 13, 2003

VAIL RESORTS, INC.

(Exact name of registrant as specified in its charter)



|Delaware
(State or other jurisdiction of
incorporation or organization) | 1-9614
(Commission File Number) | 51-0291762
(I.R.S. Employer Identification No.)
|----------------------------------------------------------------------- | ------------------------------- | -----------------------------------------------

137 Benchmark Road Avon, Colorado 81620

(Address of principal executive offices)

Registrant's telephone number, including area code(970) 845-2500



Not Applicable

(Former name or former address, if changed since last report)







Item 5. Other Events and Regulation FD Disclosure.

This Current Report on Form 8-K is for the purpose of filing the press release, dated February 13, 2003, which is set forth in Exhibit 99 hereto.

Item 7. Financial Statements and Exhibits.

(a)	No financial statements are required to be filed with this report.

(b)	No pro-forma financial information is required to be filed with this report.

(c)	Exhibits. The following exhibits are filed herewith:

|Exhibit No. | Description                           
|----------- | --------------------------------------
|99          | Press release dated February 13, 2003.







SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Dated:	February 13, 2003



|VAIL RESORTS, INC. 
|-------------------
|                   
|                   
|By:/s/ Adam M. Aron
|Name:              
|Title:             
|                   









EXHIBIT INDEX



|Exhibit No. | Description                            | Page No.
|----------- | -------------------------------------- | --------
|99          | Press release dated February 13, 2003. | 5
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 925 Enrolled Bill (ENR)]

        H.R.925

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three

                                 An Act

 
To redesignate the facility of the United States Postal Service located 
at 1859 South Ashland Avenue in Chicago, Illinois, as the ``Cesar Chavez 
                             Post Office''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REDESIGNATION.

    The facility of the United States Postal Service located at 1859 
South Ashland Avenue in Chicago, Illinois, and known as the Pilsen Post 
Office, shall be known and designated as the ``Cesar Chavez Post 
Office''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Cesar Chavez Post Office''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
June 20, 1997



VIA EDGAR

Securities and Exchange Commission
Division of Investment Management
Judiciary Plaza
450 Fifth Street, N.W.
Washington, D.C.  20549

Re:      The AAL Mutual Funds (the "Fund")
         1933 Act Registration No. 33-12911
         1940 Act File No. 811-5075
         CIK #0000811869
         Post-Effective Amendment No. 22 to Form N-1A
         Filed in Accordance with Rule 485(b)

Ladies and Gentlemen:

This letter  relates to the Fund's  filing,  pursuant  to Rule 485(b)  under the
Securities  Act of 1933 (the "1933 Act"),  of  Post-Effective  Amendment  No. 22
under the 1933 Act and Amendment No. 24 under the Investment Company Act of 1940
(the "Amendment") to its Registration  Statement on Form N-1A (the "Registration
Statement"). The Amendment reflects changes made to the AAL U.S. Government Zero
Coupon Target Funds, Series 2001 and 2006 (the "Target Funds"). As legal counsel
to the Fund, we assisted in the preparation of the Amendment and we certify that
the Amendment does not contain any  disclosures  that would render it ineligible
to become effective automatically on June 30, 1997 pursuant to Rule 485(b) under
the 1933 Act.

The  Fund,  an  open-end  management  investment  company,  is  organized  as  a
Massachusetts  Business Trust with different series of shares,  each of which is
referred to as a fund. The Target Funds are two such series.

Please direct any questions or comments regarding this filing to the undersigned
at (414)277-5309.

Sincerely yours,

QUARLES & BRADY

/s/ Fredrick G. Lautz

Fredrick G. Lautz