alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2018328EN.01003501.xml

| 17.9.2018 | EN | Official Journal of the European Union | C 328/35 |
| --- | --- | --- | --- |

17.9.2018

EN

Official Journal of the European Union

C 328/35

---

Judgment of the General Court of 12 July 2018 — Furukawa Electric v Commission

(Case T-444/14) (1)

((Competition - Agreements, decisions and concerted practices - European market for power cables - Decision finding an infringement of Article 101 TFEU - Single and continuous infringement - Proof of the infringement - Duration of participation - Calculation of the fine - Gravity of the infringement - Unlimited jurisdiction))

(2018/C 328/46)

Language of the case: English

Parties

Applicant: Furukawa Electric Co. Ltd (Tokyo, Japan) (represented by C. Pouncey, A. Luke and L. Geary, Solicitors)

Defendant: European Commission (represented by A. Biolan, C. Giolito and H. van Vliet, acting as Agents, and by M. Johansson, lawyer)

Intervener in support of the applicant: Viscas Corp. (Tokyo) (represented by J.-F. Bellis, lawyer)

Re:

Action pursuant to Article 263 TFEU for annulment of Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39610 — Power cables) in so far as it concerns the applicant and, in the alternative, an application for reduction of the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Furukawa Electric Co. Ltd to bear its own costs and to pay those of the European Commission; |
| --- | --- |

2.

Orders Furukawa Electric Co. Ltd to bear its own costs and to pay those of the European Commission;

| 3. | Orders Viscas Corp. to bear its own costs. |
| --- | --- |

3.

Orders Viscas Corp. to bear its own costs.

---

(1)  OJ C 303, 8.9.2014.

---
Exhibit 23.2

Consent of Independent Auditors

We consent to the use of our report dated June 22, 2009, with respect to the financial statements of Digital Link II, LLC included in
Form 10-K/A and incorporated by reference in the Registration Statements No. 333-153408 on Form S-8, No. 333-139177 on
Form S-8, No. 333-116739 on Form S-8 and No. 333-03849 on Form S-8 of Ballantyne Strong, Inc.

/s/ ERNST & YOUNG LLPLos Angeles, California
June 22, 2008


---



QuickLinks
Exhibit 10.1


 





AMENDMENT TO TERMINALING SERVICES AGREEMENT


 


(January
1, 2017)


 


 


This
Amendment to Terminaling Services Agreement is made as of the 1st day of January, 2017 between Center Point Terminal
Company, LLC, a Delaware limited liability company (“Terminal”), and Apex Oil Company, Inc., a Missouri
corporation (“Customer”).


 


RECITALS


 


A.       Terminal
and Customer are party to that certain Terminaling Services Agreement dated August 14, 2013, as amended (collectively, the “Agreement”),
which Agreement provides for the storage and handling of various petroleum products as specified therein at the Terminal Facilities.


 


B.       Terminal
and Customer desire to amend the Agreement pursuant to the terms and conditions contained herein.


 


AGREEMENT


 


In
consideration of the foregoing, the mutual covenants herein contained and other good and valuable consideration (the receipt,
adequacy and sufficiency of which are hereby acknowledged by the parties by their execution hereof), the parties agree as follows:


 


1.       Definitions.
All capitalized terms not otherwise expressly defined herein shall have the respective meanings given thereto in the Agreement.


 


2.       Amendments.


 


2.1       Stipulated
Volumes. Schedule B of the Agreement shall be amended to decrease the Stipulated Volumes at the Salisbury Facility by
6,055 barrels effective January 1, 2017, as shown on the Amended Schedule B attached hereto and incorporated herein by this
reference.


 


3.       No
Other Modifications. Nothing contained herein in any way impairs the Agreement or alters, waives, annuls, varies or affects
any provision, condition or covenant therein, except as specifically set forth in this Amendment to the Agreement. All other terms
and provisions of the Agreement remain in full force and effect.


 


 


 


[Signature Page Immediately Follows]


 




     


     


    

 


IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the date first written above.


 





	 	CENTER POINT TERMINAL COMPANY, LLC
	 	 	 
	 	By:	/s/ Ken Fenton
	 	Name:	Ken Fenton
	 	Title:	Executive Vice President
	 	 	 
	 	 	 
	 	APEX OIL COMPANY, INC.
	 	 	 
