alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.1 




THE BANK OF NEW YORK 

  NEW YORK’S
FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON  




2 HANSON PLACE, 12TH
FLOOR, BROOKLYN, N.Y. 11217 





June 24, 2008 






Hennion & Walsh, Inc. 

2001 Route 46, Waterview Plaza 

Parsippany, New Jersey 07054 



Smart Fund, Tax Free
Income Fund (2008 Series C)  



Dear Sirs: 



The Bank of New York is acting as
trustee for Smart Fund, Tax Free Income Fund (2008 Series C) set forth above (the
“Trust”). We enclosed a list of the Securities to be deposited in the Trust on the date
hereof. The prices indicated therein reflect our evaluation of such Securities as of
close of business on June 23, 2008, in accordance with the valuation method set forth in
the Trust Indenture and Agreement. We consent to the reference to The Bank of New York as
the party performing the evaluations of the Trust Securities in the Registration
Statement (No. 333-151718) filed with the Securities and Exchange Commission with respect
to the registration of the sale of the Trust Units and to the filing of this consent as
an exhibit thereto. 





	  	
Very
truly yours, 







	  	
/s/
JOSEPH VILLELLA                                                           
      

      
      Authorized
Signatory
#### HAWAIIAN LIFE INSURANCE CO., LTD., Plaintiff v. ANNA R. GRAVES, et al., Defendants

Civil Case No. 609-78

Superior Court of Guam

November 22, 1978

WEEKS, *Judge*

*579DECISION

In the hearing of 1 September, this Court first indicated that attorneys’ fees would not be awarded at that time. Further in the hearing, counsel for plaintiff had expressed concern that the funds would be paid out of court and be unavailable for allocation as fees if the Court deferred the matter.

The Court then indicated that an order would ensue dealing with fees (based on account of transcript in plaintiff’s instant motion).

Hawaiian Life now moves the Court to reconsider its denial of attorneys’ fees by that order and to award costs.

Plaintiff urges that the Court’s decision not to allow attorneys’ fees in this case is predicated on an adherence to the California law. Plaintiff further urges that the Federal view is alone applicable.

The Court, in its decision of September 14 denying fees, indicated that it was “unclear whether the Federal view or the California position is preferable and should be adopted” and made no finding as to applicable law.

As expressed in the case cited by counsel, the Federal Kule, if applicable, “vests a discretionary power in the Court with respect to the allowance of costs, including attorneys’ fees.” *Bank of China v. Wells Fargo Bank & Union Trust Co.*(1952 N. Dist. Cal.), 104 F.Supp. 59, 68.

This Court under either view can deny fees and costs.

Therefore, this Court again holds only that attorneys’ fees and costs will not be awarded in this action.
§ 381.152 Manufacture of uninspected, inedible products at official establishments. ( a ) Official establishments may manufacture pet food or similar uninspected, inedible products in areas where edible products also are produced, provided that the manufacture of uninspected, inedible products does not: ( 1 ) Adulterate edible products;
( 2 ) Create insanitary conditions in the official establishment whereby edible products may be adulterated; or
( 3 ) Prevent or interfere with inspection or other program tasks performed by FSIS personnel in the official establishment.
( b ) The immediate container of uninspected, inedible products manufactured in an official establishment shall be conspicuously labeled so as to distinguish them from human food in accordance with § 381.193 of this subchapter.
[84 FR 40227, Aug. 14, 2019]
#### § 158.8 Burden of proof.

The burden of proof to justify every accounting entry shall be on the person making, authorizing, or requiring such entry.

Certification of Compliance with Accounting Regulations
§ 1312.17 Other penalties and rewards. ( a ) Section 6 of the Act contains criminal prohibitions and provisions for criminal penalties. Section 8(b) of the Act provides that archaeological resources, vehicles, or equipment involved in a violation may be subject to forfeiture.
( b ) Section 8(a) of the Act provides for rewards to be made to persons who furnish information which leads to conviction for a criminal violation or to assessment of a civil penalty. The Federal land manager may certify to the Secretary of the Treasury that a person is eligible to receive payment. Officers and employees of Federal, State, or local government who furnish information or render service in the performance of their official duties, and persons who have provided information under § 1312.16(b)(1)(iii) shall not be certified eligible to receive payment of rewards.
( c ) In cases involving Indian lands, all civil penalty monies and any item forfeited under the provisions of this section shall be transferred to the appropriate Indian or Indian tribe.
csgs-ex1024ay_440.htm



Pages where confidential treatment has been requested are stamped “Confidential Treatment Requested and the Redacted Material has been separately filed with the Commission,” and places where information has been redacted have been marked with (***).

EXHIBIT 10.24AY

 

 

ONE HUNDRED FIRST AMENDMENT

TO THE

CSG MASTER SUBSCRIBER MANAGEMENT SYSTEM AGREEMENT

BETWEEN

CSG SYSTEMS, INC.

AND

TIME WARNER CABLE INC.

 

 

 

This One Hundred First Amendment (the “Amendment”) is made by and between CSG Systems, Inc., a Delaware corporation (“CSG”), and Time Warner Cable Inc. (“TWC”).  Upon execution of this Amendment by TWC and CSG, the effective date of this Amendment  is January 1, 2016 (the "Effective Date").  CSG and TWC entered into a certain CSG Master Subscriber Management System Agreement executed March 13, 2003, and effective as of April 1, 2003, as amended (the “Agreement”), and now desire to further amend the Agreement in accordance with the terms and conditions set forth in this Amendment.  If the terms and conditions set forth in this Amendment shall be in conflict with the Agreement, the terms and conditions of this Amendment shall control.  Any terms in initial capital letters or all capital letters used as a defined term but not defined in this Amendment, shall have the meaning set forth in the Agreement.  Upon execution of this Amendment by the parties, any subsequent reference to the Agreement between the parties shall mean the Agreement as amended by this Amendment.  Except as amended by this Amendment, the terms and conditions set forth in the Agreement shall continue in full force and effect according to their terms. 

 

 

 CSG and TWC agree to the following as of the Effective Date:

 


	
1.
	
Pursuant to the terms and conditions of the Agreement, which includes Exhibit C-4 to the Agreement and the Seventy-fifth Amendment (CSG document number 2503407) to the Agreement executed effective as of ********, 2013 (“75th Amendment”), TWC agrees to purchase *** (*) Video View Block of *************** (*********) Video Views.




 


	
2.
	
Following execution of this Amendment by the Parties, CSG shall invoice TWC the amount of $********** for the Video View Block referenced in Section 1 above.  The Video Views within such Video View Block shall expire if not consumed by Customers within the Consumption Period.  For avoidance of doubt, the Consumption Period for such Video View Block commences upon the Effective Date.




 

 

IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed by their duly authorized representatives as of the date indicated below.

 

 


		
	
TIME WARNER CABLE INC. (“TWC”)
	
CSG SYSTEMS, INC. (“CSG”) 

 

	
 

By: /s/ Jason Barbrow
	
 

By:  /s/ Joseph T. Ruble

	
 

Name: Jason Barbrow
	
 

Name:  Joseph T. Ruble

	
 

Title:  Vice President
	
 

Title:  EVP,CAO & General Counsel

	
 

Date:  November 20, 2015
	
 

Date:  2 Dec 2015
**EXHIBIT 32.1**

CERTIFICATE PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the report of Prospect MedicalHoldings, Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2006(the “Report”), I, Jacob Y. Terner, M.D., Chief Executive Officer of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

(2) The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.
| August  14, 2006 |       | /s/ JACOB Y. TERNER                                                           |
|------------------|------------|-------------------------------------------------------------------------------|
|             | ** ** | **Jacob Y. Terner, MD   Chairman of the Board and   Chief Executive Officer** |

 

----
```

[113th Congress Public Law 292]
[From the U.S. Government Publishing Office]

[[Page 128 STAT. 3989]]

Public Law 113-292
113th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
18640 NW 2nd Avenue in Miami, Florida, as the ``Father Richard Marquess-
  Barry Post Office Building''. <<NOTE: Dec. 19, 2014 -  [H.R. 4030]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. FATHER RICHARD MARQUESS-BARRY POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 18640 NW 2nd Avenue in Miami, Florida, shall be known and 
designated as the ``Father Richard Marquess-Barry Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Father 
Richard Marquess-Barry Post Office Building''.

    Approved December 19, 2014.

LEGISLATIVE HISTORY--H.R. 4030:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 160 (2014):
            Dec. 8, considered and passed House.
            Dec. 16, considered and passed Senate.

                                  <all>
```
# C_2010148EN.01004001.xml

| 5.6.2010 | EN | Official Journal of the European Union | C 148/40 |
| --- | --- | --- | --- |

5.6.2010

EN

Official Journal of the European Union

C 148/40

---

Action brought on 24 March 2010 — Solae v OHIM — Délitaste (alpha taste)

(Case T-145/10)

2010/C 148/67

Language in which the application was lodged: English

Parties

Parties

Applicant: Solae Holdings LLC (St. Louis, United States) (represented by: E. Armijo Chávarri, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Délitaste S.A. Industrielle et Commerciale d’Aliments (Thessaloniki, Greece)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | Deem the present appeal and attached documents to have been duly filed; |
| --- | --- |

—

Deem the present appeal and attached documents to have been duly filed;

| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2009 in case R 92/2009-2; and |
| --- | --- |

—

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2009 in case R 92/2009-2; and

| — | Order the defendant to bear the costs. |
| --- | --- |

—

Order the defendant to bear the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the Community trade mark:

Community trade mark concerned: The figurative mark “alpha taste”, for goods and services in classes 29, 30, 39 and 43

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited: Community trade mark registration of the mark “ALPHA”, for goods in class 29

Mark or sign cited:

Decision of the Opposition Division: Partially admitted the opposition

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly found that there was only a partial likelihood of confusion between the trade marks concerned.

