alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                   EXHIBIT 10.46

[LOGO]  [HELLER FINANCIAL LETTERHEAD]

January 22, 1998

Jalate, Ltd.
6557 Flotilla Street
Los Angeles, CA 90040
Attn: Fred Findley

Re:   Collection Date Factoring Agreement and Revolving Loan
      Agreement, both dated June 30, 1997

Dear Mr. Findley:

This letter is in reference to the above described factoring and loan
agreements. We understand that Jalate, Ltd. ("Jalate") intends to sell and issue
to certain lenders (the "Lenders") $950,000 aggregate principal amount of 10%
subordinated secured promissory notes (the "Notes"). A copy of the form of the
Notes in substantially its final form is attached to this letter as Exhibit A.
We further understand that Jalate will execute a Security and Pledge Agreement
(the "Security Agreement") pursuant to which Jalate will pledge as collateral
for the Notes (i) all of the capital stock of Air Shop Ltd. ("Air Shop") now or
hereafter acquired by Jalate and (ii) all of Jalate's rights under that certain
letter agreement (the "Letter Agreement") among Jalate, Dominique Camacho and
Air Shop dated October 17, 1997 with respect to the investment by Jalate in Air
Shop. A copy of the form of the Security Agreement in substantially its final
form is attached hereto as Exhibit B.

To the extent required by the terms of the above described factoring and loan
agreements, we hereby consent to the sale and issuance of the Notes (in
substantially the form attached hereto) by Jalate to the Lenders and the grant
of the security interests provided for in the Security Agreement (in
substantially the form attached hereto). In addition, we hereby waive any
security interest that we may otherwise have in the collateral provided for in
the Security Agreement.

Our consent and waiver is conditioned upon Jalate's agreement that, without our
prior written consent, Jalate will not prepay the Notes except with the net
proceeds of an equity offering.

Please indicate your agreement to this condition by counter-signing both copies
of this letter and returning one of those copies to us.

Very truly your,

HELLER FINANCIAL, INC.

By: [SIG]
   --------------------------

Title:
      -----------------------

                          SIGNATURE ON FOLLOWING PAGE
<PAGE>   2

Jalate, Ltd.
Page 2

--------------------------------------------------------------------------------
[LOGO] HELLER FINANCIAL

Jalate hereby agrees that, without the prior written consent of Heller
Financial, Inc. Jalate will not prepay the Notes except with the net proceeds
of an equity offering.

JALATE, LTD.

By: /s/ FREDERICK A. FINDLEY
    -----------------------------------
    Frederick A. Findley
    Vice President and
    Chief Financial Officer
### §715c. Suspension of operation of section 715b of this title

Whenever the President finds that the amount of petroleum and petroleum products moving in interstate commerce is so limited as to be the cause, in whole or in part, of a lack of parity between supply (including imports and reasonable withdrawals from storage) and consumptive demand (including exports and reasonable additions to storage) resulting in an undue burden on or restriction of interstate commerce in petroleum and petroleum products, he shall by proclamation declare such finding, and thereupon the provisions of section 715b of this title shall be inoperative until such time as the President shall find and by proclamation declare that the conditions which gave rise to the suspension of the operation of the provisions of such section no longer exist. If any provision of this section or the application thereof shall be held to be invalid, the validity of application of section 715b of this title shall not be affected thereby.

(Feb. 22, 1935, ch. 18, §4, 49 Stat. 31.)
# C_2012366EN.01002002.xml

| 24.11.2012 | EN | Official Journal of the European Union | C 366/20 |
| --- | --- | --- | --- |

24.11.2012

EN

Official Journal of the European Union

C 366/20

---

Order of the Court of 27 June 2012 — Fuchshuber Agrarhandel GmbH v European Commission

(Case C-491/11 P) (1)

1

(Appeals - Common Agricultural Policy - Purchase of maize from the Hungarian intervention agency - Insufficient stocks - Alleged failure by the Commission in its obligation to conduct checks - Non-contractual liability)

2012/C 366/34

Language of the case: German

Parties

Parties

Appellant: Fuchshuber Agrarhandel GmbH (represented by: G. Lehner, Rechtsanwalt)

Appellant:

Other party to the proceedings: European Commission (represented by: G. von Rintelen and D. Triantafyllou, Agents)

Other party to the proceedings:

Re:

Re:

Appeal against the order of the General Court (Second Chamber) of 21 July 2011 in Case T-451/10 Fuchshuber Agrarhandel v Commission, by which that Court dismissed as manifestly lacking any foundation in law the action for damages seeking to obtain compensation for the loss allegedly suffered by reason of the Commission’s failure to check the conditions governing the implementation of standing invitations to tender for the resale on the Community market of cereals, in this case maize held by the Hungarian intervention agency.

Fuchshuber Agrarhandel

Commission

Operative part of the order

Operative part of the order

The Court hereby orders:

| 1. | The appeal is dismissed. |
| --- | --- |

1.

The appeal is dismissed.

| 2. | Fuchshuber Agrarhandel GmbH is ordered to pay the costs. |
| --- | --- |

2.

Fuchshuber Agrarhandel GmbH is ordered to pay the costs.

---

(1)  OJ C 13, 14.01.2012.

1

---
Exhibit 32


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 SUNBURST ACQUISITIONS V, INC.
(the "Company") on Form 10-QSB for the period ending July 31, 2007,
(the "Report"), I, Terrence Ho, Chief Executive Officer and Chief Financial
and Accounting Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that:

1)	The Report fully complies with the requirement 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 Company's financial position and results of
operations.

August 24, 2007

	/s/ Terrence Ho
	    Executive Director
### §9204. Generative adversarial network defined

In this chapter, the term "generative adversarial network" means, with respect to artificial intelligence, the machine learning process of attempting to cause a generator artificial neural network (referred to in this section as the "generator" 1 and a discriminator artificial neural network (referred to in this section as a "discriminator") to compete against each other to become more accurate in their function and outputs, through which the generator and discriminator create a feedback loop, causing the generator to produce increasingly higher-quality artificial outputs and the discriminator to increasingly improve in detecting such artificial outputs.

(Pub. L. 116–258, §6, Dec. 23, 2020, 134 Stat. 1152.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 116–258, Dec. 23, 2020, 134 Stat. 1150, known as the Identifying Outputs of Generative Adversarial Networks Act and also as the IOGAN Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of this title and Tables.

This section, referred to in text, was in the original "this paragraph", and was translated as reading "this section", meaning section 6 of Pub. L. 116–258, to reflect the probable intent of Congress.

1 So in original. Probably should be followed by a closing parenthesis.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE PILOT
NETWORK SERVICES, INC. FORM 10-Q FOR THE PERIOD ENDED JUNE 30, 1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           5,375
<SECURITIES>                                     9,488
<RECEIVABLES>                                    2,951
<ALLOWANCES>                                       222
<INVENTORY>                                          0
<CURRENT-ASSETS>                                18,262
<PP&E>                                          27,589
<DEPRECIATION>                                   9,671
<TOTAL-ASSETS>                                  36,702
<CURRENT-LIABILITIES>                           12,101
<BONDS>                                          4,628
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            14
<OTHER-SE>                                      19,959
<TOTAL-LIABILITY-AND-EQUITY>                    36,702
<SALES>                                          5,816
<TOTAL-REVENUES>                                 5,816
<CGS>                                            6,430
<TOTAL-COSTS>                                    6,430
<OTHER-EXPENSES>                                 4,333
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (250)
<INCOME-PRETAX>                                (5,197)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,197)
<EPS-BASIC>                                     (0.38)
<EPS-DILUTED>                                   (0.38)


</TABLE>
Attachment 003

These pages have been omitted as Confidential Business Information
Exhibit 10.14


 


AMENDMENT NUMBER ONE


TO THE


CHEVIOT SAVINGS BANK


AMENDED AND RESTATED DIRECTORS DEFERRED
COMPENSATION PLAN


 


WHEREAS, Cheviot
Savings Bank (the “Bank”) maintains the Amended and Restated Directors Deferred Compensation Plan (the “Plan”);
and


 


WHEREAS, the
Bank desires to amend the Plan to use a current interest rate for purposes of present value calculations and to make certain clarifying
changes; and


 


WHEREAS, Section
6.1 of the Plan permits the Bank to amend the Plan from time to time, provided that to the extent any amendment would adversely
impact the accrued benefits of any Participant, the amendment shall require the written consent of such Participant.


 


NOW THEREFORE, BE
IT RESOLVED that the Plan shall be, and hereby is, amended as follows:


 


Section 1.          Actuarial
Equivalence Factor. Section 3.4 of the Plan is amended to replace the reference “on the sole basis of an interest rate
assumption of 7% per annum” with “by using the prime rate as published in The Wall Street Journal from time
to time.”


 


Section 2.          Effect
of Change in Control on Payment of Benefit. The last sentence of Section 4.2 of the Plan is amended and restated to read as
follows:


 


“The amount of such single
sum payment shall be determined under the provisions of Article III above, and for purposes of clarification: (i) a present value
calculation shall take into account the normal form of the Participant’s plan benefit only and not the Participant’s
age, and (ii) each Participant shall become automatically 100% vested in his or her benefits.”


 


Section 3. Governing
Law. This Amendment and the rights and obligations hereunder shall be governed by and construed in accordance with the laws
of the State of Ohio.


 


Section 4.  Counterparts.
This Amendment may be executed in any number of counterparts, each of which shall for all purposes be deemed an original, and all
of which together shall constitute but one and the same instrument.


 


Section 5.  Effectiveness.
All other provisions of the Plan shall continue in full force and effect.


 




     


     

    

 


IN WITNESS WHEREOF,
this Amendment has been executed this 1st day of  August 2015.


 


	 	CHEVIOT SAVINGS BANK
	 	 
	 	 
	 	By	/s/ Mark T. Reitzes
	 	 	Mark T. Reitzes
	 	 	President and Chief Executive Officer


 




    	 	2
### SUBCHAPTER CXXXVIII—NELLIS DUNES OFF-HIGHWAY VEHICLE RECREATION AREA
#### Gregory Boomer, Appellant, v James E. Gross, Respondent.

[825 NYS2d 171]

Carpinello, J.

Appeal from an order of the Supreme Court (Malone, Jr., J), entered May 24, 2005 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.

In 1994, plaintiff was convicted of, among other crimes, attempted murder *(People v Boomer,*230 AD2d 941 [1996], *lv denied*89 NY2d 919 [1996]; *People v Boomer,*220 AD2d 833 [1995]). Defendant is an attorney to whom plaintiffs stepfather paid $1,000 in 2001 “to assist” plaintiff in the filing of a CPL article 440 motion challenging these convictions. Defendant contends that after investigating the matter, he determined that any such application would be meritless and offered to return “some or all” of the money. Notwithstanding, plaintiff filed the instant action for, among other causes of action, legal malpractice. Plaintiff now appeals from an order of Supreme Court which granted defendant’s motion for summary judgment dismissing the complaint.

In dismissing the action, Supreme Court relied on the well-settled principle that any action for legal malpractice arising out of a criminal case is barred so long as the determination of guilt is undisturbed *(see Carmel v Lunney,*70 NY2d 169, 173 [1987]). Plaintiff primarily contends that this reliance was in error. Specifically, he argues that this rule is applicable only to legal representation which occurs “during trial.” We find no such limitation in the rule which has been consistently applied to alleged malpractice occurring outside of the actual trial *(see e.g. Rosado v Legal Aid Socy.,*12 AD3d 356 [2004]; *Matter of Swain v County of Albany,*268 AD2d 747 [2000], *lv denied*94 *1097NY2d 764 [2000]; *Malpeso v Burstein & Fass,*257 AD2d 476 [1999]). Indeed, we have noted that “[t]he fact that [the] alleged negligence did not contribute to petitioner’s criminal conviction is irrelevant” *(Matter of Swain v County of Albany, supra*at 748).

Plaintiff’s remaining contentions have been reviewed and rejected as without merit.

Crew III, J.E, Rose, Lahtinen and Kane, JJ., concur. Ordered that the order is affirmed, without costs.
§ 381.195 Definitions; requirements for importation into the United States. ( a ) When used in this part, the following terms are defined to mean: ( 1 ) *Import (imported).* To bring within the territorial limits of the United States whether that arrival is accomplished by land, air, or water.
( 2 ) *Offer(ed) for entry.* The point at which the importer presents the imported product for reinspection.
( 3 ) *Entry (entered).* The point at which imported product offered for entry receives reinspection and is marked with the official mark of inspection, as required by § 381.204.
( b ) No slaughtered poultry, or parts or products thereof, shall be imported into the United States unless they are healthful, wholesome, fit for human food, not adulterated, and contain no dye, chemical, preservative, or ingredient which renders them unhealthful, unwholesome, adulterated, or unfit for human food and they also comply with the regulations prescribed in this subpart to assure that they comply with the standards provided for in the Act: *Provided,* That the provisions of this subpart apply to such articles only if they are capable of use as human food.
( c ) Except as provided in § 381.207, slaughtered poultry and other poultry products may be imported only if they were processed solely in countries found eligible to export poultry products to the United States under § 381.196(b). Slaughtered poultry may be imported only if it qualifies as ready-to-cook poultry.
[37 FR 9706, May 16, 1972, as amended at 40 FR 42338, Sept. 12, 1975; 54 FR 41049, Oct. 5, 1989; 79 FR 56233, Sept. 19, 2014; 84 FR 65268, Nov. 27, 2019]
{01014.004 / 111 / 00106936.DOC}

December 19, 2012

Via E-Mail

Mr. Richard P. Keigwin, Jr. 

Director of Pesticide Re-Evaluation Division

Office of Chemical Safety and Pollution Prevention (OCSPP)

U.S. Environmental Protection Agency

Mail Code: 7503P

Ariel Rios Building

1200 Pennsylvania Avenue, N.W.

Washington, D.C. 20460

Re: Soil Fumigants -- In-Person Training

Dear Rick:

On behalf of the Chloropicrin Manufacturers’ Task Force, the Metam Task 

Force, the Methyl Bromide Industry Panel, and Dow AgroSciences (collectively “the 

Registrants”), thank you for your letter dated December 13, 2012. The Registrants are pleased 

that EPA finds our November 30, 2012, response acceptable on the four items noted in your 

letter. With regard to your request for clarification, it is the Registrants’ understanding that our 

respective member companies plan to provide access to labels or sample labels during all inperson training sessions, including during the exam portions of those sessions. 
Mr. Richard P. Keigwin, Jr. 

December 19, 2012

Page 2

{01014.004 / 111 / 00106936.DOC}

We hope that this clarification is helpful. As always, we would be pleased to 

discuss any questions or concerns with you if that would be of use.

Sincerely,

Lisa M. Campbell

Counsel to Metam Task Force

Sara Beth Watson

Counsel to Chloropicrin Manufacturers’ Task 

Force

Tracy A. Heinzman

Counsel to Methyl Bromide Industry Panel

David E. Barnekow

RSGA Global Regulatory Leader for Fumigant 

GBLMT

Dow AgroSciences

cc: Mr. Kevin Costello (via e-mail)

Mr. John E. Leahy (via e-mail)
### **CHAPTER 2E—OMNIBUS SMALL BUSINESS CAPITAL FORMATION**

Sec.
80c.
Liaison between Securities and Exchange Commission and Small Business Administration.
80c–1.
Annual government-business forum on capital formation.
80c–2.
Authorization of appropriations.
80c–3.
Reduction of costs of small securities issues.
Exhibit








Exhibit 10.21


 
FORM OF AMENDMENT TO
SEVERANCE COMPENSATION AGREEMENT
This AMENDMENT modifies the Severance Compensation Agreement dated _____ between Albemarle Corporation, a Virginia corporation (the "Company"), and _____ ("Employee") (referred to herein as the "Agreement").
1.Paragraph 3 of the Agreement is amended to add a new paragraph (c) at the end thereof to read as follows:
"(c) Notwithstanding paragraphs (a) and (b) of this Section 3, with respect to any awards granted under the Incentive Plans in 2014 or later, upon a Change in Control, such awards shall be treated in accordance with the terms of the Notices granting such awards."
2.Paragraph 2.a(vi) of the Agreement is amended in its entirety to read as follows:
"(vi)     Financial Counseling. Following your Date of Termination, the Corporation shall make available to you, two years (plus the remaining unexpired portion of the year in which your Date of Termination falls) of financial counseling services which may include tax counseling services. You may select the organization that will provide you with the financial and tax counseling services, however, the Corporation's obligation to provide you benefits under this subsection (vi) shall be limited to $25,000. To be eligible for reimbursement, the financial counseling must begin in the calendar year of your Date of Termination, unless such Date of Termination is less than 60 days before the end of such calendar year, in which case the financial counseling must begin no later than during the following calendar year."
3.Except as otherwise provided in this Amendment, defined terms used in this Amendment shall have the same meanings as set forth in the Agreement, as applicable.
4.Except as otherwise provided in this Amendment, all other terms and provisions of the Agreement shall remain unchanged.











5.The provisions of this Amendment to the Agreement shall be effective as of the date hereof.


[SIGNATURE PAGE FOLLOWS]











IN WITNESS WHEREOF, the Company and Employee have caused this Amendment to be signed, each on their own behalf, as of this _____ day of _____, 2015.
ALBEMARLE CORPORATION
	
		
	By
	 




	
		
	 
	 

	Employee
### §2461. Audit, review, and evaluation

#### (a) Audit, etc., by Comptroller General

The Comptroller General of the United States shall audit, review, and evaluate the implementation of the provisions of this chapter by the Center.

#### (b) Report to Congress; contents

Not less than thirty months nor more than thirty-six months after November 28, 1975, the Comptroller General shall prepare and submit to the Congress a report on his audit conducted pursuant to subsection (a), which shall contain, but not be limited to, the following:

(1) an evaluation of the effectiveness of the Center's activities;

(2) an evaluation of the effect of the activities of the Center on the efficiency, and effectiveness, of affected Federal agencies in carrying out their assigned functions and duties under this chapter; and

(3) recommendations concerning any legislation he deems necessary, and the reasons therefor, for improving the implementation of the objectives of this chapter as set forth in section 2402 of this title.

(Pub. L. 94–136, title V, §501, Nov. 28, 1975, 89 Stat. 742.)
USDA is an equal opportunity provider, employer, and lender.

STAKEHOLDER ANNOUNCEMENT

USDA Seeks Applications to Help Socially Disadvantaged Ag Producers and Rural Business 

Owners

 

WASHINGTON, June 7, 2017 – Rural Development Acting Deputy Undersecretary Roger Glendenning today 

announced that USDA is accepting applications for grants to help socially disadvantaged agricultural producers 

and rural business owners.

“These grants help ensure that rural business owners have what they need to succeed in today’s competitive, 

global economy,” Glendenning said. “According to the U.S. Small Business Administration, small businesses 

employ more than half of all U.S. workers. Their success is vital to the nation’s economy.”

USDA is awarding up to $3 million in grants through the Socially Disadvantaged Groups Grant program to help 

small businesses retain and create jobs in rural areas. USDA defines a socially disadvantaged group as one 

whose members have been subjected to racial, ethnic or gender prejudice because of their identity without 

regard to their individual qualities.

Eligible grant recipients include cooperatives, groups of cooperatives and cooperative development centers that 

serve socially disadvantaged groups. Examples of technical assistance include leadership training, and support

to develop feasibility studies, business plans and strategic plans. Recipients can be based in any area, but the 

businesses or organizations they serve must be in an eligible rural area. 

For information on how to apply for these grants, see page 26426 of the June 7 Federal Register. The deadline 

to submit paper applications is August 1, 2017. Electronic applications submitted through grants.gov are due 

July 25, 2017. For additional information and assistance, contact the USDA Rural Development Office serving 

your county.

#

USDA is an equal opportunity provider, employer and lender.