	 	By:	/s/ Christopher J. Schmitt
	 	Name:	Christopher J. Schmitt
	 	Title:	Chief Financial Officer







 







     


     


    




 


AMENDED SCHEDULE B


 


(Effective as of January 1, 2017)


 


 


 


STIPULATED VOLUMES AND TYPES OF PRODUCT


 


 


	 	Albany	Baltimore	Blakeley Island	Chesapeake	Gates	Glenmont	Greensboro	Jacksonville	Newark	North Little Rock	Salisbury	St. Louis	Total
	Stipulated Volumes/bbl	612,062	853,900	N/A	78,400	101,178	1,846,511	664,107	251,618	433,000	233,559	141,068	 	5,215,403 (excluding biodiesel and asphalt)
	Biodiesel volumes/bbl	 	 	 	 	 	 	 	 	500	 	 	 	500
	Asphalt Stipulated Volumes/bbl	 	 	 	165,000	 	 	 	 	 	 	 	347,820	512,820


 


 


 


This Amended Schedule B reflects all revisions to
the Agreement as of January 1, 2017.
EXHIBIT 10.55


                              Note to Exhibit 10.55



         The following Lease Supplement is substantially identical in all
material respects to five additional Lease Supplements except as follows:

<TABLE>
<CAPTION>

                                                                                                                Lease
                                                                                           Aircraft             Termination
Owner Participant                                       Date                               (Tail No.)           Date
-----------------                                       ----                                                    ----
<S>                                                     <C>                                <C>                  <C>
NCC Charlie Company*                                    September 10, 1998*                N575ML*              March 30, 2015*
NCC Charlie Company                                     September 10, 1998                 N576ML               March 30, 2015
General Electric Capital Corporation                    November 10, 1998                  N577ML               May 12, 2015
General Electric Capital Corporation                    November 10, 1998                  N578ML               May 13, 2015
Castle Harbour Leasing Inc.                             December 10, 1998                  N579ML               June 15, 2015
NCC Charlie Company                                     January 25, 1999                   N580ML               July 28, 2015
</TABLE>



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

*          Filed document
EXHIBIT 31.1

RULE 13a-14(a)/15d-14(a) CERTIFICATION

I, Sidney Camper III, President, certify that:

1.

I have reviewed this quarterly report on Form 10-QSB of InZon Corporation;

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 small business issuer as of, and for, the periods presented in this report;

4.

I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) [omitted pursuant to extended compliance period] for the small business issuer 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 small business issuer, 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)

[omitted pursuant to extended compliance period]

(c)

Evaluated the effectiveness of the small business issuer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

(d)

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

5.

I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of the small business issuer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 small business issuer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 small business issuers internal control over financial reporting.

Dated: May 20, 2008

| |     |                            
| | --- | ---------------------------
| | By: | /s/ Sidney Camper III      
| |     | Sidney Camper, President   
| |     | Principal Executive Officer
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

 WASHINGTON, D.C. 20460

 June 6, 2012

OFFICE OF

SOLID WASTE AND EMERGENCY

RESPONSE

Mark S. Morgan, Esq.

Petroleum Marketers Association of America

New England Fuel Institute

4200 Wisconsin Avenue, NW, Suite 106

Washington, D.C. 20016

Dear Mark:

Thank you for your comments on the proposed changes to the UST regulations. We appreciate 

the time and effort you put into commenting on the proposal. In order for us to fully understand 

your comments, it would be helpful to have some additional information. Attached to this letter 

are a number of questions about your comments. This additional information will help us 

determine an appropriate path forward.

We look forward to hearing from you on these issues and to meeting with you and your 

members. Once you have a chance to review these questions, let me know when you would like 

to schedule a meeting. As we work through all of the comments and all of the issues in the 

proposal, we may have additional questions for you.

Again thank you for your efforts to help us with the changes to the UST regulations. If you have 

any additional questions, feel free to contact me at mcdermott.elizabeth@epa.gov or at 703-603-

7175.

Sincerely,

Elizabeth McDermott

Office of Underground Storage Tanks
#### § 812.65 [Reserved]
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE
COMPANY'S UNAUDITED FINANCIAL STATEMENTS FOR THE THREE MONTHS ENDED
MARCH 31, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>


<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                                 Dec-31-2000
<PERIOD-END>                                      Mar-31-2000
<CASH>                                            211,921,450
<SECURITIES>                                                0
<RECEIVABLES>                                      34,358,820
<ALLOWANCES>                                          320,795
<INVENTORY>                                                 0
<CURRENT-ASSETS>                                  249,699,883
<PP&E>                                              2,019,576
<DEPRECIATION>                                      1,519,242
<TOTAL-ASSETS>                                    253,760,270
<CURRENT-LIABILITIES>                             183,487,355
<BONDS>                                                     0
<PREFERRED-MANDATORY>                                       0
<PREFERRED>                                                 0
<COMMON>                                              118,578
<OTHER-SE>                                         70,154,337
<TOTAL-LIABILITY-AND-EQUITY>                      253,760,270
<SALES>                                                     0
<TOTAL-REVENUES>                                   20,699,519
<CGS>                                                       0
<TOTAL-COSTS>                                               0
<OTHER-EXPENSES>                                            0
<LOSS-PROVISION>                                            0
<INTEREST-EXPENSE>                                          0
<INCOME-PRETAX>                                    16,221,999
<INCOME-TAX>                                        6,892,000
<INCOME-CONTINUING>                                 9,329,999
<DISCONTINUED>                                              0
<EXTRAORDINARY>                                             0
<CHANGES>                                                   0
<NET-INCOME>                                        9,329,999
<EPS-BASIC>                                              0.79
<EPS-DILUTED>                                            0.71



