alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 4290
Editorial Note: Nomenclature changes to part 4290 appear at 85 FR 16522, Mar. 24, 2020.

§ 4290.810 Financings in the form of Loans. You are permitted to make Loans to an Enterprise only if: ( a ) The maturity or term of the Loan is five years or less; and
( b ) You determine that making the Loan is necessary to preserve an existing Financing (other than a Loan) in that same Enterprise.
<page>
                                                            Exhibit 31.1

Certification required by Section 302(a) of the Sarbanes-Oxley Act of 2002

I, Kevin T. Knight, President of Nordstrom Credit, Inc., certify that:

1. I have reviewed this report on Form 10-Q of Nordstrom Credit, Inc.;

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 officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-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 officer(s) 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 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.

Date: June 8, 2004                        /s/ Kevin T. Knight
      -------------                       -----------------------------
                                          Kevin T. Knight
                                          President
7.305 Solicitation provisions and contract

clause.

(a) The contracting officer shall, when soliciting offers and tenders, insert in solicitations issued for

standard competitions the provision at 52.207-1, Notice of Standard Competition.

(b) The contracting officer shall, when soliciting offers, insert in solicitations issued for streamlined

competitions the provision at 52.207-2, Notice of Streamlined Competition.

(c) The contracting officer shall insert the clause at 52.207-3, Right of First Refusal of Employment,

in all solicitations which may result in a conversion from in-house performance to contract

performance of work currently being performed by the Government and in contracts that result from

the solicitations, whether or not a public-private competition is conducted. The 10-day period in the

clause may be varied by the contracting officer up to a period of 90 days.

Parent topic: Subpart 7.3 - Contractor Versus Government Performance
Editorial Note on Part 4290
Editorial Note: Nomenclature changes to part 4290 appear at 85 FR 16522, Mar. 24, 2020.

§ 4290.1830 RBIC's Capital Impairment definition and general requirements. ( a ) *Significance of Capital Impairment condition.* If you have a condition of Capital Impairment, you are not in compliance with the terms of your Leverage. As a result, the Agency has the right to impose the applicable remedies for noncompliance in § 4290.1810(g).
( b ) *Definition of Capital Impairment condition.* You have a condition of Capital Impairment if your Capital Impairment Percentage, as computed pursuant to the procedures set forth in § 4290.1840, exceeds 70 percent.
( c ) *Quarterly computation requirement and procedure.* You must determine whether you have a condition of Capital Impairment as of the end of each fiscal quarter. You must notify the Agency promptly if you are Capitally Impaired.
( d ) *The Agency's right to determine RBIC's Capital Impairment condition.* The Agency may make its own determination of your Capital Impairment condition at any time.
17.502-1 General.

(a) Written agreement on responsibility for management and administration—.

(1) Assisted acquisitions.

(i) Prior to the issuance of a solicitation, the servicing agency and the requesting agency shall both

sign a written interagency agreement that establishes the general terms and conditions governing

the relationship between the parties, including roles and responsibilities for acquisition planning,

contract execution, and administration and management of the contract(s) or order(s). The

requesting agency shall provide to the servicing agency any unique terms, conditions, and applicable

agency-specific statutes, regulations, directives, and other applicable requirements for incorporation

into the order or contract. In the event there are no agency unique requirements beyond the FAR,

the requesting agency shall so inform the servicing agency contracting officer in writing. For

acquisitions on behalf of the Department of Defense, also see subpart 17.7. For patent rights, see

27.304-2. In preparing interagency agreements to support assisted acquisitions, agencies should

review the Office of Federal Procurement Policy (OFPP) guidance, Interagency Acquisitions,

available at

https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/assets/OMB/procurement/i

nteragency_acq/iac_revised.pdf .

(ii) Each agency’s file shall include the interagency agreement between the requesting and servicing

agency, and shall include sufficient documentation to ensure an adequate audit consistent with

4.801(b).

(2) Direct acquisitions. The requesting agency administers the order; therefore, no written

agreement with the servicing agency is required.

