alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
32.502-4 Contract clauses.       (a)                                                         (1) 								                Insert the clause at 52.232-16, Progress Payments, in-                                                                           (i) 										                    Solicitations that may result in contracts providing for progress payments based on costs; and                                                                              (ii) 										                    Fixed-price contracts under which the Government will provide progress payments based on costs.                                                                                                           (2) 								                If advance agency approval has been given in accordance with 32.501-1, the contracting officer may substitute a different customary rate for other than small business concerns for the progress payment and liquidation rate indicated.                                                            (3) 								                If an unusual progress payment rate is approved for the prime contractor (see 32.501-2), substitute the approved rate for the customary rate in paragraphs (a)(1), (a)(6), and (b) of the clause.                                                            (4) 								                If the liquidation rate is changed from the customary progress payment rate (see 32.503-8 and 32.503-9), substitute the new rate for the rate in paragraphs (a)(1), (a)(6), and (b) of the clause.                                                            (5) 								                If an unusual progress payment rate is approved for a subcontract (see 32.504(c) and 32.501-2), modify paragraph (j)(6) of the clause to specify the new rate, the name of the subcontractor, and that the new rate shall be used for that subcontractor in lieu of the customary rate.                                                                             (b) 						            If the contractor is a small business concern, use the clause with its AlternateI.                                          (c) 						            If the contract is a letter contract, use the clause with its AlternateII.                                          (d) 						            If the contractor is not a small business concern, and progress payments are authorized under an indefinite-delivery contract, basic ordering agreement, or their equivalent, use the clause with its AlternateIII.                                          (e) 						            If the nature of the contract necessitates separate progress payment rates for portions of work that are clearly severable and accounting segregation would be maintained (*e.g.,* annual production requirements), describe the application of separate progress payment rates in a supplementary special provision within the contract. The contractor must submit separate progress payment requests and subsequent invoices for the severable portions of work in order to maintain accounting integrity.    **Parent topic:** 32.502 Preaward matters.
13.402 Conditions for use.

If the conditions in paragraphs (a) through (f) of this section are present, the fast payment

procedure may be used, provided that use of the procedure is consistent with the other conditions of

the purchase. The conditions for use of the fast payment procedure are as follows:

(a) Individual purchasing instruments do not exceed $35,000, except that executive agencies may

permit higher dollar limitations for specified activities or items on a case-by-case basis.

(b) Deliveries of supplies are to occur at locations where there is both a geographical separation and

a lack of adequate communications facilities between Government receiving and disbursing

activities that will make it impractical to make timely payment based on evidence of Government

acceptance.

(c) Titleto the supplies passes to the Government-

(1) Upon delivery to a post office or common carrier for mailing or shipment to destination; or

(2) Upon receipt by the Government if the shipment is by means other than Postal Service or

common carrier.

(d) The supplier agrees to replace, repair, or correct supplies not received at destination, damaged

in transit, or not conforming to purchase requirements.

(e) The purchasing instrument is a firm-fixed-price contract, a purchase order, or a delivery order for

supplies.

(f) A system is in place to ensure-

(1) Documentation of evidence of contractor performance under fast payment purchases;

(2) Timely feedback to the contracting officer in case of contractor deficiencies; and

(3) Identification of suppliers that have a current history of abusing the fast payment procedure (also

see subpart 9.1).

Parent topic: Subpart 13.4 - Fast Payment Procedure
**Exhibit 23.1**

 

Consent of IndependentRegistered Public Accounting Firm

 

 

 

Alliance Bancorp, Inc. of Pennsylvania

Broomall, Pennsylvania

 

 

 

                We hereby consentto the incorporation by reference in the Registration Statement onForm S-8 (No. 333-140321) of Alliance Bancorp, Inc. ofPennsylvania of our report dated March 18, 2008, relating to theconsolidated financial statements, which appears in this Form 10-K.

