alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w18



 







EXHIBIT 10.18



THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE
STATE SECURITIES LAWS AND MAY NOT BE SOLD, TRANSFERRED, PLEDGED, HYPOTHECATED OR OTHERWISE DISPOSED
OF EXCEPT PURSUANT TO (1) REGISTRATION IN COMPLIANCE WITH SUCH ACT AND SUCH STATE LAWS OR (2) AN
OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY TO THE EFFECT THAT SUCH REGISTRATION IS
NOT REQUIRED.




RESTORE MEDICAL, INC.




CONVERTIBLE PROMISSORY NOTE

 




			
	$675,000.00
	 	October 31, 2002

as amended June 12, 2003 and December 9, 2003






     For Value Received, the undersigned Restore Medical, Inc. (f/k/a Pi Medical, Inc.), a
Minnesota corporation (the “Company”), hereby promises to pay to the order of Venturi I, LLC
(“Holder”), at its principal office at 2800 Patton Road, St. Paul, Minnesota 55113, the principal
sum of Six Hundred Seventy-Five Thousand and 00/100 Dollars ($675,000.00). Interest shall be
payable on the unpaid principal balance of this Note, computed on the basis of actual number of
days elapsed and a year of 360 days, from the date hereof at the rate of 12% per annum. Unless
converted as provided below, the outstanding principal of, and interest accrued on, this Note will
mature and shall be due and payable on December 31, 2003 (the “Maturity Date”). This Note may be
prepaid, at the option of the Company, without penalty in whole or in part at any time and from
time to time after issue and prior to the Maturity Date.



     In the event of an equity financing by the Company, all of the outstanding principal of and
interest accrued on this Note shall automatically convert into the securities offered in such
financing, at a conversion price equal to the offering price per share in such financing.



     The Company shall pay all expenses, court costs and reasonable attorneys’ fees which may be
incurred in connection with the collection of or attempts to collect any amounts due under this
Note.



     The Company hereby waives presentment of this Note, demand, protest, dishonor and notice of
dishonor.



     This Note shall be governed by the laws of the State of Minnesota without regard to its
conflicts of laws rules.



     Amendment. This Note is intended to amend by substitution the Note dated as of October 31,
2002, as amended June 12, 2003, made by the Company in favor of Venturi I, LLC.



	 	 	 	 	 
	 	RESTORE MEDICAL, INC.

 	 
	 	By  	/s/  Susan L. Critzer
 	 
	 	 	Name:  	Susan L. Critzer 	 
	 	 	Title:  	President
#### § 86.2 Applicability.

This part applies to the Office of the Secretary of Defense, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this part as the “DoD Components”).
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6.1.1

Eastern Division

Luella C Pehlke

Plaintiff,

v. Case No.: 1:12−cv−00596

Honorable Virginia M. Kendall

A.O. Smith Corporation, et al.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Thursday, July 14, 2016:

 MINUTE entry before the Honorable Virginia M. Kendall. Daubert hearings set

for 8/2/2016, 8/3/2016 and 9/1/2016 at 10:00 AM. Mailed notice(lk, )

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

Case: 1:12-cv-00596 Document #: 74 Filed: 07/14/16 Page 1 of 1 PageID #:1160
#### 1201.101 Purpose.

The Department of Transportation (DOT), Transportation Acquisition Regulation (TAR), establishes uniform acquisition policies and procedures that implement and supplement the Federal Acquisition Regulation (FAR). The TAR provides regulatory or policy instruction when coverage is needed for DOT-specific subject matter not covered in the FAR. The TAR also includes policy statements that DOT considers important to both internal and external TAR audiences. The Transportation Acquisition Manual (TAM) contains internal operating procedures, providing supplementary guidance and instructions for carrying out FAR and TAR requirements.
### **CHAPTER 7—EXCLUSION OF CHINESE**

#### **Editorial Notes**

#### Codification

Former chapter 7 of this title included the provisions of the several Chinese Exclusion acts, beginning with the temporary act of May 6, 1882, ch. 126, 22 Stat. 58, which, as being then in force, were, by act Apr. 27, 1904, ch. 1630, §5, 33 Stat. 428, amending act Apr. 29, 1902, ch. 641, 32 Stat. 176, "re-enacted, extended, and continued, without modification, limitation, or condition;" with the further provisions of the act and those of subsequent acts relating to the subject which remained in force.
* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limited circumstances set forth in Local Rule

47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-20732 Summary Calendar

STEPHEN PAUL SHARP, ET AL., Plaintiffs,
STEPHEN PAUL SHARP, Plaintiff-Appellant,

versus

NOBLE DRILLING CORPORATION, ET AL., Defendants,
NOBLE DRILLING CORPORATION; NOBLE DRILLING(U.S.), INC.; NOBLE DRILLING SERVICES CORPORATION; NOBLE DRILLING (U.S.), INC.; NOBLE DRILLING (WEST AFRICA), INC., Defendants-Appellees.

Appeal from the United States District Court

For the Southern District of Texas (CA H 95-5215)

February 18, 1997

Before POLITZ, Chief Judge, HIGGINBOTHAM and DeMOSS, Circuit Judges.

PER CURIAM: *1 Noble Drilling (U.S.), Inc.; Noble Drilling Services Corporation; Noble Drilling (West

Africa), Inc.

2 Conoco International, Inc. and Conoco Energy (Nigeria), Ltd.

3 Chevron International Oil Company, Inc. and Chevron International (Nigeria), Ltd.

2 Stephen Paul Sharp appeals the district court’s entry of summary judgment

in favor of Noble Drilling Corporation and affiliates. 1 Finding the appeal to be

interlocutory, we dismiss for lack of appellate jurisdiction.

Sharp filed a complaint against (1) Noble, (2) Conoco, Inc. and affiliates, 2

and (3) Chevron, Inc. and affiliates. 3 Sharp advanced negligence, wrongful death,

and survivorship claims against Conoco and Chevron and wrongful death and

survivorship actions under the Jones Act against Noble. The district court granted

Noble’s motion for summary judgment. Subsequently Sharp moved to non-suit

Conoco and Chevron, and Conoco filed a motion for summary judgment. The

district court denied both motions. Sharp and Chevron then reached a settlement

agreement, and Sharp’s claims against Conoco are set for trial beginning March 28,

1997.

A district court may attest to finality and thus qualify for appeal a judgment

that partially disposes of multiple claims or par t ies “only upon an express

determination that there is no just reason for delay and upon an express direction4 Fed.R.Civ.P. 54(b); see Bader v. Atlantic Intn’l, Ltd. , 986 F.2d 912 (5th Cir. 1993).

3 for the entry of judgment.” 4 In the case at bar the district court entered summary

judgment in favor of Noble but th e claims against Conoco remain. Before us,

therefore, is a partial disposition of a multiparty action. The judgment contains no

Rule 54(b) attestation by the district court. We lack appellate jurisdiction.

APPEAL DISMISSED.
### §2009l. Duties of Rural Economic and Community Development State Offices

In carrying out this subchapter, the Director of a Rural Economic and Community Development State Office shall—

(1) to the maximum extent practicable, ensure that the State strategic plan referred to in section 2009c of this title is implemented;

(2) coordinate community development objectives within the State;

(3) establish links between local, State, and field office program administrators of the Department of Agriculture;

(4) ensure that recipient communities comply with applicable Federal and State laws and requirements; and

(5) integrate State development programs with assistance under this subchapter.

(Pub. L. 87–128, title III, §381M, as added Pub. L. 104–127, title VII, §761, Apr. 4, 1996, 110 Stat. 1146.)
### §6508. Prohibited crop production practices and materials

#### (a) Seed, seedlings and planting practices

For a farm to be certified under this chapter, producers on such farm shall not apply materials to, or engage in practices on, seeds or seedlings that are contrary to, or inconsistent with, the applicable organic certification program.

#### (b) Soil amendments

For a farm to be certified under this chapter, producers on such farm shall not—

(1) use any fertilizers containing synthetic ingredients or any commercially blended fertilizers containing materials prohibited under this chapter or under the applicable State organic certification program; or

(2) use as a source of nitrogen: phosphorous, lime, potash, or any materials that are inconsistent with the applicable organic certification program.

#### (c) Crop management

For a farm to be certified under this chapter, producers on such farm shall not—

(1) use natural poisons such as arsenic or lead salts that have long-term effects and persist in the environment, as determined by the applicable governing State official or the Secretary;

(2) use plastic mulches, unless such mulches are removed at the end of each growing or harvest season; or

(3) use transplants that are treated with any synthetic or prohibited material.

(Pub. L. 101–624, title XXI, §2109, Nov. 28, 1990, 104 Stat. 3940.)
### §197b. Choice of law and venue

#### (a) Location of forum

The forum for resolving any dispute among the parties to a poultry growing arrangement or swine production or marketing contract that arises out of the arrangement or contract shall be located in the Federal judicial district in which the principle part of the performance takes place under the arrangement or contract.

