alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit
10.2


 


 AMENDMENT TO EMPLOYMENT AGREEMENT


 


AMENDMENT
(this “Amendment”) dated as of October 7, 2007, by and between United
Industrial Corporation, a Delaware corporation (“Employer”) and James H. Perry
(“Employee”).


 


W I T N E S S E T H :


 


WHEREAS, the
parties hereto are parties to that certain Employment Agreement dated March 3,
2000 (the “Employment Agreement”) and they desire to amend those provisions of the
Employment Agreement that survived its termination effective February 28, 2004,
as provided herein.


 


NOW THEREFORE,
in consideration of the premises and mutual covenants hereinafter contained,
the parties hereto agree as follows:


 


1.             Section 4(v) of the
Employment Agreement, which by its express terms survived the termination of
said agreement, shall be amended by adding the following new provision at the
end thereof:


 


“In the event that the Employee is deemed to
be a “specified employee” (within the meaning of Section 409A(a)(2)(B)(i) of
the Internal Revenue Code of 1986, as amended (“Code”)) in accordance with
procedures set by the Employer at the time of Employee’s termination hereunder,
payment of the severance described in this Section 4(v) shall be delayed for a
period of six months immediately following the Employee’s termination of employment
(the “409A Delay Period”). Payment of any severance amounts relating to
the 409A Delay Period shall be made to the Employee in a single sum payment on
the day immediately following the expiration of the 409A Delay Period and any
remaining payments shall be made in accordance with the terms specified herein.
Employee shall not be entitled to any interest on or in respect of any amounts
under Section 4(v) hereof not paid during the 409A Delay Period. Notwithstanding
anything herein to the contrary, the Employee shall only be entitled to receive
the amounts set forth under Section 4(v) hereof upon the Employee’s “separation
from service” within the meaning of the regulations issued under Code Section
409A.


 


It is intended that this Agreement comply
with the provisions of Section 409A of the Code and this Agreement shall be
limited, construed and interpreted in a manner consistent with this intent.”


 


2.             Except as amended
hereby, the surviving provisions of the Employment Agreement shall remain in
full force and effect.


 

















 


3.             This Amendment may be
executed in one or more counterparts, each of which shall constitute an
original and all of which together shall constitute one agreement.


 


IN WITNESS
WHEREOF, this Amendment has been duly executed by the parties hereto as of the
day and year first above written.


 


	
   

  	
  UNITED INDUSTRIAL CORPORATION

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Anna-Maria G. Palmer

  	
   

  
	
   

  	
  Name:  Anna-Maria G. Palmer

  
	
   

  	
  Title: Vice President Human Resources

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  /s/ JAMES H. PERRY

  	
   

  
	
   

  	
  JAMES H. PERRY

  	
   

  
					



 


2
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, James M. Seneff, Jr., the Chief Executive Officer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund IV, Ltd.  (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period ending September 30, 2004 (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 Partnership.

Date:   November 10, 2004             /s/ James M. Seneff, Jr.
                                     -------------------------------------------
                                      Name:   James M. Seneff, Jr.
                                      Title:  Chief Executive Officer


                                      A   signed   original   of  this   written
                                      statement required by Section 906 has been
                                      provided to CNL Income  Fund IV, Ltd.  and
                                      will be  retained  by CNL Income  Fund IV,
                                      Ltd. and furnished to the  Securities  and
                                      Exchange  Commission  or  its  staff  upon
                                      request.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> 0

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          APR-30-2000
<PERIOD-START>                             NOV-01-1999
<PERIOD-END>                               JAN-30-2000
<EXCHANGE-RATE>                                 0.6833
<CASH>                                         299,607
<SECURITIES>                                    11,919
<RECEIVABLES>                                  637,291
<ALLOWANCES>                                    33,148
<INVENTORY>                                    326,125
<CURRENT-ASSETS>                             1,422,041
<PP&E>                                       1,115,257
<DEPRECIATION>                                 656,463
<TOTAL-ASSETS>                               2,911,073
<CURRENT-LIABILITIES>                          809,903
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       609,849
<OTHER-SE>                                   1,007,902
<TOTAL-LIABILITY-AND-EQUITY>                 2,911,073
<SALES>                                        520,630
<TOTAL-REVENUES>                               520,630
<CGS>                                          291,205
<TOTAL-COSTS>                                  702,972
<OTHER-EXPENSES>                                15,161
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,270
<INCOME-PRETAX>                              (334,862)
<INCOME-TAX>                                  (61,054)
<INCOME-CONTINUING>                          (274,646)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (274,646)
<EPS-BASIC>                                     (1.51)
<EPS-DILUTED>                                   (1.51)


</TABLE>
Filed 12/1/99 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

1999 ND 211

Deanna J. St. Yves, Plaintiff and Appellant

v.

DJ’s Dance & Arcade, Inc., Defendant and Appellee

No. 990103

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Kirk Smith, Judge.

AFFIRMED.

Per Curiam.