 

/s/ Beard MillerCompany LLP

 

Beard Miller Company LLP

Malvern, Pennsylvania

March 19, 2008

 

 

 

----
§ 3560.505 Agency loans to finance purchases of REO properties. ( a ) Agency loans to finance the purchase of REO property designated to be sold as program property must meet the same requirements as specified in subparts A and B of this part. In addition, the following provisions apply. ( 1 ) At the borrower's option, the interest rate will be the prevailing rate at the time of loan approval or the prevailing rate at loan closing.
( 2 ) Purchasers may pay closing costs from their own funds or, if allowable under subparts B, L, or M of this part, as applicable, may finance such costs as part of the Agency loan.
( b ) Agency loans to finance the purchase of REO property designated to be sold as non-program property must meet the following terms. ( 1 ) A down payment of not less than 10 percent of the purchase price is required at closing.
( 2 ) The interest rate will equal the lesser of the prevailing interest rate at the time of loan approval or loan closing for MFH loans plus one-half percent.
( 3 ) The note amount will be amortized over a period not to exceed 10 years. If the Agency determines that more favorable terms are necessary to facilitate the sale, the note amount may be amortized using a 30-year factor with payment in full due no later than 10 years from the date of closing (balloon payment). In no case will the term be longer than the useful life of the property.
( 4 ) Agency loans to finance the purchase of non-program REO property are subject to the availability of funds.
( c ) Loan limits and allowable uses of loan funds specified in subparts B, L, and M of this part, as applicable, are applicable to any Agency-financed (credit) sale of REO property.
( d ) Title clearance and loan closing for an Agency financed sale and any subsequent loan to be closed simultaneously with the sale must meet the requirements in subpart B of this part for an initial loan, with the following exceptions: ( 1 ) A “Quit Claim” or other non-warranty deed will be used; and
( 2 ) The buyer must pay attorney's fees, insurance costs, recording fees and other customary fees unless they are included in a subsequent loan and the subsequent loan is for purposes other than closing costs and fees.
( e ) After approval of an Agency-financed sale of occupied REO property designated to be sold as program property, but prior to closing, the purchaser must prepare a budget for housing operations in accordance with subpart B of this part. If a rent increase is necessary, procedures specified in subparts E and F of this part for calculating rents, net tenant contributions, and rental assistance will be followed by the borrower.
Exhibit 33.3



ASSERTION OF COMPLIANCE WITH APPLICABLE SERVICING CRITERIA



The Bank of New York, The Bank of New York Trust Company, N. A. and The Bank of New York
(Delaware) (collectively, the Company) provide this platform-level assessment of compliance with the servicing criteria specified in Item 1122(d) of Regulation AB promulgated by the Securities and Exchange Commission.



Management has determined that the following servicing criteria are applicable in regards to
the following servicing platform for the following period:



Platform:
Publicly-issued (i.e., transaction-level reporting initially required under the Securities Exchange Act of 1934, as amended) asset-backed securities issued on or after January 1, 2006 (and like-kind transactions issued prior to January 1,
2006) for which the Company provides trustee, securities administration, or paying agent services, other than residential mortgage-backed securities and other mortgage-related asset-backed securities. The platform includes like-kind transactions for
which the Company provided trustee, securities administrator, or paying agent services as a result of the Companys acquisition as of October 1, 2006 of portions of JPMorgan Chase Bank, N.A.s corporate trust business, including
structured finance agency and trust transactions.



Applicable Servicing
Criteria: All servicing criteria set forth in Item 1122(d), to the extent required by the related transaction agreements as to any transaction, except for the following criteria: 1122 (d) (1) (ii), (iii), (iv), (2) (iii),
(vi), (4) (vi), (vii), (viii), (x), (xi), (xii), (xiii) and (xiv).



Period: Twelve months ended December 31, 2006.



With
respect to the Platform and the Period, the Company provides the following assessment of compliance in respect of the Applicable Servicing Criteria:



| |  |  | The Company is responsible for assessing its compliance with the Applicable Servicing Criteria.
| | - |  | -----------------------------------------------------------------------------------------------



| |  |  | The Company has assessed compliance with the Applicable Servicing Criteria.
| | - |  | ---------------------------------------------------------------------------



| |  |  | As of December 31, 2006 and for the Period, the Company was in material compliance with the Applicable Servicing Criteria.
| | - |  | --------------------------------------------------------------------------------------------------------------------------



1



---

Ernst & Young LLP, an independent registered public accounting firm, has issued an attestation report with
respect to the Companys foregoing assessment of compliance.



|                                         |  |                                         
|---------------------------------------- |  | ----------------------------------------
|The Bank of New York                     |  | The Bank of New York                    
|The Bank of New York Trust Company, N.A. |  | The Bank of New York Trust Company, N.A.
|The Bank of New York (Delaware)          |  |                                         



LOGO



March 1,
2007



2
Exhibit 4.5


 


May 1, 2009


 


MGP
Ingredients, Inc.


Midwest
Grain Pipeline, Inc.


100
Commercial Street


Atchison,
KS  66002


 


Re:          Waiver of Borrowers’ Obligation to
Comply with Certain Financial Covenants


 


Ladies
and Gentlemen:


 


This letter concerns the
Credit Agreement dated as of May 5, 2008, among MGP Ingredients, Inc.,
Midwest Grain Pipeline, Inc., Commerce Bank, N.A., as Agent, Issuing Bank and
Swingline Lender, and the Banks party thereto, as amended (as so amended, the “Credit
Agreement”).  Capitalized terms used
and not defined in this letter have the meanings given to them in the Credit
Agreement.


 


The Agent, at the direction
and with the consent of the Required Banks, (1) waives the Borrowers’
obligation to comply, now or hereafter, with the financial covenants set forth
in Sections 6.3(b), 6.3(c), 6.3(d) and 6.3(e) of the Credit Agreement, and (2) waives
any Default or Event of Default arising solely out of the Borrowers’ failure to
comply with any of the foregoing financial covenants for the fiscal quarter
ending March 31, 2009.


 


Nothing in this letter shall
constitute a waiver by the Agent or any Bank of any other obligation of any
Borrower or a waiver of any other Default or Event of Default which may exist
on the date hereof; and nothing in this letter shall require the Agent or any
Bank to waive any Default or Event of Default which may arise in the future.


 


[next page follows]


 

















 


This letter may be validly
executed and delivered by fax, e-mail or other electronic means.


 


	
   

  	
  Very
  truly yours,

  
	
   

  	
   

  
	
   

  	
  COMMERCE
  BANK, N.A.,

  
	
   

  	
  as
  Agent

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/
  Craig D, Buckley

  
	
   

  	
   

  	
  Name:  Craig D. Buckley

  
	
   

  	
   

  	
  Title:    Vice President
4.103 Contract clause.

The contracting officer shall insert the clause at 52.204-1 Approval of Contract, in solicitations and

contracts if required by agency procedures.

Parent topic: Subpart 4.1 - Contract Execution
#### Richard W. Crosson et al., Appellants, v. Teresa G. Mielcarek, Respondent.

Judgment unanimously reversed on the law and facts, with costs, and verdict of the jury reinstated. Memorandum: In this action for specific performance of a contract for the sale of real property the verdict of the jury in plaintiffs’ favor was set aside by the trial court and the complaint dismissed. The defendant claimed that she was induced to enter into the agreement through fraud and misrepresentation and on this issue the jury determined that she had failed to prove this defense. 'This was purely a quesion of fact for the jury and its determination of this issue was substantially supported by the evidence. Defendant interposed certain legal defenses, namely that one of the plaintiffs was an infant at the time of the making of the agreement and lacked capacity to transfer real property under section 11 of the Real Property Law, and that the contract was violative of section 259 of the Real Property Law (now General Obligations Law, § 5-703, subd. 2) in that it was not “subscribed by the party to be charged”. Both of these defenses must fail. The contract called for the execution and delivery of the deed after the date when the infant became twenty-one and the deed tenderd by the plaintiffs was executed by the infant-plaintiff after she had reached her majority. Since the infant had not disaffirmed the contract and had ratified and affirmed it by the execution of the deed, the fact that she was an infant when the contract was made *691does not inure to defendant’s benefit. Section 259 of the Real Property Law requires only that the contract be signed by the party to be charged, which in this ease is the defendant. Therefore, whether the contract was signed by either plaintiff is immaterial, since their signatures are not required. (See, 1944 Report of N. Y. Law Rev. Comm., pp. 75-89.) The verdict of the jury in plaintiffs’ favor should be reinstated and defendant required to perform the contract of purchase. (Appeal from judgment of Brie Trial Term dismissing complaint on the merits in a specific performance action-real property.) Present ■—• Bastow, J. P., Goldman, Del Vecchio and Marsh, JJ.
#### § 3300.73 Period of validity of certificates.

In accordance with ATP, Annex 1, Appendix 1, paragraphs 1(a) and 1(b), certificates issued for new equipment are valid for a period of 6 years from date of issue.
#### § 56.54 [Reserved]
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7792

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus OMAR YUSUF DESANGES, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Samuel G. Wilson, District Judge. (CR-95-46) Submitted: February 24, 2005 Decided: March 8, 2005 Before NIEMEYER, WILLIAMS, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Omar Yusuf Desanges, Appellant Pro Se. Thomas Jack Bondurant, Jr., Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Omar Yusuf Desanges (“Desanges”) filed a notice of appeal seeking a review of his 1996 sentence pursuant to 18 U.S.C. § 3742 (2000). However, this statute is unavailable to Desanges, whose conviction we previously affirmed on direct appeal. See United States v. Desanges , No. 96-4561, 1998 WL 27149 (4th Cir. Jan. 27, 1998) (unpublished). Although § 3742 provides that a defendant may directly appeal his sentence, the statute provides no mechanism through which he or she may reopen a direct appeal. Accordingly, we dismiss the appeal. 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.

DISMISSED
#### UNITED STATES of America, Plaintiff-Appellee v. Arturo PALENCIA-CONTRERAS, also known as Joaquin Gonzalez-Hernandez, Defendant-Appellant.

No. 04-41366

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Sept. 4, 2007.

*863James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.

*ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES*

PER CURIAM: *

Arturo Palencia-Contreras (Palencia) appeals the sentence he received following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326. Palencia argues that the district court misapplied the Sentencing Guidelines by characterizing his previous Texas felony conviction for possession of a controlled substance as an aggravated felony under U.S.S.G. § 2L1.2(b)(l)(C). In a prior opinion, this court affirmed the sentence imposed. *See United States v. Palenciar-Contreras,*141 Fed.Appx. 342, 343 (5th Cir.2005). The Supreme Court granted certiorari, vacated this court’s judgment, and remanded the case for further consideration in light of its intervening decision in *Lopez v. Gonzales,*— U.S. —, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006).

Because Palencia has now completed the confinement portion of his sentence, any argument that the term of incarceration should be reduced is moot, and the only portion of the sentence remaining for consideration is his term of supervised release. *See United States v. Ramon,*320 F.3d 519, 519-20 (5th Cir.2003); *see also Johnson v. Pettiford,*442 F.3d 917, 918 (5th Cir.2006). Palencia, however, has been removed from the United States. Because he is barred from returning to the United States and because there is no indication that he has waived his right to be present for resentencing, Palencia’s challenge to the validity of his sentence is moot. *See United States v. Rosenbaum-Alanis,*483 F.3d 381, 383 (5th Cir.2007). Accordingly, the appeal is DISMISSED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-20541

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

BILLY JOE SEARS,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:11-CR-757-1

Before JONES, OWEN, and GRAVES, Circuit Judges. 

PER CURIAM:*

The attorney appointed to represent Billy Joe Sears has moved for leave

to withdraw and has filed a brief in accordance with Anders v. California, 386

U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Sears

has not filed a response. We have reviewed counsel’s brief and the relevant

portions of the record reflected therein. We concur with counsel’s assessment

that the appeal presents no nonfrivolous issue for appellate review. Accordingly,

counsel’s motion for leave to withdraw is GRANTED, counsel is excused from

United States Court of Appeals

Fifth Circuit

F I L E D

June 18, 2013

Lyle W. Cayce

Clerk

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

 Case: 12-20541 Document: 00512277439 Page: 1 Date Filed: 06/18/2013
No. 12-20541

further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR.

R. 42.2.

2

 Case: 12-20541 Document: 00512277439 Page: 2 Date Filed: 06/18/2013
Order filed October 4, 2018 

In The

Fourteenth Court of Appeals

____________

NO. 14-18-00464-CV

____________

IN THE INTEREST OF K.C.L. AND M.W.L., CHILDREN

On Appeal from the County Court at Law No. 2

Galveston County, Texas

Trial Court Cause No. 16-FD-2240

O R D E R

Appellant C.N.L.’s brief was due September 28, 2018. No brief or motion for 

extension of time has been filed. 

Unless appellant files a brief with this court by October 29, 2018, the court 

will dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). 

PER CURIAM
<TABLE> <S> <C>

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<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          OCT-31-1999
<PERIOD-END>                               JAN-31-1999
<CASH>                                         153,530
<SECURITIES>                                   861,892
<RECEIVABLES>                                  206,227
<ALLOWANCES>                                  (40,913)
<INVENTORY>                                      2,737
<CURRENT-ASSETS>                             1,406,928
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<DEPRECIATION>                               (361,115)
<TOTAL-ASSETS>                               1,930,671
<CURRENT-LIABILITIES>                          401,636
<BONDS>                                              0
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<COMMON>                                        33,594
<OTHER-SE>                                   1,479,508
<TOTAL-LIABILITY-AND-EQUITY>                 1,930,671
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<CGS>                                           64,120
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<OTHER-EXPENSES>                               185,336
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