alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.12


 


AMENDMENT NO. 1 TO FUND
ACCOUNTING SERVICING AGREEMENT


 


THIS AGREEMENT is made and entered into
as of this 26th day of January, 2018, by and between ETF MANAGERS
GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), ETF MANAGERS CAPITAL LLC, the sponsor
of the Trust (the “Sponsor”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company ("Fund
Services”).


 


WHEREAS, the Trust is authorized to issue
shares of beneficial interest in separate series, with each such series representing interests in a separate portfolio of securities
and other assets;


 


WHEREAS, Fund Services is engaged in providing
fund accounting and other services to funds; and


 


WHEREAS, the Trust, the Sponsor and Fund
Services have entered into an agreement dated January 2, 2015 (the "Agreement") whereby Fund Services has agreed to provide
certain services to each series of the Trust listed on Exhibit A (as amended from time to time) (each a “Fund”
and collectively, the “Funds”); and


 


WHEREAS, the parties wish to amend Exhibit
A of the Agreement to include a new separate series of the Trust, the Breakwave Dry Bulk Shipping ETF;


 


NOW, THEREFORE, in consideration of the
promises and mutual covenants herein contained, and other good and valuable consideration, the receipt of which is hereby acknowledged,
the parties hereto, intending to be legally bound, do hereby agree as follows:


 


Exhibit A is hereby amended to include the
following fund: Breakwave Dry Bulk Shipping ETF.


 


IN WITNESS WHEREOF, the parties hereto have caused this Amendment
to be executed by a duly authorized officer on one or more counterparts as of the date first above written.


 


ETF MANAGERS GROUP COMMODITY


TRUST I 


	 	 	 	 	 
	By:	/s/ Samuel Masucci, III	 
		
	Name:	Samuel Masucci, III 	 
	Title:	 	CEO	 








 






     


     


    


 


U.S. BANCORP FUND SERVICES, LLC





	 	 	 	 	 
	By:	/s/ Anita Zagrodnik	 
		
	Name:	Anita Zagrodnik	 
	Title:	 	Senior Vice President	 








 


ETF MANAGERS CAPITAL LLC





	 	 	 	 	 
	By:	/s/ Samuel Masucci, III	 
		
	Name:	Samuel Masucci, III 	 
	Title:	 	CEO
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  BNC Mortgage Loan Trust 2006-1 (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**Deutsche Bank National Trust Company, as CustodianFirst American Real Estate Solutions of Texas, L.P., as Sub-Contractor for Aurora Loan Services LLCFIS Tax Services f/k/a LSI Tax Services, as Sub-Contractor for Option One Mortgage CorporationNewport Management Corporation, as Sub-Contractor for Aurora Loan Services LLCOption One Mortgage Corporation, as ServicerRegulus Group LLC, as Sub-Contractor for Wells Fargo Bank, N.A.Risk Management Group, LLC, as Credit Risk ManagerU.S. Bank National Association, as Trustee and Paying AgentWells Fargo Bank, N.A., as ServicerZC Sterling Insurance Agency, Inc., as Sub-Contractor for Option One Mortgage CorporationZC Sterling Insurance Agency, Inc., as Sub-Contractor for Wells Fargo Bank, N.A.
OAO 247 (02/08) Order Regarding Motion for Sentence Reduction

UNITED STATES DISTRICT COURT

for the

NORTHERN DISTRICT OF FLORIDA

United States of America )

)

)

)

)

)

v.

Willie Calvin Davis Case No: 4:01cr29

USM No: 11552-017

Date of Previous Judgment: July 13, 2002 Clyde M. Taylor, Jr.

(Use Date of Last Amended Judgment if Applicable) Defendant’s Attorney

Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)

Upon motion of : the defendant 9 the Director of the Bureau of Prisons 9 the court under 18 U.S.C.

§ 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has

subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C.

§ 994(u), and having considered such motion,

IT IS ORDERED that the motion is:

9 DENIED. : GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in 

the last judgment issued) of 292 months is reduced to 262 .

I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)

Previous Offense Level: 35 Amended Offense Level: 34

Criminal History Category: VI Criminal History Category: VI

Previous Guideline Range: 292 to 365 months Amended Guideline Range: 262 to 327 months

II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE

: The reduced sentence is within the amended guideline range.

9 The previous term of imprisonment imposed was less than the guideline range applicable to the defendant at the time

of sentencing as a result of a departure or Rule 35 reduction, and the reduced sentence is comparably less than the

amended guideline range.

9 Other (explain):

III. ADDITIONAL COMMENTS

Except as provided above, all provisions of the judgment dated July 13, 2002 shall remain in effect.

IT IS SO ORDERED.

Order Date: April 30, 2008 s/ Stephan P. Mickle 

Judge’s signature

Effective Date: Stephan P. Mickle

(if different from order date) Printed name and title

Case 4:01-cr-00029-RH-CAS Document 139 Filed 04/30/08 Page 1 of 1
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 5214

_____________________________
B RANDO N D. B IZIER , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court fo r Duval County

. Russell Healey , Judge

. March 12, 2019

P ER C URIAM

.
A FFIRMED

.
W OLF , B ILBREY , and W INSOR , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

__ ___________________________2 Brando n D. Bizier, pro se
, Appellant.

Ashley B. Moody, Attorney General, Tallahassee
, for Appellee.
Subpart 5209.1 - RESPONSIBLE PROSPECTIVE CONTRACTORS     **Parent topic:** Part 5209 - CONTRACTOR QUALIFICATIONS5209.104 Standards.     5209.104-1 General standards.    (g)(ii) *Ownership or control by a foreign government when access to proscribed information is required.*       (C) Submit waiver requests for Undersecretary of Defense for Intelligence approval via DASN(P) by email at RDAJ&As.fct             @navy.mil with the subject “[Activity Name] DFARS 209.104-1(g)(ii) - Waiver Request/National Security Interest Determination.”       (D) Submit waiver requests for Secretary of Defense approval via DASN(P) by email at address RDAJ&As.fct             @navy.mil with the subject “[Activity Name] DFARS 209.104-1(g)(ii)(A) - SECDEF Waiver Request.”5209.104-5 Representation and certifications regarding responsibility matters.    (a)(1) When provided an affirmative response from The Boeing Company (TBC) in paragraph (a)(1) of the provision at 52.209-5, Certification Regarding Responsibility Matters, or paragraph (h) of the provision at 52.212-3 Offeror Representations and Certification—Commercial Items, the contracting officer shall request such additional information from TBC to determine if their affirmative response is solely related to the Deferred Prosecution Agreement between TBC and the United States District Court for the Northern District of Texas, Fort Worth Division, dated January 7, 2021.       (2) If it is determined that the affirmative response from TBC in (a)(1) is solely related to the Deferred Prosecution Agreement between TBC and the United States District Court for the Northern District of Texas, Fort Worth Division, dated January 7, 2021, notwithstanding FAR 9.104-5(a)(2), contracting officers are not required to provide the notification to the Department of the Navy’s Acquisition Integrity Office.5209.104-6 Federal Awardee Performance and Integrity Information System.    (c)(2) After completing the Federal Awardee Performance and Integrity Information System (FAPIIS) review required in FAR 9.104-6 prior to contract award and determining the potential awardee was removed from the debarred or suspended list within the last two years, the contracting officer, if choosing to continue with contract award, shall notify the HCA and the AGC(AI)). The AGC (AI) may provide additional available relevant information regarding the prospective awardee to assist the HCA in making and supporting the decision to award. The HCA shall approve the contract award.
#### § 772.11 Transfer and assumption—IMP loans.

