alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Third Amendment Credit Agreement between City National Bank and Registrant



 EXHIBIT 10.19 
 

 
  
 THIRD AMENDMENT TO CREDIT
AGREEMENT 
  
 This Third Amendment to Credit Agreement is
entered into as of January 26, 2005, by and between Digital Insight Corporation, a Delaware corporation (“Borrower”), and City National Bank, a national banking association (“CNB”). 
  
 RECITALS 
  
 A. Borrower and CNB are parties to that certain Credit Agreement, dated as of October 25, 2002, as amended by that certain
First Amendment to Credit Agreement dated as of October 31, 2003 and that certain Second Amendment to Credit Agreement dated as of October 29, 2004, (the Credit Agreement, as herein amended, hereinafter the “Credit Agreement”). 

 
 B. Borrower and CNB desire to supplement and amend the Credit Agreement as
hereinafter set forth. 
  
 NOW, THEREFORE, the parties
agree as follows: 
  

	1.	 	Definitions. Capitalized terms used in this Amendment without definition shall have the meanings set forth in the Credit Agreement. 

  

	2.	 	Amendments. The Credit Agreement is amended as follows: 

  

	 	2.1	 	Paragraph 5.2.1 is amended as follows: 60 days changed to 45 days. 

  

	 	2.2	 	Paragraph 5.2.2 is amended as follows: 120 days changed to 90 days 

  

	 	2.3	 	Paragraph 5.2.4 is replaced in its entirety as follows: 

  

	 	    	 	A Covenant Compliance Certificate concurrently with the reports required under Paragraphs 5.2.1 and 5.2.2. 

  

	3.	 	Existing Agreement. Except as expressly amended herein, the Credit Agreement shall remain in full force and effect, and in all other respects is affirmed.


  

	4.	 	Conditions Precedent. This Amendment shall become effective upon the receipt by CNB of this Amendment duly executed by Borrower. 

  

 1 









	5.	 	Counterparts. This Amendment may be executed in any number of counterparts, and all such counterparts taken together shall be deemed to constitute one and the same
instrument. 

  

	6.	 	Governing Law. This Amendment and the rights and obligations of the parties hereto shall be construed in accordance with, and governed by the laws of the State of
California. 

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

					
	“Borrower”	 	 Digital Insight Corporation, a
 Delaware corporation

			
	 	 	By:	 	 /s/ Tae J. Rhee


	 	 	Name/Title: Tae J. Rhee, Secretary
		
	 “CNB”
	 	City National Bank, a national banking association
			
	 	 	By:	 	 /s/ Sajeda Simjee


	 	 	 	 	Sajeda Simjee, Vice President

  

 2
#### Laubenthal, Appellee, *v.*Midwestern Indemnity Company, Appellee; State Farm Mutual Automobile Insurance Company, Appellant.

[Cite as *Laubenthal v. Midwestern Indemn. Co.*(1998), 83 Ohio St.3d 429.]

(Nos. 98-1123 and 98-1142

Submitted August 19, 1998

Decided October 28, 1998.)

*Robison, Curphey & O’Connell*and *Edwin A. Coy,*for appellee Midwestern Indemnity Company.

*Manaban, Pietrykowski, Bamman & Delaney*and *Stephen F. Ahem,*for appellant.

The discretionary appeal in case No. 98-1123 is allowed.

The certified conflict in case No. 98-1142 is allowed.

Case Nos. 98-1123 and 98-1142 are consolidated by this court.

The judgment of the court of appeals is affirmed on the authority of *Ross v. Farmers Ins. Group of Cos.*(1998), 82 Ohio St.3d 281, 695 N.E.2d 732.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lcjndberg Stratton, JJ., concur.
Page 1 of 3

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

ADRIAN FRANCIS WILLIAMS,

Plaintiff,

v. Case No. 4:20-cv-288-TKW/MAF

LESLIE BURCH, et al.,

Defendants.

/

O R D E R

This case is before the Court based on the magistrate judge’s Report and 

Recommendation (R&R) (Doc. 133) and Plaintiff’s objections (Doc. 134). The 

Court reviewed the issues raised in the objections de novo as required by 28 U.S.C. 

