alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.32 PROMISSORY
NOTE $29,000.00
    Executed
      at Broward County, Florida
      November 18, 2004  FOR
VALUE RECEIVED,  Le@p Technology,  Inc., a Delaware  corporation with a principal place
of business at 5601 N. Dixie Highway, Suite 411, Fort Lauderdale, Florida 33334 (Maker),
promises to pay to the order of the M. Lee Pearce, M.D. (the Payee), the
principal sum of TWENTY-NINE THOUSAND DOLLARS AND NO CENTS ($29,000.00), together with
interest at the Prime Rate (as hereinafter defined), as announced from time
to time, due and payable in one lump sum of principal and interest on March 15, 2006.
Prime Rate shall mean the prime commercial lending rate set forth in the
Money Rates section of The Wall Street Journal, as announced from time
to time. Principal and interest shall be payable to the Payee at the following address:
16 La Gorce Circle, Miami Beach, FL 33141, or such other place as the Payee may
designate. This
Promissory Note (this Note) is issued subject to the following additional
terms and conditions: 1.
Type of Payment. Payment of both principal and interest shall be made in
currency of the United States of America which at the time of payment shall be legal
tender for the payment of public and private debts. 2.
Manner of Payment. Payment shall be made to Payee at the Payees address
set forth above or such other place as Payee may designate in writing. 3.
Interest on Overdue Payments. From and after the date which is fifteen (15)
days after the date upon which any payment of principal hereunder becomes due and
payable, if the same is not timely paid, interest shall be payable on all sums
outstanding hereunder at fifteen percent (15%) per annum. 4.
Miscellaneous. (A)
       This Note shall be binding upon the Maker and its successors and assigns. (B)
       If any  provision  hereof  shall be held invalid or  unenforceable  by any court
of competent jurisdiction or as a result of future legislative action, such holding or
action shall be strictly construed and shall not affect the validity or effect of any
other provision hereof. (C)
       The validity,  interpretation  and effect of this Note shall be exclusively
 governed by, and construed in accordance with, the laws of the State of Florida,
excluding the conflict of laws rules thereof. (D)
       This Note may not be amended or  modified,  nor shall any waiver of any  provision
 hereof be effective, except by an instrument in writing executed by the Maker and Payee. (E)
       In case suit shall be brought for the collection  hereof,  or if it is necessary
to place the same in the hands of an attorney for collection, the Maker agrees to pay
reasonable attorneys fees and costs for making such collections.    IN
WITNESS WHEREOF, the Maker has caused this Note to be executed as of the day and year
first above written.


LE@P TECHNOLOGY,
      INC.
      By:      /s/ Timothy C. Lincoln
             
      
      Name: Timothy C. Lincoln
      Acting Principal Executive Officer
<TABLE> <S> <C>

                                                         
<ARTICLE> 5
<LEGEND>

THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) THE
THERATECH, INC. CONSOLIDATED BALANCE SHEET AND STATEMENT OF OPERATIONS FOR THE
NINE MONTHS ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH (B) FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                      16,135,346
<SECURITIES>                                 9,996,368
<RECEIVABLES>                                7,077,414
<ALLOWANCES>                                    91,034
<INVENTORY>                                  2,129,213
<CURRENT-ASSETS>                            35,576,808
<PP&E>                                      26,987,844
<DEPRECIATION>                               7,739,545
<TOTAL-ASSETS>                              57,596,196
<CURRENT-LIABILITIES>                        7,344,156
<BONDS>                                      7,560,666
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       209,506
<OTHER-SE>                                  41,269,868
<TOTAL-LIABILITY-AND-EQUITY>                57,596,196
<SALES>                                     10,680,235
<TOTAL-REVENUES>                            29,092,464
<CGS>                                        7,559,779
<TOTAL-COSTS>                               24,514,254
<OTHER-EXPENSES>                                34,315
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             680,910
<INCOME-PRETAX>                              3,862,985
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          3,862,985
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,862,985
<EPS-PRIMARY>                                     0.18
<EPS-DILUTED>                                     0.18
        

</TABLE>
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15** 
**- 1062** 

ANTHONY E. WHITE ,
Plaintiff

- Appellant ,

v.

CATERPILLAR LOGISTICS, INC. ,
Defendant

- Appellee

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. James C. Fox , Senior District Judge. ( 5:13

- cv
- 00684

- F )

Submitted : May 28, 2015 Decided: August 14, 2015

Before SHEDD, FLOYD, and THACKER , Circuit Judges.

