alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                    EXHIBIT 4.59

                                            November 1, 2002

EpicEdge, Inc.
5508 Hwy. 290 West
Suite 300
Austin, Texas 78735
Attention: Richard Carter

      Re:   Warrant to be Issued Pursuant to Substitute Convertible Secured
            Promissory Note

Dear Richard:

      Reference is hereby made to (a) that certain Substitute Convertible
Promissory Note dated October __, 2002 in the original principal amount of
$2,850,000 issued by EpicEdge, Inc. (the "Company") in favor of Edgewater
Private Equity Fund III, L.P. ("Edgewater"), which was issued in connection with
the funding by Edgewater of an additional $250,000 (the "Initial 250") to the
Company; and (b) that certain Substitute Convertible Secured Promissory Note of
even date herewith in the original principal amount of $3,100,000 issued by the
Company in favor of Edgewater, which was issued in connection with the funding
by Edgewater of an additional $250,000 (together with the Initial 250, the
"Additional Loans") to the Company.

      Whereas, a condition subsequent to and as partial consideration for the
funding of the Additional Loans, the Company has agreed to issue to Edgewater a
Warrant to purchase shares of Series B-1 Preferred Stock having a face value of
$1,000,000 on terms mutually agreeable to Edgewater and the Company (the
"Warrant"). The Company hereby agrees and acknowledges that it shall issue the
Warrant to Edgewater upon the consummation of the Series B-1 Preferred Stock
debt/equity financing as consideration for the Additional Loans.

      If the foregoing satisfactorily reflects your understanding of the subject
matter contained herein, please confirm by dating and executing this letter in
the space provided below.

                                              Very truly yours,

                                         Edgewater Private Equity Fund III, L.P.

                                         By:  Edgewater III Management, L.P.
                                         Its: General Partner

                                         By:  Gordon Management, Inc.
                                         Its: General Partner


                                         By:  /s/ Mark McManigal
                                             -----------------------------------
                                         Its: VP
                                             -----------------------------------

AGREED AND ACCEPTED AS OF THE 1st DAY OF
NOVEMBER, 2002

EPICEDGE, INC.


By: /s/ Richard Carter
   -------------------------------------
Name: Richard K. Carter
      ----------------------------------
Its: President and CEO
    ------------------------------------
§ 56.4430 Storage facilities. ( a ) Storage tanks for flammable or combustible liquids shall be— ( 1 ) Capable of withstanding working pressures and stresses and compatible with the type of liquid stored;
( 2 ) Maintained in a manner that prevents leakage;
( 3 ) Isolated or separated from ignition sources to prevent fire or explosion; and
( 4 ) Vented or otherwise constructed to prevent development of pressure or vacuum as a result of filling, emptying, or atmospheric temperature changes. Vents for storage of Class I, II, or IIIA liquids shall be isolated or separated from ignition sources. These pressure relief requirements do not apply to tanks used for storage of Class IIIB liquids that are larger than 12,000 gallons in capacity.
( b ) All piping, valves, and fittings shall be— ( 1 ) Capable of withstanding working pressures and stresses;
( 2 ) Compatible with the type of liquid stored; and
( 3 ) Maintained in a manner that prevents leakage.
( c ) Fixed, unburied tanks located where escaping liquid could present a hazard to persons shall be provided with— ( 1 ) Containment for the entire capacity of the largest tank; or
( 2 ) Drainage of a remote impoundment area that does not endanger persons. However, storage of only Class IIIB liquids does not require containment or drainage to remote impoundment.
#### § 19.2 [Reserved]
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          28,740
<INT-BEARING-DEPOSITS>                           3,003
<FED-FUNDS-SOLD>                                11,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     76,482
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        470,418
<ALLOWANCE>                                      3,587
<TOTAL-ASSETS>                                 615,940
<DEPOSITS>                                     508,434
<SHORT-TERM>                                    22,422
<LIABILITIES-OTHER>                              4,958
<LONG-TERM>                                     19,530
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,568
<OTHER-SE>                                      56,028
<TOTAL-LIABILITIES-AND-EQUITY>                 615,940
<INTEREST-LOAN>                                 37,610
<INTEREST-INVEST>                                4,384
<INTEREST-OTHER>                                 1,024
<INTEREST-TOTAL>                                43,018
<INTEREST-DEPOSIT>                              16,121
<INTEREST-EXPENSE>                              19,065
<INTEREST-INCOME-NET>                           23,953
<LOAN-LOSSES>                                    1,142
<SECURITIES-GAINS>                                 716
<EXPENSE-OTHER>                                 21,083
<INCOME-PRETAX>                                 11,634
<INCOME-PRE-EXTRAORDINARY>                       7,775
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,775
<EPS-PRIMARY>                                     1.71
<EPS-DILUTED>                                     1.67
<YIELD-ACTUAL>                                    4.91
<LOANS-NON>                                      1,237
<LOANS-PAST>                                       206
<LOANS-TROUBLED>                                   147
<LOANS-PROBLEM>                                    946
<ALLOWANCE-OPEN>                                 3,497
<CHARGE-OFFS>                                    1,161
<RECOVERIES>                                       109
<ALLOWANCE-CLOSE>                                3,587
<ALLOWANCE-DOMESTIC>                             3,587
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                             15
        

