alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
AMENDMENT #1 TO BUSINESS LOAN AGREEMENT


Exhibit 10.2




AMENDMENT #1 TO BUSINESS LOAN AGREEMENT




								
	Principal

	Loan Date

	Maturity

	Loan No

	Call / Coll

	Account

	Officer

	Initials


	$500,000.00

	03-28-2017

	03-28-2019

	 90-102-0892-3

	TC3

	 TC







References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations.




					
	Borrower:

	PRO-DEX, INC.

2361 MCGAW AVENUE

IRVINE, CA  92614

	Lender:

	Farmers and Merchants Bank of Long Beach, a CA Corp

Lake Forest Office

23772 Rockfield Boulevard

Lake Forest, CA  92630


	 
	 
	 
	 






The undersigned hereby acknowledges and agrees to the following amendments to that certain Business Loan Agreement between Borrower and Lender dated 03-28-2017 (“Agreement”).




DEFINITIONS:   Capitalized terms not defined in this Amendment shall have the meaning given to such terms in the Agreement.




Effective as of 04-06-2018 the Agreement is hereby modified as follows:


(a)

Item “(3)” located in the “Additional Requirements” sub-paragraph of the “Financial Statements” paragraph under the “Affirmative Covenants” section is hereby modified as follows:

(3) As soon as available, but in no event later than 45 days after the end of each half-year, the following reports, prepared by the Borrower, in a form and substance acceptable to Lender:

(A) Accounts Receivable Aging

(B) Accounts Payable Aging


(b)

The “Working Capital Requirements” sub-paragraph located under the “Financial Covenants and Ratios” section is hereby restated in its entirety as follows:

Working Capital Requirements.   Maintain Working Capital in excess of $750,000.00, to be measured after the end of each quarter.




Except as provided above, all computations made to determine compliance with the requirements contained in this paragraph shall be made in accordance with generally accepted accounting principles, applied on a consistent basis, and certified by Borrower as being true and correct.




All other provisions of the Agreement are to remain unchanged and in full force and effect.




PRIOR TO SIGNING THIS AMENDMENT, EACH BORROWER ACKNOWLEDGES THEY HAVE READ AND UNDERSTOOD ALL THE PROVISIONS THEREOF, AND EACH BORROWER AGREES TO THE TERMS OF THE AMENDMENT.  THIS AMENDMENT TO BUSINESS LOAN AGREEMENT IS DATED April 6, 2018.




BORROWER:







PRO-DEX, INC.




					
	By:

	/s/ Richard VanKirk

	 
	By:

	/s/ Alisha Charlton


	RICHARD LEE VANKIRK, JR., President of 

PRO-DEX, INC.

	 
	ALISHA KRISTIN CHARLTON, CFO & Secretary of 

PRO-DEX, INC.







LENDER:







FARMERS AND MERCHANTS BANK OF LONG BEACH, A CA CORP




		
	By: 

	/s/ Tony Craig


	Tony Craig, Vice President
I 

112TH CONGRESS 

1ST SESSION H. R. 3248 

To designate the facility of the United States Postal Service located at 

112 South 5th Street in Saint Charles, Missouri, as the ‘‘Lance Corporal 

Drew W. Weaver Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 24, 2011 

Mr. AKIN (for himself, Mr. CLAY, Mr. CARNAHAN, Mrs. HARTZLER, Mr. 

CLEAVER, Mr. GRAVES of Missouri, Mr. LONG, Mrs. EMERSON, and Mr. 

LUETKEMEYER) introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 112 South 5th Street in Saint Charles, Missouri, as the ‘‘Lance Corporal Drew W. Weaver Post 

Office Building’’. 

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

3 SECTION 1. LANCE CORPORAL DREW W. WEAVER POST OF4 FICE BUILDING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 112 South 5th Street in Saint 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 3248 IH

1 Charles, Missouri, shall be known and designated as the 

2 ‘‘Lance Corporal Drew W. Weaver Post Office Building’’. 

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United 

5 States to the facility referred to in subsection (a) shall 

6 be deemed to be a reference to the ‘‘Lance Corporal Drew 

7 W. Weaver Post Office Building’’. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          APR-30-1998
<PERIOD-END>                               JUL-31-1997
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   1,332
<CURRENT-LIABILITIES>                            2,966
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         8,025
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                     1,332
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (1,635)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,635)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0    
        

</TABLE>
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 46413

STATE OF IDAHO,

Plaintiff-Respondent,

v.

MICHAEL DAVID MURPHY,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

Filed: May 8, 2019

Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada

County. Hon. Jason D. Scott, District Judge. 

