alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Report of Independent Accountants

 

To the Board of Directors of 

The CIT Group/Equipment Financing, Inc:

 

We have examined management's assertion about The CIT Group/Equipment Financing, Inc.’s (the “Company’s”), a wholly owned subsidiary of CIT Group Inc., compliance with the minimum servicing standards identified in the Mortgage Bankers Association of America's *Uniform Single Attestation Program for Mortgage Bankers* ("USAP"), to the extent the procedures in such are applicable to the servicing obligations set forth in the Servicing Agreements, as of and for the year ended December 31, 2004, included in the accompanying management assertion (see Exhibit I) for CIT Equipment Collateral 2004-EF1.  Management is responsible for the Company’s compliance with those minimum servicing standards.  Our responsibility is to express an opinion on management's assertion about the Company’s compliance based on our examination.

 

Our examination was made in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about the Company's compliance with the minimum servicing standards and performing such other procedures as we considered necessary in the circumstances.  We believe that our examination provides a reasonable basis for our opinion.  Our examination does not provide a legal determination on the Company’s compliance with the minimum servicing standards. 

 

In our opinion, management's assertion that the Company complied with the aforementioned minimum servicing standards, to the extent the procedures in such are applicable to the servicing obligations set forth in the Servicing Agreements, as of and for the year ended December 31, 2004, is fairly stated, in all material respects.

 

/s/ PricewaterhouseCoopers LLP

 

March 30, 2005

 

 

 

----
#### Robert M. Weichert, Appellant, v. George A. Kirnie, Respondent.

—Order unanimously reversed and motion addressed to the County Court to open the defendant’s default denied, without prejudice to the making of a motion in the Police Justice Court; the transcript of the judgment filed with the County Clerk vacated, and all proceedings on the part of the plaintiff to enforce the judgment stayed pending the making and determination of such a motion, provided that it is made within 20 days after the entry of the order herein, all without costs. Memorandum: The circumstances plainly warranted the opening of the defendant’s default, but the motion to open the default should have been made in the Police Justice Court and not in the County Court *(Quackenbush*v. *Johnston,*249 App. Div. 452). However, the plaintiff should be stayed from taking any proceedings to enforce the judgment pending the making of a motion to open the default in the Police Justice Court. (Appeal by plaintiff from order of Special Term of Onondaga County Court granting motion of defendant to set aside a default judgment and granting leave to answer.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.
#### Michael Nolan, Appellant, v Carl W. Moeller, Jr., Respondent.

(Appeal No. 2.)

[833 NYS2d

Appeal from a judgment of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered May 19, 2006 in a personal injury action. The judgment, upon a jury verdict, awarded plaintiff the sum of $20,479.80.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs. Present—Martoche, J.E, Smith, Centra, Lunn and Feradotto, JJ.
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FIRE INNOVATIONS, LLC,

Plaintiff(s),

v.

RIT RESCUE & ESCAPE SYSTEMS,INC.,

Defendant(s).

)))))))))))

No. C09-1703 BZ

CONDITIONAL ORDER OF DISMISSAL

The parties to this matter having advised the Court that

they have agreed to a settlement, IT IS HEREBY ORDERED that

this action is DISMISSED WITH PREJUDICE and all scheduled

matters are VACATED; provided, however, that any party may,

within 30 days of the date of this Order, move the Court to

restore this matter to the calendar on the grounds that the

settlement has not been consummated.

Dated: July 8, 2010

     Bernard Zimmerman

United States Magistrate Judge

G:\BZALL\-BZCASES\FIRE INNOVATIONS V. RIT RESCUE\ORDER OF CONDITIONAL DISMISSAL.wpd

Case 3:09-cv-01703-BZ   Document 66   Filed 07/08/10   Page 1 of 1

    -       - Superintendent of Documents
      - 2018-03-09T14:30:50-0500
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ADAM BERGMAN, et al.,

Plaintiffs,

v.

THELEN LLP, et al.,

Defendants.

Case No. 08-cv-05322-SC 

ORDER REOPENING CASE

Re: Dkt. No. 68, 76

Plaintiffs in this matter have filed a Motion for Preliminary Approval of Class Settlement. 

The case is hereby reopened. The case will be reassigned according to General Order No. 44. 

The motion hearing date set before Judge Phyllis Hamilton is vacated. The plaintiffs are ordered 

to renotice the Motion for Preliminary Approval according to the Local Rules and the availability 

of the newly assigned judge.

IT IS SO ORDERED.

Dated: February 29, 2016

______________________________________

VINCE CHHABRIA

United States District Judge

Case 3:08-cv-05322-LB Document 77 Filed 02/29/16 Page 1 of 1
EXHIBIT 99.1

        AGGREGATE TOTALS FOR THE PERIOD JULY 9, 2003 TO DECEMBER 31, 2003



PRINCIPAL COLLECTIONS INFORMATION IN AUD (AND USD WHERE INDICATED)
AGGREGATED TO THE DATE OF THE LAST PAYMENT

Principal amount of each class of USD notes as at the first day after the
Payment date occurring during the collection period:
Class A2: USD583,779,240
Class B1: USD 25,000,000

Aggregate coupon interest paid to noteholders of each class of notes
Class A2: USD 3,909,840
Class B1: USD 225,354

Aggregate of Principal payments made in respect to each class of notes:
Class A2: USD 51,976,635
Class B1: USD 0

Aggregate Mortgage Principal Repayments received for the period:
Scheduled                   AUD 5,700,952
Unscheduled                 AUD 124,231,687

Aggregate of all redraws on housing loans:
AUD 47,458,189

Aggregate of outstanding balance of housing loans at the end of the period:
AUD 1,116,367,308

Aggregate Income of the trust for the period:        AUD 36,215,951
Aggregate Expenses of the trust for the period:      AUD 31,835,098

Interest rates for the period:

Class A2 Notes(average):   1.4050%
Class B1: Notes (average) 1.9050%

Delinquency and loss statistics with respect to the housing loans:

Loss:                 Nil
Delinquency:          0-29 days        1.88%
                      30 -59 days      0.42%
                      60+ days         0.22%
* Pursuant to 5 TH C IR . R. 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-31069 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus LEHMAN K. LUNDY, Defendant-Appellant.

No. 96-31263

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus KERRY CUREAUX, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC Nos. 96-CV-321 M & 96-CV-1455

- - - - - - - - - - June 25, 1999 Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM: *No. 96-31069 No. 96-31263 -2- Lehman K. Lundy, federal prisoner # 21853-034, and Kerry Cureaux, federal prisoner # 21855-034, appeal the denial of their

motions to vacate, set aside, or correct their sentences, filed pursuant to 28 U.S.C. § 2255. They argue that the evidence is not sufficient to support the their convictions under 18 U.S.C. § 924(c) for using and carrying firearms. The district court’s erroneous “use” instruction was harmless because the jury found beyond a reasonable doubt the facts necessary to support a conviction for “carrying.” See United States v. Brown , 161 F.3d 256 (5th Cir. 1998); United States v. Acosta , 763 F.2d 671, 681 (5th Cir. 1985); United States v. Hall , 110 F.3d 1155, 1161 (5th Cir. 1997). The district court’s denial of their § 2255 motions is AFFIRMED. Appellant Cureaux’s motion for release pending this appeal is DENIED. See Calley v. Callaway , 496 F.2d 701, 702 (5th Cir. 1974).
### §2429. Records; audits

#### (a) In general

A recipient of a loan guarantee shall keep such records and other pertinent documents as the Secretary shall prescribe by regulation, including such records as the Secretary may require to facilitate an effective audit.

#### (b) Access

The Secretary and the Comptroller General of the United States, or their duly authorized representatives, shall have access, for the purpose of audit, to the records and other pertinent documents.

(Pub. L. 109–451, title II, §210, Dec. 22, 2006, 120 Stat. 3360.)
### §617s. Recognition of rights of Mexico to Colorado River waters

Nothing in this subchapter shall be construed as a denial or recognition of any rights, if any, in Mexico to the use of the waters of the Colorado River system.

(Dec. 21, 1928, ch. 42, §20, 45 Stat. 1066.)
### §1316. Fish and Wildlife Service: report of the Director

In addition to the usual number of the report of the Director of the Fish and Wildlife Service, eight thousand copies shall be printed: two thousand for the Senate, four thousand for the House of Representatives, and two thousand for distribution by the Service.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1268.)

#### Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §259 (Jan. 12, 1895, ch. 23, §73, 28 Stat. 614; 1940 Reorg. Plan No. III, §3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232).

#### **Executive Documents**

#### Transfer of Functions

Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, §3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by United States Fish and Wildlife Service established by act Aug. 8, 1956, ch. 1036, §3, 70 Stat. 1119. See section 742b of Title 16, Conservation.
### §957. Right of way to electric power companies

The Secretary of the Interior is authorized and empowered, under general regulations to be fixed by him, to permit the use of right of way to the extent of twenty-five feet, together with the use of necessary ground, not exceeding forty acres, upon the public lands and national forests of the United States by any citizen or association of citizens of the United States for the purposes of generating, manufacturing, or distributing electric power.

(Jan. 21, 1895, ch. 37, §2, as added May 14, 1896, ch. 179, 29 Stat. 120; amended Mar. 4, 1907, ch. 2907, 34 Stat. 1269.)

#### **Editorial Notes**

#### Codification

The words "national forests" substituted in text for "forest reservations" pursuant to act Mar. 4, 1907, which changed the designation of forest reserves to national forests.

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

#### Repeal; Savings Provision

Section repealed by Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
EXHIBIT 31

CERTIFICATION

I, Nazzareno E. Paciotti, certify that:

1. I have reviewed this report on Form 10-QSB of GVI Security Solutions, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
small business issuer and have:

a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under my supervision, to ensure that
material information relating to the small business issuer, including its
consolidated subsidiaries, is made known to me by others within those entities,
particularly during the period in which this report is being prepared;

b) Evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this report my conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

c) Disclosed in this report any change in the small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

5. I have disclosed, based on my most recent evaluation of internal control over
financial reporting, to the small business issuer's auditors and the audit
committee of small business issuer's board of directors (or persons performing
the equivalent function):

a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer's ability to record,
process, summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuer's internal
control over financial reporting.


Date:  August 23, 2004              By:  /s/ Nazzareno E. Paciotti
                                    ------------------------------------
                                    Nazzareno E. Paciotti
                                    Chief Executive Officer
                                    Chief Financial Officer
Exhibit 31.2
 Certification of Principal Financial and Accounting Officer
Pursuant to Section 302 Of The Sarbanes-Oxley Act of 2002
      a.
    
    designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;b.
    
    designed such internal control over financial reporting, or caused such internal control
over financial reporting to be designed under our supervision, to provide reasonable
assurance regarding the reliability of financial reporting and the preparation of financial
statements for external purposes in accordance with generally accepted accounting
principles;c.
    
    evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such evaluation;
andd.
    
    disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the registrants
fourth fiscal quarter in the case of an Annual Report) that has materially affected, or is
reasonable likely to materially affect, the registrants internal control over financial
reporting; and
  a.
    
    all significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonable likely to adversely affect
the registrants ability to record, process, summarize and report financial information; andb.
    
    any fraud, whether or not material, that involves management or other employees who have
a significant role in the registrants internal control over financial reporting.
  By:
    /s/ JAMES A. CALDERJames A. CalderChief Financial Officer
Exhibit 10.15

AMENDMENT NO. 1 TO

JER INVESTORS TRUST INC.

NONQUALIFIED STOCK OPTION AND INCENTIVE AWARD PLAN

(MANAGER ONLY)

THIS AMENDMENT NO.1 to the JER Investors Trust Inc. Nonqualified Stock Option and
Incentive Award Plan (Manager Only) (the Plan) is made effective as of December 16, 2008. Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Plan.

WHEREAS, JER Investors Trust Inc. (the Company) adopted that Plan on May 30, 2007;

WHEREAS, the Company has determined that the Plan should be amended to ensure that it and awards granted thereunder are exempt from, or comply with,
Section 409A of the Internal Revenue Code of 1986, as amended;

NOW, THEREFORE, the Plan is amended as follows:



| | 1. | The Plan is amended by inserting the following as a new Section 10.6:
| | -- | ---------------------------------------------------------------------

10.6 Section 409A. Notwithstanding any provision of the Plan, to the extent that any Award would be subject to
Section 409A, no such Award may be granted if it would fail to comply with the requirements set forth in Section 409A. To the extent that the Committee determines that the Plan or any Award is subject to Section 409A and fails to
comply with the requirements of Section 409A, notwithstanding anything to the contrary contained in the Plan or in any Award Agreement, the Committee reserves the right to amend or terminate the Plan and/or amend, restructure, terminate or
replace the Award, without the consent of the Participant, to cause the Award to either not be subject to Section 409A or to comply with applicable provisions of such section. In addition, for each Award subject to Section 409A, a
termination of employment or service with the Company shall be deemed to have occurred under the Plan with respect to such Award on the first day on which the Participant has experienced a separation from service within the meaning of
Section 409A.

Except as amended hereby, the Plan shall remain in full force and effect.

(signature page follows)



---

IN WITHNESS WHEREOF, the authorized representative of the Company has executed this Amendment No. 1
to the Plan, effective as of the Effective Date.



JER INVESTORS TRUST INC.By:

/s/ Mark S. WeissName:

Mark S. WeissTitle:

President
<PAGE>


                                                                    Exhibit 10.3

                                 AMENDMENT NO. 8
                                     TO THE
                                TIME WARNER INC.
                           DEFERRED COMPENSATION PLAN

1.   Section 5.4(b) is amended by adding the following sentence at the end
     thereof:

                  Notwithstanding the prior sentences of this subsection (b),
                  distribution of any in-service payment (whether or not there
                  has been a prior redeferral) may be deferred pursuant to an
                  employment contract or separation agreement which provides
                  that payment of the deferral shall be made on account of
                  retirement, in which case it shall be distributed in
                  accordance with the provisions of section 5.1.
#### § 220.802 Final insurance endorsement.

When all advances of loan proceeds have been made, and all the terms and conditions of the commitment have been complied with to the satisfaction of the Commissioner, he shall indicate on the original credit instrument the total of advances he has approved for insurance and again endorse such instrument.
### §§1041 to 1048. Repealed. Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789

Section 1041, act Jan. 17, 1920, ch. 47, §1, 41 Stat. 392, subjected lands in Arkansas to State laws relating to organization, government, and regulation of drainage districts.

Section 1042, acts Jan. 17, 1920, ch. 47, §2, 41 Stat. 392; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized construction and maintenance of canals, ditches, etc.

Section 1043, acts Jan. 17, 1920, ch. 47, §3, 41 Stat. 393; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to legally assessed liens against unentered public lands.

Section 1044, acts Jan. 17, 1920, ch. 47, §4, 41 Stat. 393; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to excess of price of lands sold to enforce liens of assessment.

Section 1045, acts Jan. 17, 1920, ch. 47, §5, 41 Stat. 393; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to procedure for issuance of patents to purchasers of unentered lands.

Section 1046, acts Jan. 17, 1920, ch. 47, §6, 41 Stat. 393; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to procedure for issuance of patents to purchasers of entered lands.

Section 1047, acts Jan. 17, 1920, ch. 47, §7, 41 Stat. 394; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, required all notices under drainage laws to be supplied to land offices and entrymen.

Section 1048, act Jan. 17, 1920, ch. 47, §8, 41 Stat. 394, provided for nonapplicability of provisions to lands involved in suits by United States to quiet title.

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

#### Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976.

#### Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
### §7381p. Repealed. Pub. L. 111–358, title IX, §901(a), Jan. 4, 2011, 124 Stat. 4044

Section, Pub. L. 101–510, div. C, title XXXI, §3191, as added Pub. L. 110–69, title V, §5003(d)(3), Aug. 9, 2007, 121 Stat. 611, related to national energy education development.
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 filing of this Amendment No. 1 to the Annual Report (the "Report") of Rand Logistics, Inc. (the "Company") on Form 10-K/A for the period ended March 31, 2013 with the Securities and Exchange Commission, the undersigned, in the capacity and on the date indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:




1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and




2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: July 29, 2013/s/ Joseph W. McHugh, Jr.Joseph W. McHugh, Jr.Chief Financial Officer