alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 240
Editorial Note: Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 240.3b-15 Definition of ancillary portfolio management securities activities. ( a ) The term *ancillary portfolio management securities activities* means securities activities that: ( 1 ) Are limited to transactions in connection with: ( i ) Dealer activities in eligible OTC derivative instruments;
( ii ) The issuance of securities by the dealer; or
( iii ) Such other securities activities that the Commission designates by order pursuant to § 240.15a-1(b)(1); and
( 2 ) Are conducted for the purpose of reducing the market or credit risk of the dealer or consist of incidental trading activities for portfolio management purposes; and
( 3 ) Are limited to risk exposures within the market, credit, leverage, and liquidity risk parameters set forth in: ( i ) The trading authorizations granted to the associated person (or to the supervisor of such associated person) who executes a particular transaction for, or on behalf of, the dealer; and
( ii ) The written guidelines approved by the governing body of the dealer and included in the internal risk management control system for the dealer pursuant to § 240.15c3-4; and
( 4 ) Are conducted solely by one or more associated persons of the dealer who perform substantial duties for, or on behalf of, the dealer in connection with its dealer activities in eligible OTC derivative instruments.
( b ) The Commission may issue an order pursuant to § 240.15a-1(b)(4) clarifying whether certain securities activities are within the scope of ancillary portfolio management securities activities.
[63 FR 59395, Nov. 3, 1998]
#### § 170.5 Prevention of fraudulent and manipulative practices (section 17(b)(7) of the Act).

A futures association must establish and maintain a program for the protection of customers and option customers, including the adoption of rules to protect customers and option customers and customer funds and to promote fair dealing with the public. These rules shall set forth the ethical standards for members of the association in their business dealings with the public. An applicant association must also demonstrate its capability to foster a professional atmosphere among its members, including an acceptance of an adherence to the ethical standards, and to monitor and enforce compliance with the customer and option customer protection program and rules.

(Secs. 2(a)(1), 4c(a)-(d), 4d, 4f, 4g, 4k, 4m, 4n, 8a, 15 and 17, Commodity Exchange Act (7 U.S.C. 2, 4, 6c(a)-(d), 6d, 6f, 6g, 6k, 6m, 6n, 12a, 19 and 21; 5 U.S.C. 552 and 552b))

[47 FR 57020, Dec. 22, 1982]
### SUBCHAPTER IV—NOISE POLLUTION

#### **Editorial Notes**

#### Codification

Another title IV of act July 14, 1955, as added by Pub. L. 101–549, title IV, §401, Nov. 15, 1990, 104 Stat. 2584, is classified to subchapter IV–A (§7651 et seq.) of this chapter.
### §1320a–7i. Reporting of information relating to drug samples

#### (a) In general

Not later than April 1 of each year (beginning with 2012), each manufacturer and authorized distributor of record of an applicable drug shall submit to the Secretary (in a form and manner specified by the Secretary) the following information with respect to the preceding year:

(1) In the case of a manufacturer or authorized distributor of record which makes distributions by mail or common carrier under subsection (d)(2) of section 353 of title 21, the identity and quantity of drug samples requested and the identity and quantity of drug samples distributed under such subsection during that year, aggregated by—

(A) the name, address, professional designation, and signature of the practitioner making the request under subparagraph (A)(i) of such subsection, or of any individual who makes or signs for the request on behalf of the practitioner; and

(B) any other category of information determined appropriate by the Secretary.

(2) In the case of a manufacturer or authorized distributor of record which makes distributions by means other than mail or common carrier under subsection (d)(3) of such section 353 of title 21, the identity and quantity of drug samples requested and the identity and quantity of drug samples distributed under such subsection during that year, aggregated by—

(A) the name, address, professional designation, and signature of the practitioner making the request under subparagraph (A)(i) of such subsection, or of any individual who makes or signs for the request on behalf of the practitioner; and

(B) any other category of information determined appropriate by the Secretary.

#### (b) Definitions

In this section:

#### (1) Applicable drug

The term "applicable drug" means a drug—

(A) which is subject to subsection (b) of such section 353 of title 21; and

(B) for which payment is available under subchapter XVIII or a State plan under subchapter XIX or XXI (or a waiver of such a plan).