Order denying Idaho Criminal Rule 35 motion to correct illegal 

sentence, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Reed P. Anderson, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

________________________________________________

Before GRATTON, Chief Judge; HUSKEY, Judge;

and LORELLO, Judge

________________________________________________

PER CURIAM

Michael David Murphy pleaded guilty to three counts of rape, Idaho Code § 18-6101, and 

one count of robbery, I.C. § 18-6501. The district court imposed a concurrent life sentence, with 

forty years determinate, for each count. 

In 2018, Murphy filed a second I.C.R. 35 motion for correction of an illegal sentence, 

asserting that his sentence is illegal because his due process right was violated because 

exculpatory evidence of mental health and brain development was not presented to the district 

court prior to his sentencing and because his trial counsel did not notify Murphy that he did not 
2

have to participate in the presentence investigation process. The district court denied Murphy’s 

motion, finding that Murphy’s sentence is not illegal. Murphy appeals.

In State v. Clements, 148 Idaho 82, 87, 218 P.3d 1143, 1148 (2009), the Idaho Supreme 

Court held that the term “illegal sentence” under Rule 35 is narrowly interpreted as a sentence 

that is illegal from the face of the record, i.e., does not involve significant questions of fact or 

require an evidentiary hearing. Rule 35 is a “narrow rule,” and because an illegal sentence may 

be corrected at any time, the authority conferred by Rule 35 should be limited to uphold the 

finality of judgments. State v. Farwell, 144 Idaho 732, 735, 170 P.3d 397, 400 (2007). Idaho 

Criminal Rule 35 is not a vehicle designed to reexamine the facts underlying the case to 

determine whether a sentence is illegal; rather, the rule only applies to a narrow category of cases 

in which the sentence imposes a penalty that is simply not authorized by law or where new 

evidence tends to show that the original sentence was excessive. Clements, 148 Idaho at 87, 218 

P.3d at 1148. 

The record supports the district court’s finding that Murphy’s sentence is not illegal. 

Therefore, the district court properly denied Murphy’s motion. Accordingly, we conclude no 

abuse of discretion has been shown and the district court’s order denying Murphy’s I.C.R. 35 

motion is affirmed.
<PAGE>   1
                                                                   EXHIBIT 12.0

                            APS HOLDING CORPORATION
                    COMPUTATION OF EARNINGS TO FIXED CHARGES
                                 (IN THOUSANDS)


<TABLE>
<CAPTION>
                                         YEAR ENDED   YEAR ENDED    YEAR ENDED    YEAR ENDED    YEAR ENDED
                                         JANUARY 25,  JANUARY 27,   JANUARY 28,   JANUARY 29,   JANUARY 30,
                                             1997         1996          1995         1994          1993
                                          -------     ----------     -----------  -----------  ------------
<S>                                       <C>            <C>           <C>          <C>          <C>     
Earnings before interest expense                                                                          
   and income taxes                       $11,213        $30,939       $38,372       $26,144      $20,477 
Portion of operating rents deemed                                                                         
   representative of an interest factor     9,597          5,745         3,780         2,858        2,618 
                                          -------        -------       -------       -------      ------- 
                                                                                                          
Earnings before fixed charges             $20,810        $36,684       $42,152       $29,002      $23,095 
                                          =======        =======       =======       =======      ======= 
                                                                                                          
                                                                                                          
Interest expense                          $27,296        $16,256       $10,500       $22,039      $25,875 
Portion of operating rents deemed                                                                         
   representative of an interest factor     9,597          5,745         3,780         2,858        2,618 
                                          -------        -------       -------       -------      ------- 
                                                                                                          
Fixed charges                             $36,893        $22,001       $14,280       $24,897      $28,493 
                                          =======        =======       =======       =======      ======= 
                                                                                                          
                                                                                                          
Earnings to fixed charges                     0.6            1.7           3.0           1.2          0.8 
                                          =======        =======       =======       =======      ======= 
</TABLE>
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED December 17, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-50495 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus RAYMONDO CONTRERAS-VELASQUEZ, also known as Ernesto Contreras, also known as Javier Ramirez, also known as Javier Ramirez Contreras, also known as Raymundo Leon Contreras, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 1:04-CR-19-ALL-SS

-------------------- Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.