Transfers and assumptions for IMP loans are processed in accordance with 7 CFR part 765. Any remaining transferor liability will be serviced in accordance with § 772.9(c) of this subpart.

[68 FR 69949, Dec. 16, 2003, as amended at 72 FR 64121, Nov. 15, 2007]
# 52.210 [Reserved]

- 52.210-1 Market Research. 

**Parent topic:**Subpart 52.2 - Text of Provisions and Clauses
Part 5130 - Cost Accounting Standards

Administration

(Revised 30 September 2022)

Subpart 5130.2 - CAS Program Requirements

5130.201 Contract requirements.

5130.201-5 Waiver.

5130.202 Disclosure requirements.

5130.202-6 Responsibilities.

Subpart 5130.2 - CAS Program Requirements

5130.201 Contract requirements.

5130.201-5 Waiver.

(a)(2) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) shall perform the

duties at FAR 30.201-5(a) and (b). See Appendix GG for further delegation.

(e) Requests for waiver of CAS shall be submitted IAW AFARS PGI 5130.201-5(e).

5130.202 Disclosure requirements.

5130.202-6 Responsibilities.

(b) The Assistant Secretary of the Army (Acquisition, Logistics and Technology), on a non-delegable

basis, shall make the authorization as described in FAR 30.202-6(b).
#### § 795.20 Joint and several liability.

Where two or more individuals or legal entities, who are treated as one person hereunder, receive payments which in the aggregate exceed the limitation, such individuals or legal entities shall be liable, jointly and severally, for any liability arising therefrom. The provisions of this part requiring the refund of payments shall be applicable in addition to any liability under criminal and civil fraud statutes.
LMC_Ex10-60


		
			Exhibit 10.60
		

		
			 
		

		
			Liberty Media Corporation
12300 Liberty Boulevard
Englewood, CO 80112
		

		
			November 30, 2017
		

		
			Liberty Interactive Corporation
12300 Liberty Boulevard
Englewood, CO 80112
Attention: Legal Department
		

		
			Re: Services Agreement
		

		
			 
		

		
			Ladies and Gentlemen:
		

		
			Reference is made to the Services Agreement, dated September 23, 2011, by and between Liberty Media Corporation, a Delaware corporation, and Liberty Interactive Corporation (the “Services Agreement”). 
		

		
			This confirms the parties’ understanding that the terms of the Services Agreement have continued in effect, notwithstanding provisions in the Services Agreement regarding termination, and will continue in effect until such time as the parties terminate upon the occurrence of any of the events described in Section 3.3(a), (b) or (c) of the Services Agreement.
		

		
			If the foregoing meets with your approval, kindly execute below and return a copy to the undersigned.
		

		
			[signature page follows]
		

		
			
		

		
			


		 


 



		

		
			Very truly yours,
		

		
			LIBERTY MEDIA CORPORATION 
		

		
			 
		

		
			 
		

		
			By:  /s/ Pamela L. Coe
		

		
			Name:  Pamela L. Coe
		

		
			Title:    Senior Vice President 
		

		
			 
		

		
			 
		

		
			Accepted and agreed this 30th day of November, 2017:
		

		
			LIBERTY INTERACTIVE CORPORATION 
		

		
			 
		

		
			 
		

		
			By:  /s/ Craig Troyer
		

		
			Name:  Craig Troyer
		

		
			Title:    Senior Vice President
Exhibit
23.1





Consent
of Independent Registered Public Accounting Firm





We
consent to the incorporation by reference in the Post – Effective Amendment No.
1 on Form S-3 to the Registration Statement (No. 333-138452) on Form S-1 of
Essex Rental Corp. of our report dated March 31, 2008, relating to our audit of
the financial statements of Hyde Park Acquisition Corp., which is included in
the Annual Report on Form 10-K of Essex Rental Corp. for the year ended December
31, 2009.





/s/ McGladrey & Pullen,
    LLPMcGLADREY
      & PULLEN, LLPNew
      York, New YorkMarch
      15, 2010
# 5144.302 Requirements.

(a)  The Assistant Secretary of the Army (Acquisition, Logistics and Technology), on a non-delegable basis, may raise or lower the $50 million review level for contracts administered by the Army, if it is considered to be in the Government’s best interest.  

**Parent topic:**Subpart 5144.3 - Contractors Purchasing System Reviews
Editorial Note on Subchapter A of Chapter VIII
Authority: 7 U.S.C. 71-87K, 1621-1627.

Editorial Note on Subchapter A of Chapter VIII
Editorial Note: Nomenclature changes to subchapter A appear at 84 FR 45645, Aug. 30, 2019.

§ 800.136 How to request appeal inspection services. ( a ) *General.* Requests shall be filed with the field office responsible for the area in which the original service was performed. Requests for Board appeal inspections may be filed with the Board of Appeals and Review or the field office that performed the appeal inspection. All requests shall include the information specified in § 800.46. Verbal requests shall be confirmed in writing when requested by official personnel as specified in § 800.46. Copies of request forms may be obtained from the field office upon request. If at the time the request is filed the documentation required by § 800.46 is not available, official personnel may, at their discretion, withhold service pending the receipt of the required documentation. An appeal inspection certificate will not be issued unless ( 1 ) documentation requested under § 800.46 has been submitted or
( 2 ) office personnel determine that sufficient information has been made available so as to perform the request. A record that sufficient information has been made available must be included in the record of the official service.
( b ) *Filing requirements.* Requests will be considered filed on the date they are received by official personnel. A record shall be maintained for all requests. Requests must be filed ( 1 ) before the grain has left the specified service point where the grain was located when the original inspection was performed,
( 2 ) no later than the close of business on the second business day following the date of the last inspection, and
( 3 ) before the identity of the grain has been lost. If a representative file sample as prescribed in § 800.82 is available, official personnel may waive the requirements pursuant to this paragraph. The requirements of paragraph (b)(1) of this section may be waived only upon written consent of the applicant and all interested persons. The requirements of paragraphs (b)(2) and (b)(3) of this section may be waived at the request of the applicant or other interested persons. The requirement of paragraph (b)(2) of this section may also be waived upon satisfactory showing by an interested person of evidence of fraud or that because of distance or other good cause, the time allowed for filing was not sufficient. A record of each waiver shall be included in the record of the appeal inspection service.
(Approved by the Office of Management and Budget under control number 0580-0012) [50 FR 45395, Oct. 31, 1985, as amended at 54 FR 5924, Feb. 7, 1989]
###### Editorial Note on Part 91

#### Editorial Note:

Nomenclature changes to part 91 appear at 61 FR 51350, Oct. 2 1996.

#### § 91.35 Who shall perform an appealed laboratory service.

An appealed laboratory service shall be performed, whenever possible, by another individual or other individuals than the scientist(s) or the technician(s) that performed the original analytical determination.
§ 764.255 Security requirements. Cross Reference
Link to an amendment published at 89 FR 65041 , Aug. 8, 2024.
An OL loan must be secured: ( a ) In accordance with §§ 764.103 through 764.106.
( b ) Except for MLs, by a: ( 1 ) First lien on all property or products acquired or produced with loan funds;
( 2 ) Lien of equal or higher position of that held by the creditor being refinanced with loan funds.
( c ) For MLs used for OL purposes: ( 1 ) For annual operating purposes, loans must be secured by a first lien on farm property or products having a security value of at least 100 percent of the loan amount, and up to 150 percent, when available.
( 2 ) For loans made for purposes other than annual operating purposes, loans must be secured by a first lien on farm property or products purchased with loan funds and having a security value of at least 100 percent of the loan amount.
( 3 ) A lien on real estate is not required unless the value of the farm products, farm property, and other assets available to secure the loan is not at least equal to 100 percent of the loan amount.
( 4 ) Notwithstanding the provisions of paragraphs (c)(1), (c)(2), and (c)(3) of this section, FSA will not require a lien on a personal residence.
[72 FR 63298, Nov. 8, 2007, as amended at 78 FR 3835, Jan. 17, 2013; 81 FR 3293, Jan. 21, 2016]
Exhibit