#### (2) Authorized distributor of record

The term "authorized distributor of record" has the meaning given that term in subsection (e)(3)(A) of such section.

#### (3) Manufacturer

The term "manufacturer" has the meaning given that term for purposes of subsection (d) of such section.

(Aug. 14, 1935, ch. 531, title XI, §1128H, as added Pub. L. 111–148, title VI, §6004, Mar. 23, 2010, 124 Stat. 697.)
Exhibit 32.2

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 DIRECTV Holdings LLC (the "Corporation") on Form 10-Q for the period ended June 30, 2006 as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael W. Palkovic, Executive Vice President and Chief Financial Officer of the Corporation, 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:

|/s/ MICHAEL W. PALKOVICMichael W. Palkovic
Executive Vice President and Chief Financial Officer |  | 
|----------------------------------------------------------------------------------------------- |  | 
|August 8, 2006                                                                                  |  | 

---



QuickLinks
### §12334. Administration

#### (a) In general

The Commissioner shall administer programs under this part through the Administration on Children, Youth, and Families.

#### (b) Technical assistance

In carrying out this part, the Commissioner may request the technical assistance and cooperation of the Secretary of Education, the Secretary of Labor, the Attorney General, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Director of the Office of Community Services, and such other agencies and departments of the Federal Government as may be appropriate.

(Pub. L. 101–501, title IX, §928, Nov. 3, 1990, 104 Stat. 1269.)

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

#### Effective Date

Section effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as an Effective Date of 1990 Amendment note under section 8621 of this title.
Subpart 3437.1—Service Contracts—General

Parent topic: PART 3437—SERVICE CONTRACTING

3437.102 Policy.

If a service contract requires one or more end items of supply, FAR subpart 37.1 and this subpart

apply only to the required services.

3437.170 Observance of administrative closures.

The contracting officer must insert the clause at 3452.237–71 (Observance of administrative

closures) in all solicitations and contracts for services.
### §1973a. Transferred

#### **Editorial Notes**

#### Codification

Section 1973a was editorially reclassified as section 10302 of Title 52, Voting and Elections.
Name of Subsidiary
    
    OwnershipCCI Southeast, LLC (CCISE)
    
    
    100.00
    %Riverdale Carwash Lot 3A, LLC (Riverdale)
    
    
    100.00
    %AARD-Cypress Sound, LLC (Cypress Sound)
    
    
    51.00
    %AARD-TSD-CSK Firestone, LLC (Firestone)
    
    
    51.00
    %South Glen Eagles Drive, LLC (West Valley)
    
    
    51.00
    %119th and Ridgeview, LLC (Ridgeview)
    
    
    51.00
    %53rd and Baseline, LLC (Baseline)
    
    
    51.00
    %Hwy 278 and Hwy 170, LLC (Bluffton)
    
    
    51.00
    %State and 130th, LLC (American Fork)
    
    
    51.00
    %Clinton Keith and Hidden Springs, LLC (Murietta)
    
    
    51.00
    %Hwy 46 and Bluffton Pkwy, LLC (Bluffton 46)
    
    
    51.00
    %AARD Bader Family Dollar Flat Shoals, LLC (Flat Shoals)
    
    
    51.00
    %AARD Westminster OP7, LLC (Westminster OP7)
    
    
    51.00
    %Eagle Palm I, LLC (Eagle)
    
    
    51.00
    %AARD Econo Lube Stonegate, LLC (Econo Lube)
    
    
    51.00
    %AARD Bader Family Dollar MLK, LLC (MLK)
    
    
    51.00
    %AARD-Charmar Greeley, LLC (Starbucks)
    
    
    51.00
    %AARD-Charmar Greeley Firestone, LLC
    
    
    51.00
    %AARD 5020 Lloyd Expy, LLC (Evansville)
    
    
    51.00
    %AARD 2245 Main Street, LLC (Plainfield)
    
    
    51.00
    %AARD-Buckeye, LLC (Buckeye)
    
    
    51.00
    %AARD Esterra Mesa 1, LLC (Esterra Mesa 1)
    
    
    51.00
    %AARD Esterra Mesa 2, LLC (Esterra Mesa 2)
    