</TABLE>
February 2002 Extension of Loan and Security Agreement



EXHIBIT 10.24 
 

	 Mr. Edmond Tseng 
	 March 27, 2002 


OSE USA, Inc. 
2221 Old Oakland Road 
San Jose, CA 95131-14O2 
 
OSE, Inc. 
2221 Old Oakland Road 
San Jose, CA 9513-1402 

	RE:	 	Asset Based Line of Credit 

Loan # 42592~3’5665 
 
Dear Edmond,

 
Far East National Bank: Is pleased to inform you that $15MM
syndication commercial revolving line of credit for OSE USA, Inc./OSE, Inc. has been renewed from February 15, 2002 to August 15, 2002 as attached term condition. 
 
Based on the renewal, the $15MM commercial line of credit is co-lead by Bank SinoPac and Far East National Bank. FENB will
act as Servicing Agent and Bank SinoPac as Administrative Agent. 
 
Should you have any questions or comments on this arrangement, please do not hesitate to contact the undersigned. 
 
 

	 FAR EAST NATIONAL BANK

	
	 By:
	 	

	 	 	 Charles Tzeng, FVP










 
TERM
SHEET 
 

	
	 Loan Amount:
	  	 $15 million Asset Based Revolving Line of Credit

	
	 Borrower(s):
	  	 OSE USA, Inc. and OSE, Inc.

	
	 Borrowing Base:
	  	 Up to 80% of eligible AR excluding receivables over 90 days after invoice date and consignment and inter-company
receivables. However, eligible AR will continue to include government accounts, foreign, concentration, cross aging, contra accounts and old credits

	
	 Loan Purpose:
	  	 To finance borrower’s working capital requirement

	
	 Term:
	  	 Six months from prior maturity date (February 15, 02)

	
	 Repayment Terms:
	  	 Interest payment monthly; outstanding principal and accrued interest due at maturity

	
	 Interest Rate/Fees:
	  	 Prime + 0.50% 10.50% {or $75 thousand)

	
	 Collateral:
	  	 Perfected 1st security interest in all corporate assets including intellectual property, which was previously
perfected with a filing with the U .S. Patent Office.

	
	 Guarantor(s):
	  	 Orient Semiconductor Electronics, Ltd. {Taiwan)

	
	 Lenders:
	  	 FENB as Co-Lender and Servicing Agent and SSP as Co-Lender and Administrative Agent.


 
Financial Reporting
Requirements and Due Dates: 

	 	1.	 	Consolidated (OSE-USA and OSE) A/R and A/P aging reports due within 15 days from month-end accompanied by a borrowing base certificate. 


	 	2.	 	Each loan draws down to be supported by an updated borrowing base certificate. 


	 	3.	 	Quarterly signed compliance certificate due within 15 days from quarter end. 


	 	4.	 	Quarterly consolidated financial statements / 10Q due with 15 days of SEC filing. 


	 	5.	 	Annual consolidated CPA audited financial statements/ 10K due within 15 days of SEC filing. 


	 	6.	 	Financial forecasts and other reports as requested. 

 
Financial/Ratio Covenants to be tested Quarterly: 
Borrower: 
N/A 

	 Guarantor (OSE Taiwan):
	  	 Required


	 1.      Minimum Current ratio
	  	 1.00:1.00

	 2.      Minimum Debt Coverage Ratio
    (EBITDA/interest Expense) of
	  	 3.00x

	    Minimum Net Worth I Total Asset Ratio
	  	 O.45x

	 4.      4. Maximum Long-term Investment to
    Net Worth Ratio
	  	 O.50x
Editorial Note on Part 862
Editorial Note: Nomenclature changes to part 862 appear at 73 FR 35341, June 23, 2008.

§ 862.3520 Kanamycin test system. ( a ) *Identification.* A kanamycin test system is a device intended to measure kanamycin, an antibiotic drug, in plasma and serum. Measurements obtained by this device are used in the diagnosis and treatment of kanamycin overdose and in monitoring levels of kanamycin to ensure appropriate therapy.
( b ) *Classification.* Class II.
BLD-096 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 24-1337

___________

IN RE: RAJ K. PATEL,

Petitioner

____________________________________

On a Petition for Writ of Mandamus from the

United States District Court for the District of Delaware

(Related to D.C. Civil Action No. 1:24-cv-00021)

____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P.

April 4, 2024

Before: BIBAS, MATEY, and CHUNG, Circuit Judges

(Opinion filed: April 17, 2024)

_________

OPINION*

_________

PER CURIAM

Pro se litigant Raj Patel petitions for a writ of mandamus directing the Clerk of the 

United States District Court for the District of Delaware to enter a default and a default 

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 

does not constitute binding precedent.
2

judgment in Patel’s favor in a lawsuit that he has brought against United Parcel Service, 

Inc. (“UPS”). For the reasons that follow, we will deny Patel’s petition, as amended.