Pleas in law:

---
§ 1309.10 What general responsibilities do recipients and TVA have to ensure compliance with the Act? ( a ) A recipient has primary responsibility to ensure that its programs or activities are in compliance with the Act and shall take steps to eliminate violations of the Act. A recipient also has responsibility to maintain records, provide information, and afford TVA access to its records to the extent required by TVA to determine whether the recipient is in compliance with the Act.
( b ) TVA has responsibility to attempt to secure a recipient's compliance with the Act by voluntary means, to the fullest extent practicable, and to provide assistance and guidance to recipients to help them comply voluntarily. TVA may use the services of appropriate Federal, State, local, or private organizations for this purpose. TVA also has the responsibility to enforce the Act when a recipient fails to eliminate violations of the Act.
[46 FR 30811, June 11, 1981, as amended at 68 FR 51357, Aug. 26, 2003]
<TABLE> <S> <C><ARTICLE>    5<MULTIPLIER>    1,000<S>                                                      <C><PERIOD-TYPE>                                          6-MOS<PERIOD-START>                                   Jan-01-2000<FISCAL-YEAR-END>                                Dec-30-2000<PERIOD-END>                                     Jul-01-2000<CASH>                                                 1,694<SECURITIES>                                               0<RECEIVABLES>                                         15,962<ALLOWANCES>                                             452<INVENTORY>                                            8,711<CURRENT-ASSETS>                                      27,410<PP&E>                                                68,102<DEPRECIATION>                                        17,406<TOTAL-ASSETS>                                       110,373<CURRENT-LIABILITIES>                                 27,667<BONDS>                                               53,065<PREFERRED-MANDATORY>                                      0<PREFERRED>                                           15,702<COMMON>                                                  21<OTHER-SE>                                            10,812<TOTAL-LIABILITY-AND-EQUITY>                         110,373<SALES>                                               54,245<TOTAL-REVENUES>                                      54,245<CGS>                                                 44,741<TOTAL-COSTS>                                         44,741<OTHER-EXPENSES>                                       5,519<LOSS-PROVISION>                                       (116)<INTEREST-EXPENSE>                                     3,366<INCOME-PRETAX>                                          695<INCOME-TAX>                                             320<INCOME-CONTINUING>                                      375<DISCONTINUED>                                             0<EXTRAORDINARY>                                            0<CHANGES>                                                  0<NET-INCOME>                                             375<EPS-BASIC>                                           (0.04)<EPS-DILUTED>                                         (0.04)</TABLE>
§ 1.101 Definitions. The definitions set forth in this section apply for purposes of this chapter, except as otherwise provided in this chapter: ( a ) *Commission* means the Federal Energy Regulatory Commission.
( b ) *Chairman* means the Chairman of the Commission.
( c ) *Commissioner* and *Member* mean a member of the Commission.
( d ) *Secretary* means the Secretary of the Commission.
( e ) *Executive Director* means the Executive Director of the Commission.
( f ) *General Counsel* means the General Counsel of the Commission.
( g ) *DOE Act* means the Department of Energy Organization Act.
( h ) *DOE* means the Department of Energy.
( i ) *Administrative law judge* means an officer appointed under section 3105 of title 5 of the United States Code.
( j ) *Attorney* means an attorney admitted to practice before the Supreme Court of the United States or the highest court of any State, territory of the United States, or the District of Columbia, or any other person with the requisite qualifications to represent others, who acts in a representative capacity for any participant before the Commission.
( k ) *State Commission* means the regulatory body of any State or municipality having jurisdiction to regulate rates or charges for the sale of electric energy or natural gas to consumers or for the transportation of oil by pipeline within the State or municipality.
( l ) *Oath* includes *affirmation* and *sworn* includes *affirmed.*
[Order 225, 47 FR 19022, May 3, 1982; 48 FR 786, Jan. 7, 1983]
§ 93.701 Prohibitions. ( a ) No person may import a hedgehog or tenrec into the United States from any region designated in § 94.1 of this chapter as a region where foot-and-mouth disease exists.
( b ) No person may import a brushtail possum or hedgehog into the United States from New Zealand.
( c ) No person may import leopard tortoise (*Geochelone pardalis*), African spurred tortoise (*Geochelone sulcata*), or Bell's hingeback tortoise (*Kinixys belliana*) into the United States.
[55 FR 31495, Aug. 2, 1990. Redesignated and amended at 56012, 56021, Oct. 28, 1997; 65 FR 15218, Mar. 22, 2000]
# C_2012174EN.01001302.xml

| 16.6.2012 | EN | Official Journal of the European Union | C 174/13 |
| --- | --- | --- | --- |