Affirmed by un published per curiam opinion

.

Anthony E. White, Appellant Pro Se. Christina Forte Meddin, John Thomas Murray, SEYFARTH SHAW, LLP, Atlanta, Georgia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Anthony E. White appeals the d istrict court ’ s order d enying

relief on h is racial discrimination and retaliation claims filed
pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C.

§§ 2000e to 2000e

- 17 (2012)

. * We have reviewed the record and

find no reversible error. Accord ingly, we affirm for the
reasons stated by the district court. White v. Caterpillar
Logistics, Inc. , No. 5:13

- cv
- 00684

- F (E.D.N.C. Dec. 16, 2014)

. We dispense with oral argument because the facts and legal
contentions are adequately presented in the mate rials before

th is court and argument would not aid the decisional process.

AFFIRMED

* On appeal, White does not contest the district court’s disposition of his racial harassment and failure to hire or promote claims. He has therefore forfeited appellate review of those claims. See 4th Cir. R. 34(b); Wahi v. Charleston Area Med. Ctr., Inc

. , 562 F.3d 599, 607 (4th Cir. 2009) (limiting appellate review to arguments raised in the brief ).
Exhibit 3(a)
                                
                     NORTH SHORE GAS COMPANY

                   RESOLVED, That, effective as of the
          close of business on August 31, 1997, the By-
          Laws of the Company be, and they hereby are,
          amended by replacing Section 3.1 of Article
          III of the By-Laws in its entirety with the
          following:
          
                           ARTICLE III
                    Directors and Committees

                   SECTION 3.1.   Number and Election.
          The business and affairs of the Company shall
          be managed and controlled by a board of
          directors, five (5) in number, none of whom
          needs to be a shareholder.  The directors
          shall be elected by the shareholders entitled
          to vote at the annual meeting of such
          shareholders and each director shall be
          elected to serve for a term of one (1) year
          and thereafter until his successor shall be
          elected and shall qualify.  The Board of
          Directors may fill one or more vacancies
          arising between meetings of shareholders by
          reason of an increase in the number of
          directors or otherwise.
                   
                   RESOLVED FURTHER, That the
          Secretary of the Company be, and he hereby
          is, directed to initial a copy of the amended
          By-Laws presented at this meeting and place
          it with the important papers of this meeting.
Exhibit 32.2

OLD DOMINION ELECTRIC COOPERATIVE

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 Old Dominion Electric Cooperative (the Company) on Form 10-Q for the period ending
June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert L. Kees, Senior Vice President and 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:

(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 result of operations of the Company.

Date: August 13, 2009



/s/ ROBERT L. KEESRobert L. KeesSenior Vice President and Chief Financial Officer(Principal financial officer)




30
exv4w2






Exhibit 4.2




COMPANY ORDER



Pursuant to the provisions of the Indenture dated October 23, 1995 between Advanta Corp. (the
“Company”) and The Bank of New York Mellon (as successor to JPMorgan Chase Bank (formerly, The
Chase Manhattan Bank, N.A.)), successor trustee, the Company hereby issues this Company Order to be
effective concurrent with the effective date of the Registration Statement on Form
S-3 being filed with the Securities and Exchange Commission on or
about March 12, 2009.



The terms and conditions applicable to the following securities shall be as set forth in the
Company’s prospectus, and any applicable prospectus supplement, relating to such securities:



RediReserve Variable Rate Certificates



Investment Notes with Maturities of 91 Days to Ten Years




	 	 	 	 	 	 	 	 	 
	 	 	 	 	Advanta Corp.	 	 
	 
	 	 	 	 	 	 	 	 
	Dated
as of March 12, 2009

	 	 	 	By:
	 	/s/ Philip M. Browne
 

Philip M. Browne
	 	 
	[Corporate Seal]

Officer

	 	 	 	 	 	Senior Vice President and Chief Financial	 	 
	 
	 	 	 	 	 	 	 	 
	 

	 	 	 	By:
	 	/s/ Jay A. Dubow	 	 
	 

	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	Jay A. Dubow 


Secretary	 	 
	 
	 	 	 	 	 	 	 	 
	 

	 	 	 	Attest:
	 	/s/ Liane Browne	 	 
	 

	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	Liane Browne

Assistant Secretary
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 -- Click here to rapidly navigate through this document




































 



 
 

  Exhibit 10.8    
    


 
    2009 AMENDMENT TO EMPLOYMENT AGREEMENT    
    


        This 2009 Amendment to Employment Agreement (this "Amendment"), entered into the fourth
day of February, 2009, effective as of January 1, 2009, is by and between Dynamic Materials Corporation, a Delaware corporation (the "Company"),
and John G. Banker, a resident of the State of Colorado ("Executive"). This Amendment amends the Employment Agreement dated April 23, 2008 to be
effective as of January 1, 2008, between the Company and Executive (the "Agreement"). 