(b) Business-case analysis requirements for multi-agency contracts and governmentwide acquisition

contracts. In order to establish a multi-agency or governmentwide acquisition contract, a businesscase analysis must be prepared by the servicing agency and approved in accordance with the OFPP

business case guidance, available at

https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/procurement/memo/develo

pment-review-and-approval-of-business-cases-for-certain-interagency-and-agency-specificacquisitions-memo.pdf . The business-case analysis shall—

(1) Consider strategies for the effective participation of small businesses during acquisition planning

(see 7.103(u));

(2) Detail the administration of such contract, including an analysis of all direct and indirect costs to

the Government of awarding and administering such contract;

(3) Describe the impact such contract will have on the ability of the Government to leverage its

purchasing power, e.g., will it have a negative effect because it dilutes other existing contracts;

(4) Include an analysis concluding that there is a need for establishing the multi-agency contract;

and
(5) Document roles and responsibilities in the administration of the contract.

Parent topic: 17.502 Procedures.
Amendment No. 1 to

SkyTerra Communications, Inc.

2006 Equity and Incentive Plan

 

THIS AMENDMENT NO. 1 is made to the SkyTerra Communications, Inc. 2006 Equity and Incentive Plan (the “Equity Plan”) effective as of July 24, 2008. Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Equity Plan.

WHEREAS, the Board of Directors of SkyTerra Communications, Inc. (the “Company”) has previously adopted the Equity Plan;

WHEREAS, Section 15 of the Equity Plan provides in relevant part that the Board of Directors of the Company (the “Board”) may at any time amend the Equity Plan in any respect whatsoever, subject to stockholder approval if required under applicable law; provided, that no such amendment may adversely affect the rights of a Participant under any outstanding Award without such        Participant’s consent;

WHEREAS, the Board has determined that it is in the best interests of the Company and its stockholders to amend the Plan as provided herein; and

WHEREAS, the Board has further determined that (i) stockholder approval of the amendment set forth herein is not required by applicable law and (ii) no Participant’s rights under outstanding Awards are adversely affected by such amendment;

NOW THEREFORE, pursuant to its authority under Section 15 of the Equity Plan, Section 4(c) of the Equity Plan is amended in its entirety to read as follows:

In the event that the Committee shall determine that any dividend or other distribution (whether in the form of cash, Common Stock, or other property), re-capitalization, Common Stock split, reverse Common Stock split, reorganization, merger, consolidation, spin-off, combination, repurchase, share exchange,**rights offering made on the same terms to all Company        stockholders*****,***or other similar corporate transaction or event, makes an adjustment appropriate in order to prevent dilution or enlargement of the rights of Participants under the Plan, then the Committee shall make such equitable changes or adjustments as it in its good faith discretion deems necessary or appropriate to any or all of (1) the number and kind of shares of Common Stock or other securities which may thereafter be        issued in connection with Awards, (2) the number and kind of shares of Common Stock, securities or other property issued or issuable in respect of outstanding Awards, (3) the exercise price, grant price or purchase price relating to any Award, and (4) the maximum number of shares subject to Awards which may be awarded to any employee during any tax year of the Company;*provided*that, with respect to Incentive Stock Options,

 

1

 

 

----

any such adjustment shall be made in accordance with Section 424 of the Code.

Except as amended hereby, the Equity Plan shall remain in full force and effect.

 

| SKYTERRA COMMUNICATIONS, INC. |
|-------------------------------|
|                          |   |
|                          |   |
| By:                           | /s/ Randy Segal |
|                          | Randy Segal |
| Title:                        | SVP, General Counsel and Secretary |

 

 

2
#### Dorothy Stevenson, Appellant, v. John J. Stevenson, as Executor of Mary F. McDermott, Deceased, Respondent, et al., Defendant.

