alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
###### Editorial Note on Subchapter C of Chapter II

#### Editorial Note:

Nomenclature changes to subchapter C appear by Amdt. 381, 65 FR 64586, Oct. 30, 2000.

#### § 283.30 Cross motions for summary judgment.

Appeals filed pursuant to this subpart shall be determined upon cross motions for summary judgment unless the matter is heard under subpart B of this part in accordance with § 283.26. Cross motions for summary judgment shall be filed by the parties along with the appeal petition and answer or in accordance with the schedule established by the ALJ pursuant to § 283.29. Motions for summary judgment shall address the issues raised by the pleadings and may be supported by declarations. Motions and accompanying briefs in support of summary judgment shall not exceed 35 pages excluding exhibits unless otherwise authorized by the ALJ. Reply briefs may be filed by the parties in accordance with the schedule established by the ALJ. Reply briefs may not exceed 15 pages in length, excluding exhibits.
#### Vincent Musarella, Respondent, v American President Lines, Ltd., Appellant.

In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County, dated January 29, 1979, which granted plaintiff’s motion to amend the complaint so as to increase the *ad damnum*clause. Order affirmed, with $50 costs and disbursements (see *Hillenbrand v 3801 Review Place,*72 AD2d 554). The defendant may, if it be so advised, conduct a further examination before trial and a physical examination of the plaintiff solely with respect to the physical conditions alleged in the plaintiff’s motion papers. Defendant’s time to notice such examinations is extended until 20 days after service upon it of a copy of the *850order to be made hereon, together with notice of entry thereof. Hopkins, J. P., Titone, Hargett and Weinstein, JJ., concur.
##### 



Exhibit 10.58 FIRST AMENDMENT TO
SECURED PROMISSORY NOTE THIS FIRST AMENDMENT TO SECURED PROMISSORY NOTE (this Amendment), dated as of January 26,
2005, is entered into between Health Holdings & Botanicals, LLC (the Lender), and
NATURADE, INC., a Delaware corporation (the Borrower). RECITALS A. The Borrower and the Lender have entered into a SECURED PROMISSORY NOTE dated as of April 14,
2004, (the Loan Agreement). Capitalized terms used herein have the meanings given to
them in the Loan Agreement unless otherwise specified. B. The Borrower has requested that the Lender amend the payment provisions of the Loan Agreement. AMENDMENT NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows: 2. Amendments to Loan Agreement.  a.
    Effective January 26, 2005 payments on the Loan Agreement will be
amended as follows:  i.
    On or before December 31, 2005 Borrower will
pay principal of $100,000 plus accrued interestii.
    No cash interest will be paid until principal
is paid in full.iii.
    Interest will be compounded on a quarterly
basis. IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date first above
written.
 Naturade, Inc. /s/Stephen M. Kasprisin
Stephen M. Kasprisin
Chief Operating Officer Health Holdings & Botanicals, LLC /s/ Lionel Boissiere
By: Lionel Boissiere
Its: General Partner
<PAGE>   1




                                  EXHIBIT 6.39

                AMENDMENT TO REGULATION S DISTRIBUTION AGREEMENT,
              DATED APRIL 17, 1996, BY AND BETWEEN THE COMPANY AND
                         BERKSHIRE INTERNATIONAL FINANCE




                                                      
<PAGE>   2




                AMENDMENT TO REGULATION S DISTRIBUTION AGREEMENT


    THIS AMENDMENT TO REGULATION S DISTRIBUTION AGREEMENT ("AMENDMENT") is made
this 17th day of April, 1996 by and between KCD HOLDINGS INCORPORATED, a Nevada
corporation, whose main offices are located at 2835 Townsgate Road, Suite 110,
Westlake Village, CA 91361 (hereinafter referred to as "KCD"); and BERKSHIRE
INTERNATIONAL FINANCE, INC., a Delaware corporation (hereinafter referred to as
"BERKSHIRE"), with principal executive offices located at 551 Fifth Avenue,
Suite 605, New York, NY 10017.

                               W I T N E S S E T H

    WHEREAS, KCD and BERKSHIRE have previously executed a Regulation S
Distribution Agreement dated March 29, 1996 (the "Agreement"), and desire to
amend and restate the provisions of Section 1.01 of the Agreement only by means
of this Amendment.

    NOW THEREFORE, in consideration of the mutual promises herein contained, the
parties hereto agree as follows:

    1.    Section 1.01 of the Agreement is hereby amended and restated as 
Follows:

    1.01 BERKSHIRE shall use its "best efforts" to obtain subscriptions for up
to approximately $1,800,000 worth of KCD Common Stock, (the "Securities") in an
offering conducted pursuant to Rule 903 of Regulation S (the "Offering"). The
Offering will consist of a maximum of 1,200,000 shares of Common Stock offered
at a price per share equal to the lesser of (i) 40% below the closing bid price
of the Company's common stock on the day immediately prior to the execution of
the attached Offshore Securities Subscription Agreement by the Purchaser; or
(ii) $1.50 per share. Such subscriptions shall be in the form of a Subscription
Agreement (a copy of which is attached hereto) executed by a prospective
purchaser.

