alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
jan-ex1012_320.htm



Exhibit 10.12

SECOND AMENDMENT AND WAIVER

This SECOND AMENDMENT TO SECURED REVOLVING LINE OF CREDIT PROMISSORY NOTE AND WAIVER (collectively, this “Amendment”) is entered into as of March 30, 2021 (the “Effective Date”), between ARCA Recycling, Inc., a California corporation (“Borrower”), and ISAAC CAPITAL GROUP, LLC, a Delaware limited liability company (“Lender”).

RECITALS

A. Whereas, Lender and Borrower are parties to a Secured Revolving Line of Credit Promissory Note dated August 28, 2019 (as amended on August 25, 2020) in the original aggregate principal amount of $2,500,000 (the “Note”) (any capitalized terms not specifically defined herein will have the meaning ascribed to them in the Note); and

B. Whereas, the Note matured on December 31, 2020 and was not repaid in full (the “Event of Default”) and Borrower and Lender desire to waive the Event of Default and further extend the Maturity Date of the Note.

Now, therefore, in consideration of the parties’ mutual promises in this Amendment, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:

AGREEMENT

1.Acknowledgment of Outstanding Amount.  As of the Effective Date, the outstanding principal amount under the Note is $1,000,000.

2.Extension of Maturity Date.  In accordance with the terms of the Note, the Lender hereby extends the Maturity Date from December 31, 2020 to August 18, 2021.

3.Waiver.  The Lender hereby irrevocably waives the Event of Default and all rights and remedies under the Note and Security Agreement arising as a result of the occurrence and continuance of the Events of Default, including, but not limited to default interest.

4.Ratification.  The Note shall, together with this Amendment and any related documents, instruments, and agreements shall hereafter refer to the Note, as amended hereby.

5.Other Provisions.  The provisions of the Note that are not expressly amended in this Amendment shall remain unchanged and in full force and effect.  In the event of any conflict between the terms and provisions of this Amendment and the Note, the provisions of this Amendment shall control.

6.Signatures.  This Amendment may be signed in counterparts. A facsimile or other electronic transmission of a signature page will be considered an original signature page. At the request of a party, the other party will confirm a fax-transmitted or electronically transmitted signature page by delivering an original signature page to the requesting party. 

(Remainder of this page intentionally left blank; signatures begin on the next page.)




 

 

 



Exhibit 10.12

IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed and delivered as of the date first written above.

 

Borrower:

 

ARCA RECYCLING, INC.

 

By:  _______/s/ Virland A. Johnson______

Name: Virland A. Johnson 

Title:  Chief Financial Officer

 

 

Lender:

 

ISAAC CAPITAL GROUP, LLC

 

By:  ______/s/ Jon Isaac_________________

Name: Jon Isaac 

Title:  President and Chief Executive Officer
CENTRAL VALLEY PROJECT

COMPARISON OF CONSTRUCTION COMPONENT COSTS

2014 & 2015 WATER RATEBOOKS

IrrigationStorage $ 369,796,797 $ 35,253,561 $ 405,050,358 $ 372,877,708 $ 37,334,820 $ 410,212,528 $ 3,080,911 $ 2,081,259 

Conveyance $ 407,575,151 $ - $ 407,575,151 $ 407,213,035 $ - $ 407,213,035 $ (362,116) $ - Conveyance Pumping: Corning PP $ 2,529,063 $ 329,834 $ 2,858,897 $ 2,529,063 $ 351,752 $ 2,880,815 $ - $ 21,918  Dos Amigos PP $ 14,371,769 $ 23,123,976 $ 37,495,745 $ 14,452,563 $ 24,522,071 $ 38,974,634 $ 80,794 $ 1,398,095 

 O'Neill Pump-Generator Plant $ 11,438,619 $ 10,013,723 $ 21,452,342 $ 11,688,721 $ 10,606,992 $ 22,295,713 $ 250,102 $ 593,269  Jones PP $ 22,192,575 $ 79,442,142 $ 101,634,717 $ 22,119,848 $ 84,250,883 $ 106,370,731 $ (72,727) $ 4,808,741 

 DMC - California Aqueduct Intertie $ 26,254,725 $ 26,254,725 $ 24,399,087 $ 2,464,394 $ 26,863,481 $ (1,855,638) $ 2,464,394 Direct Pumping $ 91,988,500 $ 25,203,289 $ 117,191,789 $ 91,977,845 $ 26,794,371 $ 118,772,216 $ (10,655) $ 1,591,082 

San Luis Drain $ 52,381,552 $ - $ 52,381,552 $ 52,381,552 $ - $ 52,381,552 $ - $ - Other $ 34,274,177 $ - $ 34,274,177 $ 34,130,883 $ - $ 34,130,883 $ (143,294) 

 Total $ 1,032,802,928 $ 173,366,525 $ 1,206,169,453 $ 1,033,770,305 $ 186,325,283 $ 1,220,095,588 $ 967,377 $ 12,958,758 

1

M&IStorage $ 37,152,142 $ 846,647 $ 37,998,789 $ 37,835,323 $ 907,703 $ 38,743,026 $ 683,181 $ 61,056 

Conveyance $ 21,083,685 $ - $ 21,083,685 $ 20,328,763 $ - $ 20,328,763 $ (754,922) $ - Conveyance Pumping: Corning PP N/A N/A N/A N/A N/A N/A N/A N/A 

 Dos Amigos PP $ 209,581 $ 415,822 $ 625,403 $ 212,386 $ 445,374 $ 657,760 $ 2,805 $ 29,552 

 O'Neill Pump-Generator Plant $ 1,331,446 $ 1,277,982 $ 2,609,428 $ 1,361,971 $ 1,376,689 $ 2,738,660 $ 30,525 $ 98,707  Jones PP $ 1,885,212 $ 8,468,768 $ 10,353,980 $ 1,879,082 $ 9,075,794 $ 10,954,876 $ (6,130) $ 607,026 Direct Pumping $ 2,080,169 $ 15,460,921 $ 17,541,090 $ 2,072,895 $ 16,643,277 $ 18,716,172 $ (7,274) $ 1,182,356 

San Luis Drain N/A N/A N/A N/A N/A N/A N/A N/A 

Other $ 30,130,845 $ - $ 30,130,845 $ 29,766,044 $ - $ 29,766,044 $ (364,801) $ -  Total $ 93,873,080 $ 26,470,140 $ 120,343,220 $ 93,456,464 $ 28,448,837 $ 121,905,301 $ (416,616) $ 1,978,697 

FOOTNOTES: 1

1/Increase of ~$10m in PUE cost is due to Judge Francis Carr Powerhouse and ~$2.4m is due to DMC Intertie transmission line cost.Source: Schedules A-4 & A-5 of the CVP Irrigation and M&I ratebooks for 2014 & 2015.

2014 ( Final Rate) 2015 (Draft) Difference 

Component/Facility Construction PUE Total Construction PUE Total Construction PUE
EXHIBIT 32.1



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 Annual Report of NuTech Digital, Inc (the "Company") on Form 10-KSB for the twelve months ending December 31, 2007, as filed with the Securities and Exchange Commission (the Report), I, A. Frederick Greenberg, Chief Executive Officer, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



1.

The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



2.

The information contained in the Report fairly presents, in all material respects, the financial condition of the Company as of the dates presented and the results of operations of the Company.





Dated: September 4, 2008



/s/ A. Frederick Greenberg

---------------------

A. Frederick Greenberg

Chief Executive Officer

(Principal executive officer)





A signed original of this written statement required by Section 906 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.











1
Exhibit 10.17


 





 


Private & confidential to


 


Tove Nilsen Ljungquist (the
‘Participant’)


 


Stock Options


 


1.000.000 stock options are granted to the Participant on the
terms set out in this allocation letter, in the Stock Option policy and in any resolutions decided upon by either the Board of
Directors or Annual General Assembly.


 


The Options will be subscribed by FREYR AS (the ‘Company’)
and transferred to the Participant immediately after vesting. The Options are granted without consideration from the Participant.


 


The Participant shall pay the Exercise price for each Option
that is exercised. The Exercise Price is determined by the Board of Directors of the Company according to the Stock Option Plan,
however, Management will put the stock options award forward to the Board for approval with an Exercise Price equivalent to the
volume weighted average share price the five days leading up to the date of signing the employment contract.


 


Grant schedule





 


	 	Grant date	Options granted	Exercise price	 
	 	
        On signing employment

        contract
	375 000	NOK 1,73	 
	 	Financial Close Fast track	375 000	NOK 1,73	options earmarked for the Optionee at the relevant Exercise price, granted after 12 months in the job.
	 	Financial Close Phase 1 16GWh	250 000	NOK 1,73	 
	 	TOTAL	1 000 000	 	 
	Vesting date	01.10.2023	 
	Exercise period	01.10.23 - 30.09.25	 


 


Options that have not been exercised by 17:00 hours (CET) on
30.09.25 will lapse without any consideration and may not be exercised by the Participant.


  





	Date: 30th September 2020	 	
        Date: 30th September 2020

         

	Place: Oslo	 	I have read the 2019 Stock Option Plan, and accept the terms of such Plan
	 	 	 
	
        /s/ Tom Jensen
	 	
        /s/ Tove Nilsen Ljungquist

	FREYR AS	 	Participant
	Tom Jensen, CEO	 	Tove Nilsen Ljungquist
<TABLE> <S> <C>

<ARTICLE>                                   5
<LEGEND>
                  This schedule contains summary financial information extracted
                  from Noram Gaming and Entertainment,  Inc. and Subsidiary June
                  30, 1998 financial statements and is qualified in its entirety
                  by reference to such financial statements.
</LEGEND>

<CIK>                                  0000894555
<NAME>                                 Noram Gaming and Entertainment, Inc.

       
<S>                                         <C>
<PERIOD-TYPE>                               6-MOS
<FISCAL-YEAR-END>                           DEC-31-1998
<PERIOD-END>                                JUN-30-1998

<CASH>                                            70,087
<SECURITIES>                                      0
<RECEIVABLES>                                     0
<ALLOWANCES>                                      0
<INVENTORY>                                       26,162
<CURRENT-ASSETS>                                  118,255
<PP&E>                                            212,515
<DEPRECIATION>                                    (115,327)
<TOTAL-ASSETS>                                    402,868
<CURRENT-LIABILITIES>                             731,183
<BONDS>                                           0
<PREFERRED>                                       0
<PREFERRED-MANDATORY>                             0
<COMMON>                                          14,185
<OTHER-SE>                                        (342,499)
<TOTAL-LIABILITY-AND-EQUITY>                      402,868
<SALES>                                           335,997
<TOTAL-REVENUES>                                  335,997
<CGS>                                             84,112
<TOTAL-COSTS>                                     84,112
<OTHER-EXPENSES>                                  347,834
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                                13,610
<INCOME-PRETAX>                                   (315,102)
<INCOME-TAX>                                      0
<INCOME-CONTINUING>                               (315,102)
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                                      (315,102)
<EPS-PRIMARY>                                     (0.03)
<EPS-DILUTED>                                     (0.03)
        


</TABLE>
#### § 5461.1 Payment in advance of cutting or removal.

Except as provided in §§ 5451.2 and 5451.4 no part of any timber or other vegetative resources sold may be cut or removed unless advance payment has been made as provided in the contract.

[35 FR 9787, June 13, 1970, as amended at 38
FR 6281, Mar. 8, 1973]
### §7270. Insurance policies

Any person who fails to comply with the requirements of section 4374 (relating to liability for tax on policies issued by foreign insurers), with intent to evade the tax shall, in addition to other penalties provided therefor, pay a fine of double the amount of the tax.

(Aug. 16, 1954, ch. 736, 68A Stat. 865; Pub. L. 94–455, title XIX, §1904(b)(5)(A), Oct. 4, 1976, 90 Stat. 1815.)

#### **Editorial Notes**

#### Amendments

1976—Pub. L. 94–455 substituted "liability for tax on policies issued by foreign insurers" for "the affixing of stamps on insurance policies, etc.".

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

#### Effective Date of 1976 Amendment

Amendment by Pub. L. 94–455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1904(d) of Pub. L. 94–455, set out as a note under section 4041 of this title.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          91,039
<SECURITIES>                                17,209,476
<RECEIVABLES>                                  480,206
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              17,780,721
<CURRENT-LIABILITIES>                          474,715
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  17,306,006
<TOTAL-LIABILITY-AND-EQUITY>                17,780,721
<SALES>                                              0
<TOTAL-REVENUES>                               268,938
<CGS>                                                0
<TOTAL-COSTS>                                   24,873
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                244,065
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            244,065
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   244,065
<EPS-BASIC>                                       0.24
<EPS-DILUTED>                                        0


</TABLE>
§ 49.530 How will the Federal land manager issue the final assessment of civil penalty? ( a ) The Federal land manager will serve the final assessment of civil penalty by certified mail, return receipt requested, or other verifiable delivery method.
( b ) The final assessment of civil penalty will include: ( 1 ) The facts and conclusions that are the basis for the Federal land manager's determination that a violation occurred;
( 2 ) The basis for the Federal land manager's determination of the amount of civil penalty assessed;
( 3 ) Notification of the rights to accept the final assessment of civil penalty or, alternatively, to file a request for hearing on the final assessment with a Departmental Cases Hearings Division (DCHD) administrative law judge under § 49.535(a)(2); and
( 4 ) A statement that the civil penalty must be paid within 30 days of the date that the final assessment of civil penalty is received, unless the person served with the final assessment of civil penalty files a request for hearing in accordance with this subpart and the procedures specified in the notice.
§ 49.400 What criminal penalties apply to violations of this part? ( a ) Anyone who, on or after March 30, 2009, knowingly commits or counsels, procures, solicits, or employs another person to commit a prohibited act identified in subpart D of this part will, upon conviction, be assessed: ( 1 ) Fines in accordance with 18 U.S.C. 641, 1361, 2314, and 1701, or imprisonment of up to 5 years, or both, if the sum of the scientific and commercial values of the paleontological resources involved and the cost of response, restoration, and repair of the resources and sites involved is more than $500; or
( 2 ) Fines in accordance with 18 U.S.C. 641, 1361, 2314, and 1701, or imprisonment of up to 2 years, or both, if the sum of the scientific and commercial values of the paleontological resources involved and the cost of response, restoration, and repair of the resources and sites involved is $500 or less.
( b ) Scientific and commercial values and the cost of response, restoration, and repair are determined in accordance with subpart G of this part.
( c ) In the case of a second or subsequent violation by the same person, the amount of the penalties assessed under this subpart may be doubled.
( d ) To the extent that a prohibited act under this subpart involves a violation of other applicable law, the violator may be subject to additional criminal penalties.
### [§1056. Repealed. Pub. L. 108–357, title VIII, §886(b)(1)(A), Oct. 22, 2004, 118 Stat. 1641]

Section, added Pub. L. 94–455, title II, §212(a)(1), Oct. 4, 1976, 90 Stat. 1545; amended Pub. L. 99–514, title VI, §631(e)(13), Oct. 22, 1986, 100 Stat. 2275, related to basis limitation for player contracts transferred in connection with the sale of a franchise.

A prior section 1056 was renumbered section 1062 of this title.

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

#### Effective Date of Repeal

Repeal applicable to property acquired after Oct. 22, 2004, see section 886(c)(1) of Pub. L. 108–357, set out as an Effective Date of 2004 Amendment note under section 197 of this title.
(March 9, 1949.)