        In
consideration of the foregoing and the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows: 


        1.     Term.    Section 3 of the Agreement is hereby amended by replacing "2008" with
"2009" in both occurrences. 


        2.     Salary.    Section 4(a) of the Agreement is hereby amended by replacing
"$275,000" with "$284,625." 


        3.     Non-discretionary Annual Bonus.    Section 4(b) of the Agreement is
hereby amended to read in its entirety as follows: 



        (b)   Bonus.    Executive shall be eligible to receive a non-discretionary annual bonus equal to an
amount equal to 1.0% of the Company's 2009 net income up to an amount equal to 125% of such Executive's Salary and thereafter 0.5% of the company's 2009 net income. Executive shall also be eligible to
receive a discretionary annual bonus in an amount up to 20% of Executive's Salary. The discretionary bonus will be determined based on performance goals and rules established by the compensation
committee. The bonus and discretionary bonus, if any, will be payable before march 15, 2010. Executive is not guaranteed any bonus payment. 




        4.     Miscellaneous.    All other provisions of the Agreement shall remain effective. 


        In
witness whereof, the parties have executed this Amendment as of the date set forth above. 



					
	 
	 	DYNAMIC MATERIALS CORPORATION
	 
	 	 By:
	 	 /s/ YVON CARIOU







  Yvon Cariou
 President and Chief Executive Officer
	 Dated: February 4, 2009
	 	 EXECUTIVE

	 
	 	 /s/ JOHN G. BANKER







  John G. Banker














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Exhibit 10.8


2009 AMENDMENT TO EMPLOYMENT AGREEMENT
Exhibit 31.2

CERTIFICATION OF THE CHIEF FINANCIAL OFFICER

I,
Robert S. Vaters, Executive Vice President and Chief Financial Officer of Inamed Corporation (the "Registrant"), certify that:

1.     I
have reviewed this annual report on Form 10-K of the Registrant;

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 officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the Registrant and have:



5.     The
Registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Registrant's
auditors and the audit committee of Registrant's board of directors:



Dated:
March 15, 2004

/s/
Robert S. Vaters
Robert S. Vaters, Executive Vice President and Chief Financial Officer
(Principal Financial Officer)

---

QuickLinks
EXHIBIT
23 – CONSENT OF DELOITTE & TOUCHE LLP





Consent
of Independent Registered Public Accounting Firm





We
consent to the incorporation by reference in Registration Statement No.
333-59290 on Form S-8, Registration Statement No. 333-120643 on Form S-4,
Registration Statement No. 333-130292 on Form S 3ASR, and Registration Statement
No. 333-133595 on Form S-8 of our reports dated February 25, 2008, relating to
the financial statements and financial statement schedules of Frontier Oil
Corporation (which included an explanatory paragraph regarding the Company’s
adoption of Financial Accounting Standards Board (“FASB”) Interpretation No. 47,
Accounting for Conditional Asset Retirement Obligations), and the effectiveness
of Frontier Oil Corporation’s internal control over financial reporting,
appearing in this Annual Report on Form 10-K of Frontier Oil Corporation for the
year ended December 31, 2007.





DELOITTE
& TOUCHE LLP





Houston,
Texas


February
25, 2008
No. 1071.

#### Carpenter et al. *v.*Title Insurance & Trust Co.

May 20, 1946.

Petition for writ of certiorari *848to the District Court of Appeal, 2d Appellate District, of California, denied.

*A. L. Wirin*for petitioners.

