alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                    EXHIBIT 4.38

                 SECOND AMENDMENT TO CONVERTIBLE PROMISSORY NOTE
                              DATED OCTOBER 4, 2004

     Effective as of November 30, 2005 ("Second Amendment Date") the Convertible
Promissory Note dated October 4, 2004("Note")between Nord Resources Corporation,
a Delaware corporation (the "Company") and Ronald A. Hirsch (the "Holder") shall
be amended as follows:

Section 1. shall be amended to read as follows: "Unless converted as provided in
Section 2, this Note is extended to the earlier of (a) May 8, 2006 or (b) on
week following the closing of an equity offering in which the company raises not
less than twenty-five Million Dollars ($25,000,000.00)(the "Maturity Date").
Subject to Section 2 Below, Interest shall continue to accrue on this Note.

Agreed to and Accepted:

Company:
Nord Resources Corporation
P.O. Box 384 Dragoon, AZ 85609


By /s/ Erland A. Anderson
   ----------------------------------
Erland A. Anderson
President

Holder:
Ronald A. Hirsch
668 N. Coast Hwy #171
Laguna Beach, CA 92051


By /s/ Ronald A. Hirsch
   ----------------------------------
Ronald A. Hirsch
**EXHIBIT 31.1****Certification of Chief Executive Officer**I, Richard Randall, certify that:1. I have reviewed this quarterly report on Form 10-Q of TranS1 Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and we have: a. Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which this report isbeing prepared;  b. Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and  c. Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a. All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and  b. Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.Date: May 2, 2008     /s/ Richard Randall   Richard Randall   President and Chief Executive Officer   
19
OKLAHOMA 

DEPARTMENT Of ENVIRONMENTAl QUAliTY 

STEVEN A. THOMPSON 	 BRAD HENRY 

Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY 	 Governor

March 19, 2008 

Lafarge Building Materials 


Attn: Ms. Pamela Bennett 


2609 N. 14Sth East Avenue 


Tulsa, OK 74116 


Subject: 	 Best Available Retrofit Technology (BART) Waiver 


Lafarge Tulsa Cement Plant 


Dear Ms. Bennett: 

The Oklahoma Departinent of Environmental Quality (ODEQ) received a BART waiver 

request for the referenced.site on December 1,2006. . 

After the technical review, the ODEQ is approving a waiver for the Tulsa Cement Plant. 

This. waiv~r is based on facility BART sources which are not expected to cause or 

contribute to visibility impacts at Class I areas based on submittedmoQeling. 

While ODEQ has approved the waiver, the waiver is ~ubject to EPA and public comment 

during the Regional Haze.State Implementation Program (SIP).approval process. 

Thank YQ~ _f?r~ol!! 2~~~eration in this matter. If we may be of further service, please r contact-Phl!JlP_!lt::I<!er (~OS) 702-4100. . 

~Y'

DaWSO~fEngineer AIR QUALITY DIVISION 

707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101-1677 

printed on recycled paper with soy ink 

\)
#### Karen A. Hayes, Respondent, v James F. Hayes, Appellant.

(Appeal No. 1.)

[820 NYS2d 825]

Appeal from an order of the Supreme Court, Erie County (Erin M. Peradotto, J.), entered March 21, 2005. The order, among other things, granted plaintiff s motion for temporary exclusive possession of the marital residence.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs as moot *(see Kelly v Kelly,*19 AD3d 1104 [2005], *appeal dismissed*5 NY3d 847 [2005], *rearg denied and lv dismissed in part and denied in part*6 NY3d 803 [2006]). Present — Pigott, Jr., P.J., Hurlbutt, Martoche, Smith and Green, JJ.
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access to publicationsin the archive is available through GPO's suite of cataloging and locatorservices, including the Catalog of U.S. Government Publications (CGP). Archived copies of publications are retrieved in the event that publicationsare no longer available from the original publishing agency site. 
**Title:****Living with arthritis.**
 
2010 | 2017 | 2021
 
SuDoc Number:HE 20.3902:AR 7/3/
Item Number:0508-T (online)
CGP systemNumber:001099969
 
July 16, 2019
#### § 270.17f-3 Free cash accounts for investment companies with bank custodians.

No registered investment company having a bank custodian shall hold free cash except, upon resolution of its board or directors, a petty cash account may be maintained in an amount not to exceed $500: *Provided,* That such account is operated under the imprest system and is maintained subject to adequate controls approved by the board of directors over disbursements and reimbursements including, but not limited to fidelity bond coverage of persons having access to such funds.

(Sec. 17(f), 54 Stat. 815, 15 U.S.C. 80a-17(f), sec. 9, Pub. L. 91-547, 84 Stat. 1420)

[37 FR 9989, May 18, 1972]
§ 274.0-1 Availability of forms. ( a ) This part identifies and describes the forms prescribed for use under the Investment Company Act of 1940.
( b ) Any person may obtain a copy of any form prescribed for use in this part by written request to the Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549. Any person may inspect the forms at this address and at the Commission's regional offices. (See § 200.11 of this chapter for the addresses of SEC regional offices)
[46 FR 17757, Mar. 20, 1981, as amended at 47 FR 26820, June 22, 1982; 59 FR 5946, Feb. 9, 1994; 73 FR 32228, June 5, 2008]
H. R. 4014 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

To amend the Federal Deposit Insurance Act with respect to information provided 

to the Bureau of Consumer Financial Protection. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. FDIA AMENDMENTS REGARDING DISCLOSURES TO THE 

BUREAU OF CONSUMER FINANCIAL PROTECTION. 

The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) 

is amended— 

(1) in section 11(t)(2)(A) (12 U.S.C. 1821(t)(2)(A)), by 

inserting after clause (v) the following: 

‘‘(vi) The Bureau of Consumer Financial Protection.’’; and 

(2) in section 18(x) (12 U.S.C. 1828(x))— 

(A) by inserting ‘‘the Bureau of Consumer Financial 

Protection,’’ before ‘‘any Federal banking agency’’ each place 

such term appears; and 

(B) by striking ‘‘such agency’’ each place such term 

appears and inserting ‘‘such Bureau, agency’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
IT D AT S ENIRONMENT L PROTECTION AG CY DOCKET NO.: CAA-08-2011-0020 

## 2011 OV 

## 22 P 

## 12: I IN THE MATTER OF: KODIAK OIL 

### & GA (U A), INC.


### RE PO DE T. ) ) ) ) ) ) 

### ORDER ON REVI D

## io 01'10 T AME D 

### ADMlNISTATIVE COMPLAl T D 

### 0 ENT 

### ARc E T

nNovember21, 201 

### 1. h parti filed a R vis d Joinr loti nto Amend Administrative Complaintand ConsentAgreement. The Motion requests. pmsuantto paragraphs D.l.a and F.13 ofthe Agreement, thatthe Complaint and ConsentAgreement be amended to include a Revised Appendix A andmodification ofthe penalty. The R yi d App ndi,x substitut s th original pp ndix Aby d leliuo an inc n' ctly included mission SOUrce in Tabl A-1 and substituting one w 

# nlist din Tahle A-3 

### lor a diffi rentwell. This amendment decreases the number ofexisting emission sources from 19 to 18 arnd thereby, decreases thepenalty to $54 000 from $57000 as contemplated b paragraphE.l of 

### tb riginal Administrativ Complaint and on ot Agreement. In additi n th parties 

### fil d a

### J int Moti n t Withdraw Pr vi usly FiJ d M tion on ov mber21,2011. Till Motion 

### i GRANTED. ll1ecourthereby approves the Revised JointMotion to Amend to includethe Revised Appendix A and th modificationto paragraph**~.1** based onthe terms ofthe Complaint and

onsent Agreem nt 

### fat' good cause shown, pursuantto 40 

### .f.R. §§22.14(c) 22.l6(c) and 22.18(b)(2). The R spond nt i h r by ORD D to comply with 

### all oftbeterm' ftil Con ent Agreement, which was effective on Augu t 29 2011 by Final Order. d SO ORDERED THIS 

# a DAY OF**---+-:~M..l.~~_---=-** 2011 

# , ' 1
.

ffieerCERTIFICATE OF SERVICE

fhe undersigned certifies that the original of the attached ORDER ON REVISED JOINT MOTION TO AMEND ADMINISTRATIVE COMPLAINT AND CONSENT AGREEMENT n the maner of KODIAK OiL & GAS (USA), INC.; DOCKET NO.: CAA-08-2011-0020, was filed with the Regional Hearing Clerk on November 22, 2011. Further, the undersigned certifies that a true and correct copy ofthe document was delivered to Jim Eppers, Enforcement Attorney, U. S. EPA
- Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129. True and correct copies ofthe aforementioned documents were placed in the United States mail on November 22, 2011, to:


### 'Ulhlt:cl1 M. Osborn. Legal Counsel Kodiak 

### Oil & 

### Gas**Co~,.** 

### Legal Counsel 1625 Broadway. Suite 250 Denver. CO 

### 80202 And emalled to: Elizabeth Whitsel U. S. Environmental Protection Agency Cincinnati Finance Center 26 W. Martin luther King Drive (MS-0002) Cincinnati, Ohio 45268

November 22, 2011

.. ./ t 

## A 

# {2k :-<:? Tina Artemis Paralegal/Regional Hearing Clerk
132 STAT. 5172 PUBLIC LAW 115–389—DEC. 21, 2018 

LEGISLATIVE HISTORY—H.R. 7243: 

CONGRESSIONAL RECORD, Vol. 164 (2018): 

Dec. 11, considered and passed House. 

Dec. 19, considered and passed Senate. 

Æ 

Public Law 115–389 

115th Congress 

An Act 

To amend Public Law 115–217 to change the address of the postal facility designated 

by such Public Law in honor of Sergeant First Class Alwyn Crendall Cashe, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. AMENDMENT TO CHANGE ADDRESS OF POSTAL FACILITY 

DESIGNATED BY PUBLIC LAW 115-217. 

In section 1(a) of Public Law 115–217, strike ‘‘567 East Franklin 

Street’’ and insert ‘‘83 Geneva Drive’’. 

Approved December 21, 2018. 

Ante, p. 1546. 

Dec. 21, 2018 

[H.R. 7243] 


smartinez on DSK30VT082PROD with PUBLAWS
Mr. Dennis Mel .erran 

U.S. EP.\ Region 10 

Regional Administrator's Office, Rt\-140 

1200 Sixth Avenue, Suite 900 

Seattle, W t\ 98101 

Subject: SIP Submittal of fcc regulations and cross reference corrections in 18 \ \C 50 

Dear Mr. McLerran: 

This letter provides for your approval amendments to 18 AAC 50, Air Quality Control regulations, 

with an effective date of September 26, 2015. The Alaska Department of Environmental 

Conservation (DEC) is submitting the enclosed SIP revision for the following: 

• Revised permit administration and compliance fees in 18 r\t\C 50.400. 

• Corrected cross references to fee regulations in 18 AAC 50.230(c)(1)(I) and 18 .fu\C 

50.260(p). 

Please note that as a result of DEC repealing and readopting 18 AAC 50.400, subsections previously 

approved as part of the SIP have been relettered as follows: 

• Pre ious 18 ,\ AC 50.400(e) is now 18 AAC 50.400(d); 

• Previous 18 AAC 50.400(g) is now 18 AAC 50.400(e); 

• Previous 18 AAC 50.400(h) is now 18 AAC 50.400(f); 

• Previous 18 AAC 50.400(i) is now 18 AAC 50.400(g); 

• Previous 18 AAC 50.400G)(19) is now part of 18 AAC 50.400(h) but is not explicitly 

listed; 

• Previous 18 AAC 50.400G)(20) is now included in 18 AAC 50.400(g). 

ADEC requests EPA approval of the applicable parts of the submission found in 18 AAC 

50.230(c)(1)(1); 18 AAC 50.260(p); 18 AAC 50.400(d), (e) (f), (g), and (h). 

OJ ·:C will submit the following documents via th EPA's cSIPS system. If requested, we can 

provide one paper copy and one electronic version of the following documents to Kristin Hall of 

your staff (note that the electronic version would be an exact duplicate of the paper copy): 

1. Lt. Governor's certified Filing Certificate for Permanent Regulations, including Signed 

Adoption Order and Memorandum of Filed Permanent Regulations, signed on August 27, 

2015, with an effective date of regulations of September 26, 2015; 

2. Notice ofPublic Comment Period, signed May 21, 2015; 
8. r\ copy of the tracked regulation amendments prepared by the Department of Law for 

transmittal to the Lt. Governor for certification and filing, with Register 218, October 

2015, handwritten. 

Denise Koch is available to your staff to respond to questions or to otherwise assist. She can be 

reached at (907) 465-5109. As always, I would be pleased to discuss any of this with you. 

Larry Hartlg 

Commissioner 

cc: Jan [ Iastings, Office of Air, Waste, and Toxics, EP \ Region 10 

Kristin Hall, Office of Air, Waste, and Toxics, EP ;\ Region 10 

,\lice Edwards, Deputy Commissioner, DEC 

Denise Koch, Director, Division of, \ir Quality 

John Kuterbach, Program Manager, APP Program, DEC
#### GLASGOW COCA-COLA BOTTLING WORKS, Inc., Movant, v. Edwin REED, Opposed.

Court of Appeals of Kentucky.

April 21, 1950.

John E. Richardson and Uhel O. Barrickman for movant.

Wilson & Wilson opposed..

PER CURIAM.

Appeal denied. Judgment affirmed.
<PAGE>
                                                                   Exhibit 10.11

                        ASSIGNMENT OF MEMBERSHIP INTEREST


         This ASSIGNMENT OF MEMBERSHIP INTEREST is entered into effective as
of the 1st day of June, 2002, by and between DALTOR HOUSTON TITLE, INC., a Texas
corportation {"Assignor"), and ASHTON HOUSTON RESIDENTIAL, LLC., a Texas limited
liability company ("Assignee").

         WHEREAS, Assignor currently owns a forty-nine percent (49%) membership
interest {the "Membership Interest") in DOMINION TITLE, L.L.C., a Texas limited
liability company (the "Company");

         WHEREAS, Assignor desires to assign all of its right, title and
interest to the Membership Interest to Assignee;

         WHEREAS, Assignor and Assignee acknowledge and have represented to the
other Member of the Company that they are affiliated companies as set forth in
Section 1.2 of the Members' Agreement of the Company, dated June 7, 1999 (the
"Members' Agreement");

         WHEREAS, Assignee has consented to such assignment and has agreed to be
bound by the Regulations of the Company, dated June 7,1999 (the "Regulations"),
and the Members' Agreement; and,

         WHEREAS, all of the Members of the Company have consented to such
assignment and transfer of membership interest;

         NOW, THEREFORE, in consideration of the mutal benefits to be derived
by the parties herein, it is agreed as follows:

         1. Assignor hereby transfers, conveys and assigns all of its right,
title and interest in the Membership Interest to Assignee.

         2. Assignee hereby accepts such assignment.

         3. As additional consideration for the transfer of the Membership
Interest, Assignee hereby agrees to be bound by all of the provisions of the
Regulations and the Members' Agreement in all regards as of it had been an
original signatory thereof.

         EXECUTED effective as of the date first written above.

                                ASSIGNOR:

                                DALTOR HOUSTON TITLE, INC.


                                By: /s/ Robert L. Salomon
                                Name: Robert L. Salomon
                                Title: Authorized Representative

                                ASSIGNEE:

                                ASHTON HOUSTON RESIDENTIAL, L.L.C.

                                By: /s/ Robert L. Salomon
                                Name: Robert L. Salomon
                                Title: Authorized Representative

                                AGREED:

                                STEWART TITLE COMPANY


                                By: /s/ E.D. LESTER
                                Name: E.D. Lester
                                Title: ILLEGIBLE
                                Date: 10-1-02
§ 9.21 Record of exchange proceeding. ( a ) *Filing of record.* Within thirty days after service of the notice of appeal, the exchange must file two copies of the record of the exchange proceeding (as defined in § 9.2(i)) with the Proceedings Clerk, and serve a copy on the appellant and any other party to the proceeding, provided that such person has agreed to pay the exchange reasonable fees, as provided in the rules of the exchange, for printing the copy. The record must be bound as a unit, must be chronologically indexed and tabbed, must be certified as correct by a duly authorized official, agent or employee of the exchange, and must contain a certificate of service on the appellant or any other party to the proceeding (or waiver of service for failure to pay costs pursuant to this rule).
( b ) *Motion that the Commission not accept notice of appeal.* Within fifteen days after service of the notice of appeal, the exchange may file a motion that the Commission not accept a notice of appeal of any matter that the exchange contends is excluded from this part by §§ 9.1(b), 9.2(a) and 9.2(g). Such motion must be accompanied by an affidavit averring facts in support of the motion. The filing of such motion will operate to stay the filing of the record and subsequent submissions pending the Commission's ruling on such motion. The appellant may serve and file a written response to such motion within ten days after service of the motion.
#### H. E. R. Laboratories, Inc., Appellant, v. Morris Rosensweig et al., Defendants. Rudolph Allen, an Attorney, Respondent.

Order unanimously affirmed, with $20 costs and disbursements to the respondent. No opinion. Present — Dore, J. P., Cohn, Callahan, Breitel and Bergan, JJ. [See *post,*p. 865.]
#### § 39.40 Consistency with the Principles for Financial Market Infrastructures.

This subpart C is intended to establish standards which, together with subparts A and B of this part, are consistent with section 5b(c) of the Act and the Principles for Financial Market Infrastructures published by the Committee on Payment and Settlement Systems and the Board of the International Organization of Securities Commissions and should be interpreted in that context.
#### § 239.17c Form N-6, registration statement for separate accounts organized as unit investment trusts that offer variable life insurance policies.

Form N-6 shall be used for registration under the Securities Act of 1933 of securities of separate accounts that offer variable life insurance policies and that register under the Investment Company Act of 1940 as unit investment trusts. This form is also to be used for the registration statement of such separate accounts pursuant to section 8(b) of the Investment Company Act of 1940 (§ 274.11d of this chapter).

[67 FR 19870, Apr. 23, 2002]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form N-6, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL
OFFICER PURSUANT
TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002   Pursuant to 18  U.S.C.§1350,  as created by Section 906
of the  Sarbanes-Oxley Act of  2002,  the undersigned officer of
Sovereign Exploration Associates International, Inc. (The Company") hereby
certifies, to such officers knowledge, that:   (i) the accompanying Quarterly
Report on Form 10-QSB of the Company for the three months ended September 30,
2007 (the "Report") fully complies with the requirements of Section 13(a) or
Section 15(d), as applicable, of the Securities Exchange Act of 1934, as
amended; and   (ii) the information contained in
the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.   Date:
 November 12, 2007 /s/
Robert D. Baca  Robert
D. Baca   Chief
Executive Officer   Date:
 November 12, 2007 /s/
Martin Thorp Martin
Thorp Chief
Financial Officer
#### § 45.12 [Reserved]
IN THE

TENTH COURT OF APPEALS

No. 10-22-00343-CV

IN RE LISA JAMIESON

Original Proceeding

From the County Court at Law No. 2

Johnson County, Texas

Trial Court No. P200719377

MEMORANDUM OPINION

On October 24, 2022, Relator filed a Petition for Writ of Mandamus in this Court. 

On October 25, 2022, Relator filed a Motion for Emergency Stay asking this Court to stay 

the trial court’s November 2, 2022 trial setting, and this Court granted the motion. 

On November 10, 2022, Relator filed a motion to dismiss the Petition for Writ of 

Mandamus filed on October 24, 2022. Relator states that the parties have settled this 

matter. Dismissal of this Petition for Writ of Mandamus would not prevent a party from 

seeking relief to which it would otherwise be entitled. The motion is granted, and the 
In re Jamieson Page 2

Petition for Writ of Mandamus filed on October 24, 2022, is dismissed. This Court’s stay 

entered on October 25, 2022 is lifted.

STEVE SMITH

Justice

Before Chief Justice Gray,

Justice Johnson, and

Justice Smith

Motion granted; petition dismissed

Opinion delivered and filed November 22, 2022

[OT06]