Exhibit 10.34
Amendment 2017-1
Amended and Restated Willis U.S. 2005 Deferred Compensation Plan
The Amended and Restated Willis U.S. 2005 Deferred Compensation Plan, is hereby amended as follows:  
1.Section 1.15 Eligible Employee is amended to add the following to the end thereof:


Effective January 1, 2018, only the following may be selected as Eligible Employees: an Employee with a job title of Producer who (a) is excluded from participation in the Willis Towers Watson Pension Plan for U.S. Employees (the “Pension Plan”), and (b) is level 38 or more senior; provided that any Employee may be selected by the Employer as an Eligible Employee for purposes of making an Employer Award.   
2.The last sentence of Section 3.1 Commencement of Participation shall be deleted in its entirety.


3.Section 7.1 is replaced in its entirety with the following:


7.1    Distribution Eligibility. Distribution of benefits from the Plan shall be made no earlier than (i) the Participant’s Separation from Service or, in the case of Key Employees or amounts deferred on or after January 1, 2018, six months following their Separation from Service, (ii) the date selected as an In-Service Distribution, (iii) in the event of an approved financial hardship due to an Unforeseeable Emergency, or (iv) solely with respect to amounts attributable to an Employer Award, at such time and in such manner as designated in such Employer Award, subject to the requirements set forth in Section 409A of the Code.
4.Section 7.3(c) is replaced in its entirety with the following:


(c)    Commencement of Distributions Due to Separation from Service. Distribution of benefits to a Participant under the Plan shall commence as early as administratively feasible, but in any event, no later than sixty (60) days after there is a Separation from Service or in which a Participant is eligible for an In-Service Distribution; provided, however, that in the case of Key Employees or with respect to amounts deferred on or after January 1, 2018, such Distribution shall not commence until after six (6) months from the Separation from Service.
§ 920.31 Duties. The committee shall have, among others, the following duties: ( a ) To select a chairperson and such other officers as may be necessary, and to define the duties of such officers;
( b ) To appoint such employees, agents and representatives as it may deem necessary, and to determine compensation and to define the duties of each;
( c ) To submit to the Secretary as soon as practicable after the beginning of each fiscal period a budget for such fiscal period, including a report in explanation of the items appearing therein and a recommendation as to the rate of assessment for such period;
( d ) To keep minutes, books and records which will reflect all of the acts and transactions of the committee and which shall be subject to examination by the Secretary;
( e ) To prepare periodic statements of the financial operations of the committee and to make copies of each such statement available to growers and handlers for examination at the office of the committee;
( f ) To cause its books to be audited by a public accountant at least once each fiscal year and at such times as the Secretary may request;
( g ) To act as intermediary between the Secretary and any grower or handler;
( h ) To investigate and assemble data on the growing, handling and marketing conditions with respect to kiwifruit;
( i ) To submit to the Secretary the same notice of meetings of the committee as is given to its members;
( j ) To submit to the Secretary such available information as may be requested;
( k ) To investigate compliance with the provisions of this part;
( l ) With the approval of the Secretary, to redefine the districts into which the production area is divided and to reapportion the representation of any district on the committee: *Provided,* That any such changes shall reflect, insofar as practicable, shifts in kiwifruit production within the districts and the production area.
#### § 774.1 Introduction.

The regulations of this part contain the terms and conditions under which loans are made under the Emergency Loan for Seed Producers Program. These regulations are applicable to applicants, borrowers, and other parties involved in making, servicing, and liquidating these loans. The program objective is to assist certain seed producers adversely affected by the bankruptcy filing of AgriBiotech.