1

I.

Patel commenced his lawsuit against UPS in January 2024. In February 2024, 

Patel asked the District Court Clerk to enter a default and a default judgment against 

UPS. A few days later, Patel filed this mandamus action. He then filed additional 

requests for a default and a default judgment in the District Court. On March 22, 2024, 

the District Court denied Patel’s requests for a default and a default judgment, explaining 

that “service [of UPS] has yet to be effected,” and that UPS “is under no obligation to 

respond to [Patel’s] Complaint until formally served or until it has waived service.” 

(Dist. Ct. Order entered Mar. 22, 2024.) 

II.

A writ of mandamus is a drastic remedy that is available in extraordinary 

circumstances only. See In re Diet Drugs Prods. Liab. Litig., 418 F.3d 372, 378 (3d Cir. 

2005). To obtain the writ, a petitioner must show, inter alia, that “no other adequate 

means [exist] to attain the relief he desires.” Hollingsworth v. Perry, 558 U.S. 183, 190 

(2010) (per curiam) (alteration in original) (citation to quoted case omitted). Patel has 

not made that showing here, for he may challenge the District Court’s denial of his 

requests for a default and a default judgment in an appeal from the District Court’s entry 

1 Although Patel has amended his petition several times, the mandamus relief that 

he is seeking — an order directing the District Court Clerk to enter a default and a default 

judgment against UPS — has remained unchanged. 
3

of a final decision in his case.2 See Chamberlain v. Giampapa, 210 F.3d 154, 164 (3d 

Cir. 2000); Adult Film Ass’n of Am., Inc. v. Thetford, 776 F.2d 113, 115 (5th Cir. 1985) 

(per curiam); see also Madden v. Myers, 102 F.3d 74, 77 (3d Cir. 1996) (explaining that 

“a writ of mandamus may not issue if a petitioner can obtain relief by appeal”).

In view of the above, we will deny Patel’s mandamus petition, as amended.3

2 We take no position on the merits of such an appeal.

3 Patel’s motion to expedite our resolution of this mandamus action is denied.
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, August 14, 2018.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, August 14, 2018

The Court of Appeals hereby passes the following order

A19I0001. TRISTAR AMERICA, LLC v. STAR HOME ENTERPRISES, LLC.

Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be 

hereby DENIED.

LC NUMBERS:

16C06468
I 

118TH CONGRESS 

2D SESSION H. R. 7756 

To expand the scope of the Do Not Call rules under the Telephone Consumer 

Protection Act to include all telephone subscribers, and to expand the 

private right of action for calls in violation of those rules. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2024 

Ms. SCHAKOWSKY introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To expand the scope of the Do Not Call rules under the 

Telephone Consumer Protection Act to include all telephone subscribers, and to expand the private right of 

action for calls in violation of those rules. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting American 

5 Consumers from Robocalls Act’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 7756 IH

1 SEC. 2. EXPANDING SCOPE OF DO NOT CALL RULES AND 

2 PRIVATE RIGHT OF ACTION. 

3 (a) IN GENERAL.—Section 227(c) of the Communica4 tions Act of 1934 (47 U.S.C. 227(c)) is amended— 

5 (1) in paragraph (1), in the matter preceding 

6 subparagraph (A), by striking ‘‘residential’’; 

7 (2) in paragraph (3)— 

8 (A) in the matter preceding subparagraph 

9 (A), by striking ‘‘residential’’; and 

10 (B) in subparagraph (E), by striking ‘‘resi11 dential’’; and 

12 (3) in paragraph (5)— 

13 (A) in the matter preceding subparagraph 

14 (A), by striking ‘‘more than one telephone call 

15 within any 12-month period by or on behalf of 

16 the same entity’’ and inserting ‘‘a telephone call 

17 by or on behalf of an entity’’; and 

18 (B) in subparagraph (B), by striking ‘‘up 

19 to’’. 

20 (b) REVISED REGULATIONS.—Not later than 270 

21 days after the date of enactment of this Act, the Federal 

22 Communications Commission shall revise the regulations 

23 prescribed under section 227(c) of the Communications 

24 Act of 1934 (47 U.S.C. 227(c)) as necessary to implement 

25 the amendments made by subsection (a) of this section. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS