alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
 
EXHIBIT 10.16

September 17, 1998

Mr. Yoichi Kitayama
Actuate Japan Company, Ltd.
2-2-8 Roppongi Minato-ku
Tokyo 106 Japan

Dear Yoichi:

This letter will confirm our agreement with respect to the commitment of Actuate
Japan ("AJ") to repay certain monies owed to Actuate Software Corporation
("ASC").  Currently ASC holds a promissory note from AJ with a principal amount
of $164,934 plus accrued interest from December 27, 1997 (the "Promissory Note")
and as of June 30, 1998, AJ also owes ASC $127,630, consisting of earned
royalties for sales by AJ of ASC software and interest thereon ("Earned
Royalties").  Earned Royalties shall also include any royalties earned by ASC
during July and August of 1998. The interest rate is 10% per annum for all
accrued and future interest on the Promissory Note and 5% per annum for all
future interest on the Earned Royalties.

AJ agrees to repay the Promissory Note and the Earned Royalties including
interest thereon as follows:

Repayment of Promissory Note. AJ will pay to ASC a minimum of $4,500 per month
-----------------------------                                                 
beginning on November 1, 1998 and continue such payments on the first day of
each month thereafter until the Promissory Note and future interest thereon
has been repaid in full.

Repayment of Royalties.  AJ will pay to ASC a minimum of $4, 500 per month
-----------------------                                                   
beginning on November 1, 1998 and continue such payments on the first day of
each month thereafter until the Earned Royalties and future interest thereon
have been repaid in full.

In addition, AJ agrees that in the event AJ's cash flow projections exceed the
plan previously provided to ASC, such excess cash flow will be immediately used
to pay down the amounts owed pursuant to the Promissory Note and Earned
Royalties.  Furthermore, AJ agrees to pay all future royalties, beginning with
royalties earned by ASC in July 1998, to ASC within 60 days of delivering a
monthly royalty report to ASC.

Notwithstanding the repayment schedules set forth above, in the event a Japanese
Bankruptcy court orders AJ to enter into a settlement with Intranet, regarding
the repayment of monies owed by AJ to Intranet, ASC and AJ agree to enter into
good faith negotiations to amend the repayment schedules set forth in this
letter.
<PAGE>
 
Yoichi, if you are in agreement with the terms set forth herein, please execute
this letter below and return a copy to me.


Sincerely,                                      Agreed and Accepted,
Actuate Software Corporation             Actuate Japan Company, Ltd.

/s/ Nicolas Nierenberg                   /s/ Yoichi Kitayama

Nicolas Nierenberg, President            Yoichi Kitayama, President
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

FITSGERALD JOHANES,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 11-72990

Agency No. A095-629-938

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted September 24, 2013** 

Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges. 

Fitsgerald Johanes, a native and citizen of Indonesia, petitions for review of

the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen

removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for

abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder,

FILED

SEP 30 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-72990

597 F.3d 983, 986 (9th Cir. 2010). We review de novo claims of due process

violations. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000). We deny the

petition for review. 

The BIA did not abuse its discretion in denying Johanes’s untimely motion

to reopen where the motion was filed almost six years after the BIA’s final

decision, see 8 C.F.R. § 1003.2(c)(2), and Johanes failed to establish changed

circumstances in Indonesia material to his claim, see 8 C.F.R. § 1003.2(c)(3)(ii);

see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) (requiring

circumstances to have changed sufficiently that a petitioner who previously did not

have a legitimate claim for asylum now has a well-founded fear of persecution). 

We reject Johanes’s contention that the BIA’s decision is insufficient and denies

him due process. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring

error to prevail on a due process claim). Further, in light of our prior decision, we

reject Johanes’s contention that he should be given a chance to reopen his case

based on changes in the case law surrounding Christian Indonesians. See Johanes

v. Holder, No. 05-73687, 2010 WL 2232482 (9th Cir. June 3, 2010).

PETITION FOR REVIEW DENIED.
exv4w2






EXHIBIT 4.2




	 	 	 	 	 
	Number

	 	Incorporated Under the Laws of the State of Delaware
	 	Shares
	B-

	 	 	 	-0-
	 

	 	 	 	Cusip No.
	 

