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



Exhibit 10.1



March 11, 2018
NINTH AMENDMENT TO PROMISSORY NOTE
This Ninth Amendment to Promissory Note (this ‘'Amendment”) is to be effective as of the close of business March 11, 2018, or as otherwise stated herein.
WHEREAS, the undersigned are parties to that certain Promissory Note (as the same has been and may be hereafter renewed, amended, modified, or extended, the “Note”) dated as of March 12, 2009 in the original amount of $12,910,386.14, made by WEINGARTEN REALTY INVESTORS (“Weingarten”), a Texas real estate investment trust, and payable to the order of RELIANCE TRUST COMPANY, as Trustee of the Master Nonqualified Plan Trust under the Weingarten Realty Investors Supplemental Executive Retirement Plan and Weingarten Realty Investors Retirement Benefit Restoration Plan (“Reliance”); and
WHEREAS, the scheduled maturity date of the Note is March 12, 2018; and
WHEREAS, the parties desire to extend the maturity date under the Note to a date one year from the date of its currently-scheduled maturity; and
WHEREAS, the parties desire to amend the Note to reflect this change and desire to memorialize the outstanding balance due under the Note as of March 11, 2018;
NOW, THEREFORE, it is agreed:
1.The second paragraph of the Note shall be revised to be and read as follows:
“The entire unpaid balance of the Note, including accrued interest, shall be due and payable March 12, 2019.”
		
	2.
	As of the close of business March 11, 2018, the balance due under the Note, including accrued interest, is $7,710,818.03.


In all other respects, the Note is hereby ratified and confirmed.
This instrument may be executed by the parties individually or in combination, in one or more counterparts, each of which shall be an original and all of which shall together constitute one and the same instrument. Individuals authorized to enter into this amendment on behalf of Weingarten are identified on Exhibit A hereto.










Ninth Amendment to Promissory Note-1




    


                       

















	
		
	 
	RELIANCE TRUST COMPANY

	 
	 

	By:
	/s/ Kimberly Lowe

	Its (Title):
	SVP

	Date:
	2/23/2018

	 
	 




	
		
	 
	WEINGARTEN REALTY INVESTORS

	 
	 

	By:
	/s/ Stephen C. Richter

	Its (Title):
	Executive VP / CFO

	Date:
	2/20/2018

	 
	 








 




Ninth Amendment to Promissory Note-2










Exhibit A
Individuals Authorized to Enter into the Ninth Amendment to Promissory Note on behalf of Weingarten
Andrew M. Alexander
Stephen C. Richter


Ninth Amendment to Promissory Note-3
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

In the Interest of J.F., J.L ., and J.N.,

Children

No. 06

- 15

- 00033

- CV Appeal from the 196th District Court of Hunt County, Texas (Tr. Ct. No. 80884 ). Opinion delivered by Jus tice Burgess, Chief

Justice Morriss and Justice Moseley participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court

below

. We affirm the judgment of the trial court.

We note that the appellant has adequately indicated h er inability to pay costs of appeal.

Therefore, we waive payment of costs.

RENDERED NOVEMBER 1 9 , 2015

BY ORDER OF THE COURT
JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk
* Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-20733

Summary Calendar

 

ANTHONY ATKINS,

Plaintiff-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS

DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION; HASSEL R. TERRY,

Warden; STELLA L. WILKERSON; CHERRYL J. PAULK,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. CA-H-94-3604

- - - - - - - - - -

April 25, 1997

Before JONES, DeMOSS and PARKER, Circuit Judges.

PER CURIAM:*

Anthony Atkins, Texas state prisoner # 560931, requests

permission to proceed in forma pauperis (IFP) in the appeal of

the denial of his 42 U.S.C. § 1983 lawsuit. On January 9, 1997,

Chief Judge Politz ordered Atkins to file an affidavit for leave

to proceed IFP on appeal pursuant to the Prison Litigation Reform

Act of 1995 (PLRA). The order held Atkins’ appeal in abeyance
No. 96-20733

- 2 -

for 30 days pending payment of the $105 filing fee or submittal

of the required documents pursuant to the PLRA. Atkins timely

responded; however, the documentation submitted by Atkins does

not comply with the requirements imposed by the PLRA because he

did not submit information regarding his prison trust account for

the required six-month period. See § 1915(a), (b). Accordingly,

Atkins’s motion for leave to proceed IFP on appeal is DENIED, and

his appeal is dismissed for want of prosecution. See 5th Cir.

R. 42.3. Should Atkins wish to reinstate his appeal, he is

instructed to pay the $105 filing fee to the clerk of the

district court within 30 days from the date of this order. 

MOTION DENIED. APPEAL DISMISSED.
<PAGE>
                                                                   Exhibit 31.2

                Written Certification of Chief Financial Officer
            Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

I, Graham B. Perkins, certify that:

1. I have reviewed this quarterly report on Form 10-Q of LCC International,
Inc.;

2. Based on my knowledge, this quarterly 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 quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly report;

4. The registrant's other certifying officers 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:

a) designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this quarterly report is being prepared;

b.) evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this quarterly report based on such evaluation; and

c) disclosed in this quarterly report any change in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter (the registrant's fourth fiscal quarter in the case of the
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5. The registrant's other certifying officers 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 the registrant's board of
directors (or persons performing the equivalent function):

a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.