PER CURIAM: * Appealing the Judgment in a Criminal Case, Raymondo Contreras-Velasquez raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense, and by United States v. Pineiro , 377 F.3d 464, 465-66 (5th Cir. 2004), petition for cert. filed (U.S. July 14, 2004) (No. 04-5263), which held that Blakely v. Washington , 124 S. Ct. 2531 (2004),No. 04-50495 -2- does not apply to the United States Sentencing Guidelines. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
**Exhibit 31.2****CERTIFICATION PURSUANT TO SECTION 302 OF THESAR BANES-OXLEY ACT OF 2002**I, Hongmei Zhang, the Finance Manager of Asia Premium Television Group, Inc.(the “Company”),certify that:1. I have reviewed this annual report on Form 10-K of the Company;2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to theperiod covered by this report;3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;4. As the registrant’s certifying officer, I am responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d15(e)) for the registrant and I have:a) designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in whichthis report is being prepared;b) designed such internal control over financial reporting, or caused suchinternal control over financial reporting to be designed under my supervision, to providereasonable assurance regarding the reliability of financial reporting and thepreparation of financial statements for external purposes in accordance with generallyaccepted accounting principles;c) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this report based onsuch evaluation; andd) disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the period covered by this report that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting.5. As the registrant’s certifying officer, I have disclosed, based on my most recent evaluation\of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent function):a) all significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financialinformation; andb) any fraud, whether or not material, that involves management or other employees who havea significant role in the registrant’s internal control over financial reporting.Date:December 31, 2007         /s/ Hongmei Zhang   Hongmei Zhang  Finance Manager
EXHIBIT 32.1

 

CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

 

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as Co-Chairman and Chief Executive Officer of Optimal Group Inc. (the “Company”), does hereby certify that to the best of the undersigned’s knowledge:

 
| 1) | the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2005 (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. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 
| Dated: May 4, 2005 | /s/ Neil S. Wechsler |  
 
Neil S. Wechsler

 
 
Co-Chairman and

 
 
Chief Executive Officer

 

 

The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being filed as part of this report or as a separate disclosure document.

 

 

 

 

  |
|--------------------|----------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
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 on Form 10-Q of
Digital Lightwave, Inc. (the Company) for the quarter ended June 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the report), I James Green, Chief Executive Officer and Chief Accounting
Officer and Principal 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 results of operations of the Company.



A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon
request.



|                       |  |     |  |                                                       
|---------------------- |  | --- |  | ------------------------------------------------------
|Dated: August 16, 2004 |  | By: |  | /s/ James Green                                       
|                       |  |     |  | James Green                                           
|                       |  |     |  | Chief Executive Officer and President                 
|                       |  |    
|Dated: August 16, 2004 |  | By: |  | /s/ James Green                                       
|                       |  |     |  | James Green                                           
|                       |  |     |  | Chief Accounting Officer (Principal Financial Officer)
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Notices]
[Page 45613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20947]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-392]


Bulk Manufacturer of Controlled Substances Application: Research 
Triangle Institute

ACTION: Notice of application.

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

DATES: Registered bulk manufacturers of the affected basic classes, and 
applicants therefore, may file written comments on or objections to the 
issuance of the proposed registration on or before November 28, 2017.

ADDRESSES: Written comments should be sent to: Drug Enforcement 
Administration, Attention: DEA Federal Register Representative/DRW, 
8701 Morrissette Drive, Springfield, Virginia 22152.

SUPPLEMENTARY INFORMATION: The Attorney General has delegated his 
authority under the Controlled Substances Act to the Administrator of 
the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority 
to exercise all necessary functions with respect to the promulgation 
and implementation of 21 CFR part 1301, incident to the registration of 
manufacturers, distributors, dispensers, importers, and exporters of 
controlled substances (other than final orders in connection with 
suspension, denial, or revocation of registration) has been redelegated 
to the Assistant Administrator of the DEA Diversion Control Division 
(``Assistant Administrator'') pursuant to section 7 of 28 CFR part 0, 
appendix to subpart R.
    In accordance with 21 CFR 1301.33(a), this is notice that on March 
31, 2017, Research Triangle Institute, 3040 East Cornwallis Road, 
Hermann Building, Room 106, Research Triangle Park, North Carolina 
27709-2194 applied to be registered as a bulk manufacturer of the 
following basic classes of controlled substances:

------------------------------------------------------------------------
                                           Drug
          Controlled substance             code          Schedule
------------------------------------------------------------------------
Marihuana..............................     7360  I
Tetrahydrocannabinols..................     7370  I
------------------------------------------------------------------------

    The company will manufacture marihuana (7360) and 
tetrahydrocannabinols (7370) for use by their researchers under the 
above listed controlled substances as Active Pharmaceutical Ingredient 
(API) for clinical trials.
    In reference to drug code (7370) the company plans to bulk 
manufacture a synthetic tetrahydrocannabinol. No other activities for 
this drug code are authorized for this registration.

    Dated: September 21, 2017.
Demetra Ashley,
Acting Assistant Administrator.
[FR Doc. 2017-20947 Filed 9-28-17; 8:45 am]
BILLING CODE 4410-09-P