	 	 	 	[                    ]






DISCOVERY COMMUNICATIONS, INC




Series B Common Stock, par value $.01 per share




Specimen Certificate



This Certifies that                                                              is the
owner of                                                              FULLY PAID AND
NON-ASSESSABLE SHARES OF SERIES B COMMON STOCK, PAR VALUE $0.01 PER SHARE, OF
DISCOVERY COMMUNICATIONS, INC. (hereinafter called the “Corporation”) transferable on the books of
the Corporation by the holder hereof in person or by duly authorized attorney upon surrender of the
Certificate properly endorsed. This Certificate is not valid unless countersigned by the Transfer
Agent and registered by the Registrar.



Witness, the seal of the Corporation and the signatures of its duly authorized officers.




Dated:




  Discovery Communications, Inc.  

[Corporate Seal]




					
	 	 	 	 	 
	 
	 	 	 	 
	President  
	 	 
	 	Secretary
#### § 147.42 General.

Changes in this subchapter shall be made in accordance with the procedure described in this subpart: *Provided,* That the Department reserves the right to make changes in this subchapter without observance of such procedure when such action is deemed necessary in the public interest.
### §5622. Definitions

In this subchapter, the following definitions shall apply:

#### (1) Account

The term "account" means an agreement between an individual and an eligible entity under which the individual obtains from or through the entity 1 or more banking products and services, and includes a deposit account, a savings account (including a money market savings account), an account for a closed-end loan, and other products or services, as the Secretary deems appropriate.

#### (2) Community development financial institution

The term "community development financial institution" has the same meaning as in section 4702(5) of this title.

#### (3) Eligible entity

The term "eligible entity" means—

(A) an organization described in section 501(c)(3) of title 26, and exempt from tax under section 501(a) of such title;

(B) a federally insured depository institution;

(C) a community development financial institution;

(D) a State, local, or tribal government entity; or

(E) a partnership or other joint venture comprised of 1 or more of the entities described in subparagraphs (A) through (D), in accordance with regulations prescribed by the Secretary under this subchapter.

#### (4) Federally insured depository institution

The term "federally insured depository institution" means any insured depository institution (as that term is defined in section 1813 of this title) and any insured credit union (as that term is defined in section 1752 of this title).

(Pub. L. 111–203, title XII, §1203, July 21, 2010, 124 Stat. 2129.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in text, was in the original "this title", meaning title XII of Pub. L. 111–203, July 21, 2010, 124 Stat. 2129, known as the Improving Access to Mainstream Financial Institutions Act of 2010, which is classified principally to this subchapter. For complete classification of title XII to the Code, see Short Title note set out under section 5301 of this title and Tables.
§ 304.3 Conditions for receiving inspection. ( a ) Before being granted Federal inspection, an official establishment or an official import inspection establishment must have developed written Sanitation Standard Operating Procedures, as required by part 416 of this chapter, and written recall procedures as required by part 418 of this chapter.
( b ) Before being granted Federal inspection, an establishment shall have conducted a hazard analysis and developed and validated a HACCP plan, as required by §§ 417.2 and 417.4 of this chapter. A conditional grant of inspection shall be issued for a period not to exceed 90 days, during which period the establishment must validate its HACCP plan.
( c ) Before producing new product for distribution in commerce, an establishment shall have conducted a hazard analysis and developed a HACCP plan applicable to that product in accordance with § 417.2 of this chapter. During a period not to exceed 90 days after the date the new product is produced for distribution in commerce, the establishment shall validate its HACCP plan, in accordance with § 417.4 of this chapter.
[61 FR 38864, July 25, 1996, as amended at 77 FR 26936, May 8, 2012; 79 FR 56232, Sept. 19, 2014]
#### § 111.33 What are the respondent's choices upon receiving the reason to believe finding and the proposed civil money penalty?

The respondent must either send payment in the amount of the proposed civil money penalty pursuant to 11 CFR 111.34 or submit a written response pursuant to 11 CFR 111.35.
EXHIBIT 99.2





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 Actuate Corporation (the Company) on Form 10-Q for the period ended September
30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Daniel A. Gaudreau, Senior Vice President, Finance and Administration and Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. § 1350, as adopted pursuant to § 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.
| | --- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------




Dated: November 14, 2002





/s/    Daniel A. GaudreauDaniel A. Gaudreau Senior Vice President, Finance and Administration and Chief
Financial Officer
<PAGE>

                                                                    EXHIBIT 12-2

                          CENTERPOINT PROPERTIES TRUST
           COMPUTATION OF RATIO OF EARNINGS TO COMBINED FIXED CHARGES
                             AND PREFERRED DIVIDENDS
                             (DOLLARS IN THOUSANDS)

<TABLE>
<CAPTION>
                                                                      YEAR ENDED DECEMBER 31,
                                                                      -----------------------
                                                 1998            1997        1996         1995        1994
                                                 ----            ----        ----         ----        ----
<S>                                           <C>             <C>         <C>          <C>         <C>

Available earnings:
     Net income                               $32,248         $27,260     $14,941      $ 8,212     $ 2,359
     Add interest expense (1)                  15,476          10,871      10,992       12,985      12,157
                                              -------         -------     -------      -------     -------
Available earnings (2)                        $47,724         $38,131     $25,933      $21,197     $14,516
                                              =======         =======    ========      =======     =======
Combined fixed charges:
     Interest expense                         $15,476         $10,871     $10,992      $12,985     $12,157
     Capitalized interest                       2,214             893         142           20          63
     Preferred dividends                        6,360             901         947        1,002
                                              -------         -------     -------      -------     -------
Total fixed charges                           $24,050         $12,665     $12,081      $14,007     $12,220
                                              =======         =======     =======      =======     =======

Ratio of earnings to combined
     fixed charges                               1.98            3.01        2.15         1.51        1.19
                                              =======         =======     =======      =======     =======
</TABLE>
------------------------------------

NOTES:
(1)      Interest expense includes amortization of deferred financing costs.
(2)      Interest portion of rental expense is not calculated because annual
         rental expense for the Company is not significant.
### §4026. Cooperative research and development agreements under Stevenson-Wydler Technology Innovation Act of 1980

The Secretary of Defense, in carrying out research projects through the Defense Advanced Research Projects Agency, and the Secretary of each military department, in carrying out research projects, may permit the director of any federally funded research and development center to enter into cooperative research and development agreements with any person, any agency or instrumentality of the United States, any unit of State or local government, and any other entity under the authority granted by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). Technology may be transferred to a non-Federal party to such an agreement consistent with the provisions of sections 11 and 12 of such Act (15 U.S.C. 3710, 3710a).

(Added and amended Pub. L. 104–201, div. A, title II, §267(c)(1)(A), (B), Sept. 23, 1996, 110 Stat. 2468, §2371a; Pub. L. 105–85, div. A, title X, §1073(a)(50), Nov. 18, 1997, 111 Stat. 1903; renumbered §4026 and amended Pub. L. 116–283, div. A, title XVIII, §§1841(b)(1), 1844(b)(1), Jan. 1, 2021, 134 Stat. 4243, 4245; Pub. L. 117–81, div. A, title XVII, §1701(u)(2)(B), (5)(B), Dec. 27, 2021, 135 Stat. 2151, 2154.)

#### **Editorial Notes**

#### Codification

The text of section 2371(i) of this title, which was transferred to this section, redesignated as text of section, and amended by Pub. L. 104–201, §267(c)(1)(A), (B), was based on Pub. L. 103–355, title I, §1301(b), Oct. 13, 1994, 108 Stat. 3286.

#### Amendments

2021—Pub. L. 116–283, §1844(b)(1), which directed the renumbering of section 2371a of this title as section 4143 instead of this section, was repealed, and a new section 1844(b) was enacted, by Pub. L. 117–81, §1701(u)(5)(D), effective as if included therein, so that such renumbering was no longer directed.

Pub. L. 116–283, §1841(b)(1), as amended by Pub. L. 117–81, §1701(u)(2)(B), renumbered section 2371a of this title as this section.

1997—Pub. L. 105–85 inserted "Defense" before "Advanced Research Projects Agency".

1996—Pub. L. 104–201 transferred section 2371(i) of this title to this section, added section catchline, and struck out subsec. (i) designation and heading which read as follows: "Cooperative Research and Development Agreements Under Stevenson-Wydler Technology Innovation Act of 1980". See Codification note above.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
# C_2007125EN.01000402.xml

| 6.6.2007 | EN | Official Journal of the European Union | C 125/4 |
| --- | --- | --- | --- |

6.6.2007

EN

Official Journal of the European Union

C 125/4

---

Non-opposition to a notified concentration

(Case COMP/M.4658 — Bridgepoint Capital/Wolters Kluwer Educational Division)

(Text with EEA relevance)

(2007/C 125/08)

On 31 May 2007, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32007M4658. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32007M4658. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---
### §182. Surveys

The Secretary may make surveys deemed necessary to furnish annual and other interim current data on the subjects covered by the censuses provided for in this title.

(Added Pub. L. 94–521, §8(a), Oct. 17, 1976, 90 Stat. 2463.)

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Oct. 17, 1976, see section 17 of Pub. L. 94–521, set out as a note under section 1 of this title.
### §5498. Data standards

#### (a) Requirement

The Bureau shall, by rule, adopt data standards for all collections of information that are regularly filed with or submitted to the Bureau.

#### (b) Consistency

The data standards required under subsection (a) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under section 5334 of this title, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 5334.

(Pub. L. 111–203, title X, §1018, as added Pub. L. 117–263, div. E, title LVIII, §5851(a)(2), Dec. 23, 2022, 136 Stat. 3433.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 1018 of Pub. L. 111–203 was renumbered section 1020 and is set out as note under section 5491 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Rulemaking

Pub. L. 117–263, div. E, title LVIII, §5852, Dec. 23, 2022, 136 Stat. 3433, provided that:

"(a) In General.—The Director of the Bureau of Consumer Financial Protection shall issue rules to carry out the amendments made by section 5851 [enacting this section and section 5499 of this title], which shall take effect not later than 2 years after the date on which final rules are promulgated under section 124(b)(2) of the Financial Stability Act of 2010 [12 U.S.C. 5334(b)(2)], as added by section 5811(a) of this title.

"(b) Scaling of Regulatory Requirements; Minimizing Disruption.—In issuing the rules required under subsection (a), the Director of the Bureau of Consumer Financial Protection—

"(1) may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities; and

"(2) shall seek to minimize disruptive changes to the persons affected by those regulations."

#### Rule of Construction Regarding No New Disclosure Requirements

Pub. L. 117–263, div. E, title LVIII, §5853, Dec. 23, 2022, 136 Stat. 3433, provided that: "Nothing in this subtitle [subtitle E (§§5851–5853) of title LVIII of div. E of Pub. L. 117–263, enacting this section, section 5499 of this title, and provisions set out as a note under this section], or the amendments made by this subtitle, shall be construed to require the Bureau of Consumer Financial Protection to collect or make publicly available additional information under the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.), beyond information that was collected or made publicly available under that Act, as of the day before the date of enactment of this Act [Dec. 23, 2022]."
§ 311.18 Caseous lymphadenitis. ( a ) A thin carcass showing well-marked lesions in the viscera and the skeletal lymph nodes, or a thin carcass showing extensive lesions in any part shall be condemned.
( b ) A thin carcass showing well-marked lesions in the viscera with only slight lesions elsewhere or showing well-marked lesions in the skeletal lymph nodes with only slight lesions elsewhere may be passed for cooking.
( c ) A thin carcass showing only slight lesions in the skeletal lymph nodes and in the viscera may be passed for human food without restriction.
( d ) A well-nourished carcass showing well-marked lesions in the viscera and with only slight lesions elsewhere or showing well-marked lesions confined to the skeletal lymph nodes with only slight lesions elsewhere may be passed for human food without restriction.
( e ) A well-nourished carcass showing well-marked lesions in the viscera and the skeletal lymph nodes may be passed for cooking; but where the lesions in a well-nourished carcass are both numerous and extensive, it shall be condemned.
( f ) All affected organs and nodes of carcasses passed for human food without restriction or passed for cooking shall be removed and condemned.
( g ) As used in this section, the term “thin” does not apply to a carcass which is anemic or emaciated; and the term “lesions” refers to lesions of caseous lymphadenitis.
### §43. Records and reports of cotton ginners

Every cotton ginner shall keep a record of the county or parish in which each bale of cotton ginned by him is grown and report at the completion of the ginning season, but not later than the March canvass, of each year a segregation of the total number of bales ginned by counties or parishes in which grown.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1016; Pub. L. 92–143, Oct. 15, 1971, 85 Stat. 393.)

#### Historical and Revision Notes

Based on title 13, U.S.C., 1952 ed., §74 (Apr. 2, 1924, ch. 80, §4, 43 Stat. 32; June 18, 1929, ch. 28, §21, 46 Stat. 26; June 14, 1938, ch. 358, 52 Stat. 678).

Section was derived from second paragraph of section 74 of title 13, U.S.C., 1952 ed. For remainder of such section 74, see Distribution Table.

Changes were made in phraseology.

#### **Editorial Notes**

#### Amendments

1971—Pub. L. 92–143 inserted "completion of the ginning season, but not later than the".