alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
###### Editorial Note on Part 120

#### Editorial Note:

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

#### § 120.422 Are all securitizations subject to this subpart?

All securitizations are subject to this subpart. Until additional regulations are promulgated, SBA will consider securitizations involving multiple Lenders on a case by case basis, using the conditions in § 120.425 as a starting point. SBA will consider securitizations by affiliates as single Lender securitizations for purposes of this subpart.
U.S. Nuclear Regulatory Commission

Office of Public Affairs, Region IV

611 Ryan Plaza Drive - Suite 400

Arlington, Texas 76011-8064

RIV: 98-41 FOR IMMEDIATE RELEASE

CONTACT: Breck Henderson November 18, 1998

OFFICE: (817) 860-8128

PAGER: (888) 876-2331

E-MAIL: bwh@nrc.gov

NRC, ENTERGY TO DISCUSS APPARENT VIOLATIONS

AT RIVER BEND NUCLEAR PLANT

The Nuclear Regulatory Commission staff will hold a predecisional enforcement

conference Monday, November 23, with officials of Entergy Operations, Inc., operators

of the River Bend nuclear power plant near St. Francisville, Louisiana, to discuss four

apparent violations of NRC requirements.

The conference will begin at 12:30 p.m. at NRC Region IV offices in Arlington,

Texas. The meeting will be open to public observation; NRC officials will be available

afterward for questions.

The apparent violations were identified during inspections held in June and

August of this year. The principal issue of concern is a design problem with the control

air system for the plant’s emergency diesel generators. The control air system, which is

required for the diesels to run, is not powered from an electrical source that is

guaranteed to be available in an emergency situation in which offsite electrical power is

lost. This problem, which has existed since initial operation, was discovered by River

Bend personnel in 1989; however, acceptable interim corrective measures were

apparently not completed until this year. Modifications to connect the diesel control air

system to an emergency power supply are underway.

The decision to hold a predecisional enforcement conference does not mean

that NRC has made a final determination that violations did occur or that enforcement

action, such as a monetary fine, will be taken. The purpose of the meeting is to discuss

the apparent violations, their causes and safety significance, and to provide Entergy

officials with an opportunity to point out any errors that ;may have been made in the

NRC inspection report and present corrective actions that have been taken.

No decision on the apparent violations or any contemplated enforcement action

will be made at this conference.Those decisions will be made by senior NRC officials at

a later time.

###
<PAGE>

                                                                     Exhibit 3.1

                              ARTICLES OF AMENDMENT
                                       TO
                 AMENDED AND RESTATED ARTICLES OF INCORPORATION
                                       OF
                            DIAMETRICS MEDICAL, INC.

1.   The name of the corporation is Diametrics Medical, Inc.

2.   The following is the full and complete text of the first paragraph of
Article 3 of the Amended and Restated Articles of Incorporation of Diametrics
Medical, Inc., as amended:

     "The total number of shares of capital stock which the corporation is
authorized to issue shall be 50,000,000 shares, consisting of 45,000,000 shares
of common stock, par value $.01 per share ("Common Stock"), and 5,000,000 shares
of preferred stock, par value $.01 per share ("Preferred Stock")."

3.   The foregoing amendment has been adopted pursuant to Chapter 302A of the
Minnesota Business Corporation Act.

     IN WITNESS WHEREOF, the undersigned, the Secretary of Diametrics Medical,
Inc., being duly authorized on behalf of Diametrics Medical, Inc., has executed
this document on this 19th of July, 2001.



                                           /s/ Kenneth L. Cutler
                                           Secretary
###### Editorial Note on Part 126

#### Editorial Note:

Nomenclature changes to part 126 appear at 72 FR 50041, Aug. 30, 2007.

#### § 126.202 Who does SBA consider to control a HUBZone SBC?

Control means both the day-to-day management and long-term decision-making authority for the HUBZone SBC. Many persons may share control of a concern, including each of those occupying the following positions: officer, director, general partner, managing partner, managing member and manager. In addition, key employees who possess expertise or responsibilities related to the concern's primary economic activity may share significant control of the concern. SBA will consider the control potential of such key employees on a case by case basis.