#### (b) Choice of law

A poultry growing arrangement or swine production or marketing contract may specify which State's law is to apply to issues governed by State law in any dispute arising out of the arrangement or contract, except to the extent that doing so is prohibited by the law of the State in which the principal part of the performance takes place under the arrangement or contract.

(Aug. 15, 1921, ch. 64, title II, §209, as added Pub. L. 110–234, title XI, §11005, May 22, 2008, 122 Stat. 1357, and Pub. L. 110–246, §4(a), title XI, §11005, June 18, 2008, 122 Stat. 1664, 2119.)

#### **Editorial Notes**

#### Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Section 11005 of Pub. L. 110–246, which directed amendment of title II of the Packers and Stockyards Act, 1921, by adding sections 208 to 210 at the end, was executed by adding the sections at the end of this part, which is subtitle A of title II of the Act, to reflect the probable intent of Congress.

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

#### Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

BILL BEIGL, )

)

Plaintiff, )

)

v. ) No. 12 C 150

)

NORTHWEST COLLECTORS, INC., )

)

Defendant. )

MEMORANDUM ORDER

This Court has previously granted the motion for sanctions

filed by defendant Northwest Collectors, Inc. (“Northwest”)

against plaintiff Bill Beigl (“Beigl”) for having violated the

Fair Debt Collection Practices Act. Northwest’s counsel have

filed two submissions in support of their request seeking Beigl’s

payment of its attorney’s fees and expenses, and this memorandum

order is issued following Beigl’s failure to respond.

Although Northwest’s October 4 submission requests an

aggregate payment of $25,227.50 in fees and $1,024.50 in

expenses, this Court’s review of the time records and invoices

attached as exhibits reveals that such a claim is excessive. 

That is so because at a point when Northwest’s total obligation

to its counsel aggregated $10,000, all further bills submitted by

Northwest’s law firm were rendered not to its client but to The

Travelers Companies, Inc.

It appears clear that Northwest’s insurance coverage had a

$10,000 deductible, with the excess being paid by the insurer. 

Case: 1:12-cv-00150 Document #: 42 Filed: 11/13/12 Page 1 of 2 PageID #:369
Accordingly Beigl is ordered to pay to Northwest a sum of

$9,801.25 (the $10,000 billed by the law firm to Northwest, less

$198.75 in expenses disallowed by this Court).

________________________________________

Milton I. Shadur

Senior United States District Judge

Date: November 13, 2012

2

Case: 1:12-cv-00150 Document #: 42 Filed: 11/13/12 Page 2 of 2 PageID #:370
Exhibit 10(iii)(41)

                                  AMENDMENT TO
                              CH ENERGY GROUP, INC.
                          SUPPLEMENTARY RETIREMENT PLAN

      WHEREAS,   CH  Energy  Group,   Inc.   ("Energy   Group")   maintains  the
Supplementary Executive Retirement Plan (the "Plan"); and

      WHEREAS, Energy Group desires to amend the Plan to freeze participation of
the Plan and to limit further accruals under the Plan to only the current vested
participants of the Plan.

      NOW,  THEREFORE,  Energy  Group  hereby  amends  the Plan by  adding a new
Section 3.13 to the end thereof as set forth below.

            "3.13 Accrual of Benefits and Participation after December 31, 2005.
      Effective for periods after December 31, 2005, the Plan is terminated with
      no benefit payable with respect to any Participant who, as of December 31,
      2005,  would not be vested or  entitled  to  benefits  thereunder  if they
      separated from service or terminated from employment from either of Energy
      Group or Central  Hudson on  December  31,  2005 and no employee of Energy
      Group or Central  Hudson may commence or recommence  participation  in the
      Plan after December 31, 2005."

      IN WITNESS WHEREOF, this Amendment has been executed as of this ___ day of
December, 2005.

                                       CH ENERGY GROUP, INC.


                                       By ______________________________________
#### Hartford Federation of Teachers *v.*Hartford Board of Education et al.

*Karl Fleischmann,*for the appellee (plaintiff).

*Albert Q. Murphy,*assistant corporation counsel, for the appellant (defendant Hartford Court of Common Council).

Argued October 1

decided October 1, 1974

The plaintiff’s motion to dismiss the appeal from the Superior Court in Hartford County is denied.
### **CHAPTER 21C—TOBACCO REFORM**

#### SUBCHAPTER I—TRANSITIONAL PAYMENTS TO TOBACCO QUOTA HOLDERS AND PRODUCERS OF TOBACCO

Sec.
518.
Definitions.
518a.
Contract payments to tobacco quota holders.
518b.
Contract payments for producers of quota tobacco.
518c.
Administration.
518d.
Use of assessments as source of funds for payments.
518e.
Tobacco Trust Fund.
518f.
Limitation on total expenditures.