In an action to adjudge a deed to be in fact a mortgage and for related relief, plaintiff appeals from a judgment of the Supreme Court, Nassau County, dated May 23, 1968, which dismissed the complaint after a nonjury trial. Judgment affirmed, with costs. In our opinion, plaintiff failed to establish her cause of action by “clear and conclusive evidence” *(Ensign*v. *Ensign,*120 N. Y. 655, 656). Moreover, she was guilty of laches in not challenging the validity of the document in question until 1967. The deed was executed in 1953 and plaintiff *676did not institute the instant action until some two years after the death of the grantee, respondent’s testatrix, in 1965. Under these circumstances it was prejudicial to make the executor of her estate defend this action. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.
```

[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Notices]
[Pages 71715-71716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29680]

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

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

Accreditation and Approval of SGS North America, Inc., as a 
Commercial Gauger and Laboratory

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice of accreditation and approval of SGS North America, 
Inc., as a commercial gauger and laboratory.

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

SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 
CFR 151.13, SGS North America, Inc., 8985 Columbia Road, Port 
Canaveral, FL 32920, has been approved to gauge and accredited to test 
petroleum and petroleum products for customs purposes, in accordance 
with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing 
to employ this entity to conduct laboratory analyses and gauger 
services should request and receive written assurances from the entity 
that it is accredited or approved by the U.S. Customs and Border 
Protection to conduct the specific test or gauger service requested. 
Alternatively, inquires regarding the specific test or gauger service 
this entity is accredited or approved to perform may be directed to the 
U.S. Customs and Border Protection by calling (202) 344-1060. The 
inquiry may also be sent to [email protected]. Please reference the Web 
site listed below for a complete listing of CBP approved gaugers and 
accredited laboratories.
    http://cbp.gov/xp/cgov/import/operations_support/labs_scientific_svcs/commercial_gaugers/.

DATES: The accreditation and approval of SGS North America, Inc., as 
commercial gauger and laboratory became effective on September 09, 
2010. The next triennial inspection date will be scheduled for 
September 2013.

[[Page 71716]]

FOR FURTHER INFORMATION CONTACT: Anthony Malana, Laboratories and 
Scientific Services, U.S. Customs and Border Protection, 1300 
Pennsylvania Avenue, NW., Suite 1500N, Washington, DC 20229, 202-344-
1060.

    Dated: November 16, 2010.
Ira S. Reese,
Executive Director, Laboratories and Scientific Services.
[FR Doc. 2010-29680 Filed 11-23-10; 8:45 am]
BILLING CODE 9111-14-P
```
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

HORATIO MANDUS NIMLEY,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 340 MAL 2015

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 29th day of July, 2015, the Petition for Allowance of Appeal is

DENIED.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 7218** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. PERCIVAL NORMAN FENTON , Defendant

- Appellant
.

Appeal from the United States District Court for the West ern District of Virginia , at Harrisonburg
. Glen E. Conrad , Chief District Judge. ( 5:07

- cr - 00025

- GEC

- BWC

- 1; 5:11

- cv - 80354

- GEC )

Submitted : November 17, 2011 Decided: November 23, 2011

Before KING, DAVIS, and WYNN , Circuit Judges.

Dismissed by un p ublished per curiam opinion
. Percival Norman Fenton, Appellant Pro Se. Grayson A. Hoffman, Assistant United States Attorney, Harrisonburg, Virginia; Rick A. Mountcastle, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.
Unpublish ed opinions are not binding precedent in this circuit.2 PER CURIAM: Percival Norman Fenton seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C. A. § 2255 (West Supp. 2011) motion. The order is not appealable unless a circuit jus tice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (B) (2006) . A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006)
. When the distric t court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000 ); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that
Fenton has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We disp ense with oral argument because the facts and legal3 contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
<PAGE>   1

                                                                    Exhibit 23.2

                       CONSENT OF INDEPENDENT ACCOUNTANTS

     We consent to the incorporation by reference in the Registration Statements
(Form S-8 File Nos. 33- 9756, 33-19289, 33-28059, 33-43156 and 33-65363)
pertaining to the 1986 Employee Stock Purchase Plan, the 1987 Stock Plan, the
1987 Stock Plan, as amended, the 1986 Employee Stock Purchase Plan as amended,
and the Amended and Restated 1986 Employee Stock Purchase Plan and 1995 Director
Stock Option Plan, respectively, of Fluor Daniel GTI, Inc., formerly Groundwater
Technology, Inc., of our report dated December 10, 1996, with respect to the
consolidated financial statements of Fluor Daniel Environmental Services, Inc.
included in the Annual Report (Form 10-K) of Fluor Daniel GTI, Inc. for the year
ended October 31, 1997.