#### Office Machine Dealers Association of New York, Inc., et al., Plaintiffs, v. Tytell Typewriter Co., Inc., Respondent. Louis H. Samuels, Appellant.

No opinion. Present — Peck, P. J., Glennon, Callahan, Van Voorhis and Shientag, JJ.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-22481-CIV-WILLIAMS

AMERICAN SECURITY

INSURANCE COMPANY,

Plaintiff,

vs.

CARMEN ROJAS,

Defendant.

/

ORDER

THIS MATTER is before the Court on Magistrate Judge Edwin G. Torres’ report

and recommendation on Plaintiff’s motion for final default judgment against Carmen Rojas

(DE 10). The parties did not file objections to the Report. Accordingly, upon an 

independent review of the Report, the record, and applicable case law, it is ORDERED 

AND ADJUDGED as follows:

1. The Report (DE 10) is AFFIRMED AND ADOPTED. 

2. Plaintiff’s motion for final default judgment (DE 8) is GRANTED. 

3. Final judgment is ENTERED in favor of American Security Insurance Company 

and against Carmen Rojas. 

4. Mr. Marrero is APPOINTED as the umpire for the appraisal of the insurance 

claim. 

5. The clerk of court is directed to CLOSE the case. 

DONE AND ORDERED in Chambers in Miami, Florida, this 1st day of September,

2020.

Case 1:20-cv-22481-KMW Document 11 Entered on FLSD Docket 09/01/2020 Page 1 of 1
<PAGE>

                                                                    EXHIBIT 99.1



    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 Williams Coal Seam Royalty
Trust (the "Trust") on Form 10-Q for the quarterly period ended September 30,
2002 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), the undersigned, not in its individual capacity but solely as
the trustee of the Trust, certifies pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to its
knowledge:

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

         (2)   The information contained in the Report fairly presents, in all
               material respects, the financial condition and results of
               operations of the Trust.




                              BANK OF AMERICA, N.A., TRUSTEE FOR
                              WILLIAMS COAL SEAM GAS ROYALTY TRUST


Date: November 13, 2002       By:   /s/ Ron E. Hooper
                                    -------------------------------------------
                                    Ron E. Hooper,
                                    Senior Vice President, Royalty Management



                                       25
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Airport Beach Road (South)
Aleutian Islands World War II National Historic Area a concrete structure overlooks a harbor Turn right out of the Visitor Center parking lot onto Airport Beach Road. At Mile 1.9, turn right onto Henry  Swanson Drive, just before the wooden bridge to Unalaska Island. Pull over immediately to left, near bridge. Park facing south.  Hill 400 is now on your immediate right; Agnes Beach and Pyramid Valley are on your left, across Captains Bay.   Hill 400 Coastal Defenses, Amaknak Island    Pyramid Valley, Unalaska Island
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 Note:
The unpaved road through Pyramid Valley is a public right-of-way; the land, however, is privately owned.  If you visit this area and intend to get out of your car, you will need to purchase a land-use permit from Ounalashka Corporation (available at the Visitors Center).
 Agnes Beach and Captains Bay Dock,  Unalaska Island
 a small cabinCabana (private residence), Unalaska Island, 2001. Mile 2.1 - Cabana (private home) Unalaska Island    Please respect the privacy of residents as you drive past these homes.
 a monument in front of a town and churchUnangax̂ monument overlooking Church of the Holy Ascension, 2001. Mile 2.5 - Unangax̂ World War II Monument Unalaska Island
 map of route from Amaknak Island to Unalaska Island highlighting 5 points along the way
 Tags aleutian islands world war ii national historic area
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 Last updated: December 13, 2020


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###### Editorial Note on Part 120

#### Editorial Note:

Nomenclature changes to part 120 appear at 72 FR 50039, Aug. 30, 2007.

#### § 120.392 Who may apply?

A construction contractor or home-builder with a past history of profitable construction or rehabilitation projects of comparable type and size may apply. An applicant may subcontract the work. Subcontracts in excess of $25,000 may require 100 percent payment and performance bonds.