Date: October 24, 2003

/s/ Graham B. Perkins
--------------------------------------------
Graham B. Perkins
Senior Vice President, Chief Financial
Officer and Treasurer
**Exhibit** **32.2**

 

**ANTARES PHARMA, INC.**

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

**PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)**

 

The undersigned, Robert F. Apple, the Chief Financial Officer of Antares Pharma, Inc. (the “Company”), has executed this Certification in connection with the filing with the Securities and Exchange Commission of the Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended June 30, 2007 (the “Report”).

 

The undersigned hereby certifies 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. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

IN WITNESS WHEREOF, the undersigned has executed this Certification as of the 13th day of August, 2007.

 

|   |   |   |   | /s/ Robert F. Apple                                                |
|--------|--------|--------|--------|--------------------------------------------------------------------|
|   |   |   |   | Robert F. Apple

Senior Vice President and Chief Financial Officer |
|   |   |   |   |                                                               |
<TABLE> <S> <C>


<ARTICLE>                     5

       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                           DEC-31-1996
<PERIOD-END>                                JUN-30-1996
<CASH>                                          232,525
<SECURITIES>                                          0
<RECEIVABLES>                                         0
<ALLOWANCES>                                          0
<INVENTORY>                                           0
<CURRENT-ASSETS>                                233,525
<PP&E>                                           49,783
<DEPRECIATION>                                        0
<TOTAL-ASSETS>                                1,204,666
<CURRENT-LIABILITIES>                         1,157,269
<BONDS>                                               0
<PREFERRED-MANDATORY>                         1,916,633
<PREFERRED>                                           0
<COMMON>                                         20,766
<OTHER-SE>                                   (1,929,950)
<TOTAL-LIABILITY-AND-EQUITY>                  1,204,666
<SALES>                                               0
<TOTAL-REVENUES>                                  3,134
<CGS>                                                 0
<TOTAL-COSTS>                                   296,683
<OTHER-EXPENSES>                                      0
<LOSS-PROVISION>                                      0
<INTEREST-EXPENSE>                              363,469
<INCOME-PRETAX>                                (657,018)
<INCOME-TAX>                                          0
<INCOME-CONTINUING>                            (657,018)
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                   (657,018)
<EPS-PRIMARY>                                     (0.14)
<EPS-DILUTED>                                     (0.14)
        


</TABLE>
**EXHIBIT 32.2**

 

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 Treasurer and Chief Financial 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 September 30, 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: November 9, 2005 | /s/ Gary S. Wechsler |  
 

Gary S. Wechsler

 
 

Treasurer and

 
 

Chief Financial 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.

 

 

 

 

  |
|-------------------------|----------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
<PAGE>
 
                                                                      EXHIBIT 11
                                                                                
                            ATRIA COMMUNITIES, INC.
                    COMPUTATION OF EARNINGS PER COMMON SHARE
               FOR THE THREE MONTHS ENDED MARCH 31, 1998 AND 1997
                                  (UNAUDITED)
                    (IN THOUSANDS, EXCEPT PER SHARE AMOUNTS)
                                        
                                                               Quarter
                                                        ----------------------
                                                         1998           1997
                                                        -------        -------
BASIC EARNINGS PER COMMON SHARE:
 
Net income...........................................   $ 2,567        $ 1,578
                                                        =======        =======
                                                     
Shares used in the computation:                      
  Weighted average shares outstanding................    23,378         15,830
                                                        =======        =======
                                                     
                                                     
Basic earnings per common share......................   $  0.11        $  0.10
                                                        =======        =======
                                                     
DILUTED EARNINGS PER COMMON SHARE:                   
                                                     
Net income...........................................   $ 2,567        $ 1,578
                                                        =======        =======
                                                     
Shares used in the computation:                      
  Weighted average common shares outstanding.........    23,378         15,830
  Dilutive effect of common stock options............       556            157
                                                        -------        -------
                                                     
Shares used in computing earnings per share..........    23,934         15,987
                                                        =======        =======
                                                     
Diluted earnings per common share....................   $  0.11        $  0.10
                                                        =======        =======
#### Erie Insurance Company, as Subrogee of Fred Belletti et al., Respondent, v Michael J. Pronti, Doing Business as Best Construction Company, Appellant.

[860 NYS2d 237]

*1017Carpinello, J.

Appeals (1) from an order of the Supreme Court (O’Shea, J.), entered December 20, 2007 in Chemung County, which granted plaintiffs motion for summary judgment, and (2) from the judgment entered thereon.

The facts surrounding the instant roofing repair job have been before this Court on two prior occasions *(Pronti v Belletti,*49 AD3d 1075 [2008]; *Pronti v Belletti,*37 AD3d 966 [2007]). Defendant now appeals from an order of Supreme Court granting plaintiffs motion for summary judgment. Finding no error in this determination, we affirm.