</TABLE>
Appeal No. 75-22.

#### Lucindo Carvalho *v.*Decorative Fabrics Co.

*Abedon, Stanzler, Biener, Skolnik & Lipsey, Howard I. Lipsey,*for plaintiff.

*Charles H. Anderson,*for defendant.

Motion for a counsel fee pursuant to G.L. 1956, §28-35-32, as amended, is granted, and petitioner is awarded a oounsel fee in the amount of $1000 for services rendered before this court.
§ 56.9200 Transporting persons. Persons shall not be transported— ( a ) In or on dippers, forks, clamshells, or buckets except shaft buckets during shaft-sinking operations or during inspection, maintenance and repair of shafts.
( b ) In beds of mobile equipment or railcars, unless— ( 1 ) Provisions are made for secure travel, and
( 2 ) Means are taken to prevent accidental unloading if the equipment is provided with unloading devices;
( c ) On top of loads in mobile equipment;
( d ) Outside cabs, equipment operators' stations, and beds of mobile equipment, except when necessary for maintenance, testing, or training purposes, and provisions are made for secure travel. This provision does not apply to rail equipment.
( e ) Between cars of trains, on the leading end of trains, on the leading end of a single railcar, or in other locations on trains that expose persons to hazards from train movement. ( 1 ) This paragraph does not apply to car droppers if they are secured with safety belts and lines which prevent them from falling off the work platform.
( 2 ) Brakemen and trainmen are prohibited from riding between cars of moving trains, but may ride on the leading end of trains or other locations when necessary to perform their duties;
( f ) To and from work areas in overcrowded mobile equipment;
( g ) In mobile equipment with materials or equipment unless the items are secured or are small and can be carried safely by hand without creating a hazard to persons; or
( h ) On conveyors unless the conveyors are designed to provide for their safe transportation.
**Exhibit32.3**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350**

 

The undersigned hereby certifies that theForm 10-Q Quarterly Report of Eldorado Resorts LLC and Eldorado Capital Corp.(collectively, the “Company”) for the quarterly period ended June 30, 2003filed with the Securities and Exchange Commission (the “Report”) fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934 and that the information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of theCompany.

 

 
| Dated: August 12, 2003 |   | By:    | /s/ Gene R. Carano                                                 |   |
|------------------------|--------|--------|--------------------------------------------------------------------|--------|
|                   |   |   | Gene R. Carano, Chief Financial Officer  of Eldorado Capital Corp. |

 

----
§ 57.14211 Blocking equipment in a raised position. ( a ) Persons shall not work on top of, under, or work from mobile equipment in a raised position until the equipment has been blocked or mechanically secured to prevent it from rolling or falling accidentally.
( b ) Persons shall not work on top of, under, or work from a raised component of mobile equipment until the component has been blocked or mechanically secured to prevent accidental lowering. The equipment must also be blocked or secured to prevent rolling.
( c ) A raised component must be secured to prevent accidental lowering when persons are working on or around mobile equipment and are exposed to the hazard of accidental lowering of the component.
( d ) Under this section, a raised component of mobile equipment is considered to be blocked or mechanically secured if provided with a functional load-locking device or devices which prevent free and uncontrolled descent.
( e ) Blocking or mechanical securing of the raised component is required during repair or maintenance of elevated mobile work platforms.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsA Pilot Study for Applying an Extravehicular Activity Exercise Prebreathe Protocol to the International Space StationDecompression sickness (DCS) is a serious risk to astronauts performing extravehicular activity (EVA). To reduce this risk, the addition of ten minutes of moderate exercise (75% VO2pk) during prebreathe has been shown to decrease the total prebreathe time from 4 to 2 hours and to decrease the incidence of DCS. The overall purpose of this pilot study was to develop an exercise protocol using flight hardware and an in-flight physical fitness cycle test to perform prebreathe exercise before an EVA. Eleven subjects volunteered to participate in this study. The first objective of this study was to compare the steady-state heart rate (HR) and oxygen consumption (VO2) from a submaximal arm and leg exercise (ALE) session with those predicted from a maximal ALE test. The second objective was to compare the steady-state HR and V02 from a submaximal elastic tube and leg exercise (TLE) session with those predicted from the maximal ALE test. The third objective involved a comparison of the maximal ALE test with a maximal leg-only (LE) test to conform to the in- flight fitness assessment test. The 75% VO2pk target HR from the LE test was significantly less than the target HR from the ALE test. Prescribing exercise using data from the maximal ALE test resulted in the measured submaximal values being higher than predicted VO2 and HR. The results of this pilot study suggest that elastic tubing is valid during EVA prebreathe as a method of arm exercise with the flight leg ergometer and it is recommended that prebreathe countermeasure exercise protocol incorporate this method.Document ID20000039414Acquisition SourceJohnson Space CenterDocument TypeTechnical Memorandum (TM)AuthorsWoodruff, Kristin K.*(Wyle Labs., Inc. Houston, TX United States)*Johnson, Anyika N.*(National Space Biomedical Research Inst. Houston, TX United States)*Lee, Stuart M. C.*(Wyle Labs., Inc. Houston, TX United States)*Gernhardt, Michael*(NASA Johnson Space Center Houston, TX United States)*Schneider, Suzanne M.*(NASA Johnson Space Center Houston, TX United States)*Foster, Philip P.*(Baylor Coll. of Medicine Houston, TX United States)*Date AcquiredSeptember 7, 2013Publication DateApril 1, 2000Subject CategoryAerospace MedicineReport/Patent NumberS-858NAS 1.15:210132NASA/TM-2000-210132Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType20000039414.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
SCHEDULE 14A
(PARAGRAPH) 40,151]  Information Required by
Proxy Statement Reg. (SEC) 240.14a-101.


                       SCHEDULE 14A INFORMATION
      Proxy Statement Pursuant to Section 14(a)
               of the Securities Exchange Act
               of 1934
                      (Amendment No.  )
                      
                      
                      
Filed by the Registrant  [   ]
Filed by a Party other than the Registrant  [
] Check the appropriate box:
[   ]  Preliminary Proxy Statement
[   ]  Confidential, for Use of the Commission
Only (as
permitted by
       Rule 14a-6(e)(2))
[ x ]  Definitive Proxy Statement
[   ]  Definitive Additional Materials
[   ]  Soliciting Material Pursuant to SEC 240.14a-
11(c) or
SEC
       240.14a-12

                       BERWYN INCOME FUND, INC.
       (Name of Registrant as Specified In Its
Charter)

                         KEVIN M.RYAN
          (Name of Person(s) Filing Proxy
Statement,
            if other than the Registrant)
                          
Payment of Filing Fee (Check the appropriate box):
[ x ]  No fee required.
[   ]  Fee computed on table below per Exchange Act
Rules
14a-6(I)(1)and 0-11.

1) Title of each class of securities to which
transaction applies:
________________________________________________

2) Aggregate number of securities to which
transaction applies:
_________________________________________________

3) Per unit price or other underlying value of
transaction computed pursuant to Exchange Act Rule 0-
11 (set forth the amount on which the filing fee is
calculated and state how it was determined):
__________________________________________________

4) Proposed maximum aggregate value of transaction:
__________________________________________________

5) Total fee paid:
__________________________________________________

[   ] Fee paid previously with preliminary
materials.
[   ] Check box if any part of the fee is offset as
provided
by Exchange Act Rule 0-11(a)(2) and identify the
filing for which the offsetting fee was paid
previously.  Identify the previous filing by
registration statement number, or the Form or
Schedule and the date of its filing.


1) Amount Previously Paid:
______________________________________________________
________


2) Form, Schedule or Registration Statement No.:
### [§41909. Renumbered §41906]
#### § 57.12080 Bare conductor guards.

Trolley wires and bare power conductors shall be guarded at mantrip loading and unloading points, and at shaft stations. Where such trolley wires and bare power conductors are less than 7 feet above the rail, they shall be guarded at all points where persons work or pass regularly beneath.
PUBLIC LAW 114–309—DEC. 16, 2016 130 STAT. 1529 

LEGISLATIVE HISTORY—H.R. 6138: 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Nov. 30, considered and passed House. 

Dec. 9, considered and passed Senate. 

Æ 

Public Law 114–309 

114th Congress 

An Act 

To designate the facility of the United States Postal Service located at 560 East 

Pleasant Valley Road, Port Hueneme, California, as the U.S. Naval Construction 

Battalion ‘‘Seabees’’ Fallen Heroes Post Office Building. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. U.S. NAVAL CONSTRUCTION BATTALION ‘‘SEABEES’’ 

FALLEN HEROES POST OFFICE BUILDING. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 560 East Pleasant Valley Road, Port Hueneme, 

California, shall be known and designated as the ‘‘U.S. Naval 

Construction Battalion ‘Seabees’ Fallen Heroes Post Office 

Building’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘U.S. Naval Construction Battalion ‘Seabees’ Fallen Heroes 

Post Office Building’’. 

Approved December 16, 2016. 

Dec. 16, 2016 

[H.R. 6138] 


dkrause on DSKHT7XVN1PROD with PUBLAWS
###### Editorial Note on Part 250

#### Editorial Note:

Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

#### § 250.876 Fired and exhaust heated components.

No later than September 7, 2018, and at least once every 5 years thereafter, you must have qualified third-party inspect, and then you must repair or replace, as needed, the fire tube for tube-type heaters that are equipped with either automatically controlled natural or forced draft burners installed in either atmospheric or pressure vessels that heat hydrocarbons and/or glycol. If inspection indicates tube-type heater deficiencies, you must complete and document repairs or replacements. You must document the inspection results, retain such documentation for at least 5 years, and make the documentation available to BSEE upon request.

[83 FR 49262, Sept. 28, 2018]
<PAGE>

                                                                     Exhibit  16



                     [Greenawalt & Company, P.C. Letterhead]



                                           March 7, 2003



Securities and Exchange Commission
450 5th Street, N.W.
Washington, D.C.  20549

Gentlemen:

         We have reviewed the disclosures made by First Community Financial
Corporation in Part II, Item 8, "Changes in and Disagreements with Accountants,"
of the Corporation's Annual Report on Form 10K-SB, and hereby confirm our
agreement with the statements made therein.

                                             Very truly yours,



                                             /s/ Greenawalt & Company, P.C.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                      25,553,571
<SECURITIES>                                         0
<RECEIVABLES>                               24,237,505
<ALLOWANCES>                                   617,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            51,802,063
<PP&E>                                      21,416,332
<DEPRECIATION>                              10,653,857
<TOTAL-ASSETS>                             200,273,562
<CURRENT-LIABILITIES>                       15,743,659
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                   161,902,504
<OTHER-SE>                                  14,161,903
<TOTAL-LIABILITY-AND-EQUITY>               200,273,562
<SALES>                                     66,599,372
<TOTAL-REVENUES>                            66,599,372
<CGS>                                                0
<TOTAL-COSTS>                               56,632,388
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               178,740
<INTEREST-EXPENSE>                             218,727
<INCOME-PRETAX>                              9,569,517
<INCOME-TAX>                                 3,979,559
<INCOME-CONTINUING>                          5,589,958
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 5,589,958
<EPS-PRIMARY>                                      .40
<EPS-DILUTED>                                      .39
        


</TABLE>
### SUBCHAPTER VIII—SENTENCES
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.1166 What additional reporting is required for developments in the Alaska OCS Region? ( a ) For any development in the Alaska OCS Region, you must submit an annual reservoir management report to the Regional Supervisor. The report must contain information detailing the activities performed during the previous year and planned for the upcoming year that will: ( 1 ) Provide for the prevention of waste;
( 2 ) Provide for the protection of correlative rights; and
( 3 ) Maximize ultimate recovery of oil and gas.
( b ) If your development is jointly regulated by BSEE and the State of Alaska, BSEE and the Alaska Oil and Gas Conservation Commission will jointly determine appropriate reporting requirements to minimize or eliminate duplicate reporting requirements.
( c ) [Reserved]
#### § 57.19036 Headframe height.

Headframes shall be high enough to provide clearance for overtravel and safe stopping of the conveyance.