                                                           /s/ ERNST & YOUNG LLP

Orange County, California
January 27, 1998


                                     


<PAGE>   2




                                                                    Exhibit 23.2


                         CONSENT OF INDEPENDENT AUDITORS

     We consent to the incorporation by reference in the Registration Statements
(Form S-8 File Nos. 33- 9756, 33-19289, 33-18059, 33-43156 and 33-65363)
pertaining to the 1986 Employee Stock Purchase Plan, the 1987 Stock Plan, the
1987 Stock Plan, as amended, the 1986 Employee Stock Purchase Plan as amended,
and the Amended and Restated 1986 Employee Stock Purchase Plan and 1995 Director
Stock Option Plan, respectively, of Fluor Daniel GTI, Inc., formerly Groundwater
Technology, Inc., of our report dated November 25, 1997, with respect to the
consolidated financial statements and schedule of Fluor Daniel GTI, Inc.
included in the Annual Report (Form 10-K) for the year ended October 31, 1997.


                                                           /s/ ERNST & YOUNG LLP


Boston, Massachusetts
January 27, 1998
#### §§ 1740.82-1740.93 [Reserved]
###### Editorial Note on Part 47

#### Editorial Note:

Nomenclature changes to part 47 appear at 64 FR 38108, July 15, 1999.

#### § 47.10 Docketing of proceeding.

Immediately following the expiration of the period of time heretofore prescribed for the filing of the answer or reply, the Fruit and Vegetable Programs shall transmit all of the papers which have been filed in the proceeding to the Hearing Clerk, who shall assign a docket number to the proceeding. Thereafter the proceeding may be identified by such number.
#### § 3300.46 Response to application for approval.

The Administrator will, within 30 days of receipt of an application and any relevant information required, advise the applicant whether or not the facility is approved as a testing laboratory. Approval is for a 5-year period from date of approval.
Dated:  March 29, 2007                                                                            In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties:By: /s/      E. Todd Whittemore                                                              Title:Executive Vice President, Master ServicingAurora Loan Services LLC,   as Master ServicerI, E. Todd Whittemore, certify that:1.  I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of  First Franklin Mortgage Loan Trust 2006-FF12 (the "Exchange Act periodic reports");2.  Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;4.  I am responsible for reviewing the activities performed by the servicers and based on my knowledge and the compliance reviews conducted in preparing the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements in all material respects; and5.  All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.E. Todd Whittemore**Exhibit 31 : Sarbanes-Oxley Certification**Assurant Inc., as Sub-Contractor for Home Loan Services, Inc. f/k/a National City Home Services, Inc.First American Real Estate Solutions of Texas, L.P., as Sub-Contractor for Home Loan Services, Inc. f/k/a National City Home Services, Inc.Home Loan Services, Inc. f/k/a National City Home Services, Inc., as ServicerOffice Tiger Global Real Estate Services, Inc., as Credit Risk ManagerU.S. Bank National Association, as Trustee, Paying Agent and CustodianRegulus Group LLC, as Sub-Contractor for Home Loan Services, Inc. f/k/a National City Home Services, Inc.
Order filed, May 20, 2019

.

In The



## Fourteenth Court of Appeals

____________

NO. 14

- 19

- 00373

- CR

____________

THE STATE OF TEXAS , Appellant

V.

JASPER ROBIN CHEN , Appellee

On Appeal from the Co unty Crim inal C our t at Law No. 16

Harris County, Texas

Tri al Court Cause No. 2233753



### ORDER

The reporter’s record in this case was due May 13, 2019

. See Tex. R. App.

P. 35.1. The court has not received a request to extend time for filing the record.

The record has not been filed with the court. Because the reporter’s record has not

been filed timely, we issue the following order.

We order Mabarak Oladejo , the official court reporter, to file the record in

this appeal within 10 days of the date of this order

.

PER CURIAM
#### §§ 4279.31-4279.43 [Reserved]