In support of its application, plaintiff established that during the course of the roofing work, no tarp was placed over the exposed roof and the interior of the residence suffered extensive water damage as the result of a rainstorm in the middle of the night. Plaintiff, having been obligated to reimburse its insureds for the cost of repairing the damage, sought summary judgment against defendant for negligent performance of the job. In response, defendant raised a number of legal arguments without ever sufficiently disputing these underlying facts. Among them is defendant’s claim that he never agreed to perform the work himself but, rather, agreed “to arrange with an independent contractor [who happens to be his son in this case] to furnish the materials and make the installation” and thus he can have no liability for the claimed negligence of this independent contractor. We disagree.

One who retains an independent contractor can be liable for the latter’s negligence where “the work involves a risk of harm inherent in the nature of the work itself’ and that person “recognizes or should recognize that risk in advance” of the performance of the work *(Christie v Ranieri & Sons,*194 AD2d 453, 454 [1993]). The failure to place a tarp over an exposed roof and the potential damaging consequences as a result thereof was a risk inherent in the job which should have been patently apparent to defendant. Under these circumstances, we find no basis for denying plaintiff its equitable right as an insurer to be reimbursed by the party responsible for the loss *(see Federal Ins. Co. v Arthur Andersen & Co.,*75 NY2d 366, 372 [1990]). To the extent not otherwise addressed, defendant’s remaining contentions have been rendered academic by our decision or have been considered and rejected as without merit.

Mercure, J.P, Peters, Rose and Kavanagh, JJ., concur. Ordered that the order and judgment are affirmed, with costs.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2675 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2675

  To amend title II of the Antitrust Criminal Penalty Enhancement and 
 Reform Act of 2004 to extend the operation of such title for a 1-year 
                      period ending June 22, 2010.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2009

 Mr. Johnson of Georgia (for himself, Mr. Coble, Mr. Conyers, and Mr. 
 Smith of Texas) introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend title II of the Antitrust Criminal Penalty Enhancement and 
 Reform Act of 2004 to extend the operation of such title for a 1-year 
                      period ending June 22, 2010.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antitrust Criminal Penalty 
Enhancement and Reform Act of 2004 Extension Act''.

SEC. 2. DELAY OF SUNSET.

    Section 211(a) of the Antitrust Criminal Penalty Enhancement and 
Reform Act of 2004 (15 U.S.C. 1 note) is amended by striking ``5 
years'' and inserting ``6 years''.

SEC. 3. EFFECTIVE DATE OF AMENDMENT.

    The amendment made by section 2 shall take effect immediately 
before June 22, 2009.
                                 <all>
```
I 

112TH CONGRESS 

1ST SESSION H. R. 3147 

To amend the Small Business Jobs Act of 2010 to extend the Small Business 

Lending Fund Program, to provide for an appeals process, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 11, 2011 

Mr. CARNEY (for himself, Mr. FRANK of Massachusetts, Mr. PERLMUTTER, 

Mr. PETERS, Mr. MILLER of North Carolina, and Mrs. MALONEY) introduced the following bill; which was referred to the Committee on Financial Services 

A BILL 

To amend the Small Business Jobs Act of 2010 to extend 

the Small Business Lending Fund Program, to provide 

for an appeals process, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Business Lend5 ing Extension Act’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 3147 IH

1 SEC. 2. EXTENSION AND UPDATING OF THE SMALL BUSI2 NESS LENDING FUND PROGRAM. 

3 (a) SMALL BUSINESS LENDING FUND PROGRAM EX4 TENSION.—Section 4109(a) of the Small Business Jobs 

5 Act of 2010 is amended by striking ‘‘1 year’’ and inserting 

6 ‘‘2 years’’. 

7 (b) APPEAL PROCESS; REAPPLICATION.—Section 

8 4103 of the Small Business Jobs Act of 2010 is amended 

9 by adding at the end the following new subsection: 

10 ‘‘(e) APPEAL PROCESS; REAPPLICATION.— 

11 ‘‘(1) DISCLOSURE OF REASON FOR REJEC12 TION.— 

13 ‘‘(A) IN GENERAL.—With respect to any 

14 institution that submits an application to re15 ceive a capital investment from the Fund, and 

16 has such application rejected by the Secretary, 

17 the Secretary shall supply the institution with 

18 the reason for such rejection. 

19 ‘‘(B) CONFIDENTIALITY.—The Secretary, 

20 in consultation with the appropriate Federal 

21 banking agency for an institution, shall ensure 

22 that the rejection reason described under sub23 paragraph (A) is kept confidential except as 

24 provided under that subparagraph. 

25 ‘‘(2) APPEAL OF REJECTION.—With respect to 

26 an institution described under paragraph (1)(A), the 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 3147 IH

1 Secretary shall establish an appeal process that pro2 vides the institution with an opportunity to contest 

3 the reasons that were provided for the rejection of 

4 the institution’s application to receive a capital in5 vestment from the Fund. 

6 ‘‘(3) REAPPLICATION.—The Secretary shall 

7 issue regulations allowing an institution described 

8 under paragraph (1)(A) to reapply to receive a cap9 ital investment.’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS