alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Shawn Owens, Appellant.

[824 NYS2d 570]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldberg, J.), rendered June 16, 2004, convicting him of criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, there is no basis for disturbing the factual findings and credibility determinations of the hearing court, which are entitled to great deference on appeal *(see People v Prochilo,*41 NY2d 759, 761 [1977]; *People v Lawes,*15 AD3d 417, 418 [2005], *lv denied*7 NY3d 758 [2006]). The record supports the hearing court’s finding that the crack cocaine recovered from the defendant’s person was pursuant to a lawful search.

Viewing the evidence, the law, and the circumstances of the case, we conclude that the defendant was afforded meaningful representation of counsel *(see People v Baldi,*54 NY2d 137, 147 [1981]).

*701The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]). Florio, J.E, Miller, Goldstein and Lunn, JJ., concur.
<PAGE>



                                                                   Exhibit 10.05





February 20, 2004




Julie McGraw
Chief Financial Officer
HMI Industries, Inc.
6000 Lombardo Center, Ste. 500
Seven Hills, Ohio 44131

Dear Julie:

Reference is made to the Term Loan Agreement (herein called the "Instrument")
dated June 8, 2001 and as amended from time to time by and between HMI
Industries, Inc. (herein called the "Borrower") and US Bank (herein called the
"Bank"). In connection therewith and pursuant to violation of the tangible net
worth covenant and EBITDA/Interest covenant, please be advised as follows:

     Notwithstanding the requirements and/or the restrictions contained in the
     Instrument and particularly in Section 5.2 attached addendum, the Bank
     hereby gives its written consent to the Borrower to allow the following
     waiver in the fiscal year ended 9/30/03 and interim period 12/31/03 through
     October 15, 2004:

     I.   Section 5.2 attached addendum:

          Borrower shall maintain a tangible net worth at all times of not less
          than $4,100,000.00; calculated at the end of the quarter, increasing
          at the end of each fiscal year by 50% of positive net income. Amended
          to tangible net worth at all times of not less than $2,400,000
          calculated at the end of the quarter, increasing at the end of each
          fiscal year by 50% of positive net income.

          Borrower shall maintain an EBITDA/Interest coverage of 5.0:1.0 on a
          rolling 4 quarter basis; calculated quarterly. Amended definition to
          exclude loss on Canadian operation of $904M, impairment of $1.6MM and
          one time charges of $575M due to the Genesis Initiative.

These covenants are amended and will be evidenced in amended documents dated
February 20, 2004.

Kindly indicate your acceptance of this agreement by executing and returning the
enclosed copy of this letter.

Very truly yours,


/s/ Judith A. Ulrich
Judith A. Ulrich
Vice President
Commercial Banking


<PAGE>



HMI Industries, Inc..
2/20/2004
Page 2


The Borrower hereby agrees to the waiver set forth above. The Borrower further
agrees all of the other terms, and conditions set forth in the Instrument shall
remain in full force and effect.

Approved and accepted by:

HMI Industries, Inc..

By: /s/ Julie A. McGraw

Title: Vice President- Chief Financial Officer

Date: February 20, 2004
#### Charles Dusenberry, Jr., and Others, Respondents, v. Sagamore Development Company and Others, Appellants.

Motion granted, without costs. Present—Jenks, P. J., Burr, Thomas, Carr and Putnam, JJ.
### §665. Investigations as to effect of sewage, industrial wastes; reports

The Secretary of the Interior, through the Fish and Wildlife Service and the United States Bureau of Mines, is authorized to make such investigations as he deems necessary to determine the effects of domestic sewage, mine, petroleum, and industrial wastes, erosion silt, and other polluting substances on wildlife, and to make reports to the Congress concerning such investigations and of recommendations for alleviating dangerous and undesirable effects of such pollution. These investigations shall include (1) the determination of standards of water quality for the maintenance of wildlife; (2) the study of methods of abating and preventing pollution, including methods for the recovery of useful or marketable products and byproducts of wastes; and (3) the collation and distribution of data on the progress and results of such investigations for the use of Federal, State, municipal, and private agencies, individuals, organizations, or enterprises.

(Mar. 10, 1934, ch. 55, §5, 48 Stat. 402; 1940 Reorg. Plan No. III, §3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 1081; Pub. L. 102–285, §10(b), May 18, 1992, 106 Stat. 172.)

#### **Editorial Notes**

#### Amendments

1946—Act Aug. 14, 1946, amended section generally to provide for investigations as to the effect of sewage and industrial waste on wildlife.

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

#### Change of Name

"United States Bureau of Mines" substituted in text for "Bureau of Mines" pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of Title 30, Mineral Lands and Mining. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of Title 30.

#### **Executive Documents**

#### Transfer of Functions

See Transfer of Functions note set out under section 661 of this title.
UNITED STATES OF AMERICA

BEFORE THE

SECURITIES AND EXCHANGE COMMISSION

INVESTMENT COMPANY ACT OF 1940

Release No. 35062 / November 29, 2023 

In the Matter of:

Nomura Alternative Income Fund

Nomura Private Capital LLC

NCOF, LLC

Worldwide Plaza, 309 W. 49th Street

New York, NY 10019

812-15439

ORDER UNDER SECTIONS 17(d) AND 57(i) OF THE INVESTMENT COMPANY ACT OF 

1940 AND RULE 17d-1 UNDER THE ACT

Nomura Alternative Income Fund, et al. filed an application on February 16, 2023, and

amendments to the application on June 26, 2023, and September 28, 2023, requesting an order 

under sections 17(d) and 57(i) of the Investment Company Act of 1940 (the “Act”) and rule 

17d-1 under the Act. The requested order would permit certain joint transactions otherwise 

prohibited by sections 17(d) and 57(a)(4) of the Act and rule 17d-1 under the Act. In particular, 

the order would permit certain business development companies and registered closed-end 

management investment companies (collectively, the “Regulated Funds”) to co-invest in 

portfolio companies with each other and with certain affiliated investment entities.

On November 3, 2023, a notice of the filing of the application was issued (Investment Company 

Act Release No. 35045). The notice gave interested persons an opportunity to request a hearing 

and stated that an order disposing of the application would be issued unless a hearing was 

ordered. No request for a hearing has been filed, and the Commission has not ordered a hearing.

The matter has been considered and it is found, on the basis of the information set forth in the 

application, as amended, that participation by the Regulated Funds in the proposed transactions 

is consistent with the provisions, policies and purposes of the Act and is on a basis no less 

advantageous than that of other participants. 
2

Accordingly,

IT IS ORDERED, under sections 17(d) and 57(i) of the Act and rule 17d-1 under the Act, that 

the relief requested by Nomura Alternative Income Fund, et al. (File No. 812-15439) is granted, 

effective immediately, subject to the conditions contained in the application, as amended.

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

Sherry R. Haywood,

Assistant Secretary.
Case 16-03271-KRH Doc 30 Filed 11/02/16 Entered 11/02/16 16:01:43 Desc Main

 Document Page 1 of 1
§ 209.1 Adjustment of status of refugees. The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under section 207 of the Act whose application is based on his or her refugee status. ( a ) *Eligibility.* ( 1 ) Every alien in the United States who is classified as a refugee under 8 CFR part 207, whose status has not been terminated, is required to apply to USCIS one year after entry in order for USCIS to determine his or her admissibility under section 212 of the Act, without regard to paragraphs (4), (5), and (7)(A) of section 212(a) of the Act.
( 2 ) Every alien processed by the Immigration and Naturalization Service abroad and paroled into the United States as a refugee after April 1, 1980, and before May 18, 1980, shall be considered as having entered the United States as a refugee under section 207(a) of the Act.
( b ) *Application.* Upon admission to the United States, every refugee entrant will be notified of the requirement to submit an application for permanent residence one year after entry. An application for the benefits of section 209(a) of the Act must be submitted along with the biometrics required by 8 CFR 103.16 and in accordance with the applicable form instructions.
( c ) *Medical examination.* A refugee seeking adjustment of status under section 209(a) of the Act is not required to repeat the medical examination performed under § 207.2(c), unless there were medical grounds of inadmissibility applicable at the time of admission. The refugee is, however, required to establish compliance with the vaccination requirements described under section 212(a)(1)(A)(ii) of the Act.
( d ) *Interview.* USCIS will determine, on a case-by-case basis, whether an interview by an immigration officer is necessary to determine the applicant's admissibility for permanent resident status under this part.
( e ) *Decision.* USCIS will notify the applicant in writing of the decision on his or her application. There is no appeal of a denial, but USCIS will notify an applicant of the right to renew the request for permanent residence in removal proceedings under section 240 of the Act. If the applicant is found to be admissible for permanent residence under section 209(a) of the Act, USCIS will approve the application, admit the applicant for lawful permanent residence as of the date of the alien's arrival in the United States, and issue proof of such status.
( f ) *Inadmissible Alien.* An applicant who is inadmissible to the United States as described in 8 CFR 209.1(a)(1), may, under section 209(c) of the Act, have the grounds of inadmissibility waived by USCIS except for those grounds under sections 212(a)(2)(C) and 212(a)(3)(A), (B), (C), or (E) of the Act for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest. An application for the waiver may be requested with the application for adjustment, in accordance with the form instructions.
[63 FR 30109, June 3, 1998, as amended at 76 FR 53785, Aug. 29, 2011]
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### §460ttt–2. Administration of national recreation area

#### (a) In general

Subject to valid rights existing on December 1, 2006, the Secretary shall administer the Moosalamoo National Recreation Area in accordance with—

(1) laws (including rules and regulations) applicable to units of the National Forest System; and

(2) the management direction (including objectives, standards, and guidelines) established for the Moosalamoo Recreation and Education Management Area under the Management Plan.

#### (b) Fish and wildlife

Nothing in this subchapter affects the jurisdiction of the State with respect to wildlife and fish on the public land located in the State.

#### (c) Escarpment and ecological areas

Nothing in this subchapter prevents the Secretary from managing the Green Mountain Escarpment Management Area and the Ecological Special Areas, as described in the Management Plan.

(Pub. L. 109–382, title II, §223, Dec. 1, 2006, 120 Stat. 2677.)
### §460ffff. Definitions

In this subchapter:

#### (1) Management plan

The term "management plan" means the management plan for the Scenic Area developed under section 460ffff–2(a) of this title.

#### (2) Map

The term "Map" means the map entitled "Proposed Alabama Hills National Scenic Area" and dated November 7, 2018.

#### (3) Motorized vehicle

The term "motorized vehicle" means a motorized or mechanized vehicle and includes, when used by a utility, mechanized equipment, a helicopter, and any other aerial device necessary to maintain electrical or communications infrastructure.

#### (4) Scenic area

The term "Scenic Area" means the Alabama Hills National Scenic Area established by section 460ffff–1(a) of this title.

#### (5) State

The term "State" means the State of California.

#### (6) Tribe

The term "Tribe" means the Lone Pine Paiute-Shoshone Tribe.

(Pub. L. 103–433, title XIV, §1401, as added Pub. L. 116–9, title I, §1441, Mar. 12, 2019, 133 Stat. 706.)
#### Albert Laham et al. v. Domestic Finance Corporation.

Settle order on notice. Present — Martin, P. J., Townley; Glennon, Untermyer and Dore, JJ.
#### The Long Island Railroad Company, Respondent, v. Daniel S. Jones *930and Others, Appellants, and Others, Defendants.

Order affirmed, with ten dollars costs and disbursements. Ho opinion. Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.
#### BLISTEX INC., Plaintiff-Appellee, v. CIRCLE LABORATORIES, INC., Defendant-Appellant.

No. 01-1335.

United States Court of Appeals, Federal Circuit.

May 7, 2002.

*745Before BRYSON, GAJARSA, and LINN, Circuit Judges.

Judgment

PER CURIAM.

This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

AFFIRMED. *See*Fed. Cir. R.36
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsFilament wound metal lined propellant tanks for future Earth-to-orbit transportsFor future Earth-to-orbit transport vehicles, reusability and lighter weights are sought for the main propellant tanks. To achieve this, a filament wound tank with a metal liner and an intermediate layer of foam-filled honeycomb is proposed. A hydrogen tank is used as an example. To accommodate mismatches in the expansion of liner and overwrap a design is proposed wherin the liner is configured so that the extension of the liner under pressure matches the expected contraction of the same liner due to the presence of a cryogen. In operation, the liner is pressurized at a rate such that the pressure strain matches the contraction due to decrease in temperature. As an alternate approach, compressive pre-stress is placed in the liner such that it will not separate from the overwrap. A finite element program is used to show stresses in the liner and overwrap for various tank pressures for the pre-stressed liner concept. A fracture mechanics analysis is made of the liners to determine tank life. The tank concept shown has a similar weight to the Shuttle external hydrogen tank, but the filament wound tank is expected to be reusable. Integration of the propellant tanks into a future transport vehicle is discussed.Document ID19910000793Acquisition SourceLegacy CDMSDocument TypeTechnical Memorandum (TM)AuthorsMacconochie, Ian O.*(NASA Langley Research Center Hampton, VA, United States)*Davis, Robert B.*(NASA Langley Research Center Hampton, VA, United States)*Freeman, William T., Jr.*(NASA Langley Research Center Hampton, VA, United States)*Date AcquiredSeptember 6, 2013Publication DateOctober 1, 1988Subject CategorySpacecraft Design, Testing And PerformanceReport/Patent NumberNAS 1.15:100594NASA-TM-100594Accession Number91N10106Funding Number(s)PROJECT: RTOP 506-49-11-01Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19910000793.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
Exhibit 32

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


         In connection  with the Quarterly  Report of Private  Access,  Inc., on
Form 10-QSB for the period  ending  March 31, 2004 as filed with the  Securities
and Exchange Commission on the date hereof (the "Report"),  the undersigned,  B.
Stephen Bailey,  Chief Executive Officer and Principal Accounting Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to ss.
906 of the  Sarbanes-Oxley  Act of 2002,  that to the best of my  knowledge  and
belief:

         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.


Date: April 19, 2004

/s/ B. Stephen Bailey
B. Stephen Bailey
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.
I 

116TH CONGRESS 

1ST SESSION H. R. 4779 

To extend the Undertaking Spam, Spyware, And Fraud Enforcement With 

Enforcers beyond Borders Act of 2006, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 22, 2019 

Mrs. RODGERS of Washington (for herself, Ms. KELLY of Illinois, and Mr. 

BUCSHON) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To extend the Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers beyond Borders Act of 2006, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXTENSION OF THE U.S. SAFE WEB ACT OF 2006. 

4 Section 13 of the U.S. SAFE WEB Act of 2006 

5 (Public Law 109–455; 15 U.S.C. 44 note) is amended by 

6 striking ‘‘September 30, 2020’’ and inserting ‘‘September 

7 30, 2027’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 4779 IH

1 SEC. 2. REPORT. 

2 Not later than 3 years after the date of the enact3 ment of this Act, the Federal Trade Commission shall 

4 transmit to the Committee on Energy and Commerce of 

5 the House of Representatives and the Committee on Com6 merce, Science, and Transportation of the Senate a report 

7 describing its use of and experience with the authority 

8 granted by the U.S. SAFE WEB Act of 2006 (Public Law 

9 109–455) and the amendments made by such Act. The 

10 report shall include— 

11 (1) the number of cross-border complaints re12 ceived and acted upon by the Commission; 

13 (2) identification of the foreign agencies with 

14 which the Commission has cooperated and the re15 sults of such cooperation, including any foreign 

16 agency enforcement action or lack thereof; 

17 (3) a description of Commission litigation 

18 brought in foreign courts and the results of such liti19 gation; and 

20 (4) any recommendations for legislation that 

21 may advance the mission of the Commission in car22 rying out the U.S. SAFE WEB Act of 2006 and the 

23 amendments made by such Act. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
EXHIBIT 32

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


         In  connection  with the  Quarterly  Report of Stone  Field  Management
Company,  on Form 10- QSB for the period ending September 30, 2002 as filed with
the Securities and Exchange  Commission on the date hereof (the  "REPORT"),  the
undersigned, B. Stephen Bailey, Chief Executive Officer and Principal Accounting
Officer of the Company,  certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002,  that to the best of my
knowledge and belief:

         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.


Date: April 19, 2004

/s/ B. Stephen Bailey
B. Stephen Bailey
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.