[69 FR 29422, May 24, 2004, as amended at 84 FR 65243, Nov. 26, 2019]
§ 107.1200 SBA's Leverage commitment to a Licensee—application procedure, amount, and term. ( a ) *General.* Under the provisions in §§ 107.1200 through 107.1240, you may apply for SBA's conditional commitment to reserve a specific amount and type of Leverage for your future use. You may then apply to draw down Leverage against the commitment.
( b ) *Applying for a Leverage commitment.* SBA will notify you when it is accepting requests for Leverage commitments. Upon receipt of your request, SBA will send you a complete application package.
( c ) *Limitations on the amount of a Leverage commitment.* The amount of a Leverage commitment must be a multiple of $5,000.
( d ) *Term of Leverage commitment.* SBA's Leverage commitment will automatically lapse on the expiration date stated in the commitment letter issued to you by SBA.
[61 FR 3189, Jan. 31, 1996, as amended at 63 FR 5868, Feb. 5, 1998]
# Combine-DiagnosisPSFs
### [§1504. Repealed. Pub. L. 97–164, title I, §133(f), Apr. 2, 1982, 96 Stat. 41]

Section, act June 25, 1948, ch. 646, 62 Stat. 942, directed that the Court of Claims have jurisdiction to review by appeal final judgments in the district courts in civil actions based on tort claims brought under section 1346(b) of this title if the notice of appeal filed in the district court had affixed to it a written consent on behalf of the appellees that the appeal be taken to the Court of Claims.

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

#### Effective Date of Repeal

Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 99-221 FOR IMMEDIATE RELEASE

(WEDNESDAY, OCTOBER 20, 1999)

DAMES & MOORE DECLINES NRC’s OFFER OF TRUSTEESHIP FOR ATLAS

URANIUM MILL TAILINGS PILE

Dames & Moore, an engineering firm with extensive experience in uranium recovery and

hazardous waste reclamation, has declined the NRC’s offer to become the trustee to continue

cleanup of the Atlas company’s uranium mill tailings site in Moab, Utah. The company notified

the NRC of its decision to decline due to its recent acquisition by another company.

There were other highly qualified organizations that were evaluated at the time Dames &

Moore was chosen as the trustee. After consulting with the State of Utah, which has the right to

concur on the choice of trustee, the NRC plans to offer trusteeship to another organization.

The mill tailings pile resulted from operations of a uranium mill at the Moab site from

1956 until 1984. The facility had been owned by Atlas since 1962. Uranium is no longer

processed at the site, and the mill has been dismantled except for one building.

The trustee will be responsible for ongoing remediation of the site, using funds and

other assets in the trust which were obtained as part of a reorganization for bankruptcy

agreement filed by the Atlas Company in March.

NRC approved Atlas’ plan to decommission the site last May. The plan involves regrading the tailings to enhance drainage off the pile and installing an earth and rock cover

system over the pile.

###
----

----

I Mitteilungen

Kommission

----

Euro-Wechselkurs (1)

6. Januar 2006

(2006/C 4/01)

1 Euro= 

----

(1)

Quelle: Von der Europäischen Zentralbank veröffentlichter Referenz-Wechselkurs.

----

----

Vorherige Anmeldung eines Zusammenschlusses

(Sache Nr. COMP/M.4069 — Cognis B.V./Golden Hope Plantations BHD/JV)

Für das vereinfachte Verfahren in Frage kommender Fall

(2006/C 4/02)

(Text von Bedeutung für den EWR)

----

(1)ABl. L 24 vom 29.1.2004, S. 1.

(2)ABl. C 56 vom 5.3.2005, S. 32.

----
#### § 500.110 Amendments.

The Board's rules in this chapter may be adopted or amended, or new rules may be adopted, only by majority vote of the Board. Authority to adopt or amend these rules may not be delegated.
#### William L. Crow Construction Company, Respondent, v. A. Leopold Auerbach and Another, Appellants.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, without prejudice to the ordering of a reference by the trial judge if on the trial one should appear to be necessary. Ho opinion. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.
§ 209.12 Oversight and results. ( a ) *FEMA oversight.* Our Regional Administrators are responsible for overseeing this grant authority and for ensuring that States and subgrantees meet all program requirements. Regional Administrators will review program progress quarterly.
( b ) *Monitoring and enforcement.* We, subgrantees, and States will monitor the properties purchased under this authority and ensure that the properties are maintained in open space use. We and the State may enforce the agreement by taking any measures that we or they deem appropriate.
( c ) *Program results.* The State will review the effectiveness of approved projects after each future flood event in the affected area to monitor whether projects are resulting in expected savings. The State will report to us on program effectiveness after project completion and after each subsequent flood event.
ip
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Santa Rosa

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United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 97-015 FOR IMMEDIATE RELEASE

(Wednesday, January 29, 1997)

