alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w3






Exhibit 10.3




FIRST AMENDMENT TO CONSULTING AGREEMENT




     This FIRST AMENDMENT TO CONSULTING AGREEMENT (this “Amendment”) is entered into as of January,
2009, by and between GREEKTOWN CASINO, L.L.C., a Michigan limited liability company and a debtor
and debtor-in-possession under the Bankruptcy Code (the “Company”), and THE FINE POINT GROUP (the
“Consultant”).



W I T N E S S E T H:




     WHEREAS, the Company and the Consultant entered into that certain Consulting Agreement dated
as of December 31, 2008 (the “Consulting Agreement”); and



     WHEREAS, the Company and the Consultant desire to amend the Consulting Agreement.



     NOW, THEREFORE, the Company and the Consultant agree as follows:



     1. Amendment to Section 10.



     Section 10 of the Consulting Agreement is hereby amended by adding the following sentence to
the end of the paragraph:




“Notwithstanding anything to the contrary in this Agreement, this Section 10 does
not provide for an exclusive remedy for any breach of Section 10 by the Consultant.”



     2. Amendment to Appendix C.



     The first paragraph in Appendix C of the Consulting Agreement is hereby deleted in its
entirety and replaced with the following:




“For any calendar quarter during 2009, the Success Fee shall equal: i) 10%
of the amount by which actual quarterly EBITDAR (as defined in the Company’s
DIP Credit Agreement subject to the clarification referenced below) exceeds
the amount referenced in column A for the corresponding quarter up to the
amount referenced in column B; plus ii) 30% of the amount by which actual
quarterly EBITDAR exceeds the amount referenced in column B for the
corresponding quarter.”



     3. Consulting Agreement.



     Except as set forth in this Amendment, the terms, agreements, rights and obligations under the
Consulting Agreement are not altered or affected in any manner and shall remain in full force and
effect.



 









 




IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.




	 	 	 	 	 	 	 
	“COMPANY”	 	“CONSULTANT”
	 
	 	 	 	 	 	 
	Greektown Casino, L.L.C.	 	The Fine Point Group
	 
	 	 	 	 	 	 
	By: 

	 	/s/ Clifford J. Vallier
 

Name: Clifford J. Vallier
	 	By:
	 	/s/ Randall A. Fine
 
Name:
Randall A. Fine
	 

	 	Title: CFO
	 	 	 	Title: Director







2
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|                                        | PurposeFunding StatusEligibilityLaws, Regs, & GuidanceApplicant InfoResourcesAwardsFAQsPerformanceContacts |  |
| Office of Postsecondary Education Home |
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## FY 2023

Funded Projects: MS Excel (24K) 

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Funded Projects: MS Excel (44K) | PDF (243K)

## FY 2012

Funded Projects: MS Excel (37K) | PDF (253K)

## FY 2011

Funded Projects: MS Excel (37K) | PDF (222K)

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*Wegener          Corporation and Subsidiaries*

**Certification        of Chief Financial Officer **

**Pursuant        to 18 U.S.C. SECTION 1350,**

**As        Adopted Pursuant to**

**Section        906 of the Sarbanes-Oxley Act of 2002**

|   | **•** |   | fully                  complies with the requirements of Section 13(a) or 15(d) of the                  Securities                  Exchange Act of 1934; and |
|--------|-------------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | **•** |   | the                  information contained in the Report fairly presents, in all material                  respects, the financial condition and results of operations of                  the                  Company. |
|--------|-------------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   |   |       | /s/                  C. Troy Woodbury, Jr.                                                                |
|--------|--------|--------|------------|-----------------------------------------------------------------------------------------------------------|
|   |   |   |       |                                                                                                      |
|   |   |   | **Name:**  | **C.                  Troy Woodbury, Jr.**                                                                |
|   |   |   | **Title:** | **Treasurer                  and Chief Financial Officer (Principal Financial                  Officer)** |
|   |   |   | **Date:**  | **December                  1, 2005**                                                                     |

----
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Buz z Tarve r CHARTERE D LIF EUNDERWRirE R(CLU ) CHARTERE D PRCTERT Y CASUALT Y UNDERWRITE R(CPCU )

STAT EFAR M AGEN T SINC E197 4
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

NICHOLAS ANGELOPOULOS )

)

Plaintiff, ) Case No. 12 C 5836

)

v. ) District Judge Robert M. Dow, Jr.