16.6.2012

EN

Official Journal of the European Union

C 174/13

---

Judgment of the Court (Third Chamber) of 3 May 2012 — Legris Industries SA v European Commission

(Case C-289/11 P) (1)

1

(Appeal - Competition - Cartels - Copper fittings and Copper alloy fittings Sector - Commission decision finding an infringement of Article 81 EC - Fines - Parent companies and subsidiaries - Whether unlawful conduct attributable)

2012/C 174/18

Language of the case: French

Parties

Parties

Appellant: Legris Industries SA (represented by: A. Wachsmann and S. Thibault-Liger, avocates)

Appellant:

Other party to the proceedings: European Commission (represented by: C. Giolito, acting as Agent)

Other party to the proceedings:

Re:

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 24 March 2011 in Case T-376/06 Legris Industries v Commission, by which the Court dismissed the action for partial annulment of Commission Decision C(2006) 4180 final of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings) — Copper Fittings and Copper Alloy Fittings Sector — Infringement of the right of access to an independent and impartial tribunal — Whether unlawful conduct attributable — Infringement of the principles of equal treatment, personal liability and the principle that the penalty must be specific to the offender — Distortion of evidence

Legris Industries

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Legris Industries SA to pay the costs. |
| --- | --- |

2.

Orders Legris Industries SA to pay the costs.

---

(1)  OJ C 252, 27.8.2011.

1

---
##### 



EXHIBIT 32.1
 CERTIFICATION PURSUANT
TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The accompanying annual report on Form 10-K for the fiscal year ended March 31,
2006 fully complies with the requirements of Section 13(a) or Section 15(d) of the
Securities Exchange Act of 1934, as amended; and(2)
    
    The information contained in such report fairly presents, in all material
respects, the financial condition and results of operations of Terremark Worldwide,
Inc.
 Date:  June 14, 2006
    /s/ Manuel D. MedinaChairman, President and Chief Executive Officer(Principal Executive Officer)
<PAGE>





                                                                   EXHIBIT 10.26

                      FIRST AMENDMENT TO SECURITY AGREEMENT

                  THIS FIRST AMENDMENT TO SECURITY AGREEMENT (this "Amendment"),
is made as of January 30, 2003, by and between M&E Advisors L.L.C., as
collateral agent for the Secured Parties (in such capacity, together with any
successor in such capacity, the "Collateral Agent") and Motient Communications
Inc., a Delaware corporation (the "Pledgor").

                  WHEREAS, Collateral Agent and Pledgor are parties to that
certain Security Agreement dated as of January 27, 2003 (the Security
Agreement"), pursuant to which to Pledgor granted to the Secured Parties a
security interest in the Collateral to secure the full and punctual performance
of the Secured Obligations;

                  WHEREAS, Collateral Agent and Pledgor desire to make certain
modifications to the Security Agreement; and

                  WHEREAS, all capitalized terms used herein and not otherwise
defined herein shall have the meanings ascribed to such terms in the Security
Agreement.

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

                  1. Exhibit B of the Security Agreement is hereby amended by
adding the following:

                           "6. All of Pledgor's right, title and interest in and
         to the cash and/or certificates of deposit in an aggregate amount of up
         to $1,125,000 to be deposited over a twelve (12) month period beginning
         January 2003 with Millennium Bank, N.A. as collateral for one or more
         letters of credit to be issued by Millennium Bank, N.A. in favor of
         Hewlett Packard Financial Services."

                  2. Except as expressly modified hereby, all other terms and
conditions of the Security Agreement shall remain in full force and effect in
accordance with their terms.

                  3. This Amendment may be executed in one or more counterparts,
each of which will be deemed at original and all of which together will
constitute one and the same instrument.



             [The remainder of this page intentionally left blank.]



<PAGE>


                  IN WITNESS WHEREOF, each of the parties hereto has caused this
Amendment to be duly executed and delivered in its name and on its behalf, all
as of the day and year first above written.

                               MOTIENT COMMUNICATIONS INC.



                               By:     /s/  Patricia C. Tikkala
                               ----------------------------------------
                               Name:      Patricia C. Tikkala
                               Title:     V.P. Chief Financial Officer



                               M&E ADVISORS L.L.C., as Collateral
                               Agent

                               By:     /s/ Gary Singer
                               ----------------------------------------
                               Name:   Gary Singer
                               Title:   Investment Advisor