alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 1240
Editorial Note: Nomenclature changes to part 1240 appear at 68 FR 9846, Feb. 28, 2003, and at 68 FR 10355, Mar. 3, 2003.

§ 1240.32 Hearing. ( a ) *Opening.* Exclusion hearings shall be closed to the public, unless the alien at his or her own instance requests that the public, including the press, be permitted to attend; in that event, the hearing shall be open, provided that the alien states for the record that he or she is waiving the requirement in section 236 of the Act that the inquiry shall be kept separate and apart from the public. When the hearing is to be open, depending upon physical facilities, reasonable limitation may be placed upon the number in attendance at any one time, with priority being given to the press over the general public. The immigration judge shall ascertain whether the applicant for admission is the person to whom Form I-122 was previously delivered by the examining immigration officer as provided in 8 CFR part 1235; enter a copy of such form in evidence as an exhibit in the case; inform the applicant of the nature and purpose of the hearing; advise him or her of the privilege of being represented by an attorney of his or her own choice at no expense to the Government; advise him or her of the availability of pro bono legal services for the immigration court location at which the hearing will take place, and ascertain that he or she has received a list of such pro bono legal service providers; and request him or her to ascertain then and there whether he or she desires representation; advise him or her that he or she will have a reasonable opportunity to present evidence in his or her own behalf, to examine and object to evidence against him or her, and to cross-examine witnesses presented by the Government; and place the applicant under oath.
( b ) *Procedure.* The immigration judge shall receive and adduce material and relevant evidence, rule upon objections, and otherwise regulate the course of the hearing.
( c ) *Attorney for DHS.* DHS shall assign an attorney to each case in which an applicant's nationality is in issue and may assign an attorney to any case in which such assignment is deemed necessary or advantageous. The duties of the DHS include, but are not limited to, the presentation of evidence and the interrogation, examination, and cross-examination of the applicant and other witnesses. Nothing contained in this section diminishes the authority of an immigration judge to conduct proceedings under this part.
( d ) *Depositions.* The procedures specified in § 1240.48(e) shall apply.
( e ) *Record.* The hearing before the immigration judge, including the testimony, exhibits, applications, proffers, and requests, the immigration judge's decision, and all written orders, motions, appeals, and other papers filed in the proceeding shall constitute the record in the case. The hearing shall be recorded verbatim except for statements made off the record with the permission of the immigration judge.
[62 FR 10367, Mar. 6, 1997, as amended at 80 FR 59513, Oct. 1, 2015; 86 FR 70724, Dec. 13, 2021]
#### In the Matter of the Arbitration Between Joseph L. Kallus, Respondent, and Ideal Novelty & Toy Company, Appellant.

Second Department,

October 18, 1943.

*608
      *Mordecai Konowits (Ralph, Copland*and *Murray H. Paloger*with him on the brief), for appellant.

*Walter S. Beck (Leon Alexandroff*with him on the brief), for respondent.

*Per*Curiam.

That part of the agreement which provides that the period of time for which the license is to continue and royalties are to be paid shall be determined by arbitration is valid and enforcible. *(Mutual Life Ins. Co.*v. *Stephens,*214 N. Y. 488, 495, 496; *People ex rel. U. Ins. Co.*v. *Nash,*111 N. Y. 310 ; *Smith*v. *Rector, etc., of St. Philip’s Church,*107 N. Y. 610, 620; *Hydraulic Power Co.*v. *Pettebone-Cataract P. Co.,*198 App. Div. 644, 650, 651; *Weir*v. *Barker,*104 App. Div. 112, 122,123; *Van Beuren*v. *Wotherspoon,*12 App. Div. 421, 164 N. Y. 368, 378; cf. *Matter of*Fletcher, 237 N. Y, 440, at pp. 445, 448, 450.) *609This provision of the agreement presents a controversy which is precedent to the other issues sought to "be arbitrated between the parties, and comes within the terms of the amendment (L. 1941, ch. 288) to section 1448 of the Civil Practice Act. That amendment appears to have been enacted for the express purpose of subjecting such questions to arbitration. Prior to the amendment they were not arbitrable. *(Matter of Culbertson*v. *Kem Playing Cards, Inc.,*259 App. Div. 263, 264; *Matter of American Insurance Co.,*208 App. Div. 168, 170, 171; *Matter of Fletcher, supra,*pp. 440,444-447.) *Matter of Stern*(285 N. Y. 239), decided five days after the effective date of this amendment, does not relate thereto and is readily distinguished. That case merely holds a submission to arbitration under the statute must embrace a controversy “ which may be the subject of an action,” and that the question of allowance to be made by the husband for the support of his wife and child may not, except as an incident to a matrimonial action, be made the subject of an action.

The order denying motion to stay, an arbitration proceeding should be affirmed, with ten dollars costs and disbursements.

Close, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

Order affirmed, with ten dollars costs and disbursements.
**HECO Exhibit 23.2**

Consent of Independent Registered Public Accounting Firm 

The Board of Directors 

Hawaiian Electric Company, Inc.: 

We consent to incorporation by reference inRegistration Statement Nos. 333-111073, 333-111073-01, 333-111073-02 and 333-111073-03 on Form S-3 of Hawaiian Electric Company, Inc., Hawaii Electric Light Company, Inc., Maui Electric Company, Limited, and HECO Capital Trust III, respectively, ofour reports dated February 21, 2008, with respect to the consolidated balance sheets and consolidated statements of capitalization of Hawaiian Electric Company, Inc. and subsidiaries as of December 31, 2007 and 2006, and the relatedconsolidated statements of income, changes in common stock equity, and cash flows for each of the years in the three-year period ended December 31, 2007 and the effectiveness of internal control over financial reporting as ofDecember 31, 2007, and our report dated February 21, 2008 on the related financial statement schedules, which reports are incorporated by reference and appear, respectively, in the 2007 annual report on Form 10-K of Hawaiian ElectricIndustries, Inc. 

Our reports refer to a change in the method of accounting for income taxes in 2007. 

/s/ KPMG LLP 

Honolulu, Hawaii 

February 28, 2008
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Small Business Administration [Disaster Declaration #12495 and #12496]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Illinois (FEMA-1960-DR), dated 03/17/2011. *Incident:*
                         Severe Winter Storm and Snowstorm. Incident Period: 01/31/2011 through 02/03/2011. *Effective Date:*
                         03/17/2011. *Physical Loan Application Deadline Date:*
                         05/16/2011. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         12/19/2011.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 03/17/2011, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Adams, Bond, Boone, Brown, Bureau, Calhoun, Carroll, Cass, Christian, Clark, Clay, Coles, Cook, Crawford, Cumberland, Dekalb, Douglas, Dupage, Edgar, Effingham, Fayette, Ford, Fulton, Hancock, Henderson, Henry, Jasper, Jo Daviess, Kane, Knox, La Salle, Lake, Lee, Logan, Marion, Marshall, Mason, Mcdonough, Mchenry, Menard, Mercer, Morgan, Moultrie, Ogle, Peoria, Pike, Putnam, Richland, Rock Island, Schuyler, Scott, Shelby, Stark, Tazewell, Warren, Washington, Whiteside, Will, Winnebago, Woodford. The Interest Rates are: PercentFor Physical Damage:Non-Profit Organizations With Credit Available Elsewhere
3.250( print page 16847)Non-Profit Organizations Without Credit Available Elsewhere
3.000For Economic Injury:Non-Profit Organizations Without Credit Available Elsewhere
3.000
 The number assigned to this disaster for physical damage is 12495B and for economic injury is 12496B. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administrator for Disaster Assistance.


[FR Doc. 2011-7064 Filed 3-24-11; 8:45 am] BILLING CODE 8025-01-P
The Cibola National Forest uses the most current data available.

Updates are performed as new information becomes available. 

No warranties are made regarding the accuracy of these data.

0 1.5 3 6 9 The map was produced on June 15, 2006. ® Miles

Dominant Vegetation Types on the

Black Kettle National Grassland Units

Vegetation Type

Mixed Grass Prairie

Exotic grassland

Cottonwood-willow riparian

Shelterbelts

Shinnery oak grassland

Sparsely vegetated

Agriculture

Water

UTM zone 14 north, NAD 27

1:225,000

Reference Map

0 165 330 660

Miles

NM

TX OK

Dominant vegetation derived from object-based

modeling using Landsat TM imagery (aquired 2002)

81
The Cibola National Forest uses the most current data available.

Updates are performed as new information becomes available. 

No warranties are made regarding the accuracy of these data.

The map was produced on June 15, 2006.

0 0.2 0.4 0.8 1.2 ® Miles

Dominant Vegetation Types in the Lake Marvin Unit 

(part of the Black Kettle National Grassland) and McClellan Creek National Grassland Unit

Vegetation Type

Mixed grass prairie

Exotic grassland

Cottonwood-willow riparian

Sparsely vegetated

Water

UTM zone 14 north, NAD 27

1:40,000

Reference Map

0 165 330 660

Miles

NM

TX OK

McClellan Creek 

National Grassland

Lake Marvin Unit

Dominant vegetation derived from object-based

modeling using Landsat TM imagery (aquired 2001 & 2002)

82
UTM zone 13 north, NAD 27

1:450,000

The Cibola National Forest uses the most current data available.

Updates are performed as new information becomes available. 

No warranties are made regarding the accuracy of these data. 0 3 6 12 18 The map was produced on January 25, 2007. ® Miles

Kiowa

Rita Blanca

NM

TX OK

0 125 250 500

Miles

Dominant Vegetation Types Reference Map

on the 

East Kiowa-Rita Blanca National Grasslands Units

Dominant vegetation derived from object-based

modeling using Landsat TM imagery (acquired 2002).

Legend

Other

Mixed grass prairie

Shortgrass prairie

83
Dominant Vegetation Types

on the 

West Kiowa-Mills Area National Grassland Units

UTM zone 13 north, NAD 27

1:300,000

The Cibola National Forest uses the most current data available.

Updates are performed as new information becomes available. 

No warranties are made regarding the accuracy of these data.

The map was produced on January 25, 2007. 0 3 6 9 1.5 ® Miles

NM

TX OK

0 125 250 500

Miles

Reference Map

Legend

Cottonwood-willow riparian

Pinon-juniper (w/ inclusions of ponderosa pine)

Shortgrass prairie

Dominant vegetation derived from object-based

modeling using Landsat TM imagery (acquired 2002).

84
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#### Damte Zebulun, Appellant, v Mamadou Oury Bah et al., Respondents.

[823 NYS2d 897]

Supreme Court, New York *379County (Milton A. Tingling, J.), entered May 4, 2005,. which denied plaintiffs motion to vacate a default judgment and renew a prior motion seeking to vacate dismissal of the complaint, unanimously affirmed, without costs.

Plaintiffs latest motion was not based upon new facts (CPLR 2221 [e] [2])—the physician’s affirmation he submitted was dated December 9, 2003—and plaintiff did not explain his failure to present such facts on the prior motion (CPLR 2221 [e] [3]). Hence, leave to renew was properly denied *(see e.g. Wal-Mart Stores, Inc. v United States Fid. & Guar. Co.,*11 AD3d 300, 301 [2004]; *Chelsea Piers Mgt. v Forest Elec. Corp.,*281 AD2d 252 [2001]). The motion court was not obliged to grant plaintiffs request for renewal simply because defendants had failed to oppose it. Concur—Buckley, RJ., Tom, Mazzarelli, Williams and McGuire, JJ.
###### Editorial Note on Part 1003

#### Editorial Note:

Nomenclature changes to part 1003 appear at 68 FR 9846, Feb. 28, 2003, and at 68 FR 10350, Mar. 5, 2003.

#### § 1003.29 Continuances.

The immigration judge may grant a motion for continuance for good cause shown, provided that nothing in this section shall authorize a continuance that causes the adjudication of an asylum application to exceed 180 days in the absence of exceptional circumstances, consistent with section 208(d)(5)(A)(iii) of the Act and § 1003.10(b).

[85 FR 81750, Dec. 16, 2020]
SECURITIES AND EXCHANGE COMMISSION

Investment Company Act Release No. IC-35086; 812-15522

Octagon XAI CLO Income Fund and XA Investments LLC

January 8, 2024

AGENCY: Securities and Exchange Commission (“Commission” or “SEC”).

ACTION: Notice.

Notice of an application under section 6(c) of the Investment Company Act of 1940 (the “Act”) 

for an exemption from sections 18(a)(2), 18(c) and 18(i) of the Act, under sections 6(c) and 23(c) 

of the Act for an exemption from rule 23c-3 under the Act, and for an order pursuant to section 

17(d) of the Act and rule 17d-1 under the Act.

Summary of Application: Applicants request an order to permit certain registered closed-end 

investment companies to issue multiple classes of shares and to impose asset-based distribution 

and/or service fees and early withdrawal charges.

Applicants: Octagon XAI CLO Income Fund and XA Investments LLC

Filing Date: The application was filed on November 17, 2023.

Hearing or Notification of Hearing: An order granting the requested relief will be issued unless 

the Commission orders a hearing. Interested persons may request a hearing on any application 

by e-mailing the SEC’s Secretary at Secretarys-Office@sec.gov and serving the Applicants with 

a copy of the request by e-mail, if an e-mail address is listed for the relevant Applicant below, or 

personally or by mail, if a physical address is listed for the relevant Applicant below. Hearing 

requests should be received by the Commission by 5:30 p.m. on February 2, 2024, and should be 

accompanied by proof of service on the Applicants, in the form of an affidavit, or, for lawyers, a 

certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature 
2

of the writer’s interest, any facts bearing upon the desirability of a hearing on the matter, the 

reason for the request, and the issues contested. Persons who wish to be notified of a hearing 

may request notification by emailing the Commission’s Secretary. 

ADDRESSES: The Commission: Secretarys-Office@sec.gov. Applicants: Kevin T. Hardy, 

Esq., Skadden, Arps, Slate, Meagher & Flom LLP, 155 North Wacker Drive, Chicago, Illinois 

60606; with a copy to Benjamin McCulloch, Esq., XA Investments LLC, 

bmcculloch@xainvestments.com.

FOR FURTHER INFORMATION CONTACT: Trace W. Rakestraw, Senior Special Counsel, at 

(202) 551-6825 (Division of Investment Management, Chief Counsel’s Office).

SUPPLEMENTARY INFORMATION: For Applicants’ representations, legal analysis, and 

conditions, please refer to Applicants’ application, dated November 17, 2023, which may be 

obtained via the Commission’s website by searching for the file number at the top of this 

document, or for an Applicant using the Company name search field on the SEC’s EDGAR 

system. The SEC’s EDGAR system may be searched at 

https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may also call the 

SEC’s Public Reference Room at (202) 551-8090.

For the Commission, by the Division of Investment Management, under delegated 

authority.

Sherry R. Haywood,

Assistant Secretary.
# Official Journal C 80/2 Ma

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 80 |
| | |
| English edition | Information and Notices | Volume 612 March 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 80

English edition

Information and Notices

Volume 612 March 2018

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 80/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2018/C 80/02 | Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union - Cases where the Commission raises no objections (
  2
  ) | 7 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 80/01

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  1
  )

1

1

2018/C 80/02

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union - Cases where the Commission raises no objections (
  2
  )

2

7

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | European Commission |
| 2018/C 80/03 | State aid — Poland — State aid SA.46981 (2016/N) — Flat rate sales tax in the shipbuilding sector — Invitation to submit comments pursuant to Article 108(2) of the Treaty on the Functioning of the European Union (
  1
  ) | 9 |
| 2018/C 80/04 | State aid — Spain — State aid SA.47912 (2017/NN) — Environmental incentive for coal-fired power plants — Invitation to submit comments pursuant to Article 108(2) of the Treaty on the Functioning of the European Union (
  1
  ) | 20 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

European Commission

2018/C 80/03

State aid — Poland — State aid SA.46981 (2016/N) — Flat rate sales tax in the shipbuilding sector — Invitation to submit comments pursuant to Article 108(2) of the Treaty on the Functioning of the European Union (
  1
  )

1

9

2018/C 80/04

State aid — Spain — State aid SA.47912 (2017/NN) — Environmental incentive for coal-fired power plants — Invitation to submit comments pursuant to Article 108(2) of the Treaty on the Functioning of the European Union (
  1
  )

1

20

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |
| | (2)   Text with EEA relevance, except for products falling under Annex I of the Treaty. |

---

(1)   Text with EEA relevance.

1

(2)   Text with EEA relevance, except for products falling under Annex I of the Treaty.

2

| EN | |
| --- | --- |

EN
***EXHIBIT 32***

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER 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 report on Form 10-QSB of ASP Ventures Corp. for the quarterly period ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (“Report”), I, Nora Coccaro, do hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

 

|   | (1) | This Report complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|-----|------------------------------------------------------------------------------------------------------------------|

|   | (2) | The information contained in this Report fairly represents, in all material respects, the financial condition of the small business issuer at the end of the period covered by this Report and results of operations of the small business issuer for the period covered by this Report. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

/s/ Nora Coccaro

Nora Coccaro

Chief Executive Officer and Chief Financial Officer

November 14, 2007

 

This certification accompanies this Report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the small business issuer for the purposes of §18 of the Securities Exchange Act of 1934, as amended. This certification shall not be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of this Report), irrespective of any general incorporation language contained in such filing.

 

A signed original of this written statement required by §906 has been provided to the small business issuer and will be retained by the small business issuer and furnished to the Securities and Exchange Commission or its staff upon request.

 

 

 

25