alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
fsb20707ex10vi_alliance.htm


    AMENDMENT
      TO THE INVESTMENT AGREEMENT

    


    This
      Amendment to the investment Agreement is made as of the 24 day of July
      2007.

    


    BETWEEN

    


    ALLIANCE
      RECOVERY CORPORATION, a Delaware corporation (the
      "Company”),

    


    AND

    


    DUTCIIESS
      PRIVATE EQUITIES FUND, LTD. (THE "INVESTOR")

    


    WHEREAS,
      the Company and the Investor executed that certain Investment Agreement dated
      May 29, 2007.

    


    WHEREAS,
      the Company and the Investor desire to amend the Investment Agreement o remove
      language regarding the Company's right to withdraw that portion of the put
      that
      is below the Minimum Acceptable Price, as defined within the Investment
      Agreement.

    


        NOW,
      THEREFORE, IN CONSIDERATION of the mutual covenants contained in this Amendment
      to the Investment Agreement, and for other good and valuable consideration
      the
      receipt and adequacy of which are hereby acknowledged, the Company and the
      Investor agrees as follows:

    


    
      	
              1)  

            	
              Section
                2(C) Company's Right of Withdrawal shall be
                removed.

            


    

    


    
      	
              2)  

            	
              All
                terms within Section 2 of the Investment Agreement shill be adjusted
                to
                reflect the appropriate reference
                section.

            


    

    
      
        	 	 


        	
                3)  

              	
                All
                  other terms of the Investment Agreement shall remain in full force
                  and
                  effect.

              


      

      
 

    

    


    ALLIANCE
      RECOVERY CORPORATION

    


    


    By:  /s/  Peter
      Vaisler

    PETER
      VAISLER, C.E.O.

    


    DUTCHESS
      PRIVATE EQUITIES FUND, LTD.

    


    


    


    By:  /s/  Douglas
      Leighton

    Title:  Douglas
      Leighton, Director
### §3683. Uniform rates for books; films; other materials

(a) Notwithstanding any other provision of this title, the rates of postage established for mail matter enumerated in former section 4554 of this title shall be uniform for such mail of the same weight, and shall not vary with the distance transported.

(b) The rates of postage under former section 4554(b)(1) of this title shall not be effective except with respect to mailings which—

(1) constitute materials specified in former section 4554(b)(2) of this title; and

(2) are sent between—

(A) an institution, organization, or association listed in subparagraph (A) or (B) of such former section 4554(b)(1) and any other such institution, organization, or association;

(B) an institution, organization, or association referred to in subparagraph (A) and any individual (other than an individual having a financial interest in the sale, promotion, or distribution of the materials involved);

(C) an institution, organization, or association referred to in subparagraph (A) and a qualified nonprofit organization (as defined in former section 4452(d) of this title) that is not such an institution, organization, or association; or

(D) an institution, organization, or association referred to in subparagraph (A) and a publisher, if such institution, organization, or association has placed an order to purchase such materials for delivery to such institution, organization, or association.

(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 765; Pub. L. 94–421, §12, Sept. 24, 1976, 90 Stat. 1312; Pub. L. 103–123, title VII, §706(a), Oct. 28, 1993, 107 Stat. 1272.)

#### **Editorial Notes**

#### References in Text

Former sections 4452 and 4554 of this title, referred to in text, mean sections 4452 and 4554 of former Title 39, The Postal Service, prior to the general revision and reenactment of Title 39 by Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 719.

#### Amendments

1993—Subsec. (b). Pub. L. 103–123 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The rates for mail matter specified in former section 4554(a)(1) or 4554(b)(2)(A) of this title, when mailed from a publisher or a distributor to a school, college, university, or library, shall be the rate currently in effect for such mail matter under the provisions of former section 4554(b)(1) of this title."

1976—Pub. L. 94–421 designated existing provisions as subsec. (a) and added subsec. (b).

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

#### Effective Date of 1993 Amendment

Pub. L. 103–123, title VII, §706(b), Oct. 28, 1993, 107 Stat. 1272, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to mail sent after September 30, 1993."