*Archibald H. Vernon*and *Gilbert E. Harris*for respondent.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 7180** 

MARK E. RICHARDS , Plaintiff

- Appellant ,

v. WENDY K. BROWN, Manager, Court and Legal Services Section, Virginia Department of Corrections, sued individual and official capacity; GARY L. BASS, Chief of Operations, Virginia Department of Corrections, sued individual and official capacity; LESLIE RITENOUR, Legal Researcher, Court and Legal Services Section, Virginia Department of Corrections, sued individual and of ficial capacity , Defendants

- Appellees

.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond

. Robert E. Payne , Senior District Judge. ( 3:11

- cv
- 00426

- REP )

Submitted : October 22 , 2013 Decided: October 25, 2013

Before WILKINSON, NIEMEYER, and THACKER , Circuit Judges.

Affirmed by un published per curiam opinion

.

Mark E. Richards, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Mark E. Ric hards appeals the district court ’ s order s accepting the recommendation of the magistrate judge and
dismissing as frivolous his complaint and denying his motion

submitted under Fed. R. Civ. P. 59. We have reviewed the record

and find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. Richards v. Brown , No.

3:11

- cv
- 00426

- REP (E.D. Va. Sept. 18, 2012; June 26, 2013). We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before

th is court and argument would not aid the decisional process.

AFFIRMED
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

YOUNG WOMEN’S CHRISTIAN

ASSOCIATION OF EL PASO

DEL NORTE,

Appellant,

v.

JEREMY JORDAN,

Appellee. §

§

§

§

§

§ No. 08

- 14

- 00302

- CV

Appeal from

County Court at Law No. 3

of El Paso County, Texas

(TC # 2014

- DCV1190)

J U D G M E N T

The Court has considered this cause on Appellant = s motion to dismiss and concludes the

motion should be granted and the appeal should be dismissed, in accordance with the opinion of

this Court. We therefore dismiss the appeal. We further order costs be assessed against the party

incurring same. We further order that this decision be certified below for ob servance.

IT IS SO ORDERED THIS 15 TH DAY OF MAY , 2015.

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ.

Hughes, J., not participating
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<EXCHANGE-RATE>                                      1
<CASH>                                           6,075
<SECURITIES>                                    41,310
<RECEIVABLES>                                    7,044
<ALLOWANCES>                                         0
<INVENTORY>                                      5,245
<CURRENT-ASSETS>                                61,324
<PP&E>                                           7,169
<DEPRECIATION>                                  14,833
<TOTAL-ASSETS>                                  71,100
<CURRENT-LIABILITIES>                           14,417
<BONDS>                                              0
<COMMON>                                            92
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      56,531
<TOTAL-LIABILITY-AND-EQUITY>                    71,100
<SALES>                                          8,151
<TOTAL-REVENUES>                                10,865
<CGS>                                            4,503
<TOTAL-COSTS>                                    6,185
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (464)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (464)
<EPS-PRIMARY>                                   (0.05)
<EPS-DILUTED>                                   (0.05)
        

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

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               SEP-30-1996
<EXCHANGE-RATE>                                      1
<CASH>                                           7,125
<SECURITIES>                                    12,681
<RECEIVABLES>                                   11,676
<ALLOWANCES>                                         0
<INVENTORY>                                      6,064
<CURRENT-ASSETS>                                38,012
<PP&E>                                           2,718
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  42,958
<CURRENT-LIABILITIES>                            7,925
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        40,057
<OTHER-SE>                                     (5,024)
<TOTAL-LIABILITY-AND-EQUITY>                    42,958
<SALES>                                         12,910
<TOTAL-REVENUES>                                12,910
<CGS>                                            5,800
<TOTAL-COSTS>                                    5,800
<OTHER-EXPENSES>                                 6,103
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  1,207
<INCOME-TAX>                                       139
<INCOME-CONTINUING>                              1,068
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,068
<EPS-PRIMARY>                                     0.10
<EPS-DILUTED>                                     0.10
        

</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6343

ANTHONY RAY FLEMING, Petitioner - Appellant, versus UNITED STATES OF AMERICA; FEDERAL BUREAU OF PRISONS; KATHLEEN HAWK SAWYER; J. R. JAMES,Warden, Federal Correctional Institution Butner, Satellite Camp, Respondents - Appellees.Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, District Judge. (CA-99-827-5-F) Submitted: July 13, 2000 Decided: July 24, 2000 Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. Anthony Ray Fleming, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Anthony Ray Fleming appeals the district court’s order denying relief on his 28 U.S.C. § 2241 (1994) petition. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Fleming v. United States , No. CA-99-827-5-F (E.D.N.C. Feb. 9, 2000). 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.

AFFIRMED