alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CERTIFICATE OF AMENDMENT
                                     TO THE
                AMENDED AND RESTATED CERTIFICATE OF INCORPORATION
                                       OF
                              METRIS COMPANIES INC.
                              ---------------------


                             Pursuant to Section 242
                         of the General Corporation Law
                            of the State of Delaware
                            ------------------------

     Pursuant to Section 242 of the General Corporation Law of the State of
Delaware, Metris Companies Inc., a Delaware corporation (the "Corporation"),
DOES HEREBY CERTIFY:

     1. That Section 1 of Article IV of the Corporation's Amended and Restated
Certificate of Incorporation (the "Certificate") is hereby amended to read in
its entirety as follows:

     SECTION 1. Number of Shares. The total number of shares of all classes of
          stock which the Corporation shall have authority to issue is
          310,000,000 shares, consisting of 300,000,000 shares of Common Stock
          with par value $.01 per share ("Common Stock"), and 10,000,000 shares
          of Preferred Stock with par value $.01 per share ("Preferred Stock").

     2. That, in accordance with Section 242(b) of the General Corporation Law
of the State of Delaware, the Board of Directors of the Corporation has duly
adopted a resolution approving the foregoing amendment to the Certificate (the
"Amendment") and directing that the Amendment be submitted to the holders of the
outstanding capital stock of the Corporation entitled to vote thereon for its
consideration and approval.

     3. That, in accordance with Section 242(b) of the General Corporation Law
of the State of Delaware, the Amendment has been duly approved by the
affirmative vote of the holders of a majority of the outstanding capital stock
of the Corporation entitled to vote thereon.

     IN WITNESS WHEREOF, the Corporation has caused this Certificate of
Amendment to be duly executed and acknowledged this 19th day of September, 2000.

                                                METRIS COMPANIES INC.

                                                By: /s/ Lorraine E. Waller
                                                --------------------------
                                                    Lorraine E. Waller
                                                    Secretary
#### § 230.08 Event of Default; Application for Compensation; payment.

At any time after an Event of Default, as this term is defined in an Eligible Note, any Noteholder hereunder, or the Fiscal Agent on behalf of a Noteholder hereunder, may file with USAID an Application for Compensation in the form provided in Appendix A to this part. USAID shall pay or cause to be paid to any such Applicant any compensation specified in such Application for Compensation that is due to the Applicant pursuant to the Guarantee as a Loss of Investment not later than three (3) Business Days after the Date of Application. In the event that USAID receives any other notice of an Event of Default, USAID may pay any compensation that is due to any Noteholder pursuant to a Guarantee, whether or not such Noteholder has filed with USAID an Application for Compensation in respect of such amount.
§ 224.28 Motions. ( a ) Any application to the ALJ for an order or ruling shall be by motion. Motions shall state the relief sought, the authority relied upon, and the facts alleged, and shall be filed with the ALJ and served on all other parties.
( b ) Except for motions made during a prehearing conference or at the hearing, all motions shall be in writing. The ALJ may require that oral motions be reduced to writing.
( c ) Within 15 days after a written motion is served, or such other times as may be fixed by the ALJ, any party may file a response to such motion.
( d ) The ALJ may not grant a written motion before the time for filing responses thereto has expired, except upon consent of the parties or following a hearing on the motion, but may overrule or deny such motion without awaiting a response.
( e ) The ALJ shall make a reasonable effort to dispose of all outstanding motions prior to the beginning of the hearing.
#### The People of the State of New York, Respondent, v. Dominick J. Dalto, Appellant.

Motion for leave to appeal as a poor person will be treated as a motion to dispense with printing. Motion granted. The appeal will be heard on the original papers (including the typed minutes) and on a typewritten brief. The appellant is directed to file five copies of his brief and to serve one copy on the District Attorney. Motion for enlargement of time granted. The appellant’s time to perfect the appeal is enlarged to the November 1960 Term; appeal ordered to be placed on the calendar for November 7, 1960. Motion for assignment of counsel granted. Alan Manning Miller, Esq., 71 North Main Street, Freeport, New York, is assigned as counsel to prosecute the appeal. Beldock, Acting P. J., Christ, Pette and Brennan, JJ., concur.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-1451