#### Effective Date

Section effective Jan. 20, 1971, pursuant to Resolution No. 71–10 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-6574

MALCOLM E. PFEIFFER-EL,

Petitioner - Appellant,

v.

UNITED STATES OF AMERICA; UNITED STATES CONGRESS; UNITED 

STATES SUPREME COURT,

Respondents – Appellees.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. Terrence W. Boyle, 

District Judge. (5:11-hc-02061-BO)

Submitted: July 26, 2012 Decided: August 2, 2012

Before MOTZ, DAVIS, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Malcolm E. Pfeiffer-El, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Malcolm E. Pfeiffer-El, a state prisoner, seeks to 

appeal the district court’s order denying relief on his 

“Averment of Jurisdiction.” Because Pfeiffer-El is a state 

prisoner, and the pleading was appropriately docketed as one 

arising under 28 U.S.C. § 2241 (2006), the district court’s 

order is not appealable unless a circuit justice or judge issues 

a certificate of appealability. 28 U.S.C. § 2253(c)(2) (2006). 

A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2006). When the district court denies 

relief on the merits, a prisoner satisfies this standard by 

demonstrating that reasonable jurists would find that the 

district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 

When the district court denies relief on procedural grounds, the 

prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the petition states a debatable 

claim of the denial of a constitutional right. Slack, 529 U.S. 

at 484-85. 

We have independently reviewed the record and conclude 

that Pfeiffer-El has not made the requisite showing. 

Accordingly, we deny a certificate of appealability, deny leave 
3

to proceed in forma pauperis, and dismiss the appeal. We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process.

DISMISSED
# World Freedom Day, 2004

Fifteen years ago, the people of East and West Germany tore down the Berlin Wall, and freedom triumphed over Communism. The dismantling of the Berlin Wall reunited Germany and helped spread freedom across Central and Eastern Europe. With free elections and the spread of democratic values, these countries won their liberty, and their people became free. These democracies today contribute to a strong Europe, and the United States values their friendship and their partnership.

On World Freedom Day, we recognize all of those who fought for liberty and helped end the oppression of Central and Eastern Europe. We stand by those who today are enjoying the blessings of liberty. And we reaffirm our commitment to extending peace and freedom in the world.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim November 9, 2004, as World Freedom Day. I call upon the people of the United States to observe this day with appropriate ceremonies and activities and to reaffirm their dedication to freedom and democracy.

IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of November, in the year of our Lord two thousand four, and of the Independence of the United States of America the two hundred and twenty-ninth.

[FR Doc. 04-25438

Billing code 3195-01-P
### BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Michael Gurevich and Elena Gurevich,
Complainants,

v.
Compagnia Aerea Italiana S.p.A.
Respondent. ) ) ) ) ) ) ) ) ) ) ) ) DOT

- OST

- 2012

- 0040

UNCONTESTED MOTION OF C OMPAGNIA AER EA ITALIANA S.P.A. FOR EXTENSION OF TIME TO FILE ITS ANSWER TO THIRD PARTY COMPLAINT

Pursuant to 14 C.F.R. § 302.405, Compagnia Aerea Italiana S.p.A. (“Alitalia”), through
undersigned co unsel, respectfully moves for an extension of time, from March 30, 2012, until April 16,

2012 , to answer the third party complaint filed in the above

- captioned docket. Alitalia discussed this
motion with Counsel for Compl ainants on March 26, 2012, and C ounsel for Complainants advised that
Complainant s would ha ve no objection to the extension sought by Alitalia.
Alitalia submits that good cause exists to grant this uncontested motion. Given the nature of the
legal issues raised in the third party complaint now before the Department, Alitalia requires a dditiona l
time to prepare its responses to the complainants’ claims. Alitalia’s request is in the public interest, as the
extension sought herein will allow Alitalia to adequately develop its answer, thereby assisting the
Department in its review of this matter, and would not otherwise unduly delay this proceeding.

### 2 Respectfully submitted,

Lawrence Mentz, Esq. Kaplan, Massamillo & Andrews, L.L.C. 70 East 55th Street 25th Floor New York, New York 10022 (212) 991

- 5919 Telephone lmentz@kmalawfirm.com
Richard D. Mathias, Esq. Zuckert Scoutt & Rasenberger, L.L.P. 888 Seventeenth Street, N.W. Suite 7 00 Washington, D.C. 20006 (202) 298

- 8660 Telephone rdmathias@zsrlaw.com

Da ted: March 27 , 2012 Counsel for Compagnia Aerea Italiana S.p.A.CERTIFICATE OF SERVICE

I hereby certify that on this 27th day of March, 2012, a copy of the foregoing Motion of
Compagnia Aerea Italiana S.p.A. was served via electronic mail on the parties named below:

Hanl( Bates, Esq. Counsel for Complainants Carney Williams Bates Pulliam & Bowman
, P

. L.L.C

. hbates @ cameywilliams.com

Samuel Podberesky
, Esq. Assistant General Counsel for A viaiton Enforcement & Proceedings U

. S

. Department of Transportation

sam. podberesky@dot. gov
Gregory Woods, Esq. Deputy General Counsel U

. S. Department of Transportation gregory. woods @ dot. gov

Bryant Templeton
# L_2023057EN.01001601.xml

| 23.2.2023 | EN | Official Journal of the European Union | L 57/16 |
| --- | --- | --- | --- |

23.2.2023

EN

Official Journal of the European Union

L 57/16

---

DECISION OF THE EEA JOINT COMMITTEE No 38/2020

of 20 March 2020

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/352]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Delegated Regulation (EU) 2018/989 of 18 May 2018 amending and correcting Delegated Regulation (EU) 2017/654 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to technical and general requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Delegated Regulation (EU) 2018/989 of 18 May 2018 amending and correcting Delegated Regulation (EU) 2017/654 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to technical and general requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery (1) is to be incorporated into the EEA Agreement.

| (2) | Annex II to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annex II to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following indent is added in point 1f (Commission Delegated Regulation (EU) 2017/654) of Chapter XXIV of Annex II to the EEA Agreement:

| ‘— | 32018 R 0989: Commission Delegated Regulation (EU) 2018/989 of 18 May 2018 (OJ L 182, 18.7.2018, p. 61).’ |
| --- | --- |

‘—

32018 R 0989: Commission Delegated Regulation (EU) 2018/989 of 18 May 2018 (OJ L 182, 18.7.2018, p. 61).’

Article 2

The text of Delegated Regulation (EU) 2018/989 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 21 March 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*), or on the day of the entry into force of Decision of the EEA Joint Committee No 61/2018 of 23 March 2018 (2), whichever is the later.

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 20 March 2020.

For the EEA Joint Committee

The President

Clara GANSLANDT

---

(1)  
  OJ L 182, 18.7.2018, p. 61.

1

(*)  No constitutional requirements indicated.

*

(2)  
  OJ L 26, 30.1.2020, p. 48.

2

---
Exhibit32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEYACT OF 2002

In connection with the Quarterly Report ofstreetTRACKS® Gold Trust (the"Trust") on Form 10-Q for the period endingJune 30, 2005 as filed with the Securities and Exchange Commission onthe date hereof (the "Report"), I, JamesLowe, principal financial officer of World Gold Trust Services, LLC,the sponsor of the Trust, certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

(1) The Report fully complies with the requirementsof 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 ofoperations of the Trust.

/s/ JamesLowe*                    

JamesLowe** Chief Financial Officer (principal financialofficer)August 10, 2005

|         |                                                                                                                                                     |
|---------|-----------------------------------------------------------------------------------------------------------------------------------------------------|
| *  | Theoriginally executed copy of this Certification will be maintained atthe Sponsor's offices and will be made available for inspectionupon request. |

|          |                                                                                                                                           |
|----------|-------------------------------------------------------------------------------------------------------------------------------------------|
| **  | The Registrant is a trust and Mr.Lowe is signing in his capacity as an officer of World Gold TrustServices, LLC, the sponsor of theTrust. |

----
#### George E. Ford, Defendant in Error, v. M. Piowaty & Sons, Plaintiff in Error.

Gen. No. 21,112.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John Courtney, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1915.

Reversed and remanded.

Opinion filed January 11, 1916.

Rehearing denied January 25, 1916.

Statement of the Case.

