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.

§ 240.14e-2 Position of subject company with respect to a tender offer. ( a ) *Position of subject company.* As a means reasonably designed to prevent fraudulent, deceptive or manipulative acts or practices withing the meaning of section 14(e) of the Act, the subject company, no later than 10 business days from the date the tender offer is first published or sent or given, shall publish, send or give to security holders a statement disclosing that the subject company: ( 1 ) Recommends acceptance or rejection of the bidder's tender offer;
( 2 ) Expresses no opinion and is remaining neutral toward the bidder's tender offer; or
( 3 ) Is unable to take a position with respect to the bidder's tender offer. Such statement shall also include the reason(s) for the position (including the inability to take a position) disclosed therein.
( b ) *Material change.* If any material change occurs in the disclosure required by paragraph (a) of this section, the subject company shall promptly publish or send or give a statement disclosing such material change to security holders.
( c ) Any issuer, a class of the securities of which is the subject of a tender offer filed with the Commission on Schedule 14D-1F and conducted in reliance upon and in conformity with Rule 14d-1(b) under the Act, and any director or officer of such issuer where so required by the laws, regulations and policies of Canada and/or any of its provinces or territories, in lieu of the statements called for by paragraph (a) of this section and Rule 14d-9 under the Act, shall file with the Commission on Schedule 14D-9F the entire disclosure document(s) required to be furnished to holders of securities of the subject issuer by the laws, regulations and policies of Canada and/or any of its provinces or territories governing the conduct of the tender offer, and shall disseminate such document(s) in the United States in accordance with such laws, regulations and policies.
( d ) *Exemption for cross-border tender offers.* The subject company shall be exempt from this section with respect to a tender offer conducted under § 240.14d-1(c).
[44 FR 70348, Dec. 6, 1979, as amended at 56 FR 30075, July 1, 1991; 64 FR 61406, Nov. 10, 1999]
In the Senate of the United States, 

December 12, 2012. 

Resolved, That the bill from the House of Representatives (H.R. 3783) entitled ‘‘An Act to provide for a comprehensive strategy to counter Iran’s growing hostile presence 

and activity in the Western Hemisphere, and for other purposes.’’, do pass with the following 

AMENDMENT: 

On page 11, strike lines 17–19 and insert the following: 

1 (d) FORM.—The strategy in this section may be sub2 mitted in classified form, but shall include an unclassified 

3 summary of policy recommendations to address the growing 

4 Iranian threat in the Western Hemisphere. 

Attest: 

Secretary. 
112TH CONGRESS 

2D SESSION H.R. 3783 

AMENDMENT
§ 270.3c-6 Certain transfers of interests in section 3(c)(1) and section 3(c)(7) funds. ( a ) As used in this section: ( 1 ) The term *Donee* means a person who acquires a security of a Covered Company (or a security or other interest in a company referred to in paragraph (b)(3) of this section) as a gift or bequest or pursuant to an agreement relating to a legal separation or divorce.
( 2 ) The term *Section 3(c)(1) Company* means a company that would be an investment company but for the exclusion provided by section 3(c)(1) of the Act [15 U.S.C. 80a-3(c)(1)].
( 3 ) The term *Section 3(c)(7) Company* means a company that would be an investment company but for the exclusion provided by section 3(c)(7) of the Act [15 U.S.C. 80a-3(c)(7)].
( 4 ) The term *Transferee* means a Section 3(c)(1) Transferee or a Qualified Purchaser Transferee, in each case as defined in paragraph (b) of this section.
( 5 ) The term *Transferor* means a Section 3(c)(1) Transferor or a Qualified Purchaser Transferor, in each case as defined in paragraph (b) of this section.
( b ) Beneficial ownership by any person (“Section 3(c)(1) Transferee”) who acquires securities or interests in securities of a Section 3(c)(1) Company from a person other than the Section 3(c)(1) Company shall be deemed to be beneficial ownership by the person from whom such transfer was made (“Section 3(c)(1) Transferor”), and securities of a Section 3(c)(7) Company that are owned by persons who received the securities from a qualified purchaser other than the Section 3(c)(7) Company (“Qualified Purchaser Transferor”) or a person deemed to be a qualified purchaser by this section shall be deemed to be acquired by a qualified purchaser (“Qualified Purchaser Transferee”), provided that the Transferee is: ( 1 ) The estate of the Transferor;
( 2 ) A Donee; or
( 3 ) A company established by the Transferor exclusively for the benefit of (or owned exclusively by) the Transferor and the persons specified in paragraphs (b)(1) and (b)(2) of this section.
[62 FR 17529, Apr. 9, 1997]
§ 703.6 Recordkeeping. ( a ) The Mechanism shall maintain records on each dispute referred to it which shall include: ( 1 ) Name, address and telephone number of the consumer;
( 2 ) Name, address, telephone number and contact person of the warrantor;
( 3 ) Brand name and model number of the product involved;
( 4 ) The date of receipt of the dispute and the date of disclosure to the consumer of the decision;
( 5 ) All letters or other written documents submitted by either party;
( 6 ) All other evidence collected by the Mechanism relating to the dispute, including summaries of relevant and material portions of telephone calls and meetings between the Mechanism and any other person (including consultants described in § 703.4(b) of this part);
( 7 ) A summary of any relevant and material information presented by either party at an oral presentation;
( 8 ) The decision of the members including information as to date, time and place of meeting, and the identity of members voting; or information on any other resolution;
( 9 ) A copy of the disclosure to the parties of the decision;
( 10 ) A statement of the warrantor's intended action(s);
( 11 ) Copies of follow-up letters (or summaries of relevant and material portions of follow-up telephone calls) to the consumer, and responses thereto; and
( 12 ) Any other documents and communications (or summaries of relevant and material portions of oral communications) relating to the dispute.
( b ) The Mechanism shall maintain an index of each warrantor's disputes grouped under brand name and sub-grouped under product model.
( c ) The Mechanism shall maintain an index for each warrantor as will show: ( 1 ) All disputes in which the warrantor has promised some performance (either by settlement or in response to a Mechanism decision) and has failed to comply; and
( 2 ) All disputes in which the warrantor has refused to abide by a Mechanism decision.
( d ) The Mechanism shall maintain an index as will show all disputes delayed beyond 40 days.
( e ) The Mechanism shall compile semi-annually and maintain statistics which show the number and percent of disputes in each of the following categories: ( 1 ) Resolved by staff of the Mechanism and warrantor has complied;
( 2 ) Resolved by staff of the Mechanism, time for compliance has occurred, and warrantor has not complied;
( 3 ) Resolved by staff of the Mechanism and time for compliance has not yet occurred;
( 4 ) Decided by members and warrantor has complied;
( 5 ) Decided by members, time for compliance has occurred, and warrantor has not complied;
( 6 ) Decided by members and time for compliance has not yet occurred;
( 7 ) Decided by members adverse to the consumer;
( 8 ) No jurisdiction;
( 9 ) Decision delayed beyond 40 days under § 703.5(e)(1) of this part;
( 10 ) Decision delayed beyond 40 days under § 703.5(e)(2) of this part;
( 11 ) Decision delayed beyond 40 days for any other reason; and
( 12 ) Pending decision.
( f ) The Mechanism shall retain all records specified in paragraphs (a) through (e) of this section for at least 4 years after final disposition of the dispute.
# 3432.000 Scope of part.

**Parent topic:**PART 3432—CONTRACT FINANCING
SHARON KELLER

PRESIDING JUDGE

LAWRENCE E. MEYERS
CHERYL JOHNSON

MIKE KEASLER
BARBARA P. HERVEY
ELSA ALCALA

BERT RICHARDSON
KEVIN P. YEARY
DAVID NEWELL

JUDGES 

## C OURT OF 

## C RIMINAL 

## A PPEALS

P.O. BOX 12308, CAPITOL STATION AUSTIN, TEXAS 78711 ABEL ACOSTA

CLERK (512) 463-1551

SIAN SCHILHAB

GENERAL COUNSEL (512) 463-1597

S UPREME C OURT B UILDING
, 201 W EST 14 TH S TREET
, R OOM 106, A USTIN
, T EXAS 78701

W EBSITE WWW

. TXCOURTS

. GOV / CCA

. ASPX Wednesday, June 03, 2015

O.D. VAN DUREN Jr.
TDC# 1834715
RAMSEY UNIT
1100 FM 655 ROSHARON, TX 77583-7670 District Attorney Harris County
Devon Anderson Appellate Section
1201 Franklin St. Ste. 600 Houston, TX 77002-1901

* DELIVERED VIA E-MAIL *

Re: VAN DUREN, O.D. JR.
CCA No. PD-0200-15 COA No. 01-13-00103-CR
Trial Court Case No. 1307615

The attached order was issued in the above case number.

Sincerely,

_____________________________ Abel Acosta, Clerk

cc: 1st Court Of Appeals Clerk (DELIVERED VIA E-MAIL)
Lisa McMinn (DELIVERED VIA E-MAIL)
**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

 

Inconnection with the Quarterly Report of MarkWest Hydrocarbon, Inc. (the “Company”),on Form 10-Q as amended by this Form 10-Q/A for the period ending March 31,2004, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Frank M. Semple, Chief Executive Officer of the Company,certify, to the best of my knowledge, pursuant to 18 U.S.C. §1350, as adoptedpursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Reportfully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2) The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| /s/ FRANK M. SEMPLE |   |
|---------------------|--------|

 

Frank M. Semple

Chief Executive Officer

 

October 20,2005

 

----
#### In the Matter of Fred Mallet et al., Appellants, against Joseph D. McGoldrick, as State Rent Administrator, et al., Respondents.

Order unanimously affirmed, with one bill of $20 costs and disbursements to the respondents. No opinion. Present — Peek, P. J., Dore, Callahan, Breitel and Bastow, JJ.
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.

§ 240.15d-11 Current reports on Form 8-K (§ 249.308 of this chapter). ( a ) Except as provided in paragraph (b) of this section, every registrant subject to § 240.15d-1 shall file a current report on Form 8-K within the period specified in that form unless substantially the same information as that required by Form 8-K has been previously reported by the registrant.
( b ) This section shall not apply to foreign governments, foreign private issuers required to make reports on Form 6-K (17 CFR 249.306) pursuant to § 240.15d-16, issuers of American Depositary Receipts for securities of any foreign issuer, or investment companies required to file reports pursuant to § 270.30a-1 of this chapter under the Investment Company Act of 1940, except where such an investment company is required to file: ( 1 ) Notice of a blackout period pursuant to § 245.104 of this chapter;
( 2 ) Disclosure pursuant to Instruction 2 to § 240.14a-11(b)(1) of information concerning outstanding shares and voting; or
( 3 ) Disclosure pursuant to Instruction 2 to § 240.14a-11(b)(10) of the date by which a nominating shareholder or nominating shareholder group must submit the notice required pursuant to § 240.14a-11(b)(10).
( c ) No failure to file a report on Form 8-K that is required solely pursuant to Item 1.01, 1.02, 1.05, 2.03, 2.04, 2.05, 2.06, 4.02(a), 5.02(e), or 6.03 of Form 8-K shall be deemed to be a violation of 15 U.S.C. 78j(b) and § 240.10b-5.
[42 FR 4429, Jan. 25, 1977, as amended at 50 FR 27939, July 9, 1985; 68 FR 4355, Jan. 28, 2002; 69 FR 15618, Mar. 25, 2004; 70 FR 1622, Jan. 7, 2005; 71 FR 53263, Sept. 8, 2006; 75 FR 56792, Sept. 16, 2010; 81 FR 82020, Nov. 18, 2016; 88 FR 51943, Aug. 4, 2023]
### §2015. Transfer of property

Nothing in this chapter shall be deemed to repeal, modify, amend, or alter the provisions of section 9(a) of the Atomic Energy Act of 1946, as heretofore amended.

(Aug. 1, 1946, ch. 724, title I, §241, as added Aug. 30, 1954, ch. 1073, §1, 68 Stat. 960; renumbered title I, Pub. L. 102–486, title IX, §902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

Section 9(a) of the Atomic Energy Act of 1946, as heretofore amended, referred to in text, which was formerly classified to section 1809(a) of this title, provided that: "The President shall direct the transfer to the Commission of all interests owned by the United States or any Government agency in the following property:

"(1) All fissionable material; all atomic weapons and parts thereof; all facilities, equipment, and materials for the processing, production, or utilization of fissionable material or atomic energy; all processes and technical information of any kind, and the source thereof (including data, drawings, specifications, patents, patent applications, and other sources (relating to the processing, production, or utilization of fissionable material or atomic energy; and all contracts, agreements, leases, patents, applications for patents, inventions and discoveries (whether patented or unpatented), and other rights of any kind concerning any such items;

"(2) All facilities, equipment, and materials, devoted primarily to atomic energy research and development; and

"(3) Such other property owned by or in the custody or control of the Manhattan Engineer District or other Government agencies as the President may determine."

#### Prior Provisions

Provisions similar to those comprising this section were contained in section 9 of act Aug. 1, 1946, ch. 724, 60 Stat. 765, which was classified to section 1809 of this title, prior to the complete amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
###### Editorial Note on Part 260

#### Editorial Note:

Nomenclature changes to part 260 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 260.7a-7 Effective date of amendment filed under section 8(a) of the Securities Act with the consent of the Commission.

An applicant desiring the Commission's consent to the filing of an amendment with the effect provided in section 8(a) of the Securities Act of 1933 may apply for such consent at or before the time of filing the amendment. The application shall be signed by the applicant or the agent for service and shall state fully the grounds upon which made. The Commission's consent shall be deemed to be given and the amendment shall be treated as a part of the application for qualification upon the sending of written or telegraphic notice to that effect.
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 96-30852 Summary Calendar

__________________
PERCY BARTLEY, Plaintiff-Appellant,

versus CHARLES SULLIVAN, President; SULLIVAN & ASSOCIATES; LOUISIANA AGRI-CAN, L. L. C.; DAVID MILLER, President, Crawfish Unlimited; RICHARD STALDER, Secretary, Louisiana Department of Public Safety; BURL CAIN, Warden, Louisiana State Prison; PRISON ENTERPRISES; DR. CHARLES KLEINPETER, Director, Prison Enterprises; and JAMES LeBLANC, Undersecretary, Louisiana Department of Public Safety, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana

USDC No. 96-CV-260

- - - - - - - - - - January 7, 1997 Before GARWOOD, JOLLY and DENNIS, Circuit Judges.
PER CURIAM: * Percy Bartley, a Louisiana prisoner (# 76966), appeals the district court’s dismissal of his 42 U.S.C. § 1983 civil rights complaint as frivolous, pursuant to 28 U.S.C. § 1915(d). Bartley argued that, by forcing him to work without pay for a privateNo. 96-30852 -2- enterprise, the defendants violated his rights under the Fair Labor Standards Act, the Due Process Clause, and the Thirteenth Amendment. We have reviewed the record and find no reversible error. Accordingly, the judgment is AFFIRMED for essentially the reasons stated by the magistrate judge in his report recommending that Bartley’s complaint be dismissed. See Bartley v. Sullivan , No. 96-CV-260 (M.D. La. May 31, 1996).
AFFIRMED.
#### § 300.103 Accounts held by a corporation, partnership or unincorporated association.