§636(b)(1) and Fed. R. Civ. P. 72(b)(3).

It is not entirely clear what specific portions of the R&R that Plaintiff is 

objecting to because his single-spaced handwritten objections span 13 pages and are 

hard to read and even harder to understand. However, it appears that Plaintiff is 

primarily objecting to the dismissal of his claims for money damages and the alleged 

denial of his “discovery rights.”

With respect to the dismissal of the claims for money damages, the fifth 

amended complaint clearly shows that the individual defendants were sued in their 

official capacities, not their individual capacities. It is well established that a suit 

Case 4:20-cv-00288-TKW-MAF Document 138 Filed 03/28/22 Page 1 of 3
Page 2 of 3

against a state official in his or her official capacity is effectively a suit against the 

State and it is equally well established that (with limited exceptions) the Eleventh 

Amendment bars suits for money damages against a State in federal court. None of 

the exceptions to Eleventh Amendment immunity that would allow Plaintiff to 

pursue money damages against the State are present in this case. Thus, the claims 

for money damages are due to be dismissed.

With respect to the denial of discovery rights, this case is being remanded to 

the magistrate judge for further proceedings on the claims against the remaining 

defendants. Those further proceedings include discovery. If it turns out that the 

evidence produced in discovery shows that Plaintiff might have claims against the 

defendants who have been dismissed (or others), he may seek leave from the 

magistrate judge to further amend his complaint to assert such claims.

To the extent that Plaintiff is challenging any of the other rulings in the R&R, 

the Court fully agrees with the magistrate judge’s legal analysis and recommended 

disposition of Defendants’ motions to dismiss.

Accordingly, it is ORDERED that:

1. Plaintiff’s objections to the R&R are overruled and the R&R is adopted 

and incorporated by reference in this Order.

2. Defendants’ motions to dismiss (Docs. 95, 116) are DENIED in part

with respect to the Eighth Amendment claims against Defendants Burch, Carter, 

Case 4:20-cv-00288-TKW-MAF Document 138 Filed 03/28/22 Page 2 of 3
Page 3 of 3

Mevin, Hancock, and the Jane Doe housing sergeant; and GRANTED in part with 

respect to all other claims and all claims for money damages.

3. This case is recommitted to the magistrate judge for further 

proceedings.

DONE and ORDERED this 28th day of March, 2022.

T. Kent Wetherell, II 

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE

Case 4:20-cv-00288-TKW-MAF Document 138 Filed 03/28/22 Page 3 of 3
§ 3201.75 Air fresheners and deodorizers. ( a ) *Definition.* Products used to alleviate the experience of unpleasant odors by chemical neutralization, absorption, anesthetization, or masking.
( b ) *Minimum biobased content.* The Federal preferred procurement product must have a minimum biobased content of at least 97 percent, which shall be based on the amount of qualifying biobased carbon in the product as a percent of the weight (mass) of the total organic carbon in the finished product.
( c ) *Preference compliance date.* No later than April 4, 2013, procuring agencies, in accordance with this part, will give a procurement preference for qualifying biobased air fresheners and deodorizers. By that date, Federal agencies that have the responsibility for drafting or reviewing specifications for products to be procured shall ensure that the relevant specifications require the use of biobased air fresheners and deodorizers.
[77 FR 20289, Apr. 4, 2012]
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.                  

###### Overseas Private Investment Corporation

                    OPIC's Sunshine Act notice of its Public Hearing in Conjunction with each Board meeting was published in the                     **Federal Register**                     (Volume 75, Number 210, Page 67145) on November 1, 2010. No requests were received to provide testimony or submit written statements for the record; therefore, OPIC's public hearing scheduled for 2 PM, November 24, 2010 in conjunction with OPIC's December 9, 2010 Board of Directors meeting has been cancelled.                

# CONTACT PERSON FOR INFORMATION:

                        Information on the hearing cancellation may be obtained from Connie M. Downs at (202) 336-8438, via facsimile at (202) 218-0136, or via e-mail at                         *Connie.Downs@opic.gov.*

 November 19, 2010.

Connie M. Downs,

OPIC Corporate Secretary.

[FR Doc. 2010-29580 Filed 11-19-10; 11:15 am]

BILLING CODE 3210-01-P
###### Editorial Note on Part 3402

#### Editorial Note:

Nomenclature changes to part 3402 appear at 76 FR 4807, Jan. 27, 2011.

#### § 3402.3 Institutional eligibility.

Applications may be submitted by land-grant colleges and universities, by colleges and universities having significant minority enrollments and a demonstrable capacity to carry out the teaching of food and agricultural sciences, and by other colleges and universities having a demonstrable capacity to carry out the teaching of food and agricultural sciences. All applicants must be institutions that confer a graduate degree in at least one area of the food and agricultural sciences targeted for National Needs Fellowships, that have a significant on-going commitment to the food and agricultural sciences generally, and that have a significant ongoing commitment to the specific subject area for which a grant application is made. It is the objective to award grants to colleges and universities which have notable teaching and research competencies in the food and agricultural sciences. The Graduate Fellowships are specifically intended to support programs that encourage outstanding students to pursue and complete a graduate degree at such institutions in an area of the food and agricultural sciences for which there is a national need for the development of scientific and professional expertise. The postdoctoral Fellowships are designed to support academic programs that provide additional training and mentoring to USDA Graduate Fellows and have notable teaching and research competencies in the NIFA designated national need areas. Institutions which currently have excellent programs of graduate study and training in the food and agricultural sciences dealing with targeted national needs are particularly encouraged to apply for all National Needs Fellowships.
#### § 3555.209 Rural Energy Plus loans.

Loans guaranteed under Rural Energy Plus provisions are for the purchase of energy-efficient homes. Homes that meet the most current IECC standards including existing homes that are retrofitted to those standards are eligible. Energy-efficient homes result in lower utility bills, conserve energy, and thus, make more income available for monthly debt obligations. For loans guaranteed under this subpart, the lender will certify that the home meets the most current IECC standards. The Handbook will define what further flexibilities can be extended.
98-1507.

#### State v. Morgan.

Marion App. No. 9-98-16. On review of order certifying a conflict. The court determines that a conflict exists; *sua sponte,*cause held for the decision in 97-1985, *State v. Cook,*Allen App. No. 1-97-21; briefing schedule stayed.
#### § 352.7 Notice of arrival.

Immediately upon arrival of any shipment of plants or plant products (including noxious weeds) subject to this part and covered by a specific permit, the importer shall submit to an inspector notice of such arrival using a form provided for that purpose (Form PPQ-368) and, where relevant, the proposed routing to the proposed U.S. port of exit. Forms will be submitted using a U.S. Government electronic information exchange system or other authorized method. Notice of arrival shall not be required for other products or articles subject to this part since other available documentation meets the requirement for this notice.

(Approved by the Office of Management and Budget under control number 0579-0049)

[81 FR 40150, June 21, 2016]
#### § 3.47 Offset against amounts payable from Civil Service Retirement and Disability Fund.

Upon providing the Office of Personnel Management (OPM) written certification that a debtor has been afforded the procedures provided in § 3.41, creditor agencies may request OPM to offset a debtor's anticipated or future benefit payments under the Civil Service Retirement and Disability Fund (Fund) in accordance with regulations codified at 5 CFR 831.1801 through 831.1808. Upon receipt of such a request, OPM will identify and “flag” a debtor's account in anticipation of the time when the debtor requests, or becomes eligible to receive, payments from the Fund.
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 Quarterly Report of MagnaChip Semiconductor LLC (the Company) on Form 10-Q for the period ending June 29, 2008,
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert J. Krakauer, President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to
§906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

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

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



|                                     
|-------------------------------------
|/s/ Robert J. Krakauer               
|Robert J. Krakauer                   
|President and Chief Financial Officer
|August 12, 2008
EX-3.6
      CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION

                        Certificate of Amendment to
                         Articles of Incorporation
                       For Nevada Profit Corporation
      (Pursuant to NRS 78.385 and 78.390 - After Issuance of Stock)

1.  Name of corporation: Justwebit.com, Inc.

2.  The articles have been amended as follows (provide article
numbers, if available):

     Article IV: Stock.  The aggregate number of shares which the
     corporation shall have authority to issue is 250,000,000 shares
     at a par value of .001 per share.    All stock when issued shall
     be fully paid and non-assessable.

3.  The vote by which the stockholders holding shares in the
corporation entitling them to exercise at least a majority of the
voting power, or such greater proportion of the voting power as may be
required in the case of a vote by classes or series, or as may be
required by the provisions of the articles of incorporation have voted
in favor of the amendment is: 27,316,644 *

4.  Officer Signature (Required)


/s/  Gregory T. Johnson                  /s/  Gary Borglund
President                                Secretary

* If any proposed amendment would alter or change any preference or
any relative or other right given to any class or series of
outstanding shares, then the amendment must be approved by the vote,
in addition to the affirmative vote otherwise required, of the holders
of shares representing a majority of the voting power of each class or
series affected by the amendment regardless of limitations or
restrictions on the voting power thereof.

IMPORTANT: Failure to include any of the above information and remit
the proper fees may cause this filing to be rejected.
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Christopher LoPresti

1 Grand Court

Colts Neck, NJ 07722

Exemption #13467

Amendment 

BASIS FOR THE AMENDMENT TO EXEMPTION #13467

I, Christopher LoPresti, received a 333 Exemption #13467 to operate DJI Phantom 3 

aircrafts and 3DR Solo aircrafts for aerial photography, aerial inspections, aerial data 

collection, and aerial photography for events and promotional purposes. The aircrafts

listed above are appropriate for certain missions, but not for all missions. I am

requesting an amendment to Exemption #13467 to operate additional UAS aircraft. I will 

continue to use 3DR Solo and the DJI Phantom 3 technology when necessary. I am

requesting that additional UAS aircraft be added to the existing exemption by means of 

an amendment.

The additional aircraft and UAS systems that I would like to add to my exemption 

#13467 are as follows:

Yuneec Typhoon Q5004K

Yuneec Typhoon Q500G

Yuneec Tornado H920

DJI Inspire 1

All of the above systems have limited flying time capabilities (approximately 20-30 

minutes of flight on a single charge), do not carry anything other than a camera, operate 

by battery power, and do not carry flammable fuel. In fact, in the event of the loss of 

communications with the pilot, these devices are programmed to “return to home” 

and/or travel a pre-determined route to land safely.

Summary for Federal Register publication.

The rules from which Christopher LoPresti seeks exemption: 
Conditions and limitations #1 of exemption # 13467

A. Brief description of the nature of the amendment Christopher LoPresti 

seeks:

Christopher LoPresti seeks an amendment to exemption #13467 to operate 

additional small UAS aircraft with an equivalent level of safety. The amendment 

requests use of a proprietary designs to perform aerial photography, aerial 

inspections, aerial data collection, and aerial photography for events and 

promotional purposes. I understand the only part of exemption #13467 that will 

be amended is section 1 of the conditions and limitations listed on the 

exemption.

I ams requesting an amendment to #1 of the conditions and limitations issued with 

exemption #13467 to include several new UAS aircraft. If you have any questions, 

please do not hesitate to contact my at christophers@terrestrialimaging.com.

Sincerely,

Christopher LoPresti
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ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION F14

CONCERNING

CONFLICT OF INTEREST

(9VAC5 CHAPTER 80)

Adoption Date: September 5, 2014

Effective Date: November 19, 2014

The following table lists the specific provisions of the attached regulations that will be 

used to implement the State Implementation Plan (SIP). Highlighted provisions are 

included for information purposes only and are not to be construed as part of the 

Commonwealth's SIP, nor are any provisions directly related to the highlighted 

provisions to be considered as part of the SIP. A copy of the actual regulation 

submitted for approval and incorporation by reference into the Virginia SIP is included in 

Enclosure 2; details concerning the specific provisions that are not to be included in the 

Virginia SIP are noted in this copy.

CHAPTER 170 GENERAL ADMINISTRATION

PART I DEFINITIONS

9VAC5-170-20 Terms defined

Added - disclosure form, potential conflict of interest

PART IX CONFLICT OF INTEREST (added)

9VAC5-170-210 General (added)

Subsection B

TEMPLATES\SIP-REG\REG01

SIP\ASSESSMENT\F14-SIP-1.DOC