alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
pharmagen_ex1019.htm


EXHIBIT 10.19




 


CONSENT AND AGREEMENT


TO AMENDED AND RESTATED REVOLVING PROMISSORY NOTE


 


Reference is made to that certain Amended and Restated Revolving Promissory Note, issued by the Borrower in favor of the Lender, as of November 30, 2012 and effective as of December 12, 2012 (as amended and as may hereafter be amended or restated from time to time, the “Promissory Note”), issued pursuant to that certain Senior Secured Revolving Credit Facility Agreement, dated as of September 30, 2012, as amended by Amendment No. 1 thereto, dated November 30, 2012 (as amended and as may hereafter be amended or restated from time to time, the “Credit Agreement”), made by and among (i) Pharmagen Inc., a corporation incorporated under the laws of the State of Nevada and formerly known as Sunpeaks Ventures, Inc., as borrower (the “Borrower”), (ii) Pharmagen Distribution, LLC, a limited liability company organized and existing under the laws of the State of Delaware and formerly known as Healthcare Distribution Specialists LLC, as guarantor (the “Guarantor” and together with Borrower, the “Credit Parties”), and (iii) TCA Global Credit Master Fund, LP, a limited partnership organized and existing under the laws of the Cayman Islands, as lender (the “Lender”). Unless otherwise defined herein, the capitalized terms used herein shall have the meanings assigned to such terms in the Credit Agreement.


 


Pursuant to the Credit Agreement, any Subsidiary which is formed or acquired or otherwise becomes a Subsidiary of the Borrower following the date of the Credit Agreement shall become an additional Credit Party thereto, including, but not limited to, causing such party to execute counterparts to the Credit Agreement. In connection therewith, Lender has requested and Borrower has agreed to, in addition, execute this counterpart to the Promissory Note.


 


Following the date of the Credit Agreement, the undersigned has become a subsidiary and beneficiary of the Borrower and hereby expressly acknowledges and agrees that it is receiving a direct benefit from Borrower’s receipt of certain sums pursuant to the Credit Agreement and the continuing good standing relationship with Lender. In consideration therefore and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, by its execution hereof, the undersigned hereby consents and agrees to become a party to the Promissory Note. The undersigned consents and agrees to the payment of the amounts contemplated in the Credit Agreement, documents contemplated thereby and to the provisions contained therein relating to conditions to be fulfilled and obligations to be performed by it pursuant to or in connection with the Credit Agreement. The undersigned hereby agrees and acknowledges that this executed Consent and Agreement shall be attached to the Promissory Note and shall become a part thereof.


 




	PHARMAGEN LABORATORIES, INC.	 
	 	 	 
	
By: 

	/s/ Mackie Barch	Date:  March 29, 2013
	 	Name: Mackie Barch	 
	 	Title:  Chief Executive Officer
§ 1780.6 Application information. ( a ) The Rural Development State Director in each State will determine the office and staff that will be responsible for delivery of the program (processing office) and designate an approving office. Applications will be accepted by the processing office.
( b ) The applicant's governing body should designate one person to act as contact person with the Agency during loan and grant processing. Agency personnel should make every effort to involve the applicant's contact person when meeting with the applicant's professional consultants or agents.
===============================================================================


                                 UNITED STATES
                        SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549



                                   FORM 8-K



                                 CURRENT REPORT



     Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934



     Date of Report (Date of earliest event reported): September 9, 2003
                                                       ------------------






                   Registrant, State of
 Commission           Incorporation,                 I.R.S. Employer
File Number    Address and Telephone Number          Identification Number
------------  --------------------------------       ---------------------

  1-7297      Nicor Inc.                             36-2855175
              (An Illinois Corporation)
              1844 Ferry Road
              Naperville, Illinois 60563-9600
              (630) 305-9500









===============================================================================






<PAGE>


                                                             Page 1

Item 5. Other Events
------  -------------

The information in the attached Nicor Inc. press release issued September 9,
2003 is being filed under Item 5.

Exhibit
Number               Description
-------      -----------------------------------------
99.1         Press release of Nicor Inc. issued September 9, 2003.




<PAGE>


                                                             Page 2

Signature
----------

Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.




                                                Nicor Inc.


Date       September 9, 2003                    /s/ KATHLEEN L. HALLORAN
       ----------------------                   ----------------------------
                                                Kathleen L. Halloran
                                                Executive Vice President
                                                Finance and Administration







<PAGE>


                                                             Page 3

Exhibit Index
-------------

Exhibit
Number             Description of Document
--------     -----------------------------------------
99.1         Press release of Nicor Inc. issued September 9, 2003.
#### Jerome Silverman, Administrator (Estate of Harold Nathan) *v.*St. Joseph Hospital et al.

The motion by the defendants to dismiss the appeal from the Superior Court in Fairfield County at Stamford is granted.

*604
      *William B. Bush,*for the appellees (defendants).

*Marshall S. Feingold,*for the appellant (plaintiff).

Argued November 2

decided November 2, 1971
#### § 1777.34 Individual loans—Rates and terms.

Individual loans will bear interest at not more than the maximum of 5 percent per annum, or the Federal Financing Bank or other Agency designated source, on loans of a similar term at the time such loans are made. The term will not exceed the estimated useful life of the eligible improvements financed or as determined by tribal or state law or statute, whichever is less.
| Subsidiary Name                                    |   | State of Incorporation |
|----------------------------------------------------|--------|------------------------|
| Haights      Cross Operating Company               |   | Delaware               |
| Haights      Cross Operating Company Subsidiaries: |   |                   |
| Triumph      Learning, LLC                         |   | Delaware               |
| Recorded      Books, LLC                           |   | Delaware               |
| Recorded      Books, LLC Subsidiary:               |   |                   |
| WF      Howes Limited                              |   | United      Kingdom    |
| Wavesound      Pty Ltd                             |   | Australia              |

----
98-1350.

#### Pingue Properties, Inc. v. Enz, Jones & LeGrand.

Franklin App. No. 97APE11-1453. Reported at 83 Ohio St.3d 1436, 699 N.E.2d 950. On motion for reconsideration. Motion denied.
Editorial Note on Part 1940
Editorial Note: Nomenclature changes to part 1940 appear at 80 FR 9876, Feb. 24, 2015.

§ 1940.593 Other Rural Business-Cooperative Service programs. If the Agency determines that it is in the best interest of the Federal government to allocate funds to States for existing RBS programs other than those identified in §§ 1940.588 and 1940.589 of this subpart and for programs new to RBS (e.g., through new legislation), the Agency will use the process identified in paragraph (a) or (b) of this section. ( a ) If the Agency determines that one of the State allocation procedures in § 1940.588 and § 1940.589 is appropriate for the program, the Agency will publish a Federal Register notice identifying the program and which State allocation procedure will be used for the program.
( b ) If the Agency determines that none of the procedures specified in § 1940.588 and § 1940.589 is appropriate for the program, the Agency will implement the following steps: ( 1 ) The Agency will either develop a preliminary state allocation formula and administrative procedures specific to the requirements of the new program or use whichever of the procedures in § 1940.588 and § 1940.589 the Agency determines most closely matches the purpose of the program. The Agency will publish in the Federal Register the State allocation formula and adminstrative procedures that it will use initially for the new program.
( 2 ) The Agency will develop a State allocation formula and administrative provisions specific to the new program and publish them as a proposed rule change to this part in the Federal Register for public comment.
( 3 ) Until the program's State allocation formula and administrative requirements are finalized, the Agency will use the preliminary State allocation formula established under paragraph (b)(1) of this section to make State allocations and administer the new program.
[79 FR 56220, Sept. 19, 2014]
###### Editorial Note on Part 1951

#### Editorial Notes:

1. Some of the exhibits referenced in this part 1951 are not published in the Code of Federal Regulations. Exhibits are available in any Rural Development office.

2. Nomenclature changes to part 1951 appear at 80 FR 9890-9894, Feb. 24, 2015.

#### § 1951.710 [Reserved]
I 

113TH CONGRESS 

1ST SESSION H. R. 1973 

To permit business development companies to increase investments in smalland middle-market financial services companies and investment advisors. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2013 

Mr. MULVANEY introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To permit business development companies to increase investments in small-and middle-market financial services companies and investment advisors. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Business Development 

5 Company Modernization Act’’. 

6 SEC. 2. INVESTMENTS OF BUSINESS DEVELOPMENT COM7 PANIES. 

8 The Investment Company Act of 1940 is amended— 

9 (1) in section 2(a)(46(B) (15 U.S.C. 80a– 

10 2(46)(B)) by striking ‘‘nor a company which would 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 1973 IH

1 be an investment company except for the exclusion 

2 from the definition of investment company in section 

3 3(c) of this title’’; and 

4 (2) in section 60 (15 U.S.C. 80a–59) by strik5 ing ‘‘except that the Commission shall not’’ and in6 serting ‘‘except that— 

7 ‘‘(1) section 12 shall not apply to the pur8 chasing, otherwise acquiring, or holding by a busi9 ness development company of any security issued by, 

10 or any other interest in the business of, any person 

11 who is— 

12 ‘‘(A) an investment adviser registered 

13 under title II of this Act or who is an invest14 ment adviser to an investment company; or 

15 ‘‘(B) an eligible portfolio company as de16 fined in section 2(a)(46) (15 U.S.C. 80a– 

17 2(a)(46)); and 

18 ‘‘(C) the Commission shall not’’. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
2006-0506.

#### Preferred Capital, Inc. v. AI & Lou Builders Supply, Inc.

Summit App. No. 22654, 2006-Ohio-250. Discretionary appeal accepted on Proposition of Law Nos. I and II; cause held for the decision in 2005-2134, *Preferred, Capital, Inc. v. Power Eng. Group, Inc.,*Summit App. Nos. 22475, 22476, 22477, 22478, 22485, 22486, 22487, 22488, 22489, 22497, 22499, 22506 and 22513,163 Ohio App.3d 522, 2005-Ohio-5113; and briefing schedule stayed.

Moyer, C.J., Pfeifer and Lundberg Stratton, JJ., would also accept the appeal on Proposition of Law No. III.

O’Connor, J., would accept the appeal on Proposition of Law No. I only.
###### Editorial Note on Part 1951

#### Editorial Notes:

1. Some of the exhibits referenced in this part 1951 are not published in the Code of Federal Regulations. Exhibits are available in any Rural Development office.

2. Nomenclature changes to part 1951 appear at 80 FR 9890-9894, Feb. 24, 2015.

#### § 1951.266 Special requirements for MFH borrowers.

All requirements of 7 CFR part 3560, subpart K must be met prior to graduation and acceptance of the full payment from an MFH borrower.

[69 FR 69105, Nov. 26, 2004]
###### Editorial Note on Part 1944

#### Editorial Note:

Nomenclature changes to part 1944 appear at 80 FR 9885, Feb. 24, 2015.

#### § 1944.685 [Reserved]
#### §§ 1775.69-1775.99 [Reserved]
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.                  

###### Department of Transportation

###### Federal Aviation Administration

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of Renewal.

# SUMMARY:

                        Pursuant to Section 14(a)(2)(A) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. App. 2), and 5 USC552b (c), and in accordance with § 102-3.65, Title 41 of the Code of Federal Regulations, notice is hereby given that the Commercial Space Transportation Advisory Committee (COMSTAC) has been renewed for a 2-year period beginning November 17, 2010. The primary purpose of the Committee is to provide information, advice, and recommendations to the U.S. Department of Transportation (DOT) on matters concerning the U.S. commercial space transportation industry. The                               ( print page 70348)                            primary goals of the Committee are to evaluate economic, technological, and institutional developments relating to the industry; to provide a forum for the discussion of problems involving the relationship between industry activities and government requirements; and to make recommendations to DOT on issues and approaches for Federal policies and programs regarding the industry. The Committee will operate in accordance with the rules of the Federal Advisory Committee Act and the Department of Transportation, FAA Committee Management Order (1110.30C).                    

# FOR FURTHER INFORMATION, CONTACT:

                        Susan Lender (AST-100), COMSTAC Executive Director, Office of Commercial Space Transportation, 800 Independence Avenue SW., Room 325, Washington, DC 20591, telephone: (202) 267-8029; e-mail:                         *susan.lender@faa.gov.*

Issued in Washington, DC, November 10, 2010.

George C. Nield,

Associate Administrator for Commercial Space Transportation.

[FR Doc. 2010-28885 Filed 11-16-10; 8:45 am]

BILLING CODE 4910-13-P
[Federal Register Volume 75, Number 7 (Tuesday, January 12, 2010)]
[Rules and Regulations]
[Page 1527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-290]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM405, Special Conditions No. 25-394-SC]


Special Conditions: Bombardier, Inc., Model DHC-8-100, -200, -
300, and -400 Series Airplanes; Passenger Seats With Non-Traditional, 
Large, Non-Metallic Panels

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments; correction.

-----------------------------------------------------------------------

SUMMARY: This document makes a correction to a Final special 
conditions; request for comment document, published in the Federal 
Register on June 5, 2009 (74 FR 26946), which issued special conditions 
for the Bombardier, Inc., Model DHC-8-100, -200, -300, and -400 series 
airplanes, for passenger seats with non-traditional, large, non-
metallic panels. The Final special conditions; request for comment 
document, included an incorrect Special Conditions number.

FOR FURTHER INFORMATION CONTACT: Michael Menkin, FAA, Standardization 
Branch, ANM-113, Transport Airplane Directorate, Aircraft Certification 
Service, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
telephone (425) 227-22793 facsimile (425) 227-1230; or e-mail: 
<a href="/cdn-cgi/l/email-protection#a5e8ccc6cdc4c0c98be8c0cbcecccbe5c3c4c48bc2cad3"><span class="__cf_email__" data-cfemail="eaa78389828b8f86c4a78f84818384aa8c8b8bc48d859c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The document designated as ``Docket No. 
NM405, Special Conditions No. 25-283-SC'' was published in the Federal 
Register on June 5, 2009 (74 FR 26946). The document issued special 
conditions pertaining to passenger seats with non-traditional, large, 
non-metallic panels for the Bombardier, Inc., Model DHC-8-100, -200, -
300, and -400 series airplanes.
    As published, the document contained an incorrect Special 
Conditions number; one that was used for a different set of special 
conditions. To correct that problem, the special conditions number 
pertaining to these special conditions is being changed.
    Since no part of the regulatory information has been changed, the 
special conditions are not being republished.

Correction

    In Final special conditions; request for comment document FR Doc. 
E9-13187, published on June 5, 2009 (74 FR 26946), make the following 
correction:
    1. On page 26946, in the first column, fifth line, change No. 25-
283-SC to No. 25-394-SC.

    Issued in Renton, Washington, on December 28, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-290 Filed 1-11-10; 8:45 am]
BILLING CODE 4910-13-P


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**Exhibit 15**

 

February 1, 2008

 

MWIVeterinary Supply, Inc.Meridian, ID

 

We have reviewed,in accordance with the standards of the Public Company Accounting OversightBoard (United States), the unaudited interim financial information of MWIVeterinary Supply, Inc. and subsidiaries for the three-month periods endedDecember 31, 2007 and 2006, as indicated in our report dated January 31,2008; because we did not perform an audit, we expressed no opinion on thatinformation.

 

We are aware thatour report referred to above, which is included in your Quarterly Report on Form 10-Qfor the quarter ended December 31, 2007, is incorporated by reference inRegistration Statement Nos. 333-127879 and 333-127880 on Form S-8 andRegistration Statement No. 333-141078 on Form S-3.

 

We also are awarethat the aforementioned report, pursuant to Rule 436(c) under theSecurities Act of 1933, is not considered a part of the Registration Statementprepared or certified by an accountant or a report prepared or certified by anaccountant within the meaning of Sections 7 and 11 of that Act.

 

 
| /s/ DELOITTE & TOUCHE LLP |
|------------------------------------|
| Boise, Idaho                       |

 

----
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 05-2311

JEAN BOSCO MURENZI, Petitioner,
versus ALBERTO R. GONZALES, Attorney General, Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. (A95-903-144) Submitted: September 25, 2006 Decided: October 16, 2006 Before WILKINSON, NIEMEYER, and WILLIAMS, Circuit Judges. Petition denied by unpublished per curiam opinion. Ivan Yacub, LAW OFFICE OF IVAN YACUB, Falls Church, Virginia, for Petitioner. Peter D. Keisler, Assistant Attorney General, Carol Federighi, Mark L. Gross, Andrew G. Braniff, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).*As Murenzi’s brief raised no claims concerning the denial of withholding of removal or protection under the Convention Against Torture, any such claims are waived. Edwards v. City of Goldsboro , 178 F.3d 231, 241 n.6 (4th Cir. 1999).
- 2 - PER CURIAM: Jean Bosco Murenzi, a native of Uganda and citizen of Rwanda, petitions for review of an order of the Board of Immigration Appeals (Board) affirming without opinion the immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. * Because the Board affirmed under its streamlined process, see 8 C.F.R. § 1003.1(e)(4) (2006), the immigration judge’s decision is the final agency determination. SeeCamara v. Ashcroft , 378 F.3d 361, 366 (4th Cir. 2004). Murenzi challenges the Board’s finding that his testimony was not credible, and that he otherwise failed to meet his burden of proof to qualify for asylum. We will reverse this decision only if the evidence “was so compelling that no reasonable fact finder could fail to find the requisite fear of persecution,” Rusu v. INS , 296 F.3d 316, 325 n.14 (4th Cir. 2002) (internal quotations and citations omitted), and uphold credibility determinations if they are supported by substantial evidence. See Tewabe v. Gonzales , 446 F.3d 533, 538 (4th Cir. 2006). We have reviewed the administr ative record and the Board’s decision and find that substantial evidence supports the- 3 - adverse credibility finding and the ruling that Murenzi failed to establish past persecution or a well-founded fear of future persecution as necessary to establish eligibility for asylum. See 8 C.F.R. § 1208.13(a) (2006) (stating that the burden of proof is on the alien to establish eligibility for asylum); INS v. Elias-Zacarias , 502 U.S. 478, 483 (1992) (same). Accordingly, we deny the petition for review. 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.

PETITION DENIED
#### § 1777.100 OMB control number.

The reporting and recordkeeping requirements contained in this part have been approved by the Office of Management and Budget and assigned OMB control number 0572-0121.