A corporation, partnership or unincorporated association holding an account with a member shall be deemed to be a separate customer distinct from the person or persons owning such corporation or comprising such partnership or unincorporated association if on the filing date it existed for a purpose other than primarily to obtain or increase protection under the Act.
§ 230.142 Definition of “participates” and “participation,” as used in section 2(11), in relation to certain transactions. ( a ) The terms *participates* and *participation* in section 2(11) (48 Stat. 74, 48 Stat. 905; 15 U.S.C. 77b) shall not include the interest of a person ( 1 ) who is not in privity of contract with the issuer nor directly or indirectly controlling, controlled by, or under common control with, the issuer, and
( 2 ) who has no association with any principal underwriter of the securities being distributed, and
( 3 ) whose function in the distribution is confined to an undertaking to purchase all or some specified proportion of the securities remaining unsold after the lapse of some specified period of time, and
( 4 ) who purchases such securities for investment and not with a view to distribution.
( b ) As used in this section: ( 1 ) The term *issuer* shall have the meaning defined in section 2(4) (48 Stat. 74, 48 Stat. 905; 15 U.S.C. 77b) and in the last sentence of section 2(11).
( 2 ) The term *association* shall include a relationship between two persons under which one: ( i ) Is directly or indirectly controlling, controlled by, or under common control with, the other, or
( ii ) Has, in common with the other, one or more partners, officers, directors, trustees, branch managers, or other persons occupying a similar status or performing similar functions, or
( iii ) Has a participation, direct or indirect, in the profits of the other, or has a financial stake, by debtor-creditor relationship, stock ownership, contract or otherwise, in the income or business of the other.
( 3 ) The term *principal underwriter* shall have the meaning defined in § 230.405. [3 FR 3015, Dec. 16, 1938]

Cross Reference:
For interpretative release applicable to § 230.142, see No. 1862 in tabulation, part 231, of this chapter.
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**Exhibit 32.1**

**CERTIFICATION OF CHIEF EXECUTIVEOFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED (Pursuant to Section 906of the Sarbanes-Oxley Act of 2002)**

HaroldG. Giomi certifies as follows:

1.               I am the Chief Executive Officer of The BankHoldings.

2.               The Form 10-Q/A of The Bank Holdings for theQuarter Ended September 30, 2006 fully complies with the requirements ofsection 13(a) of the Securities Exchange Act of 1934 and the informationcontained in the report on Form 10-Q/A fairly presents, in all materialrespects, the financial condition and results of operations of The BankHoldings.

 
| Date:  | January 19, 2007 |                                    | /s/ Hal Giomi |   |
|--------|------------------|-----------------------------------------|---------------|--------|
|   |             | THE BANK  HOLDINGS                      |
|   |             | Harold G. Giomi                         |
|   |             | Chairman &  Chief Executive Officer |

 

----
§ 300.501 Claim for cash. ( a ) Where a SIPC member (“Debtor”) held securities in an account for a customer, the customer has a “claim for cash” with respect to any authorized securities sale: ( 1 ) If the Debtor has sent written confirmation to the customer that the securities in question have been sold for or purchased from the customer's account; or
( 2 ) Whether or not such a written confirmation has been sent, if the securities in question have become the subject of a completed or executory contract for sale for or purchase from the account.
( b ) Where the Debtor held cash in an account for a customer, the customer has a “claim for cash”, notwithstanding the fact that the customer has ordered securities purchased for the account, unless: ( 1 ) The Debtor has sent written confirmation to the customer that the securities in question have been purchased for or sold to the customer's account; or
( 2 ) Whether or not such a written confirmation has been sent, if the securities in question have become the subject of a completed or executory contract for purchase for or sale to the account.
#### § 270.17a-1 Exemption of certain underwriting transactions exempted by § 270.10f-1.

Any transaction exempted pursuant to § 270.10f-1 shall be exempt from the provisions of section 17(a)(1) of the Act (54 Stat. 815; 15 U.S.C. 80a-17).

[Rule N-17A-1, 6 FR 1191, Feb. 28, 1941]