    
    51.00
    %AARD Esterra Mesa 3, LLC (Esterra Mesa 3)
    
    
    51.00
    %AARD Esterra Mesa 4, LLC (Esterra Mesa 4)
    
    
    51.00
    %AARD MDJ Goddard, LLC (Goddard)
    
    
    51.00
    %AARD Charmar Arlington Boston Pizza, LLC (Charmar Boston Pizza)
    
    
    51.00
    %L-S Corona Pointe, LLC (L-S Corona)
    
    
    50.01
    %
§ 229.915 (Item 915) Federal income tax consequences. ( a ) Provide a brief, clear and understandable summary of the material Federal income tax consequences of the roll-up transaction and an investment in the successor. Where a tax opinion has been provided, briefly summarize the substance of such opinion, including identification of the material consequences upon which counsel has not been asked, or is unable, to opine. If any of the material Federal income tax consequences are not expected to be the same for investors in all partnerships, the differences shall be described.
( b ) State whether or not the opinion of counsel is included as an appendix to the prospectus. If filed as an exhibit to the registration statement and not included as an appendix to the prospectus, include a statement to the effect that, upon receipt of a written request by an investor or his representative who has been so designated in writing, a copy of the opinion of counsel will be transmitted promptly, without charge, by the general partner or sponsor. The statement should include the name and address of the person to whom investors should make their request.
#### § 240.4 Definition of customer.

A *customer* is any person who buys for resale directly from the seller, or the seller's agent or broker. In addition, a “customer” is any buyer of the seller's product for resale who purchases from or through a wholesaler or other intermediate reseller. The word “customer” which is used in section 2(d) of the Act includes “purchaser” which is used in section 2(e).

Note: There may be some exceptions to this general definition of “customer.” For example, the purchaser of distress merchandise would not be considered a “customer” simply on the basis of such purchase. Similarly, a retailer purchasing solely from other retailers, or making sporadic purchases from the seller or one that does not regularly sell the seller's product, or that is a type of retail outlet not usually selling such products (e.g., a hardware store stocking a few isolated food items) will not be considered a “customer” of the seller unless the seller has been put on notice that such retailer is selling its product.

# Example 1:

A manufacturer sells to some retailers directly and to others through wholesalers. Retailer A purchases the manufacturer's product from a wholesaler and resells some of it to Retailer B. Retailer A is a customer of the manufacturer. Retailer B is not a customer unless the fact that it purchases the manufacturer's product is known to the manufacturer.

# Example 2:

A manufacturer sells directly to some independent retailers, to the headquarters of chains and of retailer-owned cooperatives, and to wholesalers. The manufacturer offers promotional services or allowances for promotional activity to be performed at the retail level. With respect to such services and allowances, the direct-buying independent retailers, the headquarters of the chains and retailer-owned cooperatives, and the wholesaler's independent retailer customers are customers of the manufacturer. Individual retail outlets of the chains and the members of the retailer-owned cooperatives are not customers of the manufacturer.

# Example 3:

A seller offers to pay wholesalers to advertise the seller's product in the wholesalers' order books or in the wholesalers' price lists directed to retailers purchasing from the wholesalers. The wholesalers and retailer-owned cooperative headquarters and headquarters of other bona-fide buying groups are customers. Retailers are not customers for purposes of this promotion.
#### In the Matter of Kew Gardens Associates, LLC, Appellant, v New York State Division of Housing and Community Renewal, Respondent.

[820 NYS2d 808]

In a proceeding pursuant to CFLR article 78 to review so much of a determination of the New York State Division of Housing and Community Renewal, dated June 1, 2004, as confirmed an order of the Rent Administrator, dated June 24, 2003, which, upon reconsideration of a prior determination dated April 5, 2001, denied, in part, the petitioner’s application *941for a major capital improvement rent increase, the petitioner appeals from a judgment of the Supreme Court, Queens County (Rosengarten, J.), dated March 31, 2005, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The determination of the New York State Division of Housing and Community Renewal confirming the Rent Administrator’s denial of that portion of the petitioner’s application which was for a major capital improvement rent increase relating to parking lot resurfacing was not arbitrary and capricious and is supported by a rational basis in the record *(see*9 NYCRR 2522.4 [a] [2] [i] [c], [d]; *Matter of Ansonia Residents Assn. v New York State Div. of Hous. & Community Renewal,*75 NY2d 206 [1989]). Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding. Florio, J.P., Ritter, Goldstein and Lifson, JJ., concur.
#### § 156.4 Disclosure of Broker Association Membership.

