alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF THE STATE OF DELAWARE

ROCKTENN CP, LLC, a Delaware §

corporation, and ROCKTENN § No. 120, 2014

SHARED SERVICES, LLC, a Georgia §

limited liability company, §

§

Defendants-Below, § Court Below: Court of Chancery

Appellants, § of the State of Delaware 

§

v. § C.A. No. 8837 (VCL)

§

BE&K ENGINEERING COMPANY, §

LLC, n/k/a KBR ENGINEERING § 

COMPANY, LLC, a Delaware corporation, §

§

Plaintiff-Below, §

Appellee. §

 

Submitted: October 15, 2014

Decided: October 16, 2014

Before STRINE, Chief Justice, HOLLAND, RIDGELY, and VALIHURA, Justices; 

and RYAN, Judge, constituting the Court en Banc.

Upon appeal from the Court of Chancery. AFFIRMED.

John T. Dorsey, Esquire, Martin S. Lessner, Esquire, Mary F. Dugan, Esquire, Emily V. 

Burton, Esquire, Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware; C. 

Walker Ingraham, Esquire, Anna R. Palmer, Esquire, Esther Slater McDonald, Esquire, 

Sara M. LeClerc, Esquire, Seyfarth Shaw LLP, Atlanta, Georgia; Rebecca Woods, 

Esquire (argued), Seyfarth Shaw LLP, Washington, D.C., for Appellants.

Joseph R. Slights, III, Esquire, Jason C. Jowers, Esquire, Elizabeth A. Powers, Esquire, 

Morris James LLP, Wilmington, Delaware; Jonathan R. Friedman, Esquire, Robert P. 

Marcovitch, Esquire (argued), Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Atlanta, 

Georgia for Appellee.

STRINE, Chief Justice:

 

Sitting by designation under Del. Const. art. IV, § 12.
The appellants raise a novel issue for the first time on appeal. They claim that a 

trial court, in considering whether to grant an injunction against a litigant pressing claims 

in another forum in arguable violation of an exclusive forum provision, may not consider 

factual statements made by the defendant in pleadings and affidavits in that 

simultaneously pending litigation as binding judicial admissions. The appellants bring 

this argument even though they have not retracted those statements, and, in fact, repeated

many of them to the trial court. This is an interesting issue that raises arguments not

considered by this Court before. In a commercial dispute like this that does not involve 

fundamental rights, like child custody or a criminal defendant’s liberty, the interests of 

justice would be disserved, not furthered, by allowing the appellants to raise this issue for 

the first time on appeal. Thus, we will not consider that argument. 

Based on the arguments and record properly presented to the Court of Chancery, 

we conclude that the Court of Chancery should be affirmed on the basis of its thorough

opinion of January 15, 2014.

1

 The appellants’ contention that expensive discovery might

reveal a state of events where the appellee unwittingly provided work under some 

unspecified contract – a contract other than the one that the appellants themselves said 

was central to the parties’ relationship – was not sufficient to generate a genuine issue of 

fact to preclude summary judgment. 

For the foregoing reasons, the judgment of the Court of Chancery is hereby 

AFFIRMED.

 

1

BE&K Engineering Company, LLC v. RockTenn CP, LLC, 2014 WL 186835 (Del. Ch. Jan. 15, 

2014).
<PAGE>

                           CONSENT OF J. H. COHN LLP

We consent to the incorporation by reference in this Amended Annual Report on 
Form 10-K/A, which is being filed with the Securities and Exchange Commission 
by NHP Incorporated ("NHP"), of our report dated April 26, 1995 with respect 
to our audit of the financial statements of Marlboro Greens Limited 
Partnership for the years ended December 31, 1994 and 1993, and the 
incorporation by reference of such report into NHP's Registration Statement 
on Form S-8 (No. 333-11933), NHP's Registration Statement on Form S-8 (No. 
333-11863), NHP's Registration Statement on Form S-8 (No. 333-11917), NHP's 
Registration Statement on Form S-8 (No. 333-11857) and NHP's Registration 
Statement on Form S-8 (No. 333-08137).