GLEN BOYD,

Plaintiff - Appellant,

versus

MICHAEL HOLLAND, Trustee, 1974 Pension Plan,

UMWA; MARTY HUDSON, Trustee, 1974 Pension

Plan, UMWA; ELLIOTT SEGAL, Trustee, 1974

Pension Plan, UMWA; PAUL R. DEAN,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. Glen M. Williams, Senior

District Judge. (CA-94-264-B)

Submitted: March 13, 1997 Decided: March 18, 1997

Before HALL, ERVIN, and WILKINS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Glen Boyd, Appellant Pro Se. Glenda Sullivan Finch, Matilda Ann

Brodnax, UNITED MINE WORKERS OF AMERICA, Washington, D.C., for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order dismissing his

action challenging the final decision of the Trustees of the United

Mine Workers of America denying his claim for pension benefits. We

have reviewed the record and the district court's opinion and find

no reversible error. Accordingly, we affirm on the reasoning of the

district court. Boyd v. Holland, No. CA-94-264-B (W.D. Va. Apr. 1,

1996). 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.

AFFIRMED
### §2433. Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subchapter, to remain available until expended.

(Pub. L. 109–451, title II, §214, Dec. 22, 2006, 120 Stat. 3361.)
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STIPULATION AND [PROPOSED] ORDER

RESETTING STATUS CONFERENCE

DATE[CR 09-1001 MMC]

JOSEPH P. RUSSONIELLO (CSBN 44332)

United States Attorney

BRIAN J. STRETCH (CSBN 163973)

Chief, Criminal Division

DAVID J. WARD (CSBN 239504)

Special Assistant United States Attorney

450 Golden Gate Avenue, 11 Floor th

San Francisco, California 94102

Telephone: (415) 436-7129

Facsimile: (415) 436-7234

E-mail: david.ward2@usdoj.gov

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

DAVID CHAN and

KENT WU,

Defendants.

)

)

)

)

)

)

)

)

)

)

)

)

No. CR 09-1001 MMC

STIPULATION AND [PROPOSED]

ORDER VACATING AND RESETTING

STATUS CONFERENCE DATE

The parties to this matter are scheduled to appear before this Court on January 27, 2010,

for a status conference. The parties respectfully request that the Court vacate the status

conference set for January 27, 2010, and order the parties to appear before this Court on February

24, 2010, at 2:30 for a status hearing in order to give defense counsel additional time to review

discovery and prepare for trial.

The parties respectfully request that the Court exclude time between January 27, 2010 and

February 24, 2010 under 18 U.S.C. §3161(h)(7)(B)(iv) for effective preparation of counsel.

//

//

Case 3:09-cr-01001-MMC Document 32 Filed 01/25/10 Page 1 of 2
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STIPULATION AND [PROPOSED] ORDER

RESETTING STATUS CONFERENCE

DATE[CR 09-1001 MMC] -2-

SO STIPULATED:

DATED: January 22, 2010 _____/s/________________________

BRIAN GETZ

Attorney for Defendant Kent Wu

JOSEPH P. RUSSONIELLO

United States Attorney

DATED: January 22, 2010 ________/s/_____________________

DAVID J. WARD

Special Assistant United States Attorney

Based on the foregoing, the Court finds good cause to vacate the status conference set for

January 27, 2010, and orders the parties to appear on February 24, 2010 at 2:30 p.m. Time

between January 27, 2010 and February 24, 2010, is hereby excluded under 18 U.S.C.

3161(h)(7)(B)(iv).

IT IS SO ORDERED.

DATED: _______________________________

MAXINE M. CHESNEY

United States District Judge

January 25, 2010

Case 3:09-cr-01001-MMC Document 32 Filed 01/25/10 Page 2 of 2
#### § 1421.14 Bargaining unit.

*Bargaining unit* has the meaning as set forth in 22 U.S.C. 4112 for the purpose of exclusive recognition under 22 U.S.C. 4111, and for purposes of allotments to representatives under 22 U.S.C. 4118.
**EXHIBIT
      99.5**











**CONSENT
      OF
      INDEPENDENT ENGINEERS**





We
      hereby consent
      to the use of and reference to our name and our reports, and the inclusion
      of
      information derived from our reports, evaluating Vermilion Energy Trust's
      petroleum and natural gas reserves as at December 31, 2006, in this Annual
      Report on Form 40-F of Vermilion Energy Trust.





Yours
      very
      truly,





** ***(“GLJ
      Petroleum Consultants Ltd.”)***





GLJ
      Petroleum
      Consultants Ltd.


4100,
      400 - 3rd
      Avenue S.W.,


Calgary,
      Alberta,
      Canada T2P 4H2


(403)
      266-9500 Fax
      (403) 262-1855





February
      27,
      2007
<TABLE> <S> <C>
                                              
<ARTICLE>                                          5
                                                    
<S>                                                  <C>
<PERIOD-TYPE>                                      9-Mos
<FISCAL-YEAR-END>                                  JUN-28-1998
<PERIOD-START>                                     JUN-30-1997
<PERIOD-END>                                       MAR-29-1998
<CASH>                                                   9,231
<SECURITIES>                                                 0
<RECEIVABLES>                                          351,612
<ALLOWANCES>                                            (4,771)
<INVENTORY>                                            168,084
<CURRENT-ASSETS>                                       575,438
<PP&E>                                                  99,541
<DEPRECIATION>                                         (45,871)
<TOTAL-ASSETS>                                         673,389
<CURRENT-LIABILITIES>                                  638,063
<BONDS>                                                      0
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                                  0
<COMMON>                                                     3
<OTHER-SE>                                             (19,315)
<TOTAL-LIABILITY-AND-EQUITY>                           673,389
<SALES>                                              1,523,963
<TOTAL-REVENUES>                                     1,855,053
<CGS>                                                1,366,067
<TOTAL-COSTS>                                        1,620,191
<OTHER-EXPENSES>                                       189,133
<LOSS-PROVISION>                                             0
<INTEREST-EXPENSE>                                      27,698
<INCOME-PRETAX>                                         18,031
<INCOME-TAX>                                                12
<INCOME-CONTINUING>                                     18,019
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                            18,019
<EPS-PRIMARY>                                             0.56
<EPS-DILUTED>                                             0.53
        
 

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          34,815
<SECURITIES>                                         0
<RECEIVABLES>                                    9,099
<ALLOWANCES>                                         0
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<CURRENT-ASSETS>                               101,210
<PP&E>                                          18,823
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<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<SALES>                                              0
<TOTAL-REVENUES>                                44,453
<CGS>                                                0
<TOTAL-COSTS>                                   43,164
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  1,289
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              1,289
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                      (3,367)
<NET-INCOME>                                   (2,078)
<EPS-PRIMARY>                                   (0.14)
<EPS-DILUTED>                                   (0.12)
        

</TABLE>
§ 242.26 Agreed interest rate. ( a ) The mortgage shall bear interest at the rate or rates agreed upon by the mortgagee and the mortgagor.
( b ) The amount of any increase approved by HUD in the mortgage amount between initial and final endorsement in excess of the amount that HUD had committed to insure at initial endorsement shall bear interest at the rate agreed upon by the mortgagee and the mortgagor.
#### The People of the State of New York, Respondent, v. William Battle, Appellant.

Motion by appellant to dispense with printing and for assignment of counsel. Motion denied. It appears that the notice of appeal was not timely served. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.
f8k090810ex10iii_yesdtc.htm


Exhibit 10.3




PROMISSORY NOTE


 


 



	
AMOUNT:  $ 35,000.00

	
DATE: September 15, 2010







 


For value received, the terms of this Promissory Note (the “Note”) dictate that YesDTC, Inc. (the “Borrower”) promises to pay to the order of Joseph Noel (the “Lender”), maintaining an address at 300 Beale Street, Suite 613, San Francisco, CA 94105 (the Lender’s address), the principal sum of Thirty-Five Thousand Dollars ($_____$35,000.00__________) in U.S. currency (the “Principal Amount”).


 


Use of Proceeds:  Proceeds from the value received of this Note shall be used by the Borrower for general corporate purposes.


 


Interest:  Interest on the Principal Amount shall be equal to 10.0% per annum.  This amount shall be determined on a pro rata basis for any monthly or fractional basis thereof.  Interest is not compoundable and may be paid monthly or in full at the end of the Borrowing Period.