Each contract market shall make available to the public generally and upon request a list of all registered broker associations which identifies for each such association the name of each person who is a member or otherwise has a direct beneficial interest in the association. This list shall be updated at least semi-annually.

[61 FR 41498, Aug. 9, 1996]
### §17554. Transferred

#### **Editorial Notes**

#### Codification

Section 17554 was editorially reclassified as section 60554 of Title 34, Crime Control and Law Enforcement, which was subsequently repealed by Pub. L. 115–391, title V, §504(d), Dec. 21, 2018, 132 Stat. 5233.
###### Editorial Note on Part 200

#### Editorial Note:

Nomenclature changes to part 200 appear at 76 FR 60371, Sept. 29, 2011.

#### § 200.69 Conduct toward parties and their counsel.

Members should be temperate, attentive, patient and impartial when hearing the arguments of parties or their counsel. Members should not condone unprofessional conduct by attorneys in their representation of parties. The Commission should continuously assure that its staff follows the same principles in their relationships with parties and counsel.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

John V. Massingale 

Greenwich Chemical Consulting, Inc 

3300 PGA Boulevard, Suite 635 

Palm Beach Gardens, FL 33410 

FEB JJ.Z015 

OFFICE OF 

THE ADMINISTRATOR 

Re: Request for extension to submit final reports for Log Kow and aquatic toxicity for 0-

erythro-hex-2-enonic acid, gamma.-lactone, monosodium salt (Sodium 

ervthorbate)(CASRN 6381-77-7) 

Dear Mr. Massingale: 

EPA has received your January 27,2015, letter on behalfofUnivar USA, Inc., (Univar) 

requesting an extension of time to submit final reports for acute toxicity testing for fish and 

Daphnia and for algal toxicity for D-gluco-heptonic acid, monosodium salt, (2.xi.)- (CASRN 

6381-77-7). EPA also understands from a clarifying email that this request also applies to the 

required Log Kow determination. The required biodegradation test has recently been completed 

and does not require an extension for submission. These studies were required pursuant to a test 

rule issued under section 4 ofthe Toxic Substances Control Act on January 7, 2011 (76 FR 1067) 

(HVP2). 

Your letter states that Univar is requesting an extension to October 31, 2015, (instead of the 

original date of February 11, 20 15) and that the extension is required to account for the 

additional time needed to consult with EPA and incorporate additional EPA comments, as well 

as work with the testing laboratory to assure that the necessary changes are implemented. EPA 

also understands that additional time is needed to develop the analytical methods and test 

procedures to account for the instability of the test compound. EPA notes that, although initial 

protocols were submitted to EPA on time, multiple reviews of these protocols have been 

required. 

Internet Address (URL) • http://www.epa.gov 

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlonne Free Recycled Paper 
EPA agrees that the additional work described in your extension request will require the 

additional time to start and complete the required endpoint studies. Therefore, EPA is granting 

the requested extension to submit the final reports for the Log Kow, acute toxicity tests for fish 

and Daphnia, and test for algal toxicity on October 31, 2015. 

If you have any questions, please contact John Schaeffer of my staff (schaeffer.john@epa.gov; 

202-564-8173). 

cc: Docket EPA-HQ-OPPT-2007-0531 

Sincerely. 

p~k Paul Lewis, Ph.D. 

Chief 

Chemicallnformation and 

Testing Branch (MC 7405M)
### §18381. Technology development

The Administrator shall ensure that the Science Mission Directorate maintains a long term technology development program for space and Earth science. This effort should be coordinated with an overall Agency technology investment approach, as authorized in section 905 of this Act.

(Pub. L. 111–267, title VIII, §801, Oct. 11, 2010, 124 Stat. 2832.)