NOTE TO EDITORS -- MILLSTONE MEETING

The staff of the Nuclear Regulatory Commission and officials

from Northeast Utilities will brief the Commission Thursday,

January 30, on the status of the Millstone restart review

process. The meeting, which is open to the public, will begin at

10 a.m. in the Commissioner's Conference Room at One White Flint,

11555 Rockville Pike, Rockville, Md.

###
```

[Federal Register Volume 69, Number 201 (Tuesday, October 19, 2004)]
[Notices]
[Page 61503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23349]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

Center for Scientific Review; Cancellation of Meeting

    Notice is hereby given of the cancellation of the Genetic Variation 
and Evolution Study Section, October 14, 2004, 8 a.m., to October 16, 
2004, 4 p.m., The River Inn, 924 25th Street, NW., Washington, DC 
20037, which was published in the Federal Register on September 16, 
2004, 69 FR 55830-55832.
    The meeting is cancelled due to lack of quorum.

    Dated: October 17, 2004.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 04-23349 Filed 10-18-04; 8:45 am]
BILLING CODE 4140-01-M
```
EXHIBIT
10.25
 
 AMENDMENT TO EMPLOYMENT
AGREEMENT
 
 Hypercom
Corporation (the “Company”) and Norman Stout (the “Executive”) entered into an
Employment Agreement (the “Agreement’) on December 26,
2007.  Section 409A of the Internal Revenue Code is potentially
applicable to the Agreement.  The Agreement has been administered in
good faith compliance with the requirements of Section 409A from
December 26, 2007 through the date of this Amendment and will continue to
be so administered.
 
 In order
to satisfy the documentation requirements of Section 409A, the Employment
Agreement hereby is amended as set forth below.
 
 1. This
Amendment is effective as of January 1, 2008.
 
 2.         
   Section 3 (c) of the Employment Agreement is hereby amended by
revising its second to last sentence to read as follows:
 
 Any
Gross-Up Payment to be paid pursuant to this Agreement shall be paid on April 4,
2008.
 
 3.          
  Section 18 of the Employment Agreement is hereby amended by adding
the following paragraphs to the end thereof:
 
 (c)           Under
no circumstances may the time or schedule of any payment made or benefit
provided pursuant to this Agreement be accelerated or subject to a further
deferral except as otherwise permitted or required pursuant to regulations and
other guidance issued pursuant to Section 409A of the Code.
 
 (d)           Employee
does not have any right to make any election regarding the time or form of any
payment due under this Agreement.
 
 IN
WITNESS WHEREOF, Executive has executed this Amendment, and Company has caused
this Amendment to be executed by its duly authorized representative, on this
31st
day of December, 2008.
 
 HYPERCOM
      CORPORATIONBy
                                /s/ Robert VreelandIts
                                Interim CFO“EXECUTIVE”/s/ Norman StoutNorman
      Stout
### **CHAPTER 6—TRANSPORTATION IN INTERSTATE COMMERCE**

Sec.
121.
State statutes as operative on termination of transportation; original packages.
122.
Shipments into States for possession or sale in violation of State law.
122a.
Injunctive relief in Federal district court.
122b.
General provisions.
123.
Repealed.
124.
Direct shipment of wine.
Technical Contact s
#### The People of the State of New York, Respondent, v. Philip Levine, Appellant.

Judgment unanimously affirmed. No opinion. Present — Glen-non, J. P., Dore, Cohn, Callahan and Van Voorhis, JJ.'
#### Peter Keeler, Respondent, v. Joseph Greene, Appellant.

Action to recover damages for personal injuries. Order granting plaintiff’s motion for a preference reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, without costs. The granting of plaintiff’s motion was an improvident exercise of discretion. Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.
### §1346. Reports to trustee

The corporation and the plan administrator of any plan to be terminated under this subtitle shall furnish to the trustee such information as the corporation or the plan administrator has and, to the extent practicable, can obtain regarding—

(1) the amount of benefits payable with respect to each participant under a plan to be terminated,

(2) the amount of basic benefits guaranteed under section 1322 or 1322a of this title which are payable with respect to each participant in the plan,

(3) the present value, as of the time of termination, of the aggregate amount of basic benefits payable under section 1322 or 1322a of this title (determined without regard to section 1322b of this title),

(4) the fair market value of the assets of the plan at the time of termination,

(5) the computations under section 1344 of this title, and all actuarial assumptions under which the items described in paragraphs (1) through (4) were computed, and

(6) any other information with respect to the plan the trustee may require in order to terminate the plan.

(Pub. L. 93–406, title IV, §4046, Sept. 2, 1974, 88 Stat. 1028; Pub. L. 96–364, title IV, §403(e), Sept. 26, 1980, 94 Stat. 1301.)

#### **Editorial Notes**

#### Amendments

1980—Par. (2). Pub. L. 96–364, §403(e)(1), inserted "basic" before "benefits" and "or 1322a" after "1322".

Par. (3). Pub. L. 96–364, §403(e), inserted "basic" before "benefits" and "or 1322a" after "1322", and substituted "1322b" for "1322(b)(5)".

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

#### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–364 effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.
Exhibit 32.02
                                                                 -------------

                                 CERTIFICATION

     I, Debi B. Halbert, the Chief Financial Officer of ProFutures, Inc., as
general partner of ProFutures Long/Short Growth Fund, L.P., certify that (i)
the Form 10-K for the year ended December 31, 2004 of ProFutures Long/Short
Growth Fund, L.P. fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and (ii) the information
contained in the Form 10-K for the year ended December 31, 2004 fairly
presents, in all material respects, the financial condition and results of
operations of ProFutures Long/Short Growth Fund, L.P.



                  PROFUTURES LONG/SHORT GROWTH FUND, L.P.

                  By: ProFutures, Inc., general partner



                  By:  /s/ Debi B. Halbert

                      ---------------------------------
                      Debi B. Halbert
                      Chief Financial Officer
                      March 30, 2005
EXHIBIT 12.1


                          FrontierVision Holdings, L.P.
                Computation of Ratio of Earnings to Fixed Charges
                             (Dollars in thousands)

<TABLE>

                                                                                      
                                                                                      
                                          For the Year Ended   For the Year Ended   For the Year Ended    
                                           December 31, 1998    December 31, 1997    December 31, 1996    
                                               --------             --------             --------              

<S>                                            <C>                  <C>                   <C>     
Net Loss ..........................            $(86,278)            $(52,216)            $(23,801)        
Add (Deduct):
     Income Tax Provision (Benefit)              (2,927)                  --                   --         
Less: Minority Interest
                                               --------             --------             --------              
Pre Tax Income (Loss) .............             (89,205)            $(52,216)            $(23,801)             
Add:  Fixed Charges
     Interest .....................              90,810               48,005               23,210                
                                               --------             --------             --------              
                                               $  1,605             $ (4,211)            $   (591)             
                                               ========             ========             ========              
Fixed Charges .....................            $ 90,810             $ 48,005             $ 23,210              
                                               ========             ========             ========              

Ratio of Earnings to Fixed
     Charges ......................                 N/A                  N/A                  N/A

Deficiency of Earnings to Fixed
     Charges ......................            $ 89,205             $ 52,216             $ 23,801             

</TABLE>
### §49c. Acceptance by States; creation of State agencies

In order to obtain the benefits of appropriations apportioned under section 49d of this title, a State shall, pursuant to State statute, accept the provisions of this chapter and, in accordance with such State statute, the Governor shall designate or authorize the creation of a State agency vested with all powers necessary to cooperate with the Secretary under this chapter.

(June 6, 1933, ch. 49, §4, 48 Stat. 114; Pub. L. 105–220, title III, §303, Aug. 7, 1998, 112 Stat. 1081.)

#### **Editorial Notes**

#### Amendments

1998—Pub. L. 105–220 substituted ", pursuant to State statute," for ", through its legislature,", inserted ", in accordance with such State statute, the Governor shall" after "the provisions of this chapter and", and substituted "Secretary" for "United States Employment Service".

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

#### Effective Date of 1998 Amendment

Amendment by Pub. L. 105–220 effective July 1, 1999, see section 311 of Pub. L. 105–220, formerly set out as a note under section 49a of this title.

#### Transfer of State Agencies to the States

Act July 26, 1946, ch. 672, title I, 60 Stat. 684, provided in part: "On November 15, 1946, the Secretary of Labor shall transfer, to the State agency in each State designated under section 4 of the Act of Congress approved June 6, 1933, as amended [this section], as the agency to administer the State-wide system of public employment offices in cooperation with the United States Employment Service under said Act [this chapter], the operation of State and local public employment office facilities and properties which were transferred by such State to the Federal Government in 1942 to promote the national war effort. The Secretary of Labor shall, on request of the State agency, also provide for the transfer and assignment to such State, without reimbursement therefor, of any other public employment office facilities and properties within such State, including records, files, and office equipment: Provided, That as a condition to such transfer and assignment of Federal properties, the Secretary may require the recipient State to waive any claim which may then exist or thereafter arise out of the use made by the Federal Government of, or for the loss of or damage to, property and facilities transferred to the Federal Government as hereinabove described."
#### Harry E. Phillips, Appellant, *v.*American Union Fire Insurance Company of Philadelphia, Pa., Defendant. Charles Johnson, Commissioner of Insurance of the Commonwealth of Pennsylvania, Respondent.

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 33d day of March, 1915, granting the respondent’s motion to be permitted to come in as an additional party defendant.

Per Curiam:

The original defendant having been dissolved, the action

has abated as to it. The moving party, having succeeded to all the rights of the original defendant, is entitled to be substituted as defendant in the action. The order, therefore, should be modified by providing that the Commissioner of Insurance of the Commonwealth of Pennsylvania be substituted in place of the original defendant, and as so modified affirmed, without costs. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.