Thomas B. Jelliff and Larry James Richards (argued), 711 N. Washington St., Suite 202, Grand Forks, N.D. 58203, for plaintiff and appellant.

Bradley J. Beehler and Michael J. Morley (argued), 215 North 3rd Street, Suite 208, P.O. Box 14519, Grand Forks, N.D. 58208-4519, for defendant and appellee.

St. Yves v. DJ’s Dance & Arcade, Inc.

No. 990103

Per Curiam.

[¶1]St. Yves appeals from the judgment of the district court entered upon a jury verdict in favor of DJ’s Dance & Arcade, Inc.  We conclude this case contains no reversible error of law and the verdict of the jury is supported by substantial evidence.  We summarily affirm under N.D.R.App.P. 35.1(a)(3).

[¶2]Gerald W. VandeWalle, C.J.

Carol Ronning Kapsner

William A. Neumann

Carol Ronning Kapsner

Mary Muehlen Maring
exhibit101.htm


    Exhibit
      10.1

     

    AMENDMENT
      TO ADVISORY AGREEMENT

    


    This
      amendment to the Advisory
      Agreement dated as of November 6, 2006, between Oxis
      International, Inc., a Delaware corporation (the “Company”), and Ambient
      Advisors LLC (the “Advisor”) is dated October 11, 2007.

    


    The
      following sections replace the same
      sections in the original Advisory Agreement dated November 6, 2006, effective
      retroactively to October 15, 2006 (the “Commencement Date” of the Advisory
      Agreement).

    


    4.  Time
      to be Devoted to Services.  During the
      Term, the Advisor agrees to spend approximately one half (50%) of the Advisor’s
      working time to the provisions of services hereunder.

    


    5.  Compensation.

    


    (a)           Advisory
      Fee.  The Company shall pay to the
      Advisor an advisory fee of $125,000 per annum.

    


    IN
      WITNESS WHEREOF,
      the parties hereto have executed and delivered this Amendment to the Advisory
      Agreement as of the date first written above.

    


    
      


      


      	 	OXIS
              International,
              Inc.	 
	 	 	 	 
	
            	
              By:
                

            	/s/ Marvin
              S. Hausman, M.D.	 
	 	 	Marvin
              S. Hausman, M.D.	 
	 	 	President
&
CEO	 
	 	 	 	 



      


      


      	 	AMBIENT
              ADVISORS
              LLC	 
	 	 	 	 
	
            	
              By:
                

            	/s/ Gary
              M. Post	 
	 	 	Gary
              M. Post
EXHIBIT 23.1



                  Exhibit 23 - Consent of Independent Auditors


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 33-75668) pertaining to the 1993 Long-Term Stock Incentive Plan of Triad
Guaranty Inc., the Registration  Statement (Form S-8 No. 33-96550) pertaining to
the Triad  Guaranty  Inc.  401(k)  Profit  Sharing  Plan,  and the  Registration
Statement (Form S-8 No. 33-69967) pertaining to the Employee Stock Purchase Plan
of Triad Guaranty Inc. of our report dated January 20, 1999, with respect to the
consolidated  financial statements included in this Annual Report (Form 10-K) of
Triad  Guaranty Inc.,  and our report  included in the following  paragraph with
respect to the financial statement schedules.

Our audits also included the  financial  statement  schedules of Triad  Guaranty
Inc.  listed  in Item  14(a).  These  schedules  are the  responsibility  of the
Company's  management.  Our responsibility is to express an opinion based on our
audits. In our opinion,  the financial  statement  schedules  referred to above,
when considered in relation to the basic financial  statements taken as a whole,
present fairly in all material respects the information set forth therein.



/s/ ERNST & YOUNG LLP
-----------------------
Raleigh, North Carolina
March 24, 1999
#### UNITED STATES of America, Plaintiff—Appellee, v. Namond Earl WILLIAMS, a/k/a Namond Brewington, a/k/a Tony Smith, Defendant—Appellant.

No. 10-7198.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 21, 2010.

Decided: Jan. 4, 2011.

Namond Earl Williams, Appellant Pro Se. Andrea L. Smith, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Namond Earl Williams appeals the district court’s orders denying his motion for transcripts and denying reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *United States v. Williams,*No. 1:90-cr-00135-JFM-4 (D. Md. July 26 & Aug. 12, 2010). 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.*
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE COMPANY'S CONSOLIDATED BALANCE SHEETS AS OF SEPTEMBER 30, 199 AND THE
STATEMENT OF OPERATIONS FOR THE THREE MONTHS ENDED SEPTEMBER 30, 1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                       5,462,745
<SECURITIES>                                         0
<RECEIVABLES>                                1,438,979
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             9,822,871
<PP&E>                                       8,553,789
<DEPRECIATION>                               1,206,014
<TOTAL-ASSETS>                              41,392,635
<CURRENT-LIABILITIES>                       14,225,296
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           788
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                41,392,635
<SALES>                                      8,675,719
<TOTAL-REVENUES>                             8,675,719
<CGS>                                        8,729,520
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,816,032
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             519,231
<INCOME-PRETAX>                            (3,312,319)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,312,319)
<EPS-BASIC>                                       0.20
<EPS-DILUTED>                                     0.20


</TABLE>
**EXHIBIT 31.1**

 

## ***CERTIFICATION OF CHIEF EXECUTIVEOFFICER***

## *** ***

## ***I, RogerE. Gower, certify that:***

## *** ***

1.I have reviewed this annual report on Form 10-K of Micro ComponentTechnology, Inc.:

 

2.Based on my knowledge, this annual report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this annual report;

 

3.Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this annual report;

 

4.The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15) for the registrant and wehave:

 

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

 

b) evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation.

 

c) disclosed in this report any changes in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and

 

5.The registrant’s other certifying officers and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board of directors(or persons performing the equivalent function):

 

a) all significant deficiencies and material weakness in the design oroperation of internal control over financial reporting which are reasonablylikely 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 orother employees who have a significant role in the registrant’s internalcontrols over financial reporting.

 

 
| Dated: March 30,  2006 | By:                                                    | /s/ Roger E.  Gower |   |
|-----------------------------|--------------------------------------------------------|---------------------|--------|
|                        | Roger E. Gower   President and Chief Executive Officer |

 

----
EXHIBIT 32.1











Certification of Principal Executive Officer


Pursuant to 18 U.S.C. Section 1350


As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





I, Carl Spana, President and Chief Executive Officer of Palatin Technologies, Inc., hereby certify, to my knowledge, that this Amendment No. 1 to the Annual Report on Form 10-K for the year ended June 30, 2015 of Palatin Technologies, Inc. (the “Form 10-K”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and
the information contained in the Form 10-K as amended by Amendment No. 1 fairly presents, in all material respects, the financial condition and results of operations of Palatin Technologies, Inc.








Dated: August 1, 2016





/s/ Carl Spana


Carl Spana, President and Chief Executive Officer (Principal Executive Officer)
PRIME RETAIL, INC.

                 EXHIBIT 12: COMPUTATION OF RATIO OF EARNINGS
    TO COMBINED FIXED CHARGES AND PREFERRED STOCK DISTRIBUTIONS AND DIVIDENDS

              (Amounts in thousands, except for ratio information)

                                               Year Ended December 31
                                          ------------------------------------
                                                  2000                  1999
                                          -----------------     --------------
 Income (loss) before minority interests     $   (138,984)        $  (28,085)
 Loss on sale of real estate                       42,648             15,153
 Interest incurred                                102,664             96,081
 Provision for asset impairment                    68,663             15,842
 Amortization of debt issuance costs                3,253              4,311
 Amortization of interest rate
   protection contracts                                68                 77
 Less capitalized interest                         (3,412)            (4,646)
                                             ------------         ----------
      Earnings                                     74,900             98,733
                                             ------------         ----------

 Interest incurred                                102,664             96,081
 Amortization of debt issuance costs                3,253              4,311
 Amortization of interest rate
   protection contracts                                68                 77
 Preferred stock distributions and dividends       22,672             24,275
                                             ------------           --------
   Combined Fixed Charges and Preferred
   Stock Distributions and Dividends              128,657            124,744
                                             ------------           --------

 Excess of Combined Fixed Charges
      and Preferred Stock Distributions
      and Dividends over Earnings            $    (53,757)         $ (26,011)
                                             ============           ========
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1856 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1856

To prohibit the expenditure of appropriated funds on the Space Station 
                            Freedom Program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 1993

 Mr. Inglis of South Carolina introduced the following bill; which was 
              referred to the Committee on Appropriations

_______________________________________________________________________

                                 A BILL

 
To prohibit the expenditure of appropriated funds on the Space Station 
                            Freedom Program.

    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 ``Space Station Freedom Termination 
Act of 1993''.

SEC. 2. TERMINATION OF THE SPACE STATION PROGRAM.

    (a) Prohibition.--Effective thirty days after the date of enactment 
of this section, no appropriated funds shall be available to carry out 
the provisions of section 106 of the National Aeronautics and Space 
Administration Act of 1998 (42 U.S.C. 241 note).
    (b) Exception.--Notwithstanding the provisions of subsection (a), 
not to exceed $50,000,000 of such funds referred to in subsection (c) 
may be used in terminating the United States International Space 
Station Freedom Program.
    (c) Unexpended Funds.--Subject to the provisions of subsection (b), 
any funds appropriated for use on the United States International Space 
Station Freedom Program that remain unexpended and unobligated thirty 
days after the date of enactment of this section shall be credited to 
the general revenues of the United States Treasury.

                                 <all>
```
#### TOTOLO/KING JOINT VENTURE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

No. 2010-5037.

United States Court of Appeals, Federal Circuit.

Sept. 10, 2010.

ORDER

Upon consideration of this court’s September 9, 2010, 392 FedAppx. 872, order denying Totolo/King’s motion for abatement and the government’s motion to dismiss,

It Is Ordered That:

Totolo/King’s opening brief is due within 14 days of the date of filing of this order.