                                  /s/ J. H. Cohn LLP


                                  J. H. COHN LLP


   
Roseland, New Jersey
October 27, 1997
<PAGE>   1
                                                                   EXHIBIT 10.20

<TABLE>
<S>                                 <C>                                      <C>
Judith Abitbol                      Northern Telecom                         Tel 514 956-3149
Research & OEM Contract Manager     9300 Trans Canada Highway                Fax 514 956-3219
Transport Networks                  St. Laurent, Quebec Canada H4S 1K5
</TABLE>


                                                 NORTEL
                                                 NORTHERN TELECOM

Frank Grenon
Chief Executive Officer
Innova Corporation
3325 South 116th Street
Seattle, Washington
98168 USA

June 25, 1997.

SUBJECT: HEADS OF AGREEMENT; EXTENSION
--------------------------------------

Dear Sir,

This letter is to confirm that Innova Corporation and Northern Telecom Limited
have agreed to extend the Heads of Agreement signed between the parties on
December 13, 1996 to August 15, 1997.

The signatures below indicate the agreement of the parties with the content of
this letter.

Thank you,

/s/ Judith Abitol

Judith Abitbol


NORTHERN TELECOM LIMITED                     INNOVA CORPORATION


/s/ Gilles Dupuis                            /s/ Frank Grenon
----------------------------                 -------------------------------

Director Radio Program Management & NPI

Date:       97-06-26                         Date:  June 30, 1997
      -------------------                          ----------------

cc:   P.Boivin          Nortel CCM
      W.Silverman       Nortel St-Laurent
      G.Dupuis          Nortel St-Laurent
      B.Neuschwander    Nortel St.-Laurent
      C.Pallemaerts     Innova Corporation
SERVED : AUGUS T 20 , 201 0

U.S . DEPARTMEN T O FTRANSPORTATIO N

OFFIC EO FHEARING S WASHINGTON , D C I NTH EMATTERO F HARRISO NYACH T SALES , INC . FA A DOCKE T NO . CP10EA000 6 (Civi l Penalty Action ) FDM S NO . FAA-2010-062 6

NOTIC EO FASSIGNMEN T O FPROCEEDIN G Thi s proceedin g (heretofor e designate da s Cas e No . 2009EA700446 ) ha s bee nassigne d t o th e undersigned . Al l future pleading s an dothe r communication s regardin g thi s proceedin g shal l b e serve do n th e Judge , th e FA A Hearin g Docket , an dth e othe r person s o nth e attache d Servic e List .

li e A . Yode r Chie f Administrativ e L a Attachmen t

- Servic e Lis tFA A Docke t No . CP10EA000 6 (Civi l Penalty Action ) SERVIC ELIS T ORIGINA L& ON ECOP Y Federal Aviatio n Administratio n 80 0 Independenc e Avenue , S.W . Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-43 0 Wilbu r Wrigh t Buildin g - Suit e 2W1000 *

ON ECOP Y Davi dHarrison , Presiden t Harriso nYacht

Sales , Inc. , Responden t 10 6 Well s Cov e Roa d P.O . Bo x 9 8 Grasonville,M D 2163 8 TEL : 401-827-780 0 FAX : 410-827-483 0 Mary MadeUne McCarthy , Complainant' s Counse l Attorney , Offic e o f

th e Regiona l Counsel , EAL- 7 Federal Aviatio n Administratio n 1 Aviatio nPlaz a Jamaica , N Y 1143 4 TEL : 718-553-326 7 FAX : 718-995-569 9 Th e Honorabl e Ronni e A . Yoder , Chie f Administrativ e Law Judg e U.S . Departmen t

o f Transportatio n Offic e o f Hearings , M-20 , Roo mE l 2-32 0 120 0 Ne w Jerse y Avenue , S.E . Washington , D C 2059 0 TEL : 202-366-214 2 FAX : 202-366-753 6

' Servic e wa s b y U.S . Mail . Fo

r servic e i n perso no r b y expedite dcourier , us e th e followin g address : Federa l Aviatio n Administration, 60

0 Independenc

e Avenue , S.W. , Wilbu

r Wrigh t Buildin g - Suit e 2W1000, Washington

, D C 20591 , Attention : Hearin

g Docke t Clerk , AGC-430.
§ 2.25 Grain seed treated with poisonous substances; color identification to prevent adulteration of human and animal food. ( a ) In recent years there has developed increasing use of poisonous treatments on seed for fungicidal and other purposes. Such treated seed, if consumed, presents a hazard to humans and livestock. It is not unusual for stocks of such treated food seeds to remain on hand after the planting season has passed. Despite the cautions required by the Federal Seed Act (53 Stat. 1275, as amended 72 Stat. 476, 7 U.S.C. 1551 *et seq.*) in the labeling of the treated seed, the Food and Drug Administration has encountered many cases where such surplus stocks of treated wheat, corn, oats, rye, barley, and sorghum seed had been mixed with untreated seed and sent to market for food or feed use. This has resulted in livestock injury and in legal actions under the Federal Food, Drug, and Cosmetic Act against large quantities of food adulterated through such admixture of poisonous treated seeds with good food. Criminal cases were brought against some firms and individuals. Where the treated seeds are prominently colored, buyers and users or processors of agricultural food seed for food purposes are able to detect the admixture of the poisonous seed and thus reject the lots; but most such buyers, users, and processors do not have the facilities or scientific equipment to determine the presence of the poisonous chemical at the time crops are delivered, in cases where the treated seeds have not been so colored. A suitable color for this use is one that is in sufficient contrast to the natural color of the food seed as to make admixture of treated, denatured seeds with good food easily apparent, and is so applied that it is not readily removed.
( b ) On and after December 31, 1964, the Food and Drug Administration will regard as adulterated any interstate shipment of the food seeds wheat, corn, oats, rye, barley, and sorghum bearing a poisonous treatment in excess of a recognized tolerance or treatment for which no tolerance or exemption from tolerance is recognized in regulations promulgated pursuant to section 408 of the Federal Food, Drug, and Cosmetic Act, unless such seeds have been adequately denatured by a suitable color to prevent their subsequent inadvertent use as food for man or feed for animals.
( c ) Attention is called to the labeling requirements of the Federal Hazardous Substances Act, where applicable to denatured seeds in packages suitable for household use.
#### § 226.110 Distribution records.

Complete records shall be maintained for each shipment of Type A medicated article(s) in a manner that will facilitate the recall, diversion, or destruction of the Type A medicated article(s), if necessary. Such records shall be retained for at least 2 years after the date of the shipment by the manufacturer and shall include the name and address of the consignee, the date and quantity shipped, and the manufacturing dates, control numbers, or marks identifying the Type A medicated article(s) shipped.
###### Editorial Note on Part 314

#### Editorial Note:

Nomenclature changes to part 314 appear at 69 FR 13717, Mar. 24, 2004; 81 FR 69639, Oct. 6, 2016.

#### § 314.560 Termination of requirements.

If FDA determines after approval that the requirements established in § 314.520, § 314.530, or § 314.550 are no longer necessary for the safe and effective use of a drug product, it will so notify the applicant. Ordinarily, for drug products approved under § 314.510, these requirements will no longer apply when FDA determines that the required postmarketing study verifies and describes the drug product's clinical benefit and the drug product would be appropriate for approval under traditional procedures. For drug products approved under § 314.520, the restrictions would no longer apply when FDA determines that safe use of the drug product can be assured through appropriate labeling. FDA also retains the discretion to remove specific postapproval requirements upon review of a petition submitted by the sponsor in accordance with § 10.30.
Exhibit 4.15




DORI ENERGY INVESTMENT AGREEMENT




English summary of Hebrew version1




1. Preliminary Note




The Investment Agreement (the “Investment Agreement”) among U. Dori Group Ltd. (“Dori”), U. Dori Energy Infrastructures Ltd. (“Dori Energy”) and Ellomay Clean Energy Ltd. (“Ellomay Energy”) was executed on November 25, 2010.




Dori Energy is a private Israeli company and a subsidiary of Dori. The Investment Agreement provides for the issuance to Ellomay Energy, following the fulfillment of certain conditions precedent set forth in the Investment Agreement, of ordinary shares of Dori Energy which constitute forty percent (40%) of Dori Energy’s issued and outstanding share capital on a fully diluted basis, in consideration for NIS fifty million (50,000,000). This transaction was consummated on January 27, 2011.




2. Main content of the agreement




Ellomay Energy was granted with a call option (the "Option") to increase its holdings in Dori Energy, subject to certain terms and conditions which are set forth in the Investment Agreement, to up to fifty percent (50%) of Dori Energy's issued and outstanding share capital on a fully diluted basis. The price applicable to the exercise of the Call Option is two and a half million (2,500,000) NIS in consideration for each percent (1%) of Dori Energy's issued and outstanding share capital. The Option is divided into two tranches – an option to purchase up to an additional 9% of Dori Energy's issued and outstanding share capital is exercisable starting from the Closing Date and ending six (6) months after the completion and delivery of the Project (as herein defined) (the "First Tranche"), and subject to the full exercise of the First Tranche, an option to purchase an additional 1% of Dori Energy's issued and outstanding share capital shall be exercisable starting six (6) months after the completion and delivery of the Project and ending twenty four (24) months thereafter.




The Investment Agreement includes representations of Dori Energy, including with respect to Dori energy’s holdings of 18.75% of Dorad Energy Ltd. ("Dorad") issued and outstanding share capital.




The Investment Agreement further provides that Ellomay Energy shall extend corporate guarantees to Dori Energy, if and to the extent such guarantees are required to facilitate the obtainment of up to 40% of the bank finance required for Dori Energy with respect to its pro rata share of the equity required to be injected to Dorad by the shareholders thereof (Ellomay Energy shall not be required to extend any further collaterals in this respect).  In the same manner, Dori undertook to provide to Dori Energy corporate guarantees of up to 60% of such bank finance. Dori further undertook that in case such bank finance could not be obtained by Dori Energy, Dori shall provide the debt finance required for Dori Energy up to an amount of NIS 117.75 million pursuant to the terms provided in the Investment Agreement.








1 The original language version is on file with the Registrant and is available upon request.
##### 



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 Champion Enterprises, Inc. (the
Company) on Form 10-Q for the period ending April 3, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), we,
Albert A. Koch, Chief Executive Officer of the Company, and Phyllis A. Knight,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 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; 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/ ALBERT A. KOCH  
 /s/ PHYLLIS A. KNIGHT
#### § 514.120 Revocation of order refusing to approve an application or suspending or withdrawing approval of an application.

The Commissioner, upon his own initiative or upon request of an applicant stating reasonable grounds therefor and if he finds that the facts so require, may issue an order approving an application that previously has had its approval refused, suspended, or withdrawn.
[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Page 8098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3438]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3307-EM; Docket ID FEMA-2010-0002]


Arizona; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for 
the State of Arizona (FEMA-3307-DR), dated January 24, 2010, and 
related determinations.

DATES: Effective Date: January 29, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this emergency is closed effective January 29, 2010.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households In 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050, Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-3438 Filed 2-22-10; 8:45 am]
BILLING CODE 9111-23-P
<PAGE>   1

                                                                    EXHIBIT 23.3





                        Independent Accountants' Consent


   
The Board of Directors
Glacier Bancorp, Inc.:
    

We consent to the use of our reports incorporated herein by reference and to the
reference to our firm under the heading "Experts" in the prospectus.

/s/ KPMG PEAT MARWICK LLP

   
Billings, Montana
July 10, 1998
<TABLE> <S> <C>

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<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          APR-30-1999
<PERIOD-START>                             MAY-01-1998
<PERIOD-END>                               APR-30-1999
<CASH>                                          17,728
<SECURITIES>                                    47,736
<RECEIVABLES>                                   19,866
<ALLOWANCES>                                     4,621
<INVENTORY>                                          0
<CURRENT-ASSETS>                                94,344
<PP&E>                                          38,542
<DEPRECIATION>                                  28,983
<TOTAL-ASSETS>                                 126,795
<CURRENT-LIABILITIES>                           37,764
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        62,145
<OTHER-SE>                                      24,256
<TOTAL-LIABILITY-AND-EQUITY>                   126,795
<SALES>                                        139,729
<TOTAL-REVENUES>                               139,729
<CGS>                                           28,115
<TOTAL-COSTS>                                  150,437
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (7,907)
<INCOME-TAX>                                     1,017
<INCOME-CONTINUING>                            (8,924)
<DISCONTINUED>                                       0
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<EPS-BASIC>                                     (0.89)
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</TABLE>
§ 520.1425 Metronidazole. ( a ) *Specifications.* Each milliliter of suspension contains 125 milligrams (mg) metronidazole.
( b ) *Sponsor.* See No. 051311 in § 510.600(c) of this chapter.
( c ) *Conditions of use* — ( 1 ) *Amount.* Administer 25 mg per kilogram (11.3 mg per pound) of body weight twice daily for 5 consecutive days.
( 2 ) *Indications for use.* For the treatment of *Giardia duodenalis* infection in dogs.
( 3 ) *Limitations.* Federal law restricts this drug to use by or on the order of a licensed veterinarian.
[89 FR 14410, Feb. 27, 2024]
Order entered April 21, 2020

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-01165-CR

No. 05-19-01166-CR

No. 05-19-01167-CR

No. 05-19-01168-CR

DAVID JASON GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1

Dallas County, Texas

Trial Court Cause Nos. F-1739675-H, F-1739376-H, F-1839433-H, F-1900494-

H

ORDER

The State’s motion for extension of time to file brief is GRANTED. The 

State’s brief is deemed FILED on April 17, 2020. 

/s/ DAVID L. BRIDGES 

PRESIDING JUSTICE
§ 520.1120b Haloxon boluses. ( a ) *Specifications.* Each bolus contains 10.1 grams of haloxon.
( b ) *Sponsor.* See No. 000061 in § 510.600(c) of this chapter.
( c ) *Related tolerances.* See § 556.310 of this chapter.
( d ) *Conditions of use in cattle* — ( 1 ) *Amount.* Administered one bolus per 500 pounds body weight (35 to 50 milligrams per kilogram of body weight). Retreat in 3 to 4 weeks.
( 2 ) *Indications for use.* For control of gastrointestinal roundworms of the genera *Haemonchus, Ostertagia,* *Trichostrongylus,* and *Cooperia.*
( 3 ) *Limitations.* Do not treat dairy animals of breeding age or older. Do not treat within 1 week of slaughter.
[40 FR 13838, Mar. 27, 1975, as amended at 44 FR 61591, Oct. 29, 1979; 46 FR 48642, Oct. 2, 1981; 61 FR 8873, Mar. 6, 1996; 62 FR 61625, Nov. 19, 1997; 78 FR 28822, May 20, 2014]
§ 556.300 Gentamicin. ( a ) *Acceptable daily intake (ADI).* The ADI for total residue of gentamicin is 60 μg/kg of body weight per day.
( b ) *Tolerances.* The tolerances for gentamicin are: ( 1 ) *Chickens and turkeys.* Edible tissues (excluding eggs): 0.1 ppm.
( 2 ) *Swine.* ( i ) Liver: 0.3 ppm.
( ii ) Kidney (target tissue): 0.4 ppm gentamicin (marker residue).
( iii ) Fat: 0.4 ppm.
( iv ) Muscle: 0.1 ppm.
( c ) *Related conditions of use.* See §§ 520.1044a, 520.1044b, 520.1044c, 522.1044, 524.1044e, and 529.1044b of this chapter.
[84 FR 32993, July 11, 2019, as amended at 86 FR 13188, Mar. 8, 2021]