    2.    All of the remaining terms and conditions of the Agreement shall 
remain in full force and effect and shall not be affected by this Amendment.











                         (SIGNATURES ON FOLLOWING PAGE)





<PAGE>   3




    IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have
executed this Amendment.

                            BERKSHIRE INTERNATIONAL FINANCE, INC.


                            By:      _______________________________
                                     John Figliolini, President


                            KCD HOLDINGS INCORPORATED


                            By:      _______________________________
                                     Bonnie Richards, President





                                       -2-
sourceTypeID isLeapYear monthID monthVMTFraction

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N4 0.0823022

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N8 0.0934297

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**        We're sorry but this website doesn't work properly without JavaScript enabled. Please enable        it to continue.      **
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with Amendment No. 2 to Quarterly Report on Form 10-Q/A for the period ended September 30, 2009 of (the Report) of Community Bankers Trust Corporation (the
Company), the undersigned Executive Vice President, who is acting as the Companys principal executive officer, and Executive Vice President and Chief Financial Officer certify, pursuant to 18 U.S.C. §1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that, to their 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 consolidated financial condition and results of operations of the Company and its subsidiaries as of, and for, the periods presented in the Report.



/s/ Rex L. Smith, IIIRex L. Smith, IIIExecutive Vice President(principal executive officer)




/s/ Bruce E. ThomasBruce E. ThomasExecutive Vice President
and Chief Financial Officer


Date: March 3, 2011
The Board of Directors
Sound Advice, Inc.:

We consent to incorporation by reference in the registration statements on Form
S-8 of Sound Advice, Inc. of our report dated September 12, 1997, relating to
the consolidated balance sheets of Sound Advice, Inc. and subsidiaries (the
"Company") as of June 30, 1997 and 1996, and the related consolidated statements
of operations, shareholders' equity and cash flows for each of the years in the
three-year period ended June 30, 1997, and related schedule, which report
appears in the June 30, 1997 annual report on Form 10-K of Sound Advice, Inc.


/s/ KPMG PEAT MARWICK LLP


Fort Lauderdale, Florida
September 25, 1997
Exhibit 31.1

CERTIFICATIONS

I, Randolph Gress, certify that:

1. I have reviewed this Quarterly Report on Form 10-Q of Innophos, Inc. (the registrant);

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this report;

4. The registrants other certifying officers and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)) for the registrant and have:

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end
of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the
registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial reporting; and

5. The registrants
other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):

(a) All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants
internal control over financial reporting.



|                         |  |     |  |                                     
|------------------------ |  | --- |  | ------------------------------------
|Dated: November 14, 2007 |  | By: |  | /s/ RANDOLPH GRESS                  
|                         |  |     |  | Randolph Gress                      
|                         |  |     |  | Chief Executive Officer and Director
|                         |  |     |  | (Principal Executive Officer)
§ 3550.59 Security requirements. Before approving any loan, RHS will impose requirements to secure its interests. ( a ) *Adequate security.* A loan will be considered adequately secured only when all of the following requirements are met: ( 1 ) RHS obtains at closing a mortgage on all ownership interests in the security property or the requirements of § 3550.58 are satisfied.
( 2 ) No liens prior to the RHS mortgage exist at the time of closing and no junior liens are likely to be taken immediately after or at the time of closing, unless the other liens are taken as part of a leveraging strategy or the RHS loan is essential for repairs. Any lien senior to the RHS lien must secure an affordable non-RHS loan. Liens junior to the RHS lien may be allowed at loan closing if the junior lien will not interfere with the purpose or repayment of the RHS loan. When the junior lien involves a grant or a forgivable affordable housing product, the total debt may exceed the market value provided: ( i ) The RHS loan is fully secured (with allowable exceptions for the tax service fee, appraisal fee, homebuyer education and initial escrow for taxes and insurance);
( ii ) The junior lien is for an authorized loan purpose identified in § 3550.52; and
( iii ) The grant or forgivable affordable housing product comes from a recognized grant source such as a Community Development Block Grant or a HOME Investment Partnerships Program (HOME).
( 3 ) The provisions of 7 CFR part 1927, subpart B regarding title clearance and the use of legal services have been followed.
( 4 ) Existing and proposed property improvements are totally on the site and do not encroach on adjoining property.
( b ) *Guaranteed payment.* Mortgage insurance guaranteeing payment from a Government agency or Indian tribe is adequate security.
[61 FR 59779, Nov. 22, 1996, as amended at 67 FR 78330, Dec. 24, 2002; 87 FR 6772, Feb. 7, 2022]
§ 3201.31 Greases. ( a ) *Definitions.* ( 1 ) Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners.
( 2 ) Greases for which preferred procurement applies are: ( i ) *Food grade greases.* Lubricants that are designed for use on food-processing equipment as a protective anti-rust film, as a release agent on gaskets or seals of tank closures, or on machine parts and equipment in locations in which there is exposure of the lubricated part to food.
( ii ) *Multipurpose greases.* Lubricants that are designed for general use.
( iii ) *Rail track greases.* Lubricants that are designed for use on railroad tracks or heavy crane tracks.
( iv ) *Truck greases.* Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots.
( v ) *Greases not elsewhere specified.* Lubricants that meet the general definition of greases as defined in paragraph (a)(1) of this section, but are not otherwise covered by paragraphs (a)(2)(i) through (iv) of this section.
( b ) *Minimum biobased content.* The minimum biobased content for all greases 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. The applicable minimum biobased contents are: ( 1 ) Food grade grease—42 percent.
( 2 ) Multipurpose grease—72 percent.
( 3 ) Rail track grease—30 percent.
( 4 ) Truck grease—71 percent.
( 5 ) Greases not elsewhere specified—75 percent.
( c ) *Preference compliance date.* No later than May 14, 2009, procuring agencies, in accordance with this part, will give a procurement preference for qualifying biobased greases. By that date, Federal agencies that have the responsibility for drafting or reviewing specifications for items to be procured shall ensure that the relevant specifications require the use of biobased greases.
[73 FR 27973, May 14, 2008]
<PAGE>

                                                                    Exhibit 32.1

                            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 Chardan South China Acquisition
Corporation (the "Company") on Form 10-QSB for the period ending September 30,
2006 (the "Report"), as filed with the Securities and Exchange Commission on the
date hereof, I, Dr. Richard D. Propper, Chief Financial Officer and Secretary of
the Company, certify pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to
Sec. 906 of the Sarbanes-Oxley Act of 2002, that:

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

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


/s/ Richard D. Propper                  Dated: November 20, 2006
-------------------------------------
Dr. Richard D. Propper
Chief Financial Officer
(Principal Accounting and Financial
  Officer)
Document No. 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

VS CASE NO. 3:98cr47LAC

THOMAS BRELAND

REFERRAL AND ORDER

Referred to Judge Lacey Collier on May 13, 2008 

Motion/Pleadings: MOTION FOR MODIFICATION OF SENTENCE PURSUANT TO 

TITLE 18 U.S.C. SECTION 3582(c)(2) and REQUEST FOR APPOINTED COUNSEL 

Filed by DEFENDANT PRO SE on5/12/08 Doc.# 199 

RESPONSES:

on Doc.#

on Doc.#

Stipulated Joint Pldg.

Unopposed Consented

WILLIAM M. McCOOL, CLERK OF COURT

s/Mary Maloy

LC (1 OR 2) Deputy Clerk: Mary Maloy

ORDER

Upon consideration of the foregoing, it is ORDERED this 3rd day of

July, 2008, that:

(a) The relief requested is DENIED.

(b) The defendant was held accountable for 7 kilograms of cocaine base which

resulted in a base offense level of 38. Pursuant to Amendment 706 to the

Sentencing Guidelines, the Drug Quantity Table at §2D1.1 assigns a base offense

of 38 for 4.5 kilograms or more of cocaine base. Since the defendant’s base

offense level is unchanged, he is not eligible for any reduction in his sentence

of imprisonment based upon this amendment. 

 s/L.A. Collier

LACEY A. COLLIER

Senior United States District Judge Entered On Docket: By: 

Rules 58 & 79(a) FRCP or 32(d)(1) & 55 FRCRP

Copies sent to:

Case 3:98-cr-00047-LC-MD Document 200 Filed 07/03/08 Page 1 of 1
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

DYLAN EGLESTON, Individually And On Behalf 

Of All Others Similarly Situated,

Plaintiff,

v.

UNIVERSITY OF FLORIDA BOARD OF 

TRUSTEES, AS THE PUBLIC BODY 

CORPORATE OF UNIVERSITY OF FLORIDA, 

and FLORIDA BOARD OF GOVERNORS 

FOUNDATION, INC., 

Defendant.

Case No. 1:20-cv-106-AW/GRJ

PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL

PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), plaintiff 

hereby voluntarily dismisses the above-captioned action (the “Action”). Defendants have filed 

neither an answer nor a motion for summary judgment in the Action, and no class has been 

certified in the Action.

Dated: August 31, 2020

GAINEY McKENNA & EGLESTON

________________________

Thomas J. McKenna

Gregory M. Egleston

501 Fifth Avenue, 19th Floor

New York, NY 10017

Tel.: (212) 983-1300

Fax: (212) 983-0383

Email: tjmckenna@gme-law.com

Email: gegleston@gme-law.com

Case 1:20-cv-00106-AW-GRJ Document 36 Filed 08/31/20 Page 1 of 2
2

Bryan DeMaggio

SHEPPARD, WHITE, KACHERGUS, &

DEMAGGIO, P.A.

215 Washington Street

Jacksonville, FL 32202

Tel: (904) 356-9661 

Fax: (904) 356-9667

Email: sheplaw@sheppardwhite.com

Attorneys for Plaintiff

Case 1:20-cv-00106-AW-GRJ Document 36 Filed 08/31/20 Page 2 of 2
#### § 3418.2 Scope and Purpose.

Section 102(c) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7612(c)) requires land-grant institutions, as a condition of receipt of formula funds, to solicit and consider input and recommendations from stakeholders concerning the use of formula funds. This regulation implements this requirement consistently for all recipient institutions that receive formula funds.