#### SUBCHAPTER II—IMPLEMENTATION AND TRANSITION

519.
Treatment of tobacco loan pool stocks and outstanding loan costs.
519a.
Regulations.
§ 935.1 Applicability. ( a ) The local civil and criminal laws of Wake Island consist of this part and applicable provisions of the laws of the United States.
( b ) For the purposes of this part, Wake Island includes Wake, Peale, and Wilkes Islands, and the appurtenant reefs, shoals, shores, bays, lagoons, keys, territorial waters, and superadjacent airspace of them.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

                    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841*et seq.*) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.                

                    The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board's Freedom of Information Office at                     *https://www.federalreserve.gov/​foia/​request.htm.*                     Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)).                

Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington DC 20551-0001, not later than February 16, 2021.

*A. Federal Reserve Bank of Kansas City*                     (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:                

                    1.                     *SBWY Financial Corporation, Evanston, Wyoming;*                     to become a bank holding company by acquiring State Bank, Green River, Wyoming.                

Board of Governors of the Federal Reserve System, January 11, 2021.

Michele Taylor Fennell,

Deputy Associate Secretary of the Board.

[FR Doc. 2021-00758 Filed 1-13-21; 8:45 am]

BILLING CODE 6210-01-P
### §148c to 148e. Repealed. Pub. L. 106-224, title IV, §438(a)(6), June 20, 2000, 114 Stat. 454

Section 148c, act Apr. 6, 1937, ch. 69, §4, as added May 9, 1938, ch. 192, 52 Stat. 344, related to cooperation of States in control of insect pests and plant diseases.

Section 148d, act Apr. 6, 1937, ch. 69, §5, as added May 9, 1938, ch. 192, 52 Stat. 344, prohibited use of appropriations to pay cost or value of injured or destroyed animals, crops, or other property.

Section 148e, act Apr. 6, 1937, ch. 69, §6, as added May 9, 1938, ch. 192, 52 Stat. 344, authorized appropriations to carry out provisions of sections 148 to 148e of this title.
Record of Conference Call

From: Johnson, Mary Sent: Wednesday, March 05, 2014 4:03 PM To: Johnson, Mary; Hutson, Nick; Culligan, Kevin; Wayland, Robertj Subject: FW: Call with Judy Sheahan (US Conference of Mayors) - Differences between the two GHG proposals for new EGUs When: Thursday, March 13, 2014 1:00 PM - 2:00 PM (UTC- 05:00) Eastern Time (US & Canada). Where: 866 - 29 9 - 3188; Conf Code is 9195415536 Meeting was attended by : Judy Sheehan (USCM) – phone Dave Gatton (USCM) – phone Mary Johnson (EPA ) – phone Bob Wayland (EPA) – phone Nick Hutson (EPA) – phone Purpose : As a follow - on to the intergovernmental update briefing "Rulemaking for GHG Emissions from EGUs" on Feb. 26, Judy Sheahan (US Conference of Mayors) requested that we explain the differences between the two GHG proposals for new EGUs.
1337.110-71 Additional DOC clauses related to service contracting. ( a ) Insert a clause substantially similar to 1352.237-74, *Progress Reports,* where progress reports are required in order to make periodic payments based upon contract progress made, or if the contracting officer otherwise determines that progress reports are needed.
( b ) Insert a clause substantially similar to 1352.237-75, *Key Personnel,* when contract performance requires identification of contractor key personnel.
#### Edward M. Deegan, Appellant, v. Kurt Resch, Respondent.

In an action to recover damages for alleged conversion of a bank check and its proceeds, the plaintiff, by permission of this court, appeals from so much of an order of the Appellate Term of the Supreme Court, dated February 6, 1964 and resettled by its order of March 20, 1964, as reversed an order of the Civil Court of the City of New York, denying defendant’s motion to vacate an order of arrest; granted the motion; and vacated the order of arrest. Appeal from original order of February 6, 1964, dismissed; that order was superseded by the resettled order. Resettled order, insofar as appealed from, affirmed, with costs *(Burns*v. *Newman,*274 App. Div. 301, 302; *Evyan Perfumes*v. *Hamilton,*20 Misc 2d 950). Beldock, P. J., Ughetta, Kleinfeld, Hill and Rabin, JJ., concur.