Action by George E. Ford, plaintiff, against M. Piowaty & Sons, a corporation, defendant, to recover *418the purchase price of goods sold and delivered at the defendant’s special instance and request. On judgment for plaintiff, defendant brings error.

Abstract of the Decision.

1. Appeal and error, § *1470*
      ***
      *—when receipt of secondary evidence without laying proper foundation reversible error.*In an action for goods sold and delivered, *held*that the receipt of secondary evidence over objections thereto, without laying a proper foundation therefor was reversible error.

2. Sales, § *329*
      ***
      *—when evidence insufficient to sustain verdict.*In an action for goods sold and delivered, evidence which merely tends to show that a deal was made by the plaintiff with a party whom the plaintiff claims was an officer or agent of the defendant, supplemented by evidence of the contents of a check purporting to come from the defendant without adequate proof of notice to produce the original, and of a letter purporting to come from the defendant without adequate proof either that it came from or was authorized by the defendant, and of certain inclosures therewith that were incompetent without adequate proof of the letter itself, is insufficient to sustain a judgment for the plaintiff.

Sabath, Stafford & Sabath, for plaintiff in error.-

Stewart Reed Brown, for defendant in error.

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Barnes

delivered the opinion of the court.
<PAGE>


                                                                   EXHIBIT 10.19

                              PF DISTRIBUTION, LLC
                        AMENDMENT TO LOGISTICS AGREEMENT


         THIS AMENDMENT made and entered into effective the 2nd day of March,
2003 by and between PF Distribution, LLC, a North Carolina limited liability
company with principal offices located in Hickory, North Carolina (hereinafter
"Distribution") and Pierre Foods, Inc., a North Carolina corporation with
principal offices located in Cincinnati, Ohio (hereinafter "Company").

                                   WITNESSETH:

         WHEREAS, the parties entered into a Logistics Agreement dated March 3,
2002 (the "Agreement"), and the parties are desirous of amending and modifying
the aforesaid Agreement, and

         WHEREAS, it is incumbent upon the parties to signify such amendment and
modification in writing.

         NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties hereto agree as follows:

         1. Amendment. The parties hereby amend the Agreement by deleting in its
entirety Section 6 Term therefrom.

         2. No Change. Except as amended herein, the Agreement shall remain in
full force and effect as originally written.

         IN WITNESS WHEREOF, the parties have caused this Amendment to be
executed in accordance with law in duplicate originals, one of which is retained
by each of the parties, the day and year first above written.


                                      PIERRE FOODS, INC.

                                      By: /s/ Pamela M. Witters
                                          -------------------------------------
                                          Pamela M. Witters, Senior Vice
                                          President and Chief Financial Officer


                                      PF DISTRIBUTION, LLC

                                      By: /s/ David R. Clark
                                          -------------------------------------
                                          David R. Clark, Manager
#### The People of the State of Illinois, Plaintiff-Appellee, *v.*Carl Gibbs, a/k/a Carl Menefee, Defendant-Appellant.

(No. 59367;

First District (2nd Division)

June 25, 1974.

*230No appearance for appellant.

No appearance for the People.

PER CURIAM.

DOWNING, J., took no part.
### §3501. Definitions

In this chapter, the following definitions apply:

(1) Public agency.—The term "public agency" means a State or a public agency or political subdivision of a State.

(2) Public works.—The term "public works" includes any public works other than housing.

(3) State.—The term "State" means a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and any territory or possession of the United States.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1167.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 3501 | 40:460. | Aug. 2, 1954, ch. 649, title VII, §703, 68 Stat. 641; Pub. L. 90–19, §10(d), May 25, 1967, 81 Stat. 22; Pub. L. 93–383, title IV, §401(c), Aug. 22, 1974, 88 Stat. 691. |

Section

In this section, the text of 40:460(2) is omitted as unnecessary because the complete name of the Secretary of Housing and Urban Development is used the first time the term appears in a section.

In clause (1), the words "or 'public agencies' " are omitted as unnecessary because of 1:1.

In clause (3), the words "Guam, the Virgin Islands" are added to clarify that the provisions of the source law apply to those jurisdictions. The words "the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau" are substituted for "the Trust Territory of the Pacific Islands" because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.