#### **Editorial Notes**

#### References in Text

Section 905 of this Act, referred to in text, is Pub. L. 111–267, title IX, §905, Oct. 11, 2010, 124 Stat. 2836, which is not classified to the Code.
<PAGE>
                                                                    EXHIBIT 4.28

WHEN RECORDED, RETURN TO:

Fennemore Craig, P.C.
Attn: Sarah A. Strunk
3003 North Central Avenue
Suite 2600
Phoenix, AZ 85012-2913

                          BENEFICIARY'S DEED OF RELEASE
                                AND RECONVEYANCE

     WHEREAS, the undersigned is the Beneficiary under that certain Deed of
Trust, Assignment of Rents, Security Agreement and Fixture Filing dated as
October 17, 2005, executed by NORD RESOURCES CORPORATION, a Delaware
corporation, as Trustor, in favor of AURAMET TRADING, LLC, a Delaware limited
liability company, as Beneficiary and FIRST AMERICAN TITLE INSURANCE COMPANY, as
Trustee, recorded on October 18, 2005, at Fee No. 051039985, Official Records of
Cochise County, Arizona (the "Deed of Trust"); and

     WHEREAS, the indebtedness secured by the Deed of Trust has been fully paid.

     NOW, THEREFORE, for good and valuable consideration and pursuant to the
provisions of Arizona Revised Statutes Section 33-707.A. which makes it
unnecessary for the Trustee to join in this document, the undersigned hereby
releases and reconveys, without covenant or warranty, express or implied, unto
the parties legally entitled thereto, all right, title and interest which was
heretofore acquired by the undersigned or the Trustee under the Deed of Trust.

DATED: November 7, 2005

                                        BENEFICIARY:

                                        AURAMET TRADING, LLC


                                        /s/ Justin M. Sullivan
                                        ----------------------------------------
                                        By Justine M. Sullivan
                                        Its Chief Operating Officer

<PAGE>

STATE OF New Jersey   )
                      ) ss.
COUNTY OF  Bergen     )

     The foregoing was acknowledged before me this 7th day of November, 2005, by
Justin M. Sillivan, the Chief Operating Officer of Auramet Trading, LLC.


                                        /s/ Beth Anne Russo
                                        ----------------------------------------
                                        Notary Public

My Commission Expires:
May 25, 2009
#### Eli Frank *v.*Adolph Moses *et al.*

*Filed at Ottawa October 5, 1886.*

Appeals and writs op error—writ *of error to a county court—whether it will lie.*Pending a writ of error in this court, which was sued out to a county court, it was decided, in a proceeding by *mandamus,*that an appeal would lie in the case, from the county court to the circuit court. It was *held,*that therefore the writ of error from this court to the county court would not lie.*

*Upon the question whether a writ of error to a county court will lie, see *Kingsbury*v. *Sperry et al.*119 Ill. 279, *Holden et al.*v. *Herkimer,*53 id. 258, *Horner*v. *Goe,*54 id. 285, *Frans*v. *The People,*59 id. 427, *Ennis*v. *Ennis,*103 id. 95, and *Hobson*v. *Paine,*40 id. 25, which is distinguished from *Unknown Heirs of Langworthy*v. *Baker,*23 Ill. 487.

Writ of Error to the County Court of Cook county; the Hon. Richard Peendergast, Judge, presiding.

Mr. George W. Smith, and Messrs. Kraus Mayer, for the plaintiff in error.

Mr. É. A. Otis, and Messrs. Moses & Newman, for the defendants in error.

Per Curiam :

The writ of error in this case was sued out of this court to the county court of Cook county. Since then this court has decided an appeal will lie in this case from the county court to the circuit court of Cook county, and has awarded a writ of *mandamus*to compel the county court to allow an appeal in the cause. *(People ex rel.*v. *Prendergast,*117 Ill. 588.) It follows, therefore, that a writ of error will not lie from this court to the county court, in the cause, while an appeal is or may be pending in the circuit court of Cook county, and where a trial *de novo*of the cause may be had.

The writ of error must be dismissed.

*Writ of error dismissed.*
### §16658. Repealed. Pub. L. 111–314, §6, Dec. 18, 2010, 124 Stat. 3444

Section, Pub. L. 110–69, title II, §2003, Aug. 9, 2007, 121 Stat. 583, related to basic research enhancement. See section 20304 of Title 51, National and Commercial Space Programs.