)

KEYSTONE ORTHOPEDIC ) Magistrate Judge Daniel G. Martin

SPECIALISTS, S.C., et al. )

)

Defendants. )

ORDER

Plaintiff’s Amended Motion to Compel [144] is granted in part.

STATEMENT

Pursuant to the Court’s request, Defendant Hall has submitted unredacted copies

of his federal and state tax returns for 2005, 2006, and 2007 for in camera review. Hall

earlier provided a redacted version of the returns to Angelopoulos in response to this

Court’s order on Plaintiff’s motion to compel. Hall withheld certain schedules and other

information on the ground that they are not relevant to the issues of the case. In particular,

Hall claims that it is premature to provide information about his net worth because no

finding of liability has yet been reached. 

The Court disagrees. Federal courts do not generally require that a claim be

adjudicated on the merits before permitting discovery on this issue. See United States v.

Autumn Ridge Condo. Assn., Inc., 265 F.R.D. 323, 328 (N.D. Ind. 2009) (citing cases); but

see Lanigan v. Babusch, 2011 WL 5118301, at *4 (N.D. Ill. Oct. 27, 2011) (noting that

some courts prefer to postpone such discovery). In reality, much of this issue is already

Case: 1:12-cv-05836 Document #: 165 Filed: 06/09/14 Page 1 of 2 PageID #:1630
moot because the returns that Hall has already provided disclose much of what

Angelopoulos seeks. 

Nevertheless, the Court agrees that certain parts of Hall’s returns have no direct

relevance to this issue. Hall is not required to turn over Schedule D, the Foreign Tax Credit

statements, Residential EnergyCredits, orNoncash Charitable Contributions for his federal

returns. He may also withhold all estimated payment vouchers for both state and federal

filings. All other parts of the tax returns should be produced within 7 days. All tax records

are subject to the parties’ protective order.

DATE: June 9, 2014. 

__________________________

 Daniel G. Martin

 United States Magistrate Judge

Case: 1:12-cv-05836 Document #: 165 Filed: 06/09/14 Page 2 of 2 PageID #:1631
219.805-1 General. (b)(2)(A) For acquisitions that exceed the competitive threshold, the SBA also may accept the requirement for a sole source 8(a) award on behalf of a small business concern owned by a Native Hawaiian Organization (Section 8020 of Pub. L. 109-148). (B) *Native Hawaiian Organization*, as used in this subsection and as defined by 15 U.S.C. 637(a)(15) and 13 CFR 124.3, means any community service organization serving Native Hawaiians in the State of Hawaii— ( 1 ) That is a not-for-profit organization chartered by the State of Hawaii;
( 2 ) That is controlled by Native Hawaiians; and
( 3 ) Whose business activities will principally benefit such Native Hawaiians.
[70 FR 43073, July 26, 2005, as amended at 71 FR 34832, June 16, 2006]
3009.570-3 Procedures. In making a responsibility determination before awarding a contract for the acquisition of a major system, the contracting officer shall— ( a ) Determine whether the prospective contractor meets the definition of “lead system integrator”;
( b ) Consider all information regarding the prospective contractor's direct financial interests in view of the prohibition at (HSAR) 48 CFR 3009.570-2(a); and
( c ) Apply the following procedures: ( 1 ) After assessing the offeror's direct financial interests in the development or construction of any individual system or element of any system of systems, if the offeror— ( i ) Has no direct financial interest in such systems, the contracting officer shall document the contract file to that effect and may then further consider the offeror for award of the contract;
( ii ) Has a direct financial interest in such systems, but the exception in (HSAR) 3009.570-2(b)(2) applies, the contracting officer shall document the contract file to that effect and may then further consider the offeror for award of the contract;
( iii ) Has a direct financial interest in such systems and the exception in (HSAR) 3009.570-2(b)(2) does not apply, but the conditions in (HSAR) 3009.570-2(b)(1)(i) and (ii) do apply, the contracting officer— ( A ) Shall document the contract file to that effect;
( B ) May, in coordination with program officials, request an exception for the offeror from the Secretary of Homeland Security, in accordance with Homeland Security Acquisition Manual section 3009.570; and
( C ) Shall not award to the offeror unless the Secretary of Homeland Security grants the exception and provides the required certification to Congress; or
( iv ) Has a direct financial interest in such systems and the exceptions in (HSAR) 3009.570-2(b)(1) and (2) do not apply, the contracting officer shall not award to the offeror.
[75 FR 41099, July 15, 2010]
#### 3416.603-3 Limitations.

If the HCA is to sign a letter contract as the contracting officer, the SPE signs the written determination under FAR 16.603-3.
#### 3052.216-72 Performance evaluation plan.

As prescribed in (HSAR) 48 CFR 3016.406(e)(i)(ii), insert a clause substantially the same as the following:

# Performance Evaluation Plan (DEC 2003)

(a) A Performance Evaluation Plan shall be unilaterally established by the Government based on the criteria stated in the contract and used for the determination of award fee. This plan shall include the criteria used to evaluate each area and the percentage of award fee (if any) available for each area. A copy of the plan shall be provided to the contractor ___ (*insert number*) calendar days prior to the start of the first evaluation period.

(b) The criteria contained within the Performance Evaluation Plan may relate to: (1) Technical (including schedule) requirements if appropriate; (2) Management; and (3) Cost.

(c) The Performance Evaluation Plan may, consistent with the contract, be revised unilaterally by the Government at any time during the period of performance. Notification of such changes shall be provided to the contractor ___ (*insert number*) calendar days prior to the start of the evaluation period to which the change will apply.

(End of clause)
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 57 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
118th CONGRESS
  1st Session
H. CON. RES. 57

_______________________________________________________________________

                         CONCURRENT RESOLUTION

    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that--
            (1) the State of Israel is not a racist or apartheid state;
            (2) Congress rejects all forms of antisemitism and 
        xenophobia; and
            (3) the United States will always be a staunch partner and 
        supporter of Israel.

            Passed the House of Representatives July 18, 2023.

            Attest:

                                                                 Clerk.
118th CONGRESS

  1st Session

                            H. CON. RES. 57

_______________________________________________________________________

                         CONCURRENT RESOLUTION

    Expressing the sense of Congress supporting the State of Israel.
```
#### 35.012 Patent rights.

For a discussion of patent rights, see agency regulations and part 27.
Subject to the funding rules, the authorizing statute provides that the minimum grant to each eligible institution must not be less than $500,000.  Institutions may not receive more than one grant in any fiscal year.

Program Map of Participating Institutions

## FY 2009-14

- Abstracts of funded projects  download filesMS Word (64K) | PDF (50K)

|**State** | **Grantee**                                                       | **FYs 2009, 2010, and 2011 Awards**
|--------- | ----------------------------------------------------------------- | -----------------------------------
|IL        | Robert Morris College                                             | $500,000 annually                  
|IL        | Chicago State University                                          | $500,000 annually                  
|MD        | Washington Adventist University (formerly Columbia Union College) | $500,000 annually                  
|NY        | Long Island University (Brooklyn Campus)                          | $500,000 annually                  
|NY        | York College (The City University of New York)                    | $500,000 annually                  
|          | **Total Grant Awards:**                                           | **$2,500,000 annually**            

Institutional Service Home

|Last Modified: 11/15/2011
|-------------------------
**Who May Apply:**  Institutions  of Higher Education (IHEs) that meet certain eligibility requirements

IHEs  must meet both basic and program-specific eligibility requirements. All IHEs seeking funding under the PBI program must apply for **Designation as an Eligible Institution for Title III and Title V Programs**.

Refer to the Tips and Assistance section on the Eligibility page to find more information, the latest webinar schedule, and/or presentations regarding eligibility.

**Additional eligibility requirements include:**

1. Have an enrollment of needy students as defined by  Title III, Part F, Section 371 of the HEA.
2. Have an average educational and general expenditure  which is low, per full-time equivalent undergraduate student in comparison with the average educational and general expenditure per full-time equivalent  undergraduate student of institutions of higher education that offer similar  instruction, except that the Secretary may apply the waiver requirements described in Section 392(b) to this subparagraph in the same manner as the  Secretary applies the waiver requirements to Section 312(b)(1)(B);
3. Have an enrollment of undergraduate students—that is at least 40 percent Black American students;
that  is at least 1,000 undergraduate students;
of which not less than 50 percent of the undergraduate students enrolled at the institution  are low-income individuals or first-generation college students (as that term  is defined in Section 402A(g)); and
of which not less than 50  percent of the undergraduate students are enrolled in an educational program  leading to a bachelor’s or associate’s degree that the institution is licensed  to award by the State in which the institution is located;
4. that is at least 40 percent Black American students;
5. that  is at least 1,000 undergraduate students;
6. of which not less than 50 percent of the undergraduate students enrolled at the institution  are low-income individuals or first-generation college students (as that term  is defined in Section 402A(g)); and
7. of which not less than 50  percent of the undergraduate students are enrolled in an educational program  leading to a bachelor’s or associate’s degree that the institution is licensed  to award by the State in which the institution is located;
8. Is legally authorized to provide, and provides within  the State, an educational program within the State, an educational program for  which the institution of higher education awards a bachelor’s degree, or in the  case of a junior or community college, an associate’s degree;
9. Is accredited by a nationally recognized accrediting  agency or association determined by the Secretary to be a reliable authority as  to the quality of training offered, or is, according to such an agency or  association making reasonable progress toward accreditation; and
10. Is not receiving assistance under Part B of Title III.



**Lists of Eligible Institutions by Fiscal Year**



Institutional Service Home

|Last Modified: 01/15/2014
|-------------------------
----

As of June 20, 2008

|   | Re:    | Charming      Shoppes Master Trust Class A Floating Rate |
|--------|--------|----------------------------------------------------------|
|   |   | Asset Backed      Certificates, Series 1999-2            |

----

| Sincerely      yours,                                    |
|----------------------------------------------------------|
|                                                     |
| CLIPPER      RECEIVABLES COMPANY, LLC,                   |
| as      the Class A Purchaser                            |
|                                                     |
|                                                     |
| By:   /s/R. Douglas      Donaldson        |
| Name:   R.      Douglas Donaldson         |
| Title:     Treasurer            |
|                                                     |
|                                                     |
| STATE      STREET GLOBAL MARKETS, LLC,                   |
| as      the Administrator                                |
|                                                     |
|                                                     |
| By:   /s/Thomas      Loughlin             |
| Name:  Thomas      Loughlin                    |
| Title:    Senior      Vice President |

|   | S-1 | Charming      Shoppes Series 1999-2Letter      Agreement |
|--------|-----|----------------------------------------------------------|

----

| CHARMING      SHOPPES RECEIVABLES CORP.,          |
|---------------------------------------------------|
| as      the Seller and as the Class B Purchaser   |
|                                              |
|                                              |
|                                              |
| By:   /s/Kirk R.      Simme        |
| Name:  Kirk      R. Simme               |
| Title:    Vice      President |
|                                              |
| SPIRIT      OF AMERICA, INC.                      |
| as      the Servicer                              |
|                                              |
| By:   /s/Kirk R.      Simme        |
| Name:  Kirk      R. Simme               |
| Title:    Vice      President |

|   | S-2 | Charming      Shoppes Series 1999-2Letter      Agreement |
|--------|-----|----------------------------------------------------------|

----

| Acknowledged      and Agreed:                     |
|---------------------------------------------------|
|                                              |
| STATE      STREET BANK & TRUST COMPANY,       |
| as      Liquidity Agent and Purchaser             |
|                                              |
|                                              |
| By:       /s/Thomas      Loughlin            |
| Name:  Thomas      Loughlin             |
| Title:    Vice      President |

|   | S-3 | Charming      Shoppes Series 1999-2Letter      Agreement |
|--------|-----|----------------------------------------------------------|

----