 


Terms of Repayment:  The entire Principal Amount shall be fully paid by the Borrower to the Lender on or before December 15, 2010 or within ninety days (90 days) from the date of this Note (the “Borrowing Period”).


 


All or any part of the Principal may be prepaid at any time and from time to time without penalty.


 


 


This Promissory Note between the Borrower and Lender is signed and dated as per below.



 



	 /s/ Joseph Noel	 	 9-15-10
	 The Borrower 	 	 Date:
	 	 	 
	 /s/ Joseph Noel	 	 9-15-2010
	 The Lender   	 	 Date:
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A18A1889. BOBBY JO ALEXANDER-LISTER v. U.S. BANK, NATIONAL

ASSOCIATION.

This case began as a dispossessory proceeding in magistrate court. After the

magistrate court issued a writ of possession in favor of the plaintiff, the defendant

Bobby Jo Alexander-Lister appealed to the superior court. On March 14, 2018, the

superior court also issued a writ of possession in favor of the plaintiff. AlexanderLister then filed this direct appeal on April 12, 2018. We lack jurisdiction for two

reasons.

First, “appeals from decisions of the superior courts reviewing decisions of

lower courts by certiorari or de novo proceedings shall be by application for

discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333)

(2003);see also OCGA § 5-6-35 (a) (1). Because Alexander-Lister did not follow the

proper procedure for requesting appellate review in this case, we lack jurisdiction.

Second, although a notice of appeal generally may be filed within 30 days of

entry of the order sought to be appealed, appeals from judgments in dispossessory

actions must be filed within 7 days of the date the judgment was entered. OCGA §

44-7-56; Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga. App. 334, 335-

336 (715 SE2d 752) (2011). Here, Alexander-Lister filed the notice of appeal 29

days after entry of the superior court’s order, and therefore this appeal is untimely. 

July 11, 2018
Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

07/11/2018
### §9859a. Authorization of appropriations

There are authorized to be appropriated to carry out this subchapter $200,000,000 for fiscal year 2001, and such sums as may be necessary for each subsequent fiscal year.

(Pub. L. 106–310, div. A, title XIV, §1402, Oct. 17, 2000, 114 Stat. 1143.)
### §6372b. Preliminary energy audits and energy audits

#### (a) Application by Governor

The Governor of any State may apply to the Secretary at such time as the Secretary may specify after promulgation of the guidelines under section 6372a(a) of this title for grants to conduct preliminary energy audits of buildings owned by units of local government and public care institutions in such State under this part.

#### (b) Grants for conduct of preliminary energy audits

Upon application under subsection (a), the Secretary may make grants to States to assist in conducting preliminary energy audits under this part for buildings owned by units of local government and public care institutions. Such audits shall be conducted in accordance with the guidelines prescribed under section 6372a(a)(1) of this title.

#### (c) Application by Governor, unit of local government or public care institution

The Governor of any State, unit of local government or public care institution may apply to the Secretary at such time as the Secretary may specify after promulgation of the guidelines under section 6372a(a) of this title for grants to conduct energy audits of buildings owned by units of local government and public care institutions in such State under this part.

#### (d) Grants for conduct of energy audits

Upon application under subsection (c) the Secretary may make grants to States, units of local government, and public care institutions for purposes of conducting energy audits of facilities under this part in accordance with the guidelines prescribed under section 6372a(a)(2) of this title.

#### (e) Audits conducted prior to grant of financial assistance

If a State, unit of local government, or public care institution, without the use of financial assistance under this section, conducts preliminary energy audits or energy audits which comply with the guidelines prescribed by the Secretary or which are approved by the Secretary, the funds allocated for purposes of this section shall be added to the funds available for technical assistance programs for such State, and shall be in addition to amounts otherwise available for such purpose.

#### (f) Restriction on use of funds

Amounts made available under this section (together with any other amounts made available from other Federal sources) may not be used to pay more than 50 percent of the costs of any preliminary energy audit or energy audit.

(Pub. L. 94–163, title III, §400C, as added Pub. L. 95–619, title III, §311(a), Nov. 